The Official Controls (Miscellaneous Amendments) Regulations 2024

PART 1 Introductory

Citation and commencement

1.  These Regulations may be cited as the Official Controls (Miscellaneous Amendments) Regulations 2024 and come into force on 30th April 2024.

Extent and application

2.  These Regulations extend to, and apply in relation to, England and Wales and Scotland, save that—

(a) regulation 13 applies in relation to England only;

(b) regulations 14 and 15 apply in relation to Wales only; and

(c) regulation 16 applies in relation to Scotland only.

Interpretation

3.  In these Regulations—

“baby food” has the meaning given by Article 2(2)(f) of Regulation 609/2013(1);

“bivalve molluscs” has the meaning given by point 2.1 of Annex 1 to Regulation 853/2004(2);

“Decision 2007/275” means Commission Decision 2007/275/EC concerning lists of composite products to be subject to controls at border control posts(3);

“Decision 2007/777” means Commission Decision 2007/777/EC laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries(4);

“dogchews” has the meaning given by point 17 of Annex 1 to Regulation 142/2011;

“follow-on formula” has the meaning given by Article 2(2)(d) of Regulation 609/2013;

“food for special medical purposes” has the meaning given by Article 2(2)(g) of Regulation 609/2013;

“infant formula” has the meaning given by Article 2(2)(c) of Regulation 609/2013;

“meat” has the meaning given by point 1.1 of Annex 1 to Regulation 853/2004;

“the Official Controls Regulation” means 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(5);

“the Phytosanitary Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031, as regards protective measures against pests of plants(6);

“the Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants(7);

“poultry” has the meaning given by point 1.3 of Annex 1 to Regulation 853/2004;

“poultry meat” means meat which come from the edible parts of poultry;

“poultry meat products” means processed products resulting from the processing of poultry meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat;

“Regulation 853/2004” means Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(8);

“Regulation 798/2008” means Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements(9);

“Regulation 1251/2008” means Commission Regulation (EC) 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species(10);

“Regulation 1069/2009” means Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption(11);

“Regulation 119/2009” means Commission Regulation (EC) No 119/2009 laying down a list of third countries or parts of thereof, for imports into, or transit through, the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements(12);

“Regulation 206/2010” means Commission Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements(13);

“Regulation 605/2010” means Commission Regulation (EU) No 605/2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption(14);

“Regulation 142/2011” means Commission Regulation (EU No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive(15);

“Regulation 609/2013” means Regulation (EU) No609/2013 of the European Parliament and of the Council on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control(16);

“Regulation 2019/625” means Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption(17);

“Regulation 2019/626” means Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry into the European Union lists of certain animals and goods intended for human consumption amending Implementing Regulation (EU) 2016/759 as regards these lists(18);

“Regulation 2019/628” means Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods and amending Regulation (EC) No 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificates ;

“Regulation 2019/1013” means Commission Implementing Regulation (EU) 2019/1013 on prior notification of certain categories of animals and goods entering the Union(19).

PART 2 Transitional modifications relating to official controls

Amendments to Annex 6 to the Official Controls Regulation

4.—(1) Annex 6 to the Official Controls Regulation is amended as follows.

(2) In Part 1, in paragraph 2—

(a) after the definition of “appropriate frequency rate” insert—

““designated border control post”, in relation to any particular category of goods included in a consignment, means a border control post designated in relation to goods of that category;”;

(b) in the appropriate place insert—

““free circulation under Union customs legislation”, in relation to relevant goods, means that the goods were declared, in accordance with European Union customs legislation, for a procedure corresponding to the free-circulation procedure referred to in section 3(3)(a) of the Taxation (Cross-border Trade) Act 2018;”;

(3) In Part 2—

(a) in paragraph 5, in the text inserted into Article 44, for paragraph 1B substitute—

“1B.   The following categories of relevant goods mentioned in Article 47(1)(a) or (b) from a relevant third country may enter Great Britain through any point of entry—

(a) live animals; and

(b) goods exempted from Article 47(1) in accordance with assimilated direct minor legislation or any regulations made under Article 48(d).

1BA.   From 30th April 2024, and subject to paragraphs 1BB and 1BC, relevant goods mentioned in Article 47(1)(b) or (d) (other than those falling within paragraph 1B) from a relevant third country must enter Great Britain through a designated border control post.

1BB.   Relevant goods falling within paragraph 1BA coming to Great Britain directly from the Republic of Ireland which—

(a) originate in a territory subject to special transitional import arrangements, or

(b) are in free circulation under Union customs legislation,

may enter Great Britain either through a designated border control post or, as regards England and Wales, through any point of entry mentioned in paragraph 1BC.

1BC.   The points of entry referred to in paragraph 1BB are—

(a) in relation to England, Heysham; and

(b) in relation to Wales, any point of entry in Wales.

1BD.   From 30th April 2024, and subject to paragraphs 1BE and 1BF, relevant goods mentioned in Article 47(1)(c) which are listed in accordance with Article 72(1) of the Plant Health Regulation must enter Great Britain through a designated border control post.

1BE.   Relevant goods listed in Annex 8 which either—

(a) originate in a territory subject to special transitional import arrangements, or

(b) are in free circulation under Union customs legislation,

may enter Great Britain through any point of entry.

1BF.   Relevant goods falling within paragraph 1BD coming to Great Britain directly from the Republic of Ireland which either—

(a) originate in a territory subject to special transitional import arrangements, or

(b) are in free circulation under Union customs legislation,

may enter Great Britain either through a designated border control post or through any point of entry mentioned in paragraph 1BG.

