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- Original (As adopted by EU)
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance)
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Textual Amendments
F1Annex 1 omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 29(1) (with reg. 46)
Different control methods and techniques, such as inspection, verification, screening, targeted screening, sampling, and laboratory analysis, testing and diagnosis
Control procedures
The rules referred to in Article 1(2)
Assessment of non-compliance with the rules referred to in Article 1(2)
The hazards in the production, processing and distribution of animals and goods
The different stages of production, processing and distribution, and the possible risks to human health, and where appropriate to the health of animals and plants, to the welfare of animals, to the environment
The evaluation of the application of HACCP procedures and of good agricultural practices
Management systems such as quality assurance programmes that the operators manage and their assessment in so far as these are relevant for the requirements set out in the rules referred to in Article 1(2)
Official certification systems
Contingency arrangements for emergencies,F2...
Legal proceedings and implications of official controls
Examination of written, documentary material and other records, including those related to inter-laboratory comparative testing, accreditation and risk assessment, which may be relevant to the assessment of compliance with the rules referred to in Article 1(2); this may include financial and commercial aspects
Control procedures and requirements for entry into [F3Great Britain] of animals and goods arriving from third countries
Any other area necessary to ensure that official controls are performed in accordance with this Regulation
Textual Amendments
F2Words in Annex 2 Ch. 1 para. 10 omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 29(2)(a)(i) (with reg. 46)
F3Words in Annex 2 Ch. 1 para. 13 substituted (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(2)(a)(ii) (with reg. 46)
The organisation of the competent authorities and the relationship between central competent authorities and authorities to which they have conferred tasks to perform official controls or other official activities
The relationship between competent authorities and delegated bodies or natural persons to which they have delegated tasks related to official controls or other official activities
A statement on the objectives to be achieved
Tasks, responsibilities and duties of staff
Sampling procedures, control methods and techniques, including laboratory analysis, testing and diagnosis, interpretation of results and consequent decisions
Screening and targeted screening programmes
Mutual assistance in the event that official controls require more than one [F4competent authority] to take action
Action to be taken following official controls
Cooperation with other services and departments that may have relevant responsibilities or with operators
Verification of the appropriateness of methods of sampling and of laboratory analysis, testing and diagnosis
Any other activity or information required for the effective functioning of the official controls
Textual Amendments
F4Words in Annex 2 Ch. 2 para. 7 substituted (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(2)(b) (with reg. 46)
Methods of analysis and measurement results should be characterised by the following criteria:
accuracy (trueness and precision),
applicability (matrix and concentration range),
limit of detection,
limit of quantification,
precision,
repeatability,
reproducibility,
recovery,
selectivity,
sensitivity,
linearity,
measurement uncertainty,
other criteria that may be selected as required.
The precision values referred to in point 1(e) shall either be obtained from a collaborative trial which has been conducted in accordance with an internationally recognised protocol on collaborative trials (e.g. ISO 5725 ‘Accuracy (trueness and precision) of measurement methods and results’) or, where performance criteria for analytical methods have been established, be based on criteria compliance tests. The repeatability and reproducibility values shall be expressed in an internationally recognised form (e.g. the 95 % confidence intervals as defined by ISO 5725 ‘Accuracy (trueness and precision) of measurement methods and results’). The results from the collaborative trial shall be published or freely available.
Methods of analysis which are applicable uniformly to various groups of commodities should be given preference over methods which apply only to individual commodities.
In situations where methods of analysis can only be validated within a single laboratory, those methods should be validated in accordance with internationally accepted scientific protocols or guidelines or, where performance criteria for analytical methods have been established, be based on criteria compliance tests.
Methods of analysis adopted under this Regulation should be edited in the standard layout for methods of analysis recommended by the ISO.
Bovine animals, equidae, pigs, sheep, goats, poultry, rabbits and small game birds or ground game, wild boar and wild ruminants:
Textual Amendments
[F6Sterling equivalent of EUR] 55 per consignment, up to 6 tonnes, and
[F6Sterling equivalent of EUR] 9 per tonne, over 6 and up to 46 tonnes, or
[F6Sterling equivalent of EUR] 420 per consignment, over 46 tonnes.
Fishery products not in bulk:
Fishery products, transported as break bulk shipment:
[F6Sterling equivalent of EUR] 600 per vessel, with a cargo of fishery products up to 500 tonnes,
[F6Sterling equivalent of EUR] 1 200 per vessel, with a cargo of fishery products over 500 and up to 1 000 tonnes,
[F6Sterling equivalent of EUR] 2 400 per vessel, with a cargo of fishery products over 1 000 and up to 2 000 tonnes,
[F6Sterling equivalent of EUR] 3 600 per vessel, with a cargo of fishery products of more than 2 000 tonnes.
Other products of animal origin for human consumption not in bulk;
Other products of animal origin for human consumption transported as break bulk shipment:
[F6Sterling equivalent of EUR] 600 per vessel, with a cargo of products up to 500 tonnes,
[F6Sterling equivalent of EUR] 1 200 per vessel, with a cargo of products over 500 and up to 1 000 tonnes,
[F6Sterling equivalent of EUR] 2 400 per vessel, with a cargo of products over 1 000 and up to 2 000 tonnes,
[F6Sterling equivalent of EUR] 3 600 per vessel, with a cargo products of more than 2 000 tonnes.
Consignment of animal by-product and feed of animal origin transported not in bulk:
Animal by-products and feed of animal origin, transported as break bulk shipment:
[F6Sterling equivalent of EUR] 600 per vessel, with a cargo of products up to 500 tonnes,
[F6Sterling equivalent of EUR] 1 200 per vessel, with a cargo of products over 500 and up to 1 000 tonnes,
[F6Sterling equivalent of EUR] 2 400 per vessel, with a cargo of products over 1 000 and up to 2 000 tonnes,
[F6Sterling equivalent of EUR] 3 600 per vessel, with a cargo products of more than 2 000 tonnes.
[F6Sterling equivalent of EUR] 30 for consignment increased by [F6Sterling equivalent of EUR] 20 per quarter of an hour for every member of staff involved in the controls.
For documentary checks: [F6Sterling equivalent of EUR] 7 per consignment.
