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[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 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—F2F3U.K.

Textual Amendments

[F45AIn 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 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).]

6In Article 47—

7In Article 48—

8In Article 49—

9In Article 50—

.

10[F5Articles 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—

“(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——

“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.

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 paragraph 5 of Schedule 5 to the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020);

(c)

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

4.

[F6From [F71st January 2022]][F6Subject 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)

[F8animal by-products not already covered by paragraph 3(b).]

4A.

[F9Paragraph 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; or

(b)

are imported into Great Britain from the Republic of Ireland where the condition in paragraph 4B is met.

4B.

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.]

4C.

[F10In 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.

[F11From 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.

[F12Paragraph 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), or

(b)

which are imported into Scotland from the Republic of Ireland where the condition in paragraph 6 is met.

6.

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.]

6A.

[F13In 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.

[F14From 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).”]

Textual Amendments

[F1513A]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

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.

[F1615.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:
Zea mays L.Other vegetables, fresh or chilled: Sweetcorn8

Leafy vegetables of Apium graveolens L., Eryngium

Tournier ex Linnaeus,

Limnophila R.Br. and Ocimum L.

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.Tomatoes, fresh or chilled.19
Other vegetables, of Solanaceae, fresh or chilled.
Other fruit, fresh or chilled.

Carica papaya L., Cydonia Mill., Fragaria L., Malus Mill., Persea americana Mill., Prunus L., Pyrus L., Ribes L., Rubus L., Syzygium Gaertn., Vaccinium L. and Vitis L.

Avocados, fresh or chilled.20
Grapes, fresh or chilled.

Papaws (papayas)

fresh or chilled.

Apples, pears and quinces, fresh or chilled.
Apricots, cherries, peaches (including nectarines), plums and sloes, fresh or chilled.
Strawberries, fresh or chilled.
Raspberries, blackberries and loganberries, fresh or chilled.
Black, white or red currants and gooseberries, fresh or chilled.
Cranberries, bilberries, and other fruit of the genus Vaccinium, fresh or chilled.
Other, fresh or chilled.

Textual Amendments