1BG.   The points of entry referred to in paragraph 1BF are—

(a) in relation to England, Heysham;

(b) in relation to Wales, Fishguard and Holyhead;

(c) in relation to Scotland, Cairnryan.”;

(b) in paragraph 6—

(i) in sub-paragraph (a), in the text inserted into Article 47, for the words from “any of” to “consignments” substitute “a border control post, at another point of entry into Great Britain or at the destination of the consignment”;

(ii) for sub-paragraph (b) substitute—

“(b) in paragraph 5, for the words from “animals” to the end, substitute “relevant goods entering Great Britain from a relevant third country are presented for official controls, as required by the competent authority, at a border control post, another point of entry or at the destination of a consignment.”;

(c) in paragraph 8(a), in the text inserted into Article 49(1), for “any of the places specified in Article 44(3)” substitute “a border control post, at another point of entry into Great Britain or at the destination of a consignment.”;

(d) in paragraph 13, in the inserted Article 56A—

(i) after paragraph 2 insert—

“2A.   From 30th April 2024, prior notification required under this Article must be given by the operators responsible for a consignment by completing and submitting the relevant part of the CHED into the appropriate computerised information management system.”;

(ii) after paragraph 9B insert—

“10.   The CHED must be used by the competent authorities to—

(a) record the outcome of any official controls performed and any decisions taken in the light of those controls, including any decision to reject a consignment; and

(b) communicate the information referred to in sub-paragraph (a) through the appropriate computerised information management system.

11.   The competent authorities must finalise the CHED as soon as any official controls have been finalised and a decision on the consignment has been taken and recorded on the CHED.”.

(e) omit paragraph 13A and after paragraph 13A(20) insert—

“13B.   In Article 66, after paragraph 6, insert—

“6A.   This paragraph applies where—

(a) there is non-compliance with the rules referred to in Article 1(2) in relation to relevant goods, other than live animals, entering Great Britain from a relevant third country on or after 30th April 2024; and

(b) the competent authority considers that the non-compliance is minor and technical and does not pose a risk to human, animal or plant health or to the environment.

6B.   Where paragraph 6A applies—

(a) paragraph 1 applies as if—

(i) for “shall”, in the first three places where it occurs, there were substituted “may”; and

(ii) after “consignment and” insert “, where it does so,”;

(b) in paragraph 3, in the first place where it occurs, for “shall” there were substituted “may”; and

(c) in paragraph 6, for “shall” there were substituted “may”.”.”.

Transitory derogations relating to the presentation of official certificates at border control posts

5.—(1) This regulation applies during the period beginning with 30th April 2024 and ending with 31st July 2024, in relation to relevant goods originating in relevant third countries which—

(a) are required under the rules mentioned in Article 1(2)(a) to (g) of the Official Controls Regulation to be accompanied by official certificates; and

(b) enter Great Britain through a point of entry for which a border control post is designated.

(2) Where this regulation applies, the official certificates mentioned in paragraph (1)(a) may be either—

(a) presented at the border control post of first arrival—

(i) in the case of a phytosanitary certificate relating to plants, plant products or other objects(21), in paper or electronic form meeting the conditions in Article 76 of the Plant Health Regulation;

(ii) in any other case, as a paper certificate meeting the conditions in Article 3 of Regulation 2019/628 or an electronic certificate meeting the conditions in Article 4 of Regulation 2019/628; or

(b) presented to the competent authority of the border control post of first arrival—

(i) through the appropriate computerised information management system as a scanned copy of a certificate mentioned in sub-paragraph (a); and

(ii) attached to the common health entry document at the time that prior notification of arrival is given in accordance with Article 56A(22) of the Official Controls Regulation.

(3) Where an official certificate is presented to the competent authority of the border control post in accordance with paragraph (2)(b), the original of that certificate, in a form meeting the requirements mentioned in paragraph (2)(a)(i), (ii) or (iii) as the case may be, must be presented to the competent authority—

(a) where the official certificate is a phytosanitary certificate, within 3 working days beginning with the day of arrival of the consignment to which the certificate relates; or

(b) in any other case, within 5 working days beginning with the day of arrival of the consignment to which the certificate relates.

(4) In this regulation, the original of an official certificate means—

(a) a certificate signed and issued in accordance with Articles 88 and 89 of the Official Controls Regulation and—

(b) where the certificate is—

(i) a paper certificate, a certificate which meets the requirements of Articles 88 and 89 of the Official Controls Regulation and Article 3 of Regulation 2019/628(23); or

(ii) where the certificate is an electronic certificate, a certificate which meets the requirements of Article 39 of Regulation 2019/1715 and Article 4 of Regulation 2019/628.

PART 3 Plant health

Amendments to the Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021

6.—(1) The Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021(24) are amended as follows.

(2) In regulation 2—

(a) in paragraph (1), for “specified goods” substitute “relevant goods”;

(b) omit paragraph (2);

(c) in paragraph (3)—

(i) after sub-paragraph (c) insert—

“(ca) “relevant goods” means goods within the category referred to in Article 47(1)(c) of the Official Controls Regulation, other than goods which are—

(i) referred to in column 2 of the table in Annex 8 to the Official Controls Regulation, as inserted by paragraph 15 of Annex 6 to that Regulation; and

(ii) come from a country listed in Part A of Annex 11 to the Phytosanitary Conditions Regulation under the entry number, specified in column 3 of the table in Annex 8, which corresponds to the particular goods referred to in column 2;”;

(ii) omit sub-paragraph (d).

(3) Omit regulation 3.

(4) In regulation 4—

(a) in paragraph (1), for “specified goods” substitute “relevant goods”;

(b) omit paragraph (2); and

(c) in paragraph (3), omit sub-paragraphs (a) and (b).

(5) Omit the Schedule (list of plants, plant products and other objects which are “specified goods”).

Amendment to Commission Implementing Regulation (EU) 2019/2072

7.  Schedule 1 amends the Phytosanitary Conditions Regulation.

Amendments to Annex 8 to the Official Controls Regulation, as inserted by paragraph 15 of Annex 6 to that Regulation

8.—(1) The table in Annex 8 to the Official Controls Regulation(25) (inserted by paragraph 15 of Annex 6) is amended as follows.

(2) In the section headed “Parts of plants, other than fruit and seeds of:”—

(a) at the beginning, after the heading insert—

“Solanaceae Juss. and Ipomoea L.