For identity checks:
For plant health checks, in accordance with the following specifications:
cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables:
shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed):
bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes):
seeds, tissue cultures:
other plants intended for planting, not specified elsewhere in this point:
cut flowers:
branches with foliage, parts of conifers (other than cut Christmas trees):
cut Christmas trees:
leaves of plants, such as herbs, spices and leafy vegetables:
fruits, vegetables (other than leafy vegetables):
tubers of potatoes:
wood (other than bark):
soil and growing medium, bark:
grain:
other plants or plant products not specified elsewhere in this point:
[F6Sterling equivalent of EUR] 17,5 per consignment.
Where a consignment does not consist exclusively of products coming under the description of the relevant indent, those parts thereof consisting of products coming under the description of the relevant indent (lot or lots) shall be treated as a separate consignment.
Textual Amendments
F5Words in Annex 4 Ch. 1 heading substituted (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(3)(a) (with reg. 46)
Beef meat:
solipeds/equidae meat: 3 [F6Sterling equivalent of EUR]/animal,
pigmeat: animals of a carcass weight:
sheepmeat and goatmeat: animals of a carcass weight:
poultry meat:
poultry of genus Gallus and guinea fowl: 0,005 [F6Sterling equivalent of EUR]/animal,
ducks and geese: 0,01 [F6Sterling equivalent of EUR]/animal,
turkeys: 0,025 [F6Sterling equivalent of EUR]/animal,
farmed rabbit meat: 0,005 [F6Sterling equivalent of EUR]/animal,
quails and partridges: 0,002 [F6Sterling equivalent of EUR]/animal.
Per tonne of meat:
First placing on the market of fishery and aquaculture products:
First sale in fish market
Regulation (EC) No 882/2004 | This Regulation |
---|---|
Article 1(1), first subparagraph | Article 1(1) |
Article 1(1), second subparagraph | Article 1(2) |
Article 1(2) | Article 1(4) |
Article 1(3) | — |
Article 1(4) | — |
Article 2 | Article 3 |
Article 3(1) | Article 9(1) |
Article 3(2) | Article 9(4) |
Article 3(3) | Article 10 |
Article 3(4) | Article 9(6) |
Article 3(5) | Article 9(6) |
Article 3(6) | Article 9(7) |
Article 3(7) | — |
Article 4(1) | Article 4(1) |
Article 4(2) | Article 5(1)(a), (c), (d), (e), (f), (g) and (i) |
Article 4(3) | Article 4(2) |
Article 4(4) | Article 5(1)(b) |
Article 4(5) | Article 5(5) |
Article 4(6) | Article 6(1) |
Article 4(7) | — |
Article 5(1), first subparagraph | Article 28(1) |
Article 5(1), second subparagraph | — |
Article 5(1), third subparagraph | Article 31(3) |
Article 5(2)(a), (b), (c) and (f) | Article 29 |
Article 5(2)(d) | — |
Article 5(2)(e) | Article 32 |
Article 5(3) | Article 33 |
Article 5(4) | — |
Article 6 | Article 5(4) |
Article 7(1), first subparagraph | Article 11(1), first subparagraph |
Article 7(1), second subparagraph, point (a) | Article 11(1), second subparagraph |
Article 7(1), second subparagraph, point (b) | — |
Article 7(2), first sentence | Article 8(1) |
Article 7(2), second sentence | — |
Article 7(2), third sentence | — |
Article 7(3) | Article 8 (3) |
Article 8(1) | Article 12(1) |
Article 8(2) | Article 5(1)(h) |
Article 8(3)(a) | Article 12(2) |
Article 8(3)(b) | Article 12(3) |
Article 8(4) | — |
Article 9(1) | Article 13(1), first subparagraph |
Article 9(2) | Article 13(1), second subparagraph |
Article 9(3) | Article 13(2) |
Article 10 | Article 14 |
Article 11(1) | Article 34(1) and (2) |
Article 11(2) | — |
Article 11(3) | Article 34(4) |
Article 11(4) | Article 34(6) |
Article 11(5) | Article 35(1) |
Article 11(6) | Article 35(2) |
Article 11(7) | Article 34(5) |
Article 12(1) | Article 37(1) |
Article 12(2) | Article 37(4)(e) |
Article 12(3) | Article 37(5)(c) |
Article 12(4) | Article 39(2) |
Article 13 | Article 115 |
Article 14(1) | — |
Article 14(2) | Article 45(3) |
Article 14(3) | — |
Article 15(1) | Article 44(1), first sentence |
Article 15(2) | Article 44(3) and (5) |
Article 15(3) | Article 44(3) and (5) |
Article 15(4) | — |
Article 15(5) | Article 47(1)(d) and (2)(b) and Article 54(4), first sentence |
Article 16(1) | Article 45(1) |
Article 16(2) | Article 44(2) |
Article 16(3), first sentence | Article 45(2) |
Article 16(3), second sentence | Article 34(5) |
Article 17(1), first indent | Article 59(1) |
Article 17(1), second indent | Article 56(1), (3)(a) and (4) and Article 58 |
Article 17(2) | — |
Article 18 | Article 65(1), (2) and (3) |
Article 19(1) | Article 66(1) and (3) |
Article 19(2)(a) | Article 67 |
Article 19(2)(b) | Article 66(6) |
Article 19(3) | Article 66(5) |
Article 19(4) | Article 7 |
Article 20 | Article 71 |
Article 21(1) | Article 72(1) |
Article 21(2) | Article 69 |
Article 21(3) | Article 66(1) |
Article 21(4) | Article 66(5) |
Article 22 | Article 66(7), 67, last sentence, and Article 69(4) |
Article 23(1) | Article 73(1) |
Article 23(2) | Article 73(2) and 74 |
Article 23(3) | Article 73(3) |
Article 23(4) | Article 73(2) |
Article 23(5) | Article 73(4)(a) |
Article 23(6) | Article 73(2)(c) and (4)(b) |
Article 23(7) | Article 74 |
Article 23(8) | Article 74 |
