Regulation (EU) 2017/625 of the European Parliament and of the CouncilShow full title

CHAPTER II U.K. Conditions for the entry into [F1 Great Britain] of animals and goods

Article 125 U.K. Information on third countries' control systems

1. The [F2 appropriate authority] shall request third countries which intend to export animals and goods to [F3 Great Britain] to provide the following accurate and up-to-date information on the general organisation and management of sanitary and phytosanitary control systems in their territory:

(a) any sanitary or phytosanitary rules adopted or proposed within their territory;

(b) risk-assessment procedures and factors taken into consideration for the assessment of risks and for the determination of the appropriate level of sanitary or phytosanitary protection;

(c) any control and inspection procedures and mechanisms, including, where relevant, on animals or goods arriving from other third countries;

(d) official certification mechanisms;

(e) where appropriate, any measures taken following recommendations provided for in the first paragraph of Article 122;

(f) where relevant, results of controls performed on animals and goods intended to be exported to [F4 Great Britain]; and

(g) where relevant, information on changes made to the structure and functioning of control systems adopted to meet [F5 the sanitary or phytosanitary requirements of the constituent territories of Great Britain,] or recommendations provided for in the first paragraph of Article 122.

2. The request for information referred to in paragraph 1 shall be proportionate, taking account of the nature of the animals and goods to be exported to [F6 Great Britain] and of the specific situation in, and structure of, the third country.

Textual Amendments

F2 Words in Art. 125(1) 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, 22(2)(a)(i) (with reg. 46)

F3 Words in Art. 125(1) 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, 22(2)(a)(ii) (with reg. 46)

F4 Words in Art. 125(1)(f) 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, 22(2)(a)(ii) (with reg. 46)

F5 Words in Art. 125(1)(g) 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, 22(2)(a)(iii) (with reg. 46)

F6 Words in Art. 125(2) 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, 22(2)(b) (with reg. 46)

Modifications etc. (not altering text)

C1 Art. 125 modified (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, 47

Article 126 U.K. Establishment of additional conditions for entry into [F7 Great Britain] of animals and goods

1. The [F8 appropriate authority may make regulations] to supplement this Regulation concerning the conditions to be respected by animals and goods entering [F9 Great Britain] from third countries which are necessary to ensure that the animals and goods comply with the relevant requirements established by the rules referred to in Article 1(2), with the exception of points (d), (e), (g) and (h) of Article 1(2), or with requirements recognised to be at least equivalent thereto.

2. The conditions laid down in the [F10 regulations] referred to in paragraph 1 shall identify animals and goods by referring to their codes from the [F11 classification system applicable in the United Kingdom, as amended from time to time, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border Trade) Act 2018 or under any other enactment] and may include:

(a) the requirement that certain animals and goods shall only enter [F12 Great Britain] from a third country or region of a third country which appears on a list drawn up by the [F13 appropriate authority] for that purpose;

(b) the requirement that consignments of certain animals and goods from third countries be dispatched from, and obtained or prepared in, establishments which comply with the relevant requirements referred to in paragraph 1 or with requirements recognised to be at least equivalent thereto;

(c) the requirement that consignments of certain animals and goods be accompanied by an official certificate, an official attestation, or by any other evidence that the consignments comply with the relevant requirements referred to in paragraph 1 or with requirements recognised to be at least equivalent thereto, including the results of the analysis performed by an accredited laboratory;

(d) the obligation to provide the evidence referred to in point (c) in accordance with a specific format;

(e) any other requirement necessary to ensure that certain animals and goods offer a level of protection of health and, as regards GMOs, also of the environment, equivalent to that ensured by the requirements referred to in paragraph 1.

3. The [F14 appropriate authority may make regulations laying] down rules on the format and type of official certificates, official attestations, or evidence required in accordance with the rules provided for in point (c) of paragraph 2 of this Article. [F15 Those regulations may also make provision for the appropriate authority from time to time to specify and publish online the form in which those certificates, official attestations or evidence must be presented.]

