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

Amendments to Commission Implementing Regulation (EU) 2019/1873 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products U.K.

33.—(1) Commission Implementing Regulation (EU) 2019/1873 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products is amended as follows.

(2) In Article 1, for “the Union” substitute “ Great Britain, from a third country, ”.

(3) For Article 2 substitute—

“Article 2 U.K. Definitions

For the purposes of this Regulation—

(a) ‘the appropriate computerised information management system’ is the system for official controls referred to in Article 131 of Regulation (EU) 2017/625 M1 ;

(b) ‘the establishment of origin’ means the establishment of origin in a third country, including third country vessels, appearing on lists drawn up regarding the export of products of animal origin, germinal products, animal by-products and composite products to Great Britain, in accordance with the legislation in force in the relevant constituent territory of Great Britain;

(b) ‘third country’ has the meaning given in Article 3(2D) of Regulation (EU) 2017/625 M2 .”.

(4) In Article 3—

(a) for paragraph 1 substitute—

“1.   When notifying other competent authorities of a decision to perform intensified official controls made in accordance with Article 65(5) of Regulation (EU) 2017/625 throu gh the appropriate computerised information management system, the competent authority making the decision must indicate—

(a) the establishment of origin;

(b) the category of goods, including their description and code from the 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 M3 or under any other enactment; and

(c) the infringement which has occasioned the decision to perform intensified official controls.”;

(b) in paragraph 2—

(i) in the opening words, for “Commission shall assess” substitute “ notified competent authorities must assess and endeavour to agree ”;

(ii) in point (d), for the words from “adopted”, in the first place where it occurs, to “with”, in the second place where it occurs, substitute “ under Article 261 of Regulation (EU) 2016/429 or to special measures under ”;

(c) in paragraph 3—

(i) for “Commission” substitute “ notifying competent authority ”;

(ii) for “IMSOC” substitute “ appropriate computerised information management system ”;

(d) in paragraph 4, for “Member States” substitute “ constituent territories of Great Britain ”.

(5) In Article 4—

(a) in paragraph 1—

(i) for “all Member States” substitute “ Great Britain ”;

(ii) for “IMSOC” substitute “ appropriate computerised information management system ”;

(b) in paragraph 2, for the words from “Combined Nomenclature” to the end, substitute “ classification system applicable in Great Britain, 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 ”;

(c) in paragraph 4, for “IMSOC” substitute “ appropriate computerised information management system ”.

(6) In Article 5—

(a) in paragraph 1—

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

(ii) for “Commission” substitute “ the competent authority in the relevant constituent territory of Great Britain, or, where there is more than one competent authority dealing with the infringements, one of those authorities ”;

(b) in paragraph 2—

(i) in the opening words, for “Commission” substitute “ competent authority making the request in accordance with paragraph 1 ”;

(ii) in point (b), for “Member States” substitute “ constituent territories of Great Britain ”.

(7) In Article 6—

(a) in paragraph 1—

(i) in point (a), for the words from “Commission” to “IMSOC” substitute “ other competent authorities of its decision, through the appropriate computerised information management system, ”;

(ii) in point (b)—

(aa) for “IMSOC” substitute “ appropriate computerised information management system ”;

(bb) for “Member States” substitute “ constituent territories of Great Britain ”.

(b) in paragraph 2—

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

(ii) in point (a)—

(aa) for “IMSOC” substitute “ appropriate computerised information management system ”;

(bb) for “Member States” substitute “ constituent territories of Great Britain ”.

(8) In Article 8—

(a) in paragraph 1, for “into the Union” substitute “ to Great Britain ”;

(b) in paragraph 2, for “IMSOC” substitute “ appropriate computerised information management system ”.

(9) In the words following Article 9, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I1 Reg. 33 in force at 31.12.2020 on IP completion day, see reg. 1

Marginal Citations

M1 Article 131 was amended by regulation 24(2) of the Official Controls (Animals, Feed and Food, Plant Health etc) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481).

M2 The definition of ‘third country’ was inserted by regulation 3(2) of those Regulations.

M3 2018 c. 22.