Article 24(1) | Article 75(1) |
Article 24(2) | Article 57 |
Article 24(3) | Article 46 |
Article 24(4) | Article 76 |
Article 25(1) | — |
Article 25(2)(a) | — |
Article 25(2)(b) | Article 77(1)(c) |
Article 25(2)(c) | Article 77(1)(f) |
Article 25(2)(d) | Article 48(c) and (d) and Article 77(1)(e) and (k) |
Article 25(2)(e) | — |
Article 25(2)(f) | Article 70 |
Article 25(2)(g) | Article 77(1)(h) |
Article 25(2)(h) | Article 46(2)(b) |
Article 26 | Article 78(1) |
Article 27(1) | Article 80 |
Article 27(2) | Article 79 |
Article 27(3) | — |
Article 27(4) | Article 79(1) |
Article 27(5) | — |
Article 27(6) | — |
Article 27(7) | — |
Article 27(8) | Article 84(2) |
Article 27(9) | Article 83(2) |
Article 27(10) | — |
Article 27(11) | Article 84(1) |
Article 27(12), first sentence | Article 85 |
Article 27(12), second sentence | — |
Article 28 | — |
Article 29 | — |
Article 30(1)(a) | Article 87 |
Article 30(1)(b) | Article 90(a) |
Article 30(1) (c) | Article 88(2) |
Article 30(1)(d) | Article 90(b) and (f) |
Article 30(1)(e) | Article 90(c) |
Article 30(1)(f) | Article 90(d) |
Article 30(1)(g) | Article 90(e) |
Article 30(2)(a) | Article 89(1)(f) |
Article 30(2)(b) | Article 89(1)(d) |
Article 30(3) | — |
Article 31 | — |
Article 32(1)(a) | Article 94(2)(a) |
Article 32(1)(b) | Article 94(2)(c) |
Article 32(1)(c) | Article 94(2)(d) |
Article 32(1)(d) | Article 94(2)(e) |
Article 32(1)(e) | Article 94(2)(f) |
Article 32(1)(f) | Article 94(2)(h) |
Article 32(2)(a) | Article 94(2)(a), (c) and (d) |
Article 32(2)(b) | Article 94(2)(i) |
Article 32(2)(c) | Article 94(2)(e) |
Article 32(2)(d) | Article 94(2)(h) |
Article 32(2)(e) | Article 94(2)(e) |
Article 32(3) | Article 93(3)(a) |
Article 32(4)(a) | Article 93(3)(c) |
Article 32(4)(b) | Article 93(3)(d) |
Article 32(4)(c) | Article 93(3)(d) |
Article 32(4)(d) | Article 8 |
Article 32(4)(e) | Article 93(3)(e) |
Article 32(4)(f) | Article 94(2)(k)(iii) |
Article 32(4)(g) | Article 93(3)(e) |
Article 32(4)(h) | Article 93(3)(f) |
Article 32(5) | Article 99(1) |
Article 32(6) | Article 99(2) |
Article 32(7) | — |
Article 32(8), first sentence | Article 99(3) |
Article 32(8), second sentence | Article 99(4) |
Article 32(9) | — |
Article 33(1) | Article 100(1) |
Article 33(2) | Article 101(1) |
Article 33(3) | Article 100(2) |
Article 33(4) | Article 100(4) |
Article 33(5) | Article 100(5) |
Article 33(6) | Article 101(2) |
Article 33(7) | — |
Article 34(1) | Article 102(1) |
Article 34(2) | Article 102(1) and (2) |
Article 34(3) | Article 102(3) |
Article 35(1) | Article 103(1) |
Article 35(2) | Article 103(3) |
Article 35(3) | Article 103(2) |
Article 35(4) | — |
Article 36(1) | Article 104(1)(c) |
Article 36(2), first sentence | — |
Article 36(2), second sentence | Article 104(2) |
Article 36(3), first subparagraph | Article 104(3), first sentence |
Article 36(3), second subparagraph | — |
Article 36(3), third subparagraph, first sentence | Article 104(3)(c) |
Article 36(3), third subparagraph, second sentence | Article 104(3)(b) |
Article 36(4) | Article 104(3)(a) |
Article 37(1) | Article 105(1) |
Article 37(2) | Article 105(2) |
Article 38(1) | Article 106(1) |
Article 38(2) | Article 106(2)(c) |
Article 38(3) | Article 106(3) |
Article 39(1) | Article 107(1) |
Article 39(2) | Article 107(2) |
Article 40(1) | Article 108(1) |
Article 40(2) | — |
Article 40(3) | Article 108(2) |
Article 40(4) | — |
Article 41 | Article 109(1) |
Article 42(1)(a) | — |
Article 42(1)(b) | Article 111(2) |
Article 42(1)(c) | Article 111(3) |
Article 42(2) | Article 110(2) |
Article 42(3) | Article 111(2) |
Article 43(1), first sentence | — |
Article 43(1), second sentence | — |
Article 43(1)(a) | — |
Article 43(1)(b) | — |
Article 43(1)(c) | — |
Article 43(1)(d) to (j) | — |
Article 43(1)(k) | — |
Article 43(2) | — |
Article 44(1) | Article 113(1) |
Article 44(2) | — |
Article 44(3) | Article 113(1) |
Article 44(4), first subparagraph, first sentence | Article 114(1) |
Article 44(4), first subparagraph, second sentence | Article 114(2) |
Article 44(5) | — |
Article 44(6) | Article 114(1) |
Article 45(1) | Article 116(1)(2) and (4) |
Article 45(2) | Article 116(3) |
Article 45(3) | Article 117 |
Article 45(4) | Article 118 |
Article 45(5) | Article 119 |
Article 45(6) | — |
Article 46(1), first sentence | Article 120(1) |
Article 46(1), second sentence | Article 120(4) |
Article 46(1), third sentence | Article 120(2) |
Article 46(2) | Article 120(3) |
Article 46(3) | Article 121 |
Article 46(4) | — |
Article 46(5) | — |
Article 46(6) | Article 122 |
Article 46(7) | Article 123 |
Article 47(1) | Article 125(1)(a) to (e) |
Article 47(2) | Article 125(2) |
Article 47(3) | Article 125(1)(f) and (g) |
Article 47(4) | — |
Article 47(5) | — |
Article 48(1) | Article 126(1) |
Article 48(2) | Article 126(2) |
Article 48(3) | Article 127(1) and (2) |
Article 48(4) | Article 127(3) |
Article 48(5), first sentence | Article 127(3)(f) |
Article 48(5), second and third sentence | — |
Article 49 | Article 129 |
Article 50 | — |
Article 51(1) | Article 130(1) and (2) |
Article 51(2) | Article 130(3) |
Article 51(3) | — |
Article 52 | Article 124 |
Article 53 | Article 112 |