Vegetable products not elsewhere specified or included, fresh.

7”

(b) in the row beginning with “Leafy vegetables of Apium graveolens L.”—

(i) in the first column, for “and Ocimum L.” substitute “Ocimum L and Spinacia oleracea L.”; and

(ii) in the second column, in the line beginning with “Other vegetables”, for “Other” substitute “Spinach and other”.

(3) In the section headed “Fruits of:”—

(a) in the row beginning with “Momordica L.”, in the second column, at the beginning insert a new line “Fruits of the genus Capsicum or of the genus Pimenta.”;

(b) in the row beginning with “Carica papaya L.”—

(i) in the first column, omit—

(aa) “Carica papaya L., Cydonia Mill.”:

(bb) “Prunus L.”;

(cc) “Ribes L.”; and

(dd) “Syzygium Gaertn.”;

(ii) in the second column—

(aa) omit “Papaws (papayas) fresh or chilled.”;

(bb) for “, pears and quinces” substitute “and pears”;

(cc) omit “Apricots, cherries, peaches (including nectarines), plums and sloes, fresh or chilled.”;

(dd) omit “Black, white or red currants and gooseberries, fresh or chilled.”.

Amendments to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020

9.—(1) The table in Schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020(26) is amended as follows.

(2) In the section headed “Parts of plants, other than fruit and seeds of:”—

(a) at the beginning insert—

“Solanaceae Juss. and Ipomoea L

Vegetable products not elsewhere specified or included, fresh.

7”

(b) in the row beginning with “Leafy vegetables of Apium graveolens L.”,—

(i) in the first column, for “and Ocimum L.” substitute “Ocimum L. and Spinacia oleracea L.”; and

(ii) in the second column, in the line beginning with “Other vegetables”, for “Other” substitute “Spinach and other”.

(3) In the section headed “Fruits of:”—

(a) in the row beginning with “Momordica L.”, in the second column, at the beginning insert a new line “Fruits of the genus Capsicum or of the genus Pimenta.”;

(b) in the row beginning with “Carica papaya L.”—

(i) in the first column, omit—

(aa) “Carica papaya L., Cydonia Mill.,”:

(bb) “Prunus L.,”;

(cc) “Ribes L.,”; and

(dd) “Syzygium Gaertn.,”;

(ii) in the second column—

(aa) omit “Papaws (papayas) fresh or chilled”;

(bb) for “, pears and quinces” substitute “and pears”;

(cc) omit “Apricots, cherries, peaches (including nectarines), plums and sloes, fresh or chilled.”;

(dd) omit “Black, white or red currants and gooseberries, fresh or chilled.”.

PART 4 Miscellaneous amendments relating to products of animal origin, animal by-products, derived products and composite products

Partial exemption of goods presenting a low risk or no specific risk from routine official controls under Article 47(1) of the Official Controls Regulation

10.—(1) The categories of goods mentioned in Article 47(1)(b) which meet the conditions specified—

(a) in relation to animal by-products and derived products, in paragraphs (2), (4) and (5), and

(b) in relation to products of animal origin, in paragraphs (2), (3) and (5),

are, subject to paragraphs (6) to (10), exempted from routine official controls under Article 47(1) of the Official Controls Regulation.

(2) The conditions in this paragraph are that the goods—

(a) are listed in the first column of Table 1 or Table 2 in Schedule 2;

(b) meet the appropriate conditions for that category of goods specified in the second and third columns of the corresponding row in Table 1 or Table 2 of that Schedule;

(c) meet any conditions specified for that category of goods under—

(i) the rules referred to in Article 1(2) of the Official Controls Regulation(27);

(ii) the rules set out in the Official Controls Regulation or in—

(aa) assimilated direct legislation made under, or having effect as if made under, the Official Controls Regulation(28);

(bb) lists published online by the appropriate authority under powers conferred by the Official Controls Regulation or by assimilated direct minor legislation or regulations made under the Official Controls Regulation; and

(cc) lists drawn up by the appropriate authority in accordance with conditions laid down in any regulations made under Article 126(1) and (2) of the Official Controls Regulation; and

(d) are labelled in English.

(3) Where the goods are products of animal origin, they must—

(a) be clearly identified as intended for human consumption;

(b) be securely packaged in visibly clean containers;

(c) not be—

(i) infant formula, follow-on formula, food for special medical purposes or baby food (unless the product is also a composite product otherwise exempted as complying with the conditions listed in Article 6 of Decision 2007/275); or

(ii) bivalve molluscs, echinoderms, tunicates or marine gastropods or their products, or composite products containing those animals or their products;

(d) be accompanied by a commercial document providing—

(i) any information which is required by assimilated direct legislation or regulations applying in relation to the particular category of goods; or

(ii) where there are no specific requirements applying to the category of goods, information which at least—

(aa) identifies the premises of origin of the goods;

(bb) identifies the destination of the goods;

(cc) includes a description of the goods; and

(dd) includes the quantity of the goods;

(e) be produced, stored and transported in accordance with the relevant standards laid down by Regulation 853/2004 and Regulation 178/2002 and assimilated direct minor legislation or regulations made under, or having effect as made under, those Regulations; and

(f) meet the requirements of Regulation 2019/625 and Regulation 2019/628 relevant to the particular category of goods.

(4) The conditions in this paragraph are that the goods—

(a) come from a third country listed in relation to the import of the particular category of goods either—

(i) in assimilated direct minor legislation made under Article 41(3) or (4) of Regulation 1069/2009(29); or

(ii) in regulations made under that provision;

(b) meet the relevant standards and requirements, set out in Regulations 1069/2009 and 142/2011, for that particular category of goods; and

(c) are accompanied, where required by Regulation 1069/2009 or Regulation 142/2011, by a commercial document—

(i) in a form conforming to the requirements of the model form published from time to time by the appropriate authority in accordance with paragraph 1 of Chapter 3 of Annex 8 to Regulation 142/2011(30); and

(ii) containing the information specified in Chapter 3 of that Annex.

