Article 168
Textual Amendments
F1Annex 6 inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 29(4) (with reg. 46)
Modifications etc. (not altering text)
C1Annex 6 modified (4.3.2021) by The Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021 (S.I. 2021/136), regs. 1(1), 2(2)
This Annex applies during the transitional staging period to relevant goods which—
originate from a relevant third country; and
have been the subject of any requisite notification prior to their entry into Great Britain from a third country.
For the purposes of this Annex—
‘appropriate frequency rate’ means, in relation to—
animals and goods other than those specified in point (b), the frequency of performance of official controls, determined by the competent authority in accordance with the factors specified in Article 44(2) and published online;
plants, plant products and other objects specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020, the frequencies established under [F2regulations made under Article 54(3)];
‘prior notification’ means notification that has been given through the appropriate computerised information management system to the relevant competent authority in accordance with Article 56A;
‘the relevant competent authority’ means the authority responsible, in accordance with legislation in force in the relevant constituent territory of Great Britain, for performing official controls on the particular category of relevant goods and at the particular place where the controls are to be carried out;
‘relevant goods’ means animals and goods in the categories specified in [F3Article 47(1)(a) to (d)];
‘relevant third country’ means—
a territory subject to special transitional import arrangements; or
a third country other than a territory subject to special transitional import arrangements where, before importation into Great Britain, the animals and relevant goods concerned—
have been presented to a member State border control post recognised by the appropriate authority; and
are accompanied by a CHED which has been completed to the satisfaction of the relevant competent authority;
‘territory subject to special transitional import arrangements’ means—
in relation to relevant goods falling within [F4Article 47(1)(a), (b) or (d)]—
an EEA state;
the Faroe Islands;
Greenland;
Switzerland; or
in relation to relevant goods falling within Article 47(1)(c)—
an EU member State;
Liechtenstein;
Switzerland;
‘the transitional staging period’ means the period beginning on IP completion day and ending on—
31st July 2021; or
such other date as the appropriate authority may by regulations appoint, being a date not earlier than 1st July 2021.
Textual Amendments
F2Words in Annex 6 para. 2 substituted (22.7.2022) by The Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2022 (S.I. 2022/621), regs. 1(1)(b), 2(2)(a)
F3Words in Annex 6 para. 2 substituted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 11(2)(a)
F4Words in Annex 6 para. 2 substituted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 11(2)(b)
Subordinate Legislation Made
P1Annex 6 para. 2: 31.12.2022 appointed for the purposes of sub-paragraph (b) of the definition of “transitional staging period” by The Official Controls (Extension of Transitional Periods) Regulations 2021 (S.I. 2021/809), regs. 1(1)(b), 2 (as amended: (E.W.) (29.9.2021) by S.I. 2021/1096, regs. 1(1)(b), 4; (S.) (1.10.2021) by S.S.I. 2021/297, regs. 1, 2(2); (S.) (1.10.2021) by S.S.I. 2021/297, regs. 1, 2(2); (E.W.) (30.12.2021) by S.I. 2021/1443, regs. 1(1)(b), 7; (S.) (1.1.2022) by S.S.I. 2021/493, regs. 1, 2(2); and (29.6.2022) by S.I. 2022/621, regs. 1(1)(b), 4(2))
[F5 1]The provisions of this Regulation apply to relevant goods entering Great Britain from a relevant third country with the derogations and modifications specified in Part 2 of this Annex.
[F62The appropriate authority may by regulations amend Part 2 of this Annex.]
Textual Amendments
F5Annex 6 para. 3 renumbered as Annex 6 para. 3(1) (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 11(3)(b)
In Article 43, after “and 48,” insert “ other than relevant goods entering from a territory subject to special transitional import arrangements, ”.U.K.
Textual Amendments
F7Words in Annex 6 para. 5 inserted (29.6.2022) by The Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2022 (S.I. 2022/621), regs. 1(1)(b), 2(2)(b)(i)
F8Words in Annex 6 para. 5 inserted (29.6.2022) by The Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2022 (S.I. 2022/621), regs. 1(1)(b), 2(2)(b)(ii)
“1A[F7Subject to paragraph 1C,] the competent authorities may perform official controls on consignments which include relevant goods entering Great Britain from a relevant third country, selected randomly or on a risk basis and at the appropriate frequency rate.
1BRelevant goods originating in relevant countries may enter Great Britain through any point of entry during the transitional staging period.
[F81C The competent authorities must perform identity checks and physical checks on consignments consisting of plants, plant products and other objects specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 at the appropriate frequency rate.”]
Textual Amendments
For plants, plant products and other objects specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020, the appropriate frequency of the official controls shall be determined having regard to the information specified in any regulations made under Article 54(3).]
In Article 47—
in paragraph 1, in the opening words, for the words from “shall” to the end, substitute “ may perform official controls at any of the places specified in Article 44(3) on consignments of relevant goods of each of the following categories entering Great Britain from a relevant third country: ”;
in paragraph 5, for the words from “goods” to the end, substitute “ relevant goods entering Great Britain from a relevant third country are presented for official controls, where required, at any of the place specified in Article 44(3), by the relevant competent authority. ”.