Article 54(1) | Article 138(1) |
Article 54(2) | Article 138(2) |
Article 54(3) | Article 138(3) |
Article 54(4) | Article 105(1) |
Article 54(5) | Article 138(4) |
Article 55(1) | Article 139(1) |
Article 55(2) | Article 139(1) |
Article 56(1) | Article 141(1) |
Article 56(2)(a) | — |
Article 56(2)(b) | Article 141(2) |
Articles 57 to 61 | — |
Article 62 | Article 145 |
Article 63(1) | — |
Article 63(2) | Article 25 |
Article 64, first subparagraph | Article 142(1) |
Article 64, point (1) | Article 142(1) |
Article 64, point (2) | Article 142(2) |
Article 65 | — |
Article 66 | — |
Article 67 | — |
Annex I | Annex I |
Annex II | Annex II |
Annex III | Annex III |
Annex IV | — |
Annex V | — |
Annex VI | Article 81 and 82(2) |
Annex VII | — |
Annex VIII | — |
Directive 96/23/EC | This Regulation |
---|---|
Article 1 | — |
Article 2(a) | Article 19 |
Article 2(b) | — |
Article 2(c) | Article 19 |
Article 2(d) | Article 3(3) |
Article 2(e) | Article 19 |
Article 2(f) | Article 37(1) |
Article 2(g) | — |
Article 2(h) | Article 19 |
Article 2(i) | — |
Article 3 | Article 9(1) and (2), Article 19, Article 109(1) and Article 112 |
Article 4(1) | Article 4(1) |
Article 4(2) | Article 4(2)(a), Article 109(2) and Article 113 |
Article 4(3) | — |
Article 5 | Article 111(2) and (3), Article 113(1)(a) and Article 110(2) |
Article 6 | Article 19(2)(a) and (b) |
Article 7 | Article 110(2) |
Article 8(1) | — |
Article 8(2) | — |
Article 8(3), (4) and (5) | Articles 11, 113 and 114 |
Article 9(A) | — |
Article 9(B) | — |
Article 10 | Article 15 |
Article 11(1) and (2) | Articles 9 and 10 |
Article 11(3) | Article 19(2)(c) and Articles 137 and 138 |
Article 12, first paragraph | Article 9(4) |
Article 12, second paragraph | Article 15 |
Article 13 | Article 19(2)(c) and Articles 137 and 138 |
Article 14(1) | Articles 100 and 101 |
Article 14(2) | Article 93 |
Article 15(1), first subparagraph | Article 19(2)(a) and (b) |
Article 15(1), second subparagraph | Article 34(6) |
Article 15(1), third subparagraph | — |
Article 15(2), first subparagraph | Article 34(6) |
Article 15(2), second subparagraph | Article 35(3) |
Article 15(3) first, second and third subparagraphs | Article 19(2)(c) and Article 138 |
Article 15(3), fourth subparagraph | Articles 65 to 72 |
Article 16(1) | Articles 105(1) and 108(1) and Article 138 |
Article 16(2) and (3) | Article 19(2)(c) and Article 138 |
Article 17 | Article 19(2)(c) and Article 138 |
Article 18 | Article 19(2)(c) and Article 138 |
Article 19 | Article 138(4) |
Article 20(1) | Articles 102 to 108 |
Article 20(2), first subparagraph | Article 106(1) and (2) |
Article 20(2), second subparagraph | Article 106(3) |
Article 20(2), third and fourth subparagraphs | Article 108(1) |
Article 20(2), fifth and sixth subparagraphs | Article 108(2) |
Article 21 | Articles 116, 117 and 119 |
Article 22 | Article 137 |
Article 23 | Article 19(2)(c) and Article 138 |
Article 24(1) and (2) | Articles 18(2)(d) and 19(2)(c) and Articles 137 and 138 |
Article 24(3) | Articles 18(2)(d) and 19(2)(c) and Article 138 |
Article 25 | Article 19(2)(c) and Article 138(2) |
Article 26 | Article 7 |
Article 27 | Article 139 |
Article 28 | Article 139 |
Article 29(1) and (2) | Articles 125, 126, 127 and 129 |
Article 29(3) | Articles 47 to 64 |
Article 29(4) | Article 113(1) |
Article 30(1) and (2) | Articles 65 to 72 |
Article 30(3) | Article 129(3) |
Article 31 | Articles 78 to 85 |
Article 33 | Article 145 |
Article 34 | Article 19(2)(a) and (b) |
Article 35 | — |
Article 36 | — |
Article 37 | — |
Article 38 | — |
Article 39 | — |
Annex I | Article 19(2)(a) and (b) |
Annex II | Article 19(2)(a) and (b) |
Annex III | Article 19(2)(a) and (b) |
Annex IV | Article 19(2)(a) and (b) |
Directive 89/662/EEC | This Regulation |
---|---|
Article 1 | — |
Article 2(1), (2) and (3) | — |
Article 2(4) | Article 3(3) |
Article 2(5) | Article 3(32) |
Article 3(1), first and second subparagraphs | — |
Article 3(1), third subparagraph | Article 9(1) |
Article 3(1), fourth subparagraph | Article 137(2) and (3) and Article 138 |
Article 3(2) | — |
Article 3(3) | — |
Article 4(1), first sentence | Article 9(1), Articles 10, 137 and 138 |
Article 4(1), first indent | Article 9(6)(a) |
Article 4(1), second indent | — |
Article 4(2) | Article 139 |
Article 5(1)(a), first subparagraph | Article 9 |
Article 5(1)(a), second subparagraph | Article 137(2) and (3) |
Article 5(1)(b) | — |
Article 5(2) | — |
Article 5(3)(a), (b) and (d) | — |
Article 5(3)(c) | Article 9(7) |
Article 5(4) and (5) | — |
Article 6(1) | Article 49 |
Article 6(2) | — |
Article 7(1) | Articles 102 to 108 and Article 138 |
Article 7(2) | — |
Article 8(1) | Articles 102 to 108 |
Article 8(2) | Article 7 and Article 138(3) |
Article 8(3) | Article 138(4) |
Article 9 | — |
Article 10 | Article 4(1) |
Article 11 | Articles 10, 14 and 15 |
Article 12 | — |
Article 13 | — |
Article 14 | — |
Article 15 | — |
Article 16(1) | Article 113(1) |
Article 16(2) | — |
Article 16(3) | Article 113(2) |
Article 17 | Article 145 |
Article 18 | Article 145 |
Article 19 | — |
Article 20 | — |
Article 22 | — |
Article 23 | — |
Annex A | — |
Annex B | — |