(5) The conditions in this paragraph are that the goods come from a country or region listed—

(a) in the assimilated direct legislation referred to in relation to that category of goods in the third column of Table 1 or, as the case may be, Table 2 in Schedule 2;

(b) in any documents published by the Secretary of State in accordance with requirements under the legislation referred to in the third column of Table 1 or, as the case may be, Table 2 in Schedule 2; and

(c) in Table 3 in Schedule 2.

(6) An operator(31) intending to import goods in reliance on the conditions specified in paragraph (1) (“low risk goods”) must pre-notify the arrival of those goods to the competent authority—

(a) in accordance with the requirements of Article 56(3)(a) and (4) of the Official Controls Regulation; and

(b) in accordance with the notice period set out in Article 1 of Regulation 2019/1013.

(7) Low risk goods must enter Great Britain through a point of entry for which a border control post is designated for the relevant category of goods.

(8) The competent authority may carry out checks on goods which an operator is intending to import into Great Britain in reliance on the exemption under paragraph (1) where there is a suspicion—

(a) of non-compliance with the rules referred to in Article 1(2) of the Official Controls Regulation;

(b) that the consignment contains animals or goods—

(i) not declared by the operator to be part of the consignment;

(ii) not included in the categories of goods listed in Schedule 2; or

(iii) not meeting the conditions specified in this regulation or in Schedule 2; or

(c) of fraudulent or deceptive practices by an operator.

(9) The competent authority, in deciding whether to carry out checks in accordance with paragraph (8), may, in addition to the factors specified in paragraph (8), take into account the factors specified in Article 44(2) of the Official Controls Regulation.

(10) This regulation does not apply in relation to relevant goods entering Great Britain from relevant third countries in accordance with the transitional arrangements set out in Annex 6 to the Official Controls Regulation.

Amendment to Commission Implementing Regulation (EU) 2019/2007

11.—(1) Commission Implementing Regulation (EU) 2019/2007 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts(32) is amended as follows.

(2) In Article 3, after “this Regulation”, insert “other than animals and goods exempted under regulations or assimilated direct minor legislation made under Article 48 of Regulation (EU) 2017/625”.

Amendments to Commission Implementing Regulation (EU) 2019/2129

12.—(1) Commission Implementing Regulation (EU) 2019/2129 establishing rules for the uniform application of frequency rates for identity checks and physical checks on certain consignments of animals and goods entering the Union(33) is amended as follows.

(2) In Article 2(34), at the end insert—

“4.   ‘Dogchews’ has the meaning given by point 17 of Annex 1 to Regulation 142/2011;

5.   ‘Meat’ has the meaning given by point 1.1 of Annex 1 to Regulation 853/2004;

6.   ‘Poultry’ has the meaning given by point 1.3 of Annex 1 to Regulation (EC) 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin;

7.   ‘Poultry meat’ means meat which come from the edible parts of poultry;

8.   ‘Poultry meat products’ means processed products resulting from the processing of poultry meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat.”.

(3) In Article 4(35)—

(a) in paragraph 1, at the end insert “, except where paragraphs 3 to 8 apply.”;

(b) at the end insert—

“3.   Where the appropriate authority has conducted an assessment in relation to—

(a) the risks attached to the importation of—

(i) a species or category of animal, or

(ii) a category of goods mentioned in paragraph 1, and

(b) the risks posed by the importation of that category of animals or goods from (as the case may be) a particular region, third country, or part of a country,

the appropriate authority may determine the frequency rate which is to apply to that category of animals or goods.

4.   In determining the frequency rate to apply in accordance with paragraph 3, the appropriate authority musttake into account the factors specified in Article 44(2) of the Official Controls Regulation.

5.   Where, in accordance with paragraph 3, the appropriate authority has determined the frequency rate to apply to a species of animal or category of goods or products, the authority must publish the frequency rate online.

6.   Where—

(a) the appropriate authority has concluded an agreement as referred to in paragraph 2, or

(b) direct assimilated legislation or other national rules require an increase in the frequency rates published online,

the frequency rates determined in accordance with paragraph 3 must be increased, or as the case may be, decreased, in accordance with the requirements of that agreement, legislation or rule.

7.   The frequency rates determined by the appropriate authority under or in accordance with this Regulation, in relation to—

(a) meat and edible offal of sheep, fresh, chilled or frozen, originating in New Zealand,

(b) poultry meat products originating in China or Thailand, and

(c) pet food and dogchews originating in any third country,

must be no lower than the frequency rates applying in relation to corresponding goods being imported into Northern Ireland.

8.   In this Article, a reference to the determination of the frequency rate by the appropriate authority includes the redetermination of the rate from time to time.”.

PART 5 Consequential amendments to the Trade in Animals and Related Products legislation applying in relation to the territories of Great Britain

Consequential amendments to the Trade in Animals and Related Products Regulations 2011

13.—(1) The Trade in Animals and Related Products Regulations 2011(36) are amended as follows.

(2) In regulation 2(1), after the definition of “official controls” insert—

““official fish inspector” means a suitably trained person appointed in accordance with regulation 12;

“official veterinary surgeon” means a suitably trained veterinary surgeon appointed in accordance with regulation 12;”.

(3) In Schedule 3(37), at the end insert—

“Case 8: low risk goods exempted from routine checks at border control posts under Article 48(h) of the Official Controls Regulation

9.   Low risk goods exempted from routine identity and physical checks at border control posts under Article 48(h) of the Official Controls Regulation, in accordance with conditions specified by regulation 10 of the Official Controls (Miscellaneous Amendments) Regulations 2024.”.

(4) In Schedule 5(38)—

(a) for paragraph 4 substitute—

“4.— (1) Regulation 13 applies to relevant goods as if for that regulation there were substituted—

“13.— (1) From 30th April 2024, and subject to sub-paragraphs (2) and (3), no product may be brought into England from a third country otherwise than through a point of entry for which a border control post is designated for the relevant category of product.

