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Article 168

[F1ANNEX 6U.K.Application of and derogations from this Regulation, and modifications to its application, in relation to territories subject to special transitional import arrangements

Textual Amendments

Modifications etc. (not altering text)

PART 1U.K.Introductory

1ApplicationU.K.

This Annex applies during the transitional staging period to relevant goods which—

2InterpretationU.K.

For the purposes of this Annex—

Textual Amendments

Subordinate Legislation Made

P1Annex 6 para. 2: 31.1.2025 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); (29.6.2022) by S.I. 2022/621, regs. 1(1)(b), 4(2); (E.) (30.12.2022) by S.I. 2022/1374, regs. 1(b), 3(2); (W.) (30.12.2022) by S.I. 2022/1317, regs. 1(2)(c), 2(2); (S.) (1.1.2023) by S.S.I. 2022/371, regs. 1, 2(2); (E.S.) (31.1.2024) by S.I. 2024/20, regs. 1(1), 2(2)(a); (W.) (31.1.2024) by S.I. 2024/20, regs. 1(1), 2(2)(b); and (28.4.2024) by S.I. 2024/540, regs. 1(2), 4

3Application and derogations from, and modifications to, these RegulationsU.K.

[F12 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.

[F132The appropriate authority may by regulations amend Part 2 of this Annex.]

Textual Amendments

PART 2U.K.Derogations and modifications: relevant goods entering Great Britain from a relevant third country

4In Article 43, after “and 48,” insert “ other than relevant goods entering from a territory subject to special transitional import arrangements, ”.U.K.

5After Article 44(1), insert—U.K.

“1A[F14Subject 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.

[F151B 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).

1BAFrom 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.

1BBRelevant 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.

1BCThe 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.

1BDFrom 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.

1BERelevant 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.

1BFRelevant 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.

1BGThe 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.]

[F161C The competent authorities must perform identity checks and physical checks on consignments consisting of plants, plant products and other objects [F17as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031] at the appropriate frequency rate.]

[F181DParagraph 1C does not apply in respect of excluded goods.”]

Textual Amendments

[F195AIn Article 44(2), for “On animals and goods” substitute “Subject to paragraph (2A), for animals and goods”.U.K.

Textual Amendments

5BAfter Article 44(2) insert—U.K.

“(2A)For plants, plant products and other objects [F20as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031], the appropriate frequency of the official controls shall be determined having regard to the information specified in any regulations made under Article 54(3).

[F21(2B)Paragraph 2A does not apply in respect of excluded goods.”]]

Textual Amendments

[F225CIn Article 45(1), after “Article 44(1)” insert “or (1C)”.]U.K.

Textual Amendments

6In Article 47—U.K.

Textual Amendments

7In Article 48—U.K.

F258In Article 49—U.K.

Textual Amendments

9In Article 50—U.K.

.

10[F26Articles 53(2) and 54(1)] do not apply in relation to relevant goods entering Great Britain from a relevant third country.U.K.

Textual Amendments

11In Article 55(a), for paragraph 1 substitute—U.K.

“(1)

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.”

12In 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.

13After Article 56, insert—U.K.—U.K.

“Article 56A

Prior notification of entry to Great Britain: transitional arrangementsU.K.

1.

This Article applies in relation to relevant goods entering Great Britain from a relevant third country.

2.

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—

(a)

at least one working day before the expected time of arrival at a point of entry into Great Britain; or

(b)

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.

2A.

[F27From 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.]

3.

From 1st January 2021, operators must give prior notification of the arrival of—

(a)

live animals and germinal products;

(b)

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 [F28paragraph 5 of Schedule 5 [F29to, the Trade in Animals and Related Products Regulations 2011 or the Trade in Animals and Related Products (Wales) Regulations 2011 (as the case may be)]][F28paragraph 4 of Schedule 5 to the Trade in Animals and Related Products (Scotland) Regulations 2012];

(c)

those plants, plant products and other objects specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020.

4.

[F30From [F311st January 2022]][F30Subject 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—

(a)

all products of animal origin intended for human consumption;

(b)

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.

(c)

[F32animal by-products not already covered by paragraph 3(b).]

4A.

[F33Paragraph 4 does not apply to relevant goods which—

(a)

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; F34...

(b)

F34....

4B.

F35...]

4C.

[F36In relation to goods entering Great Britain on or after 17th November 2023, the requirement to give prior notification in accordance with paragraph 4(b) does not apply where the goods are plants of a category specified in column 1, and of a description specified in the corresponding entry in column 2, in the table in Annex 7.]

5.

[F37From 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).]

5.

[F38Paragraph 4 does not apply to relevant goods—

(a)

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), F39...

