The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024

Amendments to exemptions from requirement for prior notification of entry into Great Britain of relevant goods from a relevant third country during the transitional staging period

9.—(1) Part 2 of Annex 6 to the Official Controls Regulation(1) (derogations and modifications: relevant goods entering Great Britain from a relevant third country) is amended as follows.

(2) In paragraph 13—

(a) in the inserted Article 56A (prior notification of entry to Great Britain: transitional arrangements), as it applies in relation to England and Wales—

(i) in paragraph 3(b), for the words from “to the Import” to the end, substitute “to, 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)”;

(ii) omit paragraph 4A(b) and the “or” before it;

(iii) omit paragraph 4B;

(iv) after paragraph 5, insert—

“6.   In 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—

(a) plants, plant products and other objects within the scope of paragraph 3(c);

(b) goods within the scope of paragraph 4(a) to (c);

(c) plants, plant products and other objects that are goods of a kind referred to in paragraph 5.

7A.   The 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.

7B.   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(2).”;

(b) in the inserted Article 56A (prior notification of entry to Great Britain: transitional arrangements), as it applies in relation to Scotland—

(i) in paragraph 3(b), for the words from “paragraph 5” to the end, substitute “paragraph 4 of Schedule 5 to the Trade in Animals and Related Products (Scotland) Regulations 2012”;

(ii) omit paragraph 5(b) and the “or” before it;

(iii) omit paragraph 6;

(iv) after paragraph 7, insert—

“8.   In 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—

(a) plants, plant products and other objects within the scope of paragraph 3(c);

(b) goods within the scope of paragraph 4(a) and (b);

(c) plants, plant products and other objects referred to in paragraph 7.

9A.   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.

9B.   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(3).”.

(3) In this regulation, “the Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council 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.

(1)

EUR 2017/625. Annex 6 was inserted by S.I. 2020/1481 for the purposes of its application in relation to the entry of relevant goods from a relevant third country during the transitional staging period. The terms “relevant goods”, “relevant third country” and “the transitional staging period” are defined in paragraph 2 of Annex 6, as amended by S.I. 2022/1315 and 2023/959. Article 56A was inserted by paragraph 13 of Annex 6 for the purposes mentioned in paragraph 3 of that Annex. Paragraph 13 of Annex 6 was amended by S.I. 2021/429, 809, 2022/1315, 2023/1131. It was also amended in relation to England and Wales by S.I. 2021/1096, 1443, and in relation to Scotland by S.S.I. 2021/342, 493 and 2022/90. Paragraphs 4A and 4B of Article 56A, as it applies in relation to England and Wales, were inserted by S.I. 2021/1443. Paragraphs 5 and 6 of Article 56A, as it applies in relation to Scotland, were inserted by S.S.I. 2022/90.

(2)

S.I. 2020/1454.

(3)

S.I. 2020/1454.