(2) Live animals coming from a relevant third country may continue to enter England through any point of entry.

(3) Relevant goods (other than live animals) coming from the Republic of Ireland—

(a) which fall within the description in paragraph 1(a) of Schedule 5, or

(b) fall within the description in paragraph 1(b) of Schedule 5 and have been cleared for free circulation under Union customs legislation,

may enter England either through a border control post designated in relation to the particular category of product included in the consignment or through Heysham.”.”;

(b) in paragraph 5—

(i) for sub-paragraph (1) substitute—

“(1) From 30th April 2024, subject to the derogation specified in sub-paragraphs (3C) and (3D), regulation 14(1) to (4) applies to relevant goods, as if—

(a) in sub-paragraph (1), for the words from “notify through” to “border control post”, in the second place where it occurs, there were substituted “notify the competent authority in relation to England of the expected date of arrival of the consignment in England”;

(b) in sub-paragraph (3), after “made”, there were inserted “through the appropriate computerised information management system”;

(c) in sub-paragraph (4), in the opening words, after “another” there were inserted “or from any point of entry to a border control post,”;

(ii) omit sub-paragraphs (2) to (3A);

(iii) in sub-paragraph (3C), for the words from “the relevant” to “sub-paragraph (3)” substitute “relevant goods”;

(iv) in sub-paragraph (4), omit paragraphs (a) and (b);

(c) in paragraph 6—

(i) in sub-paragraph (1), for paragraph (a) substitute—

“(a) from 30th April 2024—

(i) any identity and physical checks carried out on products must take place at a border control post;

(ii) subject to the requirements of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97, official controls in relation to live animals may take place at the destination indicated in the importation document accompanying the animals;

(aa) the checks referred to in paragraph (a) must be carried out on a risk or random basis and at the appropriate frequency rate;

(ab) the operator responsible for a consignment of products must ensure that the consignment is presented for official controls at a reasonable time during the working day;

(ac) the competent authority, having carried out a documentary check and any necessary identity and physical checks on the consignment, may issue a CHED permitting entry;

(ad) where there are no legislative requirements relating to the consignment, the competent authority may issue a CHED where the importation of the consignment is authorised in accordance with the procedure specified in regulation 15(5) to (7);”;

(ii) in sub-paragraph (3), after the opening words, insert—

“(za) “appropriate frequency rate” has the meaning given by paragraph 2 of Annex 6 to the Official Controls Regulation;”;

(d) for paragraph 7 substitute—

“7.   Regulation 19 applies as if for that regulation there were substituted—

“19.— (1) Subject to sub-paragraph (4), an enforcement authority may seize any consignment of relevant goods brought into England from a relevant third country otherwise than—

(a) through a point of entry for which a border control post is designated for the category of product included in the consignment; or

(b) where the goods fall within the description in regulation 13(3)(a) or (b), as modified by paragraph 4(1) of Schedule 5, either through a point of entry mentioned in paragraph (a) or through Heysham.

(2) An enforcement authority may seize any consignment which is removed from a point of entry into England without a CHED or without authorisation by the competent authority.

(3) An enforcement authority may seize any consignment which is transported from a point of entry in England to a destination other than that specified in the CHED.

(4) Sub-paragraph (1) does not apply in relation to consignments of live animals.”.”.

(e) for paragraph 8 substitute—

“8.— (1) Regulation 20 applies as if—

(a) for paragraph (1) there were substituted—

“(1) This regulation applies, subject to paragraphs (1A) and (1B), in relation to any consignment of a product if any checks carried out show that the consignment does not comply with—

(a) the requirements of these Regulations, as they have effect subject to the transitional modifications specified in Schedule 5; or

(b) the rules referred to in Article 1(2) of the Official Controls Regulation.

(1A) This paragraph applies where—

(a) there is non-compliance with the rules referred to in paragraph (1); and

(b) the official veterinary surgeon or the official fish inspector (as appropriate) considers that the non-compliance is minor and technical and does not pose a risk to human, animal or plant health, or to the environment.

(1B) Where paragraph (1A) applies, paragraphs (2) and (3) apply as if for “must” there were substituted “may”.”;”.

Consequential amendments to the Trade in Animals and Related Products (Wales) Regulations 2011

14.—(1) The Trade in Animals and Related Products (Wales) Regulations 2011(39) are amended as follows.

(2) In regulation 2(1), after the definition of “official controls” insert—

““official fish inspector” (“arolygydd pysgod swyddogol”) means a suitably trained person appointed in accordance with regulation 12;

“official veterinary surgeon” (“milfeddyg swyddogol”) means a suitably trained veterinary surgeon appointed in accordance with regulation 12;”.

(3) In Schedule 3(40), at the end insert—

“Case 8: low risk goods exempted from routine checks under Article 48(h) of the Official Controls Regulation

9.   Low risk goods exempted from routine identity and physical checks in accordance with conditions specified by regulation 10 of the Official Controls (Miscellaneous Amendments) Regulations 2024.”.

(4) In Schedule 5(41)—

(a) for paragraph 4 substitute—

“4.— (1) From 30th April 2024, regulation 13 applies in relation to Wales as if—

(a) the existing text were renumbered as paragraph (1); and

(b) in paragraph (1) (as renumbered) for “other than at a border inspection post designated for that animal or product” there were substituted—

“other than—

(a) in accordance with paragraphs (2) or (3); or

(b) as regards any product, following the designation of a border control post for the product in question, through that border control post.”;

(c) after paragraph (1) there were inserted—

“(2) Live animals coming from a relevant third country may continue to enter Wales through any point of entry.

