The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020

Amendments to Title 6, Chapter 2 U.K.

22.—(1) In the heading to Chapter 2 of Title 6, for “the Union” substitute “ Great Britain ”.

(2) In Article 125—

(a) in paragraph 1—

(i) for “Commission” substitute “ appropriate authority ”;

(ii) in the opening words and in point (f), for “the Union”, in both places where it occurs, substitute “ Great Britain ”;

(iii) in point (g), for the words from “Union” to “requirements” substitute “ the sanitary or phytosanitary requirements of the constituent territories of Great Britain, ”;

(b) in paragraph 2, for “the Union” substitute “ Great Britain ”.

(3) In the heading to Article 126, for “the Union” substitute “ Great Britain ”.

(4) In Article 126—

(a) in paragraph 1—

(i) for the words from “Commission” to “Article 144” substitute “ appropriate authority may make regulations ”;

(ii) for “the Union” substitute “ Great Britain ”;

(b) in paragraph 2—

(i) in the opening words—

(aa) for “delegated acts” substitute “ regulations ”;

(bb) for “Combined Nomenclature” substitute “ 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 ”;

(ii) in point (a)—

(aa) for “the Union” substitute “ Great Britain ”;

(bb) for “Commission” substitute “ appropriate authority ”;

(c) in paragraph 3—

(i) for the words from “Commission” to “lay” substitute “ appropriate authority may make regulations laying ”;

(ii) for the words from “Those” to the end substitute—

“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.”.

(5) In Article 127—

(a) for paragraph 2, substitute—

“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.”;

(b) in paragraph 3—

(i) in the opening words, for “Commission” substitute “ appropriate authority ”;

(ii) in points (f) and (g), for “the Union”, in both places where it occurs, substitute “ Great Britain ”;

(iii) in point (e), omit point (iii);

(iv) in point (f), for “Commission” substitute “ experts appointed by the appropriate authority ”;

(c) in paragraph 4, for “Commission” substitute “ appropriate authority ”.

(6) In the heading to Article 128, for “into the Union” substitute “ to Great Britain ”.

(7) In Article 128—

(a) for “the Union”, in each place where it occurs, substitute “ Great Britain ”;

(b) in paragraph 1—

(i) for the words from “Commission” to “acts,” substitute “ appropriate authority must make regulations laying down ”;

(ii) omit the words from “Those” to the end;

(c) in paragraph 2—

(i) in the opening words—

(aa) for “measures” substitute “ regulations ”;

(bb) for “Combined Nomenclature” substitute “ 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 ”;

(ii) after point (f), insert—

“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);”;

(iii) in paragraph 3(c), for “Commission controls” substitute “ controls carried out by experts appointed by the appropriate authority ”;

(d) omit paragraph 4.

(8) In Article 129—

(a) in paragraph 1—

(i) in the opening words, for the words from “Commission” to “recognise” substitute “ appropriate authority may make regulations recognising ”;

(ii) omit the final subparagraph;

(b) in paragraph 2—

(i) for “implementing acts” substitute “ regulations ”;

(ii) for “the Union”, in each place where the words occur, substitute “ Great Britain ”;

(iii) at the end insert—

“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).”;

(c) in paragraph 3—

(i) for the words from “Commission” to “the implementing acts” substitute “ appropriate authority must, without delay, revoke the regulations ”;

(ii) omit the words from “Those” to the end.

Commencement Information

I1 Reg. 22 in force at 31.12.2020 on IP completion day, see reg. 1