The Official Controls (Fees and Charges) (Amendment) Regulations 2024

Amendments to Regulation (EU) 2017/625

2.—(1) Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products(1) is amended as follows.

(2) In Article 79 (mandatory fees or charges)—

(a) in paragraph 1, omit the words from “at border control posts” to “Article 53(1),”;

(b) in paragraph 3, for the words from “, in relation” to “into account:” substitute “decide to reduce the amount of, or waive, the fees or charges, after having had regard to any considerations that the competent authority considers to be relevant, including, but not limited to:”.

(3) In Article 81 (costs), in the opening words—

(a) for “shall” substitute “may”;

(b) for “the following costs, insofar as these result from the official controls concerned” substitute “the costs of official controls and costs connected with official controls, including but not limited to”.

(4) In Article 82(1)(a) (calculation of fees or charges)—

(a) for “a flat-rate” substitute “a flat-rate or set of flat-rates”;

(b) for “competent authorities”, in the first place it occurs, substitute “competent authorities, individually or, by agreement, collectively,”.

(5) For Article 84(2) (payment of fees or charges) substitute—

“2.   The operator responsible for the consignment or its representative must pay the fee or charge collected in accordance with Articles 79(1), (2) or 80, subject to alternative arrangements being provided by other legislation.”.

(6) In Article 85(2) (transparency), for “make available to the public” substitute “make available to the public, including by publication online,”.

(1)

EUR 2017/625, which is amended by S.I. 2020/1481 and 2022/1315. There are other amending instruments, but none is relevant.