[F1 ANNEX 6 U.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

F1 Annex 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)

C1 Annex 6 modified (4.3.2021) by The Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021 (S.I. 2021/136), regs. 1(1), 2(2)

PART 1 U.K. Introductory

1 Application U.K.

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

• (a)

  originate from a relevant third country; and

  (b)

  have been the subject of any requisite notification prior to their entry into Great Britain from a third country.

2 Interpretation U.K.

For the purposes of this Annex—

• ‘appropriate frequency rate’ means, in relation to—

  (a)

  animals and goods other than those [F2 to which point (b) applies], 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;

  (b)

  plants, plant products and other objects [F3 as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031 that originate in a relevant third country, except where the goods are excluded goods], the frequencies established under [F4 regulations made under Article 54(3)];

• [F5 “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;]

• [F6 “excluded goods” means plants, plant products or other objects that originate in an EU Member State, Liechtenstein or Switzerland—

  (a)

  as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031, which enter Great Britain through a relevant port before 31st October 2024; or

  (b)

  that are listed in the table in Schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 that enter Great Britain before 31st October 2024.]

• [F7 “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;]

• ‘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 [F8 Article 47(1)(a) to (d)][F9 , except for the goods listed in Annex 7 which come from a corresponding country of origin];

• [F10 “relevant port” means any of the following seaports—

  (a)

  Ayr;

  (b)

  Barrow;

  (c)

  Barry;

  (d)

  Cardiff;

  (e)

  Cairnryan;

  (f)

  Ellesmere Port;

  (g)

  Fishguard;

  (h)

  Garston;

  (i)

  Greenock;

  (j)

  Heysham

  (k)

  Holyhead;

  (l)

  Lancaster;

  (m)

  Liverpool;

  (n)

  Mersey Wharf;

  (o)

  Newport;

  (p)

  Pembroke;

  (q)

  Port Talbot;

  (r)

  Royal Portbury (Bristol);

  (s)

  Seaforth Grain Terminal;

  (t)

  Silloth;

  (u)

  Workington.]

• ‘relevant third country’ means—

  (a)

  a territory subject to special transitional import arrangements; or

  (b)

  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—

  (i)

  have been presented to a member State border control post recognised by the appropriate authority; and

  (ii)

  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—

  (a)

  in relation to relevant goods falling within [F11 Article 47(1)(a), (b) or (d)]—

  (i)

  an EEA state;

  (ii)

  the Faroe Islands;

  (iii)

  Greenland;

  (iv)

  Switzerland; or

  (b)

  in relation to relevant goods falling within Article 47(1)(c)—

  (i)

  an EU member State;

  (ii)

  Liechtenstein;

  (iii)

  Switzerland;

• ‘the transitional staging period’ means the period beginning on IP completion day and ending on—

  (a)

  31st July 2021; or

  (b)

  such other date as the appropriate authority may by regulations appoint, being a date not earlier than 1st July 2021.

Textual Amendments

F2 Words in Annex 6 para. 2 substituted (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557), regs. 1(2), 4(2)(a)

F3 Words in Annex 6 para. 2 substituted (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557), regs. 1(2), 4(2)(b)

F4 Words 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)

F5 Words in Annex 6 para. 2 inserted (30.4.2024) by The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 4(2)(a) (with reg. 5)

F6 Words in Annex 6 para. 2 inserted (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557), regs. 1(2), 4(2)(c)

F7 Words in Annex 6 para. 2 inserted (30.4.2024) by The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 4(2)(b) (with reg. 5)

F8 Words 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)

F9 Words in Annex 6 para. 2 inserted (E.W.S.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 10(3)

F10 Words in Annex 6 para. 2 inserted (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557), regs. 1(2), 4(2)(d)

F11 Words 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

P1 Annex 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

3 Application and derogations from, and modifications to, these Regulations U.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.

[F13 2 The appropriate authority may by regulations amend Part 2 of this Annex.]]

Textual Amendments

F12 Annex 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)

F13 Annex 6 para. 3(2) inserted (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)