(b)

F39...

6.

F40...]

6.

[F41In relation to the following relevant goods entering England or Wales from the Republic of Ireland on or after 31st January 2024, the requirement to give prior notification does not apply where the condition in paragraph 7A is met—

(a)

plants, plant products and other objects within the scope of paragraph 3(c);

(b)

goods within the scope of paragraph 4(a) to (c);

(c)

plants, plant products and other objects that are goods of a kind referred to in paragraph 5.]

6A.

[F42In relation to goods entering Great Britain on or after 17th November 2023, the requirement to give prior notification in accordance with paragraph 4(b) does not apply where the goods are plants of a category specified in column 1, and of a description specified in the corresponding entry in column 2, in the table in Annex 7.]

7.

[F43From 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).]

7A.

[F41The condition is that the goods are qualifying Northern Ireland goods that, in the course of passing from Northern Ireland into England or Wales (respectively), have passed through the Republic of Ireland and have not passed through any other country or territory.

7B.

In this paragraph, “qualifying Northern Ireland goods” has the meaning given by regulation 3 of the Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020.]

8.

[F44In relation to the following relevant goods entering Scotland from the Republic of Ireland on or after 31st January 2024, the requirement to give prior notification does not apply where the condition in paragraph 9A is met—

(a)

plants, plant products and other objects within the scope of paragraph 3(c);

(b)

goods within the scope of paragraph 4(a) and (b);

(c)

plants, plant products and other objects referred to in paragraph 7.

9A.

The condition is that the goods are qualifying Northern Ireland goods that, in the course of passing from Northern Ireland into Scotland, have passed through the Republic of Ireland and have not passed through any other country or territory.

9B.

In this paragraph, “qualifying Northern Ireland goods” has the meaning given by regulation 3 of the Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020.]

10.

[F45The 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.”]

Textual Amendments

13AF46...U.K.

Textual Amendments

[F4713BIn Article 66, after paragraph 6, insert—U.K.

“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”.”]

Textual Amendments

14In 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.

[F4815.After Annex 6, insert the following Annex—U.K.

“ANNEX 8U.K.

Column 1

Category of plants

Column 2

Description of plants

Column 3

Corresponding entry number in the table in Part A of Annex 11 to the Phytosanitary Conditions Regulation to the category of plants in Column 1 to this table

(1)

“Annex 11 to the Phytosanitary Conditions Regulation” means Annex 11 to 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.”]

Root and tubercle vegetablesCarrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled.5
Other root and tubercle vegetables, fresh or chilled.
Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh, chilled, not frozen or dried, not sliced or in the form of pellets.
Ginger, saffron, turmeric (curcuma), and other spices, in the form of root or tubercle plant parts, fresh or chilled.
Sugar beet, not ground, fresh or chilled.
Chicory roots, fresh or chilled.
Other root and tubercle vegetables, fresh or chilled.
Swedes, mangolds, fodder roots, similar forage products, not in the form of pellets, fresh or chilled.
Parts of plants, other than fruit and seeds of:
[F49Solanaceae Juss. and Ipomoea L.Vegetable products not elsewhere specified or included, fresh.7]
Zea mays L.Other vegetables, fresh or chilled: Sweetcorn8

Leafy vegetables of Apium graveolens L., Eryngium

Tournier ex Linnaeus,

Limnophila R.Br. [F50Ocimum L and Spinacia oleracea L.]

[F51Spinach and other] vegetables, fresh or chilled.10
Parts of plants (other than fruit and seeds), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh, chilled, crushed or powdered.
Vegetable products not elsewhere specified or included, fresh or chilled.
Leaves of Manihot esculenta Crantz Leaves of cassava (Manihot esculenta), fresh or chilled. 11
Vegetable products of cassava (Manihot esculenta), not elsewhere specified or included, fresh or chilled.
Fruits of:
Momordica L. and Solanaceae Juss. [F52Fruits of the genus Capsicum or of the genus Pimenta.]19
Tomatoes, fresh or chilled.
Other vegetables, of Solanaceae, fresh or chilled.
Other fruit, fresh or chilled.

F53...Fragaria L., Malus Mill., Persea americana Mill., F54...Pyrus L., F55...Rubus L., F56...Vaccinium L. and Vitis L.

Avocados, fresh or chilled.20
Grapes, fresh or chilled.
F57. . .
Apples [F58and pears] , fresh or chilled.
F59. . .
Strawberries, fresh or chilled.
Raspberries, blackberries and loganberries, fresh or chilled.
F60. . .
Cranberries, bilberries, and other fruit of the genus Vaccinium, fresh or chilled.
Other, fresh or chilled.

Textual Amendments

Textual Amendments