Directive 90/425/EEC | This Regulation |
---|---|
Article 1 | — |
Article 2(1) to (5) | — |
Article 2(6) | Article 3(3) |
Article 2(7) | Article 3(32) |
Article 3(1) and (2) | — |
Article 3(3) | Article 9, Article 137(2) and (3) and Article 138 |
Article 3(4) | — |
Article 4(1) | Article 9 |
Article 4(2) | — |
Article 4(3) | Article 139 |
Article 5(1)(a), first subparagraph | Article 9 |
Article 5(1)(a), second subparagraph | Article 137(2) and (3) |
Article 5(1)b(i), first subparagraph | — |
Article 5(1)(b)(i), second subparagraph | Article 9 |
Article 5(1)(b)(ii), (iii) and (iv) | — |
Article 5(2)(a), first subparagraph | Article 9(7) |
Article 5(2)(a), second and third subparagraphs | — |
Article 5(2)(b) | — |
Article 5(3) | — |
Article 6 | — |
Article 7(1) | Article 49 |
Article 7(2) | — |
Article 8(1) | Articles 102 to 108 and Article 138 |
Article 8(2) | — |
Article 9(1) | Articles 102 to 108 |
Article 9(2) | Articles 7 and 138(3) |
Article 9(3) | Article 138(4) |
Article 9(4) | — |
Article 10 | — |
Article 11 | Article 4(1) |
Article 12 | — |
Article 13 | Articles 10, 14 and 15 |
Article 14 | — |
Article 15 | — |
Article 16 | — |
Article 17 | Article 145 |
Article 18 | Article 145 |
Article 19 | Article 145 |
Article 20 | Articles 131, 132, 133 and 134 |
Article 21 | — |
Article 22(1) | Article 113(1) |
Article 22(2) | — |
Article 22(3) | Article 113(2) |
Article 23 | — |
Article 24 | — |
Article 26 | — |
Article 27 | — |
Annex A | — |
Annex B | — |
Annex C | — |
Directive 97/78/EC | This Regulation |
---|---|
Article 1 | — |
Article 2 | Article 3 |
Article 2(2)(a) | Article 3(19) |
Article 2(2)(b) | Article 3(41) |
Article 2(2)(c) | Article 3(42) |
Article 2(2)(d) | Article 3(43) |
Article 2(2)(e) | — |
Article 2(2)(f) | Article 3(37) |
Article 2(2)(g) | Article 3(38) |
Article 2(2)(h) | — |
Article 2(2)(i) | — |
Article 2(2)(j) | — |
Article 2(2)(k) | Article 3(3) |
Article 3(1) and (2) | Article 47(1) |
Article 3(3) | Article 15 and Article 56(1) and (3) |
Article 3(4) | Article 57 |
Article 3(5) | Article 47(2) and (3) and Article 58 |
Article 4(1) | Article 49(2) |
Article 4(2) | — |
Article 4(3) and (4) | Article 49(1), (2) and (3) and Article 52 |
Article 4(5) | Article 52 |
Article 5(1) | Article 56(3)(b) and (4) |
Article 5(2) | Article 50(4) |
Article 5(3) | Article 50(2) and (3) |
Article 5(4) | Article 58 |
Article 6(1)(a), first paragraph | Article 64(1) |
Article 6(1)(a), second paragraph | Article 64(2) |
Article 6(1)(b) | — |
Article 6(2) | Articles 59 and 62 |
Article 6(3) | Article 63 |
Article 6(4) | Article 60(1) and Article 63(3) |
Article 6(5) | — |
Article 6(6) | Articles 60(2), 62(3), 63(5) and Article 64(2) and(4) |
Article 7(1) | Article 50(1) |
Article 7(2) | Article 49(1), (2) and (3) and Article 52 |
Article 7(3) | Article 57 |
Article 7(4) | Article 50(2), Article 55 and Article 56(4) |
Article 7(5) | — |
Article 7(6) | Articles 52 and 58 |
Article 8(1) | — |
Article 8(2) | Article 77(1)(b) |
Article 8(3), (4), (5), (6), (7) | Article 77(2) |
Article 9 | Article 51(1)(b) and (c) |
Article 10(1), (2), (4) | Article 54(2) |
Article 10(3) | — |
Article 11 | Article 51(1)(d) |
Article 12 | Articles 48(h) and 77(1)(k) |
Article 13 | Article 77(1)(c) |
Article 14 | — |
Article 15 | Article 77(1)(h) |
Article 16(1)(a) | Article 48(d) |
Article 16(1)(b) | Article 48(e) |
Article 16(1)(c) | Article 48(c) |
Article 16(1)(d) | Article 48(g) |
Article 16(1)(e) | Article 48(a) |
Article 16(1)(f) | Article 48(b) |
Article 16(2) | — |
Article 16(3) | — |
Article 16(4) | Article 77(1)(c) and (f) |
Article 17(1) | Article 66(3) |
Article 17(2) | Article 66(1), (2) and (3) |
Article 17(2)(a) | Article 66(3)(b) and Articles 69 and 72 |
Article 17(2)(a), first indent | — |
Article 17(2)(a), second indent | Article 68(1)(a) |
Article 17(2)(b) | Article 69 |
Article 17(3) | Article 65(4), (5) and (6) |
Article 17(4) | — |
Article 17(5) | Articles 66(7) and 69(4) |
Article 17(6) | — |
Article 17(7) | Article 65(6), Article 70 and Article 71(3) |
Article 18 | Article 64(2) |
Article 19(1) | Article 77(1)(g) |
Article 19(2) | Article 77(1)(a) |
Article 19(3) | Article 64(3)(a) and (4) |
Article 20(1) | Article 65 |
Article 20(2) | — |
Article 22(1) | — |
Article 22(2) | Article 67 |
Article 22(3) | — |
Article 22(4) | — |
Article 22(5) | — |
Article 22(6) | — |
Article 22(7) | — |
Article 24 | Article 65(4), (5) and (6) |
Article 24(3) | Articles 73 and 129 |
Article 25(1) | Articles 102 to 108 |
Article 25(2) | Article 7 |
Article 25(3) | — |
Article 26 | Article 130(5) and (6) |
Article 27 | Article 5(4) and Article 130(1) and (6) |
Article 28 | — |
Article 29 | — |
Article 30 | — |
Article 31 | — |
Article 32 | — |
Article 33 | — |
Article 34 | — |
Article 35 | — |
Article 36 | — |
Annex I | Annex I |
Annex II | Article 64 |
Annex III | Article 52 |
Directive 91/496/EEC | This Regulation |
---|---|
Article 1 | — |
Article 2(1) | — |
Article 2(2)(a) | Article 3(41) |
Article 2(2)(b) | Article 3(42) |
Article 2(2)(c) | Article 3(43) |
Article 2(2)(d) | — |
Article 2(2)(e) | Article 3(37) |
Article 2(2)(f) | Article 3(38) |
Article 3(1)(a) | Article 56(1) and (3)(a) and Article 58(b) |
