The Official Controls (Extension of Transitional Periods and Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021

Amendments to the Trade in Animals and Related Products (Wales) Regulations 2011 E+W

2.—(1) Schedule 5 (application of, derogations from, and modifications to, Part 3 in relation to territories subject to special transitional import arrangements) of the Trade in Animals and Related Products (Wales) Regulations 2011(1) is amended as follows.

(2) In paragraph 5 (derogation from regulation 14: timing of notification of importation)—

(a) in sub-paragraph (3)—

(i) for “From 1 January 2022” substitute “Subject to sub-paragraph (3A), from 1 January 2022”;

(ii) after “products of animal origin” insert “or animal by-products not already covered by sub-paragraph (2)(c)”;

(b) after sub-paragraph (3), insert—

“(3A) Sub-paragraph (3) does not apply to relevant goods which—

(a) are within the scope of Article 7 or Article 10 of Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market(2); or

(b) are imported into Great Britain from the Republic of Ireland where the condition in paragraph (3B) is met.

(3B) The condition is that the goods were produced in Northern Ireland or the Republic of Ireland, and for these purposes goods are taken to be produced in Northern Ireland or the Republic of Ireland if they are processed there.”;

(3) For paragraph 8(a) (modification of regulation 20: action following failure of checks or seizure – products) substitute—

“(a) in paragraph (1)—

(i) for “the checks at a border control post” there were substituted “checks”;

(ii) after “Official Controls Regulation” there were inserted “or, in the case of relevant goods, does not comply with the provisions of Schedule 5”;

(4) For paragraph 9 (modification of regulation 23: action following failure of checks or seizure – animals) substitute—

“Regulation 23 applies as if, in paragraph (1)—

(a) for “the checks at a border control post” there were substituted “checks”;

(b) after “Official Controls Regulation” there were inserted “or, in the case of relevant goods, does not comply with the provisions of Schedule 5,”.

Commencement Information

I1 Reg. 2 in force at 30.12.2021, see reg. 1(2)

(1)

Schedule 5 was inserted by regulation 32 of S.I. 2020/1612 (W. 337). Paragraph 5(3) was amended by regulations 2 of S.I. 2021/384 (W. 122), S.I. 2021/847 (W. 197) and S.I. 2021/1094 (W. 260).

(2)

EUR 2019/2122, amended by S.I. 2020