The Official Controls (Miscellaneous Amendments) Regulations 2024

Consequential amendments to the Trade in Animals and Related Products (Wales) Regulations 2011

14.—(1) The Trade in Animals and Related Products (Wales) Regulations 2011(1) are amended as follows.

(2) In regulation 2(1), after the definition of “official controls” insert—

““official fish inspector” (“arolygydd pysgod swyddogol”) means a suitably trained person appointed in accordance with regulation 12;

“official veterinary surgeon” (“milfeddyg swyddogol”) means a suitably trained veterinary surgeon appointed in accordance with regulation 12;”.

(3) In Schedule 3(2), at the end insert—

“Case 8: low risk goods exempted from routine checks under Article 48(h) of the Official Controls Regulation

9.   Low risk goods exempted from routine identity and physical checks in accordance with conditions specified by regulation 10 of the Official Controls (Miscellaneous Amendments) Regulations 2024.”.

(4) In Schedule 5(3)—

(a) for paragraph 4 substitute—

“4.— (1) From 30th April 2024, regulation 13 applies in relation to Wales as if—

(a) the existing text were renumbered as paragraph (1); and

(b) in paragraph (1) (as renumbered) for “other than at a border inspection post designated for that animal or product” there were substituted—

“other than—

(a) in accordance with paragraphs (2) or (3); or

(b) as regards any product, following the designation of a border control post for the product in question, through that border control post.”;

(c) after paragraph (1) there were inserted—

“(2) Live animals coming from a relevant third country may continue to enter Wales through any point of entry.

(3) Relevant goods (other than live animals) coming from the Republic of Ireland, which—

(a) fall within the description in paragraph 1(a) of Schedule 5, or

(b) fall within the description in paragraph 1(b) of Schedule 5 and have been cleared for free circulation under Union customs legislation,

may enter Wales through any point of entry.”.”;

(b) in paragraph 5—

(i) for sub-paragraph (1) substitute—

“(1) From 30th April 2024, subject to the derogation specified in sub-paragraphs (3C) and (3D), regulation 14(1) to (4) applies to relevant goods, as if—

(a) in sub-paragraph (1), for the words from “notify through” to “border control post”, in the second place where it occurs, there were substituted “notify the competent authority in relation to Wales of the expected date of arrival of the consignment in Wales”;

(b) in sub-paragraph (3) after “made”, there were inserted “through the appropriate computerised information management system”;

(c) in sub-paragraph (4)—

(i) for the opening words, there were substituted—

“(4) In the case of a transhipment of products from a point of entry in Wales to another point of entry or border control post, the person responsible for the consignment must notify the competent authority of the destination of—”;

(ii) in paragraph (b), for “border control post at which” there were substituted “place at which, if required,”;”;

(ii) omit sub-paragraphs (2) to (3A);

(iii) in sub-paragraph (3C), for the words from “the relevant” to “sub-paragraph (3)” substitute “relevant goods”;

(iv) in sub-paragraph (4), omit paragraphs (a) and (b);

(c) in paragraph 6—

(i) in sub-paragraph (1), for paragraph (a) substitute—

“(a) from 30th April 2024—

(i) any identity and physical checks carried out on products may take place either at the point of entry into Wales or at the destination indicated in the importation document accompanying the consignment;

(ii) subject to the requirements of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97, official controls in relation to live animals may take place at the destination indicated in the importation document accompanying the animals;

(aa) the checks referred to in paragraph (a) must be carried out on a risk or random basis and at the appropriate frequency rate;

(ab) the operator responsible for a consignment of products must ensure that the consignment is presented for official controls at a reasonable time during the working day;

(ac) the competent authority, having carried out a documentary check and any necessary identity and physical checks on the consignment, may issue a CHED permitting entry;

(ad) where there are no legislative requirements relating to the consignment, the competent authority may issue a CHED where the importation of the consignment is authorised in accordance with the procedure specified in regulation 15(5) to (7);”;

(ii) in sub-paragraph (3), after the opening words, insert—

“(za) “appropriate frequency rate” has the meaning given by paragraph 2 of Annex 6 to the Official Controls Regulation;”;

(d) in paragraph 7—

(i) the existing text is renumbered as sub-paragraph (1);

(ii) in the renumbered sub-paragraph (1), after “relevant goods” insert “coming from a relevant third country”;

(iii) at the end, insert—

“(2) An enforcement authority may seize any consignment which is removed from a point of entry in Wales without a CHED or without authorisation by the competent authority.

(3) An enforcement authority may seize any consignment which is transported from a point of entry in Wales to a destination other than that specified in the CHED.”;

(e) for paragraph 8, substitute—

“8.— (1) Regulation 20 applies as if—

(a) for paragraph (1) there were substituted—

“(1) This regulation applies, subject to paragraph (1A), in relation to any consignment of a product if any checks carried out show that the consignment does not comply with—

(a) the requirements of these Regulations, as they have effect subject to the transitional modifications specified in Schedule 5; or

(b) the rules referred to in Article 1(2) of the Official Controls Regulation.

(1A) This paragraph applies where—

(a) there is non-compliance with the rules referred to in paragraph (1); and

(b) the official veterinary surgeon or the official fish inspector (as appropriate) 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.

(1B) Where paragraph (1A) applies, paragraphs (2) and (3) apply as if for “must” there were substituted “may”.”;”.

(1)

S.I. 2011/2379 (W. 252), amended by S.I. 2018/1612 (W. 249), 2020/44 (W. 5), 177 (W. 38), 1612 (W. 337) and 1639 (W. 344), 2021/1094 (W. 249) and 1480 (W. 382), 2022/1348 (W. 271), 2023/1332 (W. 240) and 2024/20.

(2)

Schedule 3 was amended by S.I. 2020/44 and 1612 and 2022/1348.

(3)

Schedule 5 was inserted by S.I. 2020/44, 1612, and amended by S.I. 2021/1480, 1094 and 2024/20.