Article 3(1)(b) | Articles 47(1) and 66(2) |
Article 3(1)(c)(i) | Article 56(3)(b) and (5) and Article 57 |
Article 3(1)(c)(ii) | Article 79(1) |
Article 3(1)(d) | Article 57 |
Article 3(2) | — |
Article 4(1) | Article 49(1) and Article 52 |
Article 4(2) | Articles 49(1), (2) and (3) and Article 52 |
Article 4(3) | Article 51(1)(c) |
Article 4(4) | Article 79(1) |
Article 4(5) | Articles 5(4) and 51(1)(c) and Article 52 |
Article 5 | Article 55, Article 56(3)(b) and (5), Article 57, Article 58(a) and Article 66(1) |
Article 6(1) | — |
Article 6(2)(a) | Article 64(1) and (2) |
Article 6(2)(b) | Article 64(1) |
Article 6(2)(c) | Article 59 |
Article 6(2)(d) | Article 64(3)(a) and (4) |
Article 6(3) | Article 60 |
Article 6(3)(a) | Article 60(1)(c) |
Article 6(3)(b) | Article 60(1)(c) |
Article 6(3)(c) | Articles 59(2) and 64(3) |
Article 6(3)(d) | — |
Article 6(3)(e) | Articles 59(2) and 64(3) |
Article 6(3)(f) | Articles 59(2) and 64(3) |
Article 6(3)(g) | — |
Article 6(4) | Article 59 and Article 60(1) |
Article 6(5) | Article 60(2) |
Article 7(1), first indent | Article 50(2) |
Article 7(1), second indent | Article 56(3)(b) and (5) and Article 58 |
Article 7(1), third indent | Article 50(1) |
Article 7(2) | Article 58 |
Article 7(3) | — |
Article 8 | Article 53(1)(b) |
Article 9 | Article 51(1)(d) |
Article 10 | Article 66(2) |
Article 11(1) | Article 65 |
Article 11(2) | — |
Article 12(1) | Articles 66, 68 and 69 |
Article 12(2) | Article 66(3) and Article 9 |
Article 12(3) | Articles 70 and Articles 71(3) and 72(3) |
Article 12(4) | — |
Article 12(5) | — |
Article 13 | Article 64(2) |
Article 14 | — |
Article 15 | Article 79(1) |
Article 16 | Article 54 |
Article 17 | Article 7 |
Article 17a | — |
Article 18(1) | — |
Article 18(2) | Article 67 |
Article 18(3) | — |
Article 18(4) | — |
Article 18(5) | — |
Article 18(6) | — |
Article 18(7) | — |
Article 18(8) | — |
Article 19 | Articles 116 and 117 |
Article 20 | Articles 102 to 108 |
Article 21 | Article 130(5) and (6) |
Article 22 | — |
Article 23 | — |
Article 24 | — |
Article 25 | — |
Article 26 | — |
Article 27 | — |
Article 28 | — |
Article 29 | — |
Article 30 | — |
Article 31 | — |
Annex A | Article 64 |
Annex B | Article 66(2) |
Directive 96/93/EC | This Regulation |
---|---|
Article 1 | — |
Article 2(1), first subparagraph | — |
Article 2(1), second subparagraph | Article 3(26) |
Article 2(2) | Article 3 |
Article 3(1) | Article 88(2)(b) |
Article 3(2) | Article 88(3)(a) and (b) |
Article 3(3) | Article 89(1)(b) |
Article 3(4) | Article 88(3)(b) |
Article 3(5) | Article 90 |
Article 4(1) | Articles 88(2)(a) and 89(2) |
Article 4(2) | Article 89(1)(c) |
Article 4(3) | Article 89(1)(e) |
Article 5 | Article 89(2) |
Article 6 | Article 129 |
Article 7 | Article 145 |
Article 8 | — |
Article 9 | — |
Article 10 | — |
Directive 89/608/EEC | This Regulation |
---|---|
Article 1 | — |
Article 2 | — |
Article 3 | Articles 102 to 108 |
Article 4 | Articles 102 to 108 |
Article 5 | Articles 102 to 108 |
Article 6 | Articles 102 to 108 |
Article 7 | Articles 102 to 108 |
Article 8 | Articles 102 to 108 |
Article 9 | Articles 102 to 108 |
Article 10 | Article 8 and Articles 102 to 108 |
Article 11 | — |
Article 12 | Articles 102 to 108 |
Article 13 | — |
Article 14 | — |
Article 15 | Article 8 and Articles 102 to 108 |
Article 16 | — |
Article 17 | — |
Article 18 | — |
Article 19 | — |
Article 20 | — |
Decision 92/438/EEC | This Regulation |
---|---|
Article 1 | Articles 131 to 136 |
Article 2 | — |
Article 3 | Articles 131 to 136 |
Article 4 | Articles 131 to 136 |
Article 5 | Articles 131 to 136 |
Article 6 | Article 64(3)(f) |
Article 7 | — |
Article 8 | — |
Article 9 | — |
Article 10 | — |
Article 11 | — |
Article 12 | — |
Article 13 | — |
Article 14 | — |
Article 15 | — |
Annex I | Articles 131 to 136 |
Annex II | Articles 131 to 136 |
Annex III | Articles 131 to 136 |
Regulation (EC) No 854/2004 | This Regulation |
---|---|
Article 1(1) | Article 1(2)(a) |
Article 1(1a) | — |
Article 1(2) | — |
Article 1(3) | — |
Article 2(1)(c) | Article 3(3) |
Article 2(1)(f) | Article 3(32) |
Article 2(1)(g) | — |
Article 2(1)(h) | Article 3(49) |
Article 2(1)(i) | — |
Article 2(2) | — |
Article 3 | Article 148 |
Article 4(1) | Article 15(1) and (2) |
Article 4(2) | Article 18(1) |
Article 4(3) | Article 18 |
Article 4(4) | Article 18(2)(d) and (8)(a) |
Article 4(5) | Article 18(2)(d) and (8)(a) |
Article 4(6) | — |
Article 4(7) | Article 17(a) and (b) and Article 18(2)(d) and (5) |
Article 4(8) | Article 9(1) and Article 18(8)(a) |
Article 4(9) | Article 9(1) and Article 18(8)(a) |
Article 5 (1) | Article 17, Article 18(1) and (2), Article 18(7)(a) and (b) and Article 18(8)(a) and (d) |
Article 5(2) | Article 17(a) and (b), Article 18(4), (5) and (8)(e) |
Article 5(3) | Article 18(8)(c) and Article 138 |
Article 5(4) | Article 17(a) and (b) and Article 18(5), (7)(a), (b), (e) and (j) and (8)(a) and (d) |
Article 5(5) | Article 5(1)(e), (g) and (h) |
Article 5(6) | Article 18(3), (4) and (7)(k) |
Article 5(7) | Article 18(7)(j) |
Article 6 | Article 18(6), (7)(g) and (8)(b) |
Article 7 | Article 18(8)(a) |
Article 8 | Article 18(8)(a) |