(3) Relevant goods (other than live animals) coming from the Republic of Ireland, which—

(a) fall within the description in paragraph 1(a) of Schedule 5, or

(b) fall within the description in paragraph 1(b) of Schedule 5 and have been cleared for free circulation under Union customs legislation,

may enter Wales through any point of entry.”.”;

(b) in paragraph 5—

(i) for sub-paragraph (1) substitute—

“(1) From 30th April 2024, subject to the derogation specified in sub-paragraphs (3C) and (3D), regulation 14(1) to (4) applies to relevant goods, as if—

(a) in sub-paragraph (1), for the words from “notify through” to “border control post”, in the second place where it occurs, there were substituted “notify the competent authority in relation to Wales of the expected date of arrival of the consignment in Wales”;

(b) in sub-paragraph (3) after “made”, there were inserted “through the appropriate computerised information management system”;

(c) in sub-paragraph (4)—

(i) for the opening words, there were substituted—

“(4) In the case of a transhipment of products from a point of entry in Wales to another point of entry or border control post, the person responsible for the consignment must notify the competent authority of the destination of—”;

(ii) in paragraph (b), for “border control post at which” there were substituted “place at which, if required,”;”;

(ii) omit sub-paragraphs (2) to (3A);

(iii) in sub-paragraph (3C), for the words from “the relevant” to “sub-paragraph (3)” substitute “relevant goods”;

(iv) in sub-paragraph (4), omit paragraphs (a) and (b);

(c) in paragraph 6—

(i) in sub-paragraph (1), for paragraph (a) substitute—

“(a) from 30th April 2024—

(i) any identity and physical checks carried out on products may take place either at the point of entry into Wales or at the destination indicated in the importation document accompanying the consignment;

(ii) subject to the requirements of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97, official controls in relation to live animals may take place at the destination indicated in the importation document accompanying the animals;

(aa) the checks referred to in paragraph (a) must be carried out on a risk or random basis and at the appropriate frequency rate;

(ab) the operator responsible for a consignment of products must ensure that the consignment is presented for official controls at a reasonable time during the working day;

(ac) the competent authority, having carried out a documentary check and any necessary identity and physical checks on the consignment, may issue a CHED permitting entry;

(ad) where there are no legislative requirements relating to the consignment, the competent authority may issue a CHED where the importation of the consignment is authorised in accordance with the procedure specified in regulation 15(5) to (7);”;

(ii) in sub-paragraph (3), after the opening words, insert—

“(za) “appropriate frequency rate” has the meaning given by paragraph 2 of Annex 6 to the Official Controls Regulation;”;

(d) in paragraph 7—

(i) the existing text is renumbered as sub-paragraph (1);

(ii) in the renumbered sub-paragraph (1), after “relevant goods” insert “coming from a relevant third country”;

(iii) at the end, insert—

“(2) An enforcement authority may seize any consignment which is removed from a point of entry in Wales without a CHED or without authorisation by the competent authority.

(3) An enforcement authority may seize any consignment which is transported from a point of entry in Wales to a destination other than that specified in the CHED.”;

(e) for paragraph 8, substitute—

“8.— (1) Regulation 20 applies as if—

(a) for paragraph (1) there were substituted—

“(1) This regulation applies, subject to paragraph (1A), in relation to any consignment of a product if any checks carried out show that the consignment does not comply with—

(a) the requirements of these Regulations, as they have effect subject to the transitional modifications specified in Schedule 5; or

(b) the rules referred to in Article 1(2) of the Official Controls Regulation.

(1A) This paragraph applies where—

(a) there is non-compliance with the rules referred to in paragraph (1); and

(b) the official veterinary surgeon or the official fish inspector (as appropriate) considers that the non-compliance is minor and technical and does not pose a risk to human, animal or plant health, or to the environment.

(1B) Where paragraph (1A) applies, paragraphs (2) and (3) apply as if for “must” there were substituted “may”.”;”.

Consequential amendments to the Trade in Animals and Related Products (Wales) Regulations 2011 (Welsh language text)

15.—(1) The Trade in Animals and Related Products (Wales) Regulations 2011 (Rheoliadau’r Fasnach mewn Anifeiliaid a Chynhyrchion Perthynol (Cymru) 2011)(42) are amended as follows.

(2) In regulation 2(1), at the appropriate place insert—

“ystyr “arolygydd pysgod swyddogol” (“official fish inspector”) yw person sydd wedi ei hyfforddi’n addas a benodir yn unol â rheoliad 12;

ystyr “milfeddyg swyddogol” (“official veterinary surgeon”) yw milfeddyg sydd wedi ei hyfforddi’n addas a benodir yn unol â rheoliad 12;.”.

(3) In Schedule 3(43)—

(a) at the end insert—

“Achos 8: nwyddau risg isel sydd wedi eu hesemptio rhag gwiriadau rheolaidd o dan Erthygl 48(h) o’r Rheoliad Rheolaethau Swyddogol

9.   Nwyddau risg isel sydd wedi eu hesemptio rhag gwiriadau adnabod a gwiriadau ffisegol rheolaidd yn unol ag amodau a bennir gan reoliad 10 o Reoliadau Rheolaethau Swyddogol (Diwygiadau Amrywiol) 2024.”.

(4) In Schedule 5(44)—

(a) for paragraph 4 substitute—

“4.— (1) O 30 Ebrill 2024 ymlaen, mae rheoliad 13 yn gymwys mewn perthynas â Chymru—

(a) fel pe bai’r testun presennol wedi ei ailrifo’n baragraff (1); a

(b) ym mharagraff (1) (fel y mae wedi ei ailrifo) fel pe bai’r canlynol wedi ei roi yn lle’r geiriau “ac eithrio drwy arolygfa ffin sydd wedi ei ddynodi ar gyfer yr anifail neu’r cynnyrch hwnnw”—

“ac eithrio—

(a) yn unol â pharagraffau (2) neu (3); neu

(b) mewn perthynas ag unrhyw gynnyrch, ar ôl i safle rheolaethau’r ffin gael ei ddynodi ar gyfer y cynnyrch o dan sylw, drwy’r safle rheolaethau’r ffin hwnnw.”;

(c) fel pe bai’r canlynol wedi ei fewnosod ar ôl paragraff (1)—

“(2) Caiff anifeiliaid byw sy’n dod o drydedd wlad berthnasol barhau i ddod i Gymru drwy unrhyw bwynt mynediad.