Textual Amendments

F7 Words in Art. 126 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, 22(3) (with reg. 46)

F8 Words in Art. 126(1) 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, 22(4)(a)(i) (with reg. 46)

F9 Words in Art. 126(1) 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, 22(4)(a)(ii) (with reg. 46)

F10 Word in Art. 126(2) 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, 22(4)(b)(i)(aa) (with reg. 46)

F11 Words in Art. 126(2) 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, 22(4)(b)(i)(bb) (with reg. 46)

F12 Words in Art. 126(2)(a) 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, 22(4)(b)(ii)(aa) (with reg. 46)

F13 Words in Art. 126(2)(a) 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, 22(4)(b)(ii)(bb) (with reg. 46)

F14 Words in Art. 126(3) 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, 22(4)(c)(i) (with reg. 46)

F15 Words in Art. 126(3) 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, 22(4)(c)(ii) (with reg. 46)

Modifications etc. (not altering text)

C2 Art. 126 modified (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, 47

Article 127 U.K. Inclusion in the list of third countries referred to in point (a) of Article 126(2)

1. The inclusion of a third country or region thereof in the list referred to in point (a) of Article 126(2) shall be made in accordance with paragraphs 2 and 3 of this Article.

[F16 2. The appropriate authority may, by means of regulations, approve a request by a third country for inclusion on the list referred to in Article 126(2)(a), provided that the request is accompanied by appropriate evidence and guarantees that consignments of the animals and goods concerned from that third country comply with the conditions referred to in Article 126(1), or with equivalent requirements.]

3. The [F17 appropriate authority] shall decide on the request referred to in paragraph 2 taking into account, as appropriate:

(a) the third country’s legislation in the sector concerned;

(b) the structure and organisation of the competent authorities of the third country and its control services, the powers available to them, the guarantees that can be provided with regard to the application and enforcement of the legislation of the third country applicable to the sector concerned, and the reliability of the official certification procedures;

(c) the performance by the competent authorities of the third country of adequate official controls and other activities to assess the presence of hazards for human, animal or plant health, for animal welfare or, in relation to GMOs and plant protection products, also for the environment;

(d) the regularity and rapidity of information supplied by the third country on the presence of hazards for human, animal or plant health, for animal welfare or, in relation to GMOs and plant protection products, also for the environment;

(e) the guarantees given by the third country that:

(i)

conditions applied to the establishments from which animals or goods are exported to [F18 Great Britain] comply with requirements that are equivalent to those referred to in Article 126(1);

(ii)

a list of the establishments referred to in point (i) is drawn up and kept up to date;

(iii)

F19 ...

(iv)

the establishments referred to in point (i) are the subject of regular and effective controls by the competent authorities of the third country;

(f) the findings of controls performed by the [F20 experts appointed by the appropriate authority] in the third country in accordance with Article 120(1);

(g) any other information or data on the capability of the third country to ensure that only animals or goods which provide the same or an equivalent level of protection as that afforded by the relevant requirements referred to in Article 126(1) enter [F21 Great Britain].

4. The [F22 appropriate authority] shall delete the reference to a third country or a region of a third country from the list referred to in point (a) of Article 126(2) where the conditions for inclusion on the list cease to be met. The procedure referred to in paragraph 2 of this Article shall apply.

Textual Amendments

F16 Art. 127(2) 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, 22(5)(a) (with reg. 46)

F17 Words in Art. 127(3) 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, 22(5)(b)(i) (with reg. 46)

F18 Words in Art. 127(3)(e) substituted (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, 22(5)(b)(ii) (with reg. 46)

F19 Art. 127(3)(e)(iii) 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, 22(5)(b)(iii) (with reg. 46)

F20 Words in Art. 127(3)(f) 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, 22(5)(b)(iv) (with reg. 46)

F21 Words in Art. 127(3)(g) 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, 22(5)(b)(ii) (with reg. 46)

F22 Words in Art. 127(4) 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, 22(5)(c) (with reg. 46)

Article 128 U.K. Special measures regarding the entry [F23 to Great Britain] of certain animals and goods

1. Where, in cases other than those referred to in Article 53 of Regulation (EC) No 178/2002 and Article 249 of Regulation (EU) 2016/429, there is evidence that the entry into [F24 Great Britain] of certain animals or goods originating from a third country, a region thereof or a group of third countries, pose a risk to human, animal or plant health or, as regards GMOs, also to the environment, or where there is evidence that widespread serious non-compliance with the rules referred to in Article 1(2) of this Regulation is taking place, the [F25 appropriate authority [F26 may make] regulations laying down] the measures necessary to contain such risk or put an end to the identified non-compliance. F27 ...