Article 10 | — |
Article 11 | Articles 126 and 127 |
Article 12 | Article 126 |
Article 13 | Article 126 and 127 |
Article 14 | Article 126 |
Article 15(1) | Article 18(1) and (8)(a) |
Article 15(2) | Article 126 |
Article 15(3) | Article 18(8)(a) |
Article 15(4) | Article 18(8)(a) |
Article 16, first paragraph | Article 18(7) |
Article 16, second paragraph | Article 18(8) |
Article 17(1) | Article 18(7) and (8) |
Article 17(2) | Article 18(7) |
Article 17(3) to (7), with the exception of cases referred to in (4)(a)(iii) | — |
Article 17(3) to (8) applicable to cases referred to in (4)(a)(iii) | Article 18(9) |
Article 18 | Article 18(7) and (8) |
Article 19 | Article 145 |
Article 20 | — |
Article 21(1) | Article 114 |
Article 22 | Article 167 |
Annex I | Article 17, Article 18(1), (2), (3), (4), (7)(a), (b), (c), (d), (f), (k) and (j); (8)(a), (c), (d) and (e) |
Annex II | Article 18(1), (6), (7)(g), (8)(a) and (b) |
Annex III | Article 18(1) and (8)(a) |
Annex IV | Article 18(1) and (8)(a) and (f) |
Annex V | Article 126 |
Annex VI | Article 126 |
Article 168
Textual Amendments
F7Annex 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 [F8to 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;
plants, plant products and other objects [F9as 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 [F10regulations made under Article 54(3)];
[F11“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;]
[F12“excluded goods” means plants, plant products or other objects that originate in an EU Member State, Liechtenstein or Switzerland—
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
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.]
[F13“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 [F14Article 47(1)(a) to (d)][F15, except for the goods listed in Annex 7 which come from a corresponding country of origin];
[F16“relevant port” means any of the following seaports—
Ayr;
Barrow;
Barry;
Cardiff;
Cairnryan;
Ellesmere Port;
Fishguard;
Garston;
Greenock;
Heysham
Holyhead;
Lancaster;
Liverpool;
Mersey Wharf;
Newport;
Pembroke;
Port Talbot;
Royal Portbury (Bristol);
Seaforth Grain Terminal;
Silloth;
Workington.]
‘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 [F17Article 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
F8Words 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)
F9Words 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)
F10Words 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)
F11Words 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)
F12Words 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)
F13Words 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)
F14Words 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)
F15Words 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)
F16Words 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)
F17Words 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: 31.1.2025 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
[F18 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.
[F192The appropriate authority may by regulations amend Part 2 of this Annex.]
Textual Amendments
F18Annex 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)
“1A[F20Subject 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.
[F211B 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.]
[F221C The competent authorities must perform identity checks and physical checks on consignments consisting of plants, plant products and other objects [F23as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031] at the appropriate frequency rate.]
[F241DParagraph 1C does not apply in respect of excluded goods.”]
Textual Amendments
F20Words 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)
F21Words in Annex 6 para. 5 substituted (30.4.2024) by The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 4(3)(a) (with reg. 5)
F22Words 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)
F23Words in Annex 6 para. 5 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(3)(a)
F24Words in Annex 6 para. 5 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(3)(b)
Textual Amendments
F25Annex 6 paras. 5A, 5B inserted (22.7.2022) by The Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2022 (S.I. 2022/621), regs. 1(1)(b), 2(2)(c)
“(2A)For plants, plant products and other objects [F26as 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).
[F27(2B)Paragraph 2A does not apply in respect of excluded goods.”]]
Textual Amendments
F26Words in Annex 6 para. 5B 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(4)(a)
F27Words in Annex 6 para. 5B 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(4)(b)
Textual Amendments
F28Annex 6 para. 5C 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(5)
in paragraph 1, in the opening words, for the words from “shall” to the end, substitute “ may perform official controls at [F29a border control post, at another point of entry into Great Britain or at the destination of the consignment] of relevant goods of each of the following categories entering Great Britain from a relevant third country: ”;
[F30in 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.]