(3) Caiff nwyddau perthnasol (ac eithrio anifeiliaid byw) sy’n dod o Weriniaeth Iwerddon, sydd—

(a) yn dod o fewn y disgrifiad ym mharagraff 1(a) o Atodlen 5, neu

(b) yn dod o fewn y disgrifiad ym mharagraff 1(b) o Atodlen 5 ac sydd wedi eu clirio i’w cylchredeg yn rhydd o dan ddeddfwriaeth tollau’r Undeb,

ddod i Gymru drwy unrhyw bwynt mynediad.”.”;

(b) in paragraph 5—

(i) for sub-paragraph (1) substitute—

“(1) O 30 Ebrill 2024 ymlaen, yn ddarostyngedig i’r rhanddirymiad a bennir yn is-baragraffau (3C) a (3D), mae rheoliad 14(1) i (4) yn gymwys i nwyddau perthnasol—

(a) yn is-baragraff (1) fel pe bai “hysbysu’r awdurdod cymwys mewn perthynas â Chymru am y dyddiad y disgwylir i’r llwyth gyrraedd Cymru” wedi ei roi yn lle’’r geiriau o “drwy’r system” hyd at “safle rheoli ar y ffin” yn yr ail le y mae’n digwydd;

(b) yn is-baragraff (3) fel pe bai “drwy’r system rheoli gwybodaeth gyfrifiadurol briodol” wedi ei fewnosod ar ôl “hysbysiad”;

(c) yn is-baragraff (4)—

(i) fel pe bai’r canlynol wedi ei roi yn lle’r geiriau agoriadol—

“(4) Yn achos trawslwytho cynhyrchion o bwynt mynediad yng Nghymru i bwynt mynediad neu safle rheolaethau’r ffin arall, rhaid i’r person sy’n gyfrifol am y llwyth hysbysu awdurdod cymwys y gyrchfan am—”;

(ii) fel pe bai “y fan lle y bydd y trawslwythiad yn cael ei wirio, os oes angen hynny,”;” wedi ei roi yn lle paragraff (b);

(ii) omit sub-paragraphs (2) to (3A);

(iii) in sub-paragraph (3C), for the words from “cynhyrchion” to “is-baragraff (3)” substitute “nwyddau perthnasol”;

(iv) in sub-paragraph (4), omit paragraphs (a) and (b);

(c) in paragraph 6—

(i) in sub-paragraph (1), for paragraph (a) substitute—

“(a) o 30 Ebrill 2024 ymlaen—

(i) caniateir i unrhyw wiriadau adnabod a gwiriadau ffisegol a wneir ar gynhyrchion ddigwydd naill ai yn y pwynt mynediad i Gymru neu yn y gyrchfan a nodir yn y ddogfen fewnforio sy’n cyd-fynd â’r llwyth;

(ii) yn ddarostyngedig i ofynion Rheoliad y Cyngor (CE) Rhif 1/2005 ar ddiogelu anifeiliaid wrth eu cludo a gweithrediadau cysylltiedig a Chyfarwyddebau diwygio 64/432/EEC a 93/119/EC a Rheoliad (CE) Rhif 1255/97, caniateir i reolaethau swyddogol mewn perthynas ag anifeiliaid byw ddigwydd yn y gyrchfan a nodir yn y ddogfen fewnforio sy’n cyd-fynd â’r anifeiliaid;

(aa) rhaid i’r gwiriadau y cyfeirir atynt ym mharagraff (a) gael eu cynnal ar sail risg neu ar hap ac ar y gyfradd amlder briodol;

(ab) rhaid i’r gweithredwr sy’n gyfrifol am lwyth o gynhyrchion sicrhau bod y llwyth yn cael ei gyflwyno ar gyfer rheolaethau swyddogol ar adeg resymol yn ystod y diwrnod gwaith;

(ac) caiff yr awdurdod cymwys, ar ôl cynnal gwiriad dogfennol ac unrhyw wiriadau adnabod a gwiriadau ffisegol angenrheidiol ar y llwyth, ddyroddi DMIG sy’n caniatáu mynediad;

(ad) pan nad oes gofynion deddfwriaethol yn ymwneud â’r llwyth, caiff yr awdurdod cymwys ddyroddi DMIG pan fo mewnforio’r llwyth wedi ei awdurdodi yn unol â’r weithdrefn a bennir yn rheoliad 15(5) i (7);”;

(ii) in sub-paragraph (3), after the opening words, insert—

“(za) mae i “cyfradd amlder briodol” yr ystyr a roddir i “appropriate frequency rate” gan baragraff 2 o Atodiad 6 i’r Rheoliad Rheolaethau Swyddogol;”;

(d) in paragraph 7—

(i) the existing text is renumbered as sub-paragraph (1);

(ii) in the renumbered sub-paragraph (1), after “nwyddau perthnasol” insert “sy’n dod o drydedd wlad berthnasol”;

(iii) at the end, insert—

“(2) Caiff yr awdurdod gorfodi ymafael mewn unrhyw lwyth sy’n cael ei symud o bwynt mynediad yng Nghymru heb DMIG neu heb awdurdod yr awdurdod cymwys.

(3) Caiff yr awdurdod gorfodi ymafael mewn unrhyw lwyth sy’n cael ei gludo o bwynt mynediad yng Nghymru i gyrchfan ac eithrio’r gyrchfan a bennir yn y DMIG.”;

(e) for paragraph 8, substitute—

“8.— (1) Mae rheoliad 20 yn gymwys fel pe bai—

(a) y canlynol wedi ei roi yn lle paragraff (1)—

“(1) Mae’r rheoliad hwn yn gymwys, yn ddarostyngedig i baragraff (1A), mewn perthynas ag unrhyw lwyth o gynnyrch os bydd unrhyw wiriadau a gynhelir yn dangos nad yw’r llwyth yn cydymffurfio â’r canlynol—

(a) gofynion y Rheoliadau hyn, fel y maent yn cael effaith yn ddarostyngedig i’r addasiadau trosiannol a bennir yn Atodlen 5; neu

(b) y rheolau y cyfeirir atynt yn Erthygl 1(2) o’r Rheoliad Rheolaethau Swyddogol.