2. The [F28 regulations] referred to in paragraph 1 shall identify animals and goods by referring to their codes from the [F29 classification system applicable in the United Kingdom, as amended from time to time, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border Trade) Act 2018 or under any other enactment], and may include:

(a) the prohibition of entry into [F24 Great Britain] of the animals and goods referred to in paragraph 1 originating in or dispatched from the third countries concerned or regions thereof;

(b) the requirement that the animals and goods referred to in paragraph 1 originating in or dispatched from certain third countries or regions thereof be subject, prior to dispatch, to specific treatment or controls;

(c) the requirement that the animals and goods referred to in paragraph 1 originating in or dispatched from certain third countries or regions thereof be subject, upon entry into [F24 Great Britain], to specific treatment or controls;

(d) the requirement that consignments of the animals and goods referred to in paragraph 1 of this Article originating in or dispatched from certain third countries or regions thereof, be accompanied by an official certificate, an official attestation, or by any other evidence that the consignment complies with requirements established by the rules referred to in Article 1(2) or with requirements recognised to be at least equivalent thereto;

(e) the requirement that the evidence referred to in point (d) be provided in accordance with a specific format;

(f) other measures necessary to contain the risk.

[F30 The regulations may include provision allowing the appropriate authority from time to time to specify and publish online the required format for the purposes of point (e);]

3. When adopting the measures referred to in paragraph 2, account shall be taken of:

(a) the information collected in accordance with Article 125;

(b) any other information that the third countries concerned have provided; and

(c) where necessary, the results of [F31 controls carried out by experts appointed by the appropriate authority] provided for in Article 120(1).

F32 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Words in Art. 128 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, 22(6) (with reg. 46)

F24 Words in Art. 128 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, 22(7)(a) (with reg. 46)

F25 Words in Art. 128(1) 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, 22(7)(b)(i) (with reg. 46)

F26 Words in Art. 128(1) 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), 8

F27 Words in Art. 128(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, 22(7)(b)(ii) (with reg. 46)

F28 Word in Art. 128(2) 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, 22(7)(c)(i)(aa) (with reg. 46)

F29 Words in Art. 128(2) 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, 22(7)(c)(i)(bb) (with reg. 46)

F30 Words in Art. 128(2) 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, 22(7)(c)(ii) (with reg. 46)

F31 Words in Art. 128(3)(c) 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, 22(7)(c)(iii) (with reg. 46)

F32 Art. 128(4) 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, 22(7)(d) (with reg. 46)

Article 129 U.K. Equivalence

1. In the areas governed by the rules referred to in Article 1(2), with the exclusion of points (d), (e), (g), and (h) of Article 1(2), the [F33 appropriate authority may make regulations recognising] that measures applied in a third country, or regions thereof, are equivalent to the requirements laid down in those rules, on the basis of:

(a) a thorough examination of information and data provided by the third country concerned pursuant to Article 125(1); and

(b) where appropriate, the satisfactory outcome of a control performed in accordance with Article 120(1).

F34 ...

2. The [F35 regulations] referred to in paragraph 1 shall set out the practical arrangements for the entry of animals and goods into [F36 Great Britain] from the third country concerned, or regions thereof, and may include:

(a) the nature and content of the official certificates or attestations that have to accompany the animals or goods;

(b) specific requirements applicable to the entry into [F36 Great Britain] of the animals or goods and the official controls to be performed at entry into [F36 Great Britain];

(c) where necessary, procedures for drawing up and amending lists of regions or establishments in the third country concerned from which the entry of animals and goods into [F36 Great Britain] is permitted.

[F37 The Regulations may include provision allowing the appropriate authority from time to time to specify and publish online the nature and content of the documents referred to in point (a).]

3. The [F38 appropriate authority must, without delay, revoke the regulations], provided for in paragraph 1 of this Article where any of the conditions for the recognition of equivalence cease to be fulfilled. F39 ...

Textual Amendments

F33 Words in Art. 129(1) 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, 22(8)(a)(i) (with reg. 46)

F34 Words in Art. 129(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, 22(8)(a)(ii) (with reg. 46)

F35 Word in Art. 129(2) 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, 22(8)(b)(i) (with reg. 46)

F36 Words in Art. 129(2) 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, 22(8)(b)(ii) (with reg. 46)

F37 Words in Art. 129(2) 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, 22(8)(b)(iii) (with reg. 46)

F38 Words in Art. 129(3) 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, 22(8)(c)(i) (with reg. 46)

F39 Words in Art. 129(3) 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, 22(8)(c)(ii) (with reg. 46)

Textual Amendments

F1 Words in Title 6 Ch. 2 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, 22(1) (with reg. 46)