Textual Amendments
F29Words in Annex 6 para. 6(a) substituted (30.4.2024) by The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 4(3)(b)(i) (with reg. 5)
F30Annex 6 para. 6(b) substituted (30.4.2024) by The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 4(3)(b)(ii) (with reg. 5)
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 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 [F31a border control post, at another point of entry into Great Britain or at the destination of a consignment]. 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: ”.
Textual Amendments
F31Words in Annex 6 para. 8(a) substituted (30.4.2024) by The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 4(3)(c) (with reg. 5)
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
F32Words 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.”
—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.
[F33From 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.]
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 [F34paragraph 5 of Schedule 5 [F35to, 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)]][F34paragraph 4 of Schedule 5 to the Trade in Animals and Related Products (Scotland) Regulations 2012];
those plants, plant products and other objects specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020.
[F36From [F371st January 2022]][F36Subject 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.
[F38animal by-products not already covered by paragraph 3(b).]
[F39Paragraph 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; F40...
F40....
F41...]
[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.]
[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).]
[F44Paragraph 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), F45...
F45...
F46...]
[F47In 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—
plants, plant products and other objects within the scope of paragraph 3(c);
goods within the scope of paragraph 4(a) to (c);
plants, plant products and other objects that are goods of a kind referred to in paragraph 5.]
[F48In 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.]
[F49From 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).]
[F47The 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.
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.]
[F50In 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—
plants, plant products and other objects within the scope of paragraph 3(c);
goods within the scope of paragraph 4(a) and (b);
plants, plant products and other objects referred to in paragraph 7.
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.
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.]
[F51The CHED must be used by the competent authorities to—
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
communicate the information referred to in sub-paragraph (a) through the appropriate computerised information management system.
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
F52Annex 6 para. 13A omitted (30.4.2024) by virtue of The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 4(3)(e) (with reg. 5)
“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
F53Annex 6 para. 13B inserted (30.4.2024) by The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 4(3)(e) (with reg. 5)
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 vegetables | Carrots, 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: | ||
[F55Solanaceae Juss. and Ipomoea L. | Vegetable products not elsewhere specified or included, fresh. | 7] |
Zea mays L. | Other vegetables, fresh or chilled: Sweetcorn | 8 |
Leafy vegetables of Apium graveolens L., Eryngium Tournier ex Linnaeus, Limnophila R.Br. [F56Ocimum L and Spinacia oleracea L.] | [F57Spinach 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. | [F58Fruits 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. | ||
F59...Fragaria L., Malus Mill., Persea americana Mill., F60...Pyrus L., F61...Rubus L., F62...Vaccinium L. and Vitis L. | Avocados, fresh or chilled. | 20 |
Grapes, fresh or chilled. | ||
F63. . . | ||
Apples [F64and pears] , fresh or chilled. | ||
F65. . . | ||
Strawberries, fresh or chilled. | ||
Raspberries, blackberries and loganberries, fresh or chilled. | ||
F66. . . | ||
Cranberries, bilberries, and other fruit of the genus Vaccinium, fresh or chilled. | ||
Other, fresh or chilled. |
Textual Amendments
F54Annex 6 para. 15 inserted (17.11.2023) by The Official Controls (Plant Health) (Prior Notification) and Phytosanitary Conditions (Amendment) Regulations 2023 (S.I. 2023/1131), regs. 1(2)(a), 10(3)
Article 168
Textual Amendments
The plants listed in this Annex which come from a corresponding country of origin are exempt from the application of Annex 6.
Description of plants | Country of origin |
---|---|
Strawberries, fresh or chilled | Third countries other than an EU Member State and Switzerland |
Avocados, fresh or chilled | Third countries other than an EU Member State and Switzerland |
Blackberries, mulberries and loganberries, fresh or chilled | Third countries other than an EU Member State and Switzerland |
Raspberries, fresh or chilled | Third countries other than an EU Member State and Switzerland |
Table grapes, fresh or chilled | Third countries other than an EU Member State and Switzerland |
Apples, fresh or chilled but excluding cider apples, in bulk from 16 September to 15 December | Third countries other than an EU Member State and Switzerland |
Pears, fresh or chilled but excluding perry pears in bulk, from 1 August to 31 December | Third countries other than an EU Member State and Switzerland |
Fruits of the species Vaccinium macrocarpon and Vaccinium corymbosum, fresh or chilled | Third countries other than an EU Member State and Switzerland |
Fruits of species Vaccinium myrtillus, fresh or chilled | Third countries other than an EU Member State and Switzerland |
Fruits of the genus Capsicum or of the genus Pimenta (Solanaceae), fresh or chilled, but excluding fruits of the genus Capsicum for the manufacture of capsicin or capsicum oleoresin dyes, or for the industrial manufacture of essential oils or resinoids | Third countries other than an EU Member State and Switzerland |
Sweet potatoes, fresh, whole, intended for human consumption | Third countries other than an EU Member State and Switzerland |
Ginger, fresh or chilled, other than dried | Third countries other than an EU Member State and Switzerland |
Tomatoes, fresh or chilled | Third countries other than an EU Member State and Switzerland |
Asparagus, fresh or chilled | Third countries other than an EU Member State and Switzerland |
Sweetcorn, fresh or chilled | Third countries other than an EU Member State and Switzerland |
[F68Leaves of basil plants, fresh or chilled | Third countries other than an EU Member State and Switzerland |
Cut flowers of carnations, fresh | Third countries other than an EU Member State and Switzerland |
Cut flowers of roses, fresh | Third countries other than an EU Member State and Switzerland |
Cut flowers of gypsophila, fresh | Third countries other than an EU Member State and Switzerland |
Cut flowers of chrysanthemums, fresh | Third countries other than an EU Member State and Switzerland]] |
Textual Amendments
F68Words in Annex 7 inserted (2.9.2024) by The Windsor Framework (Retail Movement Scheme: Plant and Animal Health) (Amendment etc.) Regulations 2024 (S.I. 2024/853), regs. 1(2)(b), 2(2)
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