(1A) Mae’r paragraff hwn yn gymwys—

(a) pan na chydymffurfir â’r rheolau y cyfeirir atynt ym mharagraff (1); a

(b) pan fo’r milfeddyg swyddogol neu’r arolygydd pysgod swyddogol (fel y bo’n briodol) yn ystyried bod y diffyg cydymffurfio yn fân a thechnegol ac nad yw’n peri risg i iechyd pobl, anifeiliaid neu blanhigion, nac i’r amgylchedd.

(1B) Pan fo paragraff (1A) yn gymwys, mae paragraffau (2) a (3) yn gymwys fel pe bai “caniateir” wedi ei roi yn lle “rhaid”.”;”.

Consequential amendments to the Trade in Animals and Related Products (Scotland) Regulations 2012

16.—(1) The Trade in Animals and Related Products (Scotland) Regulations 2012(45) are amended as follows.

(2) In regulation 2(1), after the definition of “official controls” insert—

““official fish inspector” means a suitably trained person appointed in accordance with regulation 10(2);”.

(3) In Schedule 3(46), at the end insert—

“Case 8: low risk goods exempted under Article 48(h) of the Official Controls Regulation

8.   Low risk goods exempted from official controls in accordance with conditions specified by regulation 10 of the Official Controls (Miscellaneous Amendments) Regulations 2024.”.

(4) In Schedule 5(47)—

(a) for paragraph 3 substitute—

“3.— (1) From 30th April 2024, and subject to sub-paragraph (2), no product may be brought into Scotland from a relevant third country otherwise than through a point of entry for which a border control post is designated in relation to that category of product.

(2) Live animals may continue to enter Scotland through any point of entry.”.

(b) in paragraph 4—

(i) for sub-paragraph (1) substitute—

“(1) From 30th April 2024, subject to the derogation specified in sub-paragraphs (3C) and (3D), regulation 12 applies to relevant goods, as if—

(a) in sub-paragraph (1), for the words from “notify” to “border control post”, in the second place where it occurs, there were substituted “notify the competent authority in relation to Scotland of the expected date of arrival of the consignment in Scotland”;

(b) in sub-paragraph (3), after “made” there were inserted “through the appropriate computerised information management system”,”;

(ii) omit sub-paragraph (2);

(iii) in sub-paragraph (3C), for the words from “the relevant” to “sub-paragraph (3)” substitute “relevant goods”; and

(iv) omit sub-paragraphs (4), (5) and (6)(a) to (e).

(c) in paragraph 5—

(i) after sub-paragraph (1), insert—

“(1A) From 30th April 2024—

(a) any identity and physical checks carried out on products must take place at a border control post; and

(b) the operator responsible for a consignment of products must ensure that the consignment is presented for official controls at a reasonable time during the working day.

(1B) Subject to the requirements of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97, official controls in relation to live animals may take place at the destination indicated in the importation document accompanying the animals;

(1C) The checks referred to in paragraph (1A) and (1B) must be carried out on a risk or random basis and at the appropriate frequency rate.

(1D) The competent authority, having carried out a documentary check and any necessary identity and physical checks on the consignment—

(a) may issue a CHED permitting entry; or

(b) where there are no legislative requirements relating to the consignment, may issue a CHED where importation is authorised in accordance with the procedure specified in regulation 13(5) to (7).”;

(ii) in sub-paragraph (4), for “sub-paragraph (2)” substitute “sub-paragraph (2) or (2A), as the case may be”;

(iii) omit sub-paragraph (5);

(iv) in sub-paragraph (6), after the opening words, insert—

“(za) “appropriate frequency rate” has the meaning given by paragraph 2 of Annex 6 to the Official Controls Regulation;”;

(d) for paragraph 6 substitute—

“6.   Regulation 17 applies as if for that regulation there were substituted—

“17.— (1) Subject to sub-paragraph (4), an enforcement authority may seize any consignment of relevant goods brought into Scotland from a relevant third country otherwise than through a point of entry with a border control post designated for the category of goods included in the consignment.

(2) An enforcement authority may seize any consignment which is removed from a point of entry in Scotland without a CHED or without authorisation by the competent authority.

(3) An enforcement authority may seize any consignment which is transported from a point of entry to a destination other than that specified in the CHED.

(4) Paragraph (1) does not apply in relation to consignments of live animals.”.”;

(e) for paragraph 7 substitute—

“7.— (1) Regulation 18 applies as if—

(a) for paragraph (1) there were substituted—

“(1) This regulation applies, subject to paragraph (1A), in relation to any consignment of a product if any checks carried out show that the consignment does not comply with—

(a) the requirements of these Regulations, as they have effect subject to the transitional modifications specified in Schedule 5; or

(b) the rules referred to in Article 1(2) of the Official Controls Regulation.

(1A) This paragraph applies where—

(a) there is non-compliance with the rules referred to in paragraph (1); and

(b) the official veterinarian or the official fish inspector (as appropriate) considers that the non-compliance is minor and technical and does not pose a risk to human, animal or plant health, or to the environment.

(1B) Where paragraph (1A) applies, paragraph (2) applies as if for “must” there were substituted “may”.”;”.

(f) for paragraph 8 substitute—

“8.   Regulation 21 applies as if, in paragraph (1)—

(a) for “checks at a border control post” there were substituted “checks”; and

(b) after “Official Controls Regulation” there were inserted “or in the case of relevant goods, does not comply with the provisions of Schedule 5,””.

Douglas-Miller

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

At 10.02 a.m. on 22nd April 2024