In Article 48—
the existing text becomes paragraph 1;
at the end, insert—
“2This Article applies to relevant goods arriving in Great Britain from a relevant third country subject to the derogations and modifications specified in Annex 6.”
In Article 49—
in paragraph 1, for the words from “shall” to the end, substitute “ may perform official controls on consignments of relevant goods arriving from a relevant third country, selected randomly, or on the basis of risk, at any of the places specified in Article 44(3). Where a consignment of relevant goods is selected for official controls, those official controls must include documentary checks and may include identity and physical checks. ”;
in paragraph 2, in the opening words, for “Physical checks shall be performed” substitute “ In a case where a consignment is selected for physical checks, those checks must be performed, in relation to: ”.
In Article 50—
in paragraph 1, for the words from “kept by” to the end substitute “and, in a case where a consignment of relevant goods arriving from a relevant third country is selected for the performance of official controls, may be kept by the competent authority with responsibility for the place where the official controls are carried out (‘the responsible competent authority’)”;
in paragraph 2, for the words from “The competent authorities” to “shall” substitute “ In a case where a consignment of relevant goods arriving from a relevant third country is selected for official controls and the original official certificates or documents are kept by the responsible competent authority, that authority must ”;
for paragraph 3 substitute—
In a case where the responsible competent authority has notified the operator that official controls are to be performed on a consignment, that consignment must not be split until those official controls have been carried out.”
.
Textual Amendments
F10Words in Annex 6 para. 10 substituted (29.6.2022) by The Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2022 (S.I. 2022/621), regs. 1(1)(b), 2(2)(d)
In a case where official controls are performed on relevant goods arriving from a relevant third country, the competent authority must decide whether the consignment is in compliance with the rules referred to in Article 1(2) and, where relevant, the applicable customs procedure.”
In Article 56(1) and (2), in both places where the words occur, after “Article 47(1)” insert “ , other than relevant goods arriving from a relevant third country, ”;U.K.
—
This Article applies in relation to relevant goods entering Great Britain from a relevant third country.
Prior notification of relevant goods arriving from a territory subject to special transitional import arrangements, where required under paragraph 3 or 4 or by other legislation in force in the relevant constituent territory of Great Britain, must be given to the relevant competent authority—
at least one working day before the expected time of arrival at a point of entry into Great Britain; or
in a case where the importer can provide evidence of a logistical constraint preventing such notification, that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.
From 1st January 2021, operators must give prior notification of the arrival of—
live animals and germinal products;
animal by-products and derived products not intended for human consumption, where the consignment includes material which is required to be notified to the competent authority of destination by paragraph 5 of Schedule 5 to the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020);
those plants, plant products and other objects specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020.
[F11From [F121st January 2022]] [F11Subject to paragraph 4A, from 1st January 2022], in addition to the requirements specified in paragraph 3, relating to relevant goods, operators must give prior notification of the arrival of—
all products of animal origin intended for human consumption;
all plants, plant products and other objects of a description specified in any entry in columns 1 and 2 of the table in Part A of Annex 11 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, which originate in any third country listed in the corresponding entry in column 3 of that table.
[F13animal by-products not already covered by paragraph 3(b).]
[F14Paragraph 4 does not apply to relevant goods which—
are within the scope of Article 7 or Article 10 of Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market; or
are imported into Great Britain from the Republic of Ireland where the condition in paragraph 4B is met.
The condition is that the goods were produced in Northern Ireland or the Republic of Ireland, and for these purposes goods are taken to be produced in Northern Ireland or the Republic of Ireland if they are processed there.]
[F15From 13th December 2022, in addition to the requirements specified in paragraphs 3 and 4, operators must give prior notification of the arrival of any goods referred to in point (d) of Article 47(1).]
[F16Paragraph 4 does not apply to relevant goods—
to which Article 7 or Article 10 of Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market apply (as modified by Article 12A of that Regulation), or
which are imported into Scotland from the Republic of Ireland where the condition in paragraph 6 is met.
The condition is that the goods were produced in Northern Ireland or the Republic of Ireland, and for these purposes goods are taken to be produced in Northern Ireland or the Republic of Ireland if they are processed there.]
[F17From 13th December 2022, in addition to the requirements specified in paragraphs 3 and 4, operators must give prior notification of the arrival of any goods referred to in point (d) of Article 47(1).”]
In Article 57(1) and (3), after “Article 47(1)”, in both places where it occurs, insert “ , other than relevant goods arriving from a relevant third country, ”.U.K.
Textual Amendments
F18 Annex 6 para. 13 renumbered as Annex 6 para. 13A (E.W.S.) (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 12(3), 13(3)
In Article 79(1), in the opening words, for the words from “or” to “Article 53(1)” substitute “ , at control posts referred to in point (a) of Article 53(1) or, in relation to relevant goods arriving from a territory subject to special transitional import arrangements, at one of the places referred to in Article 44(3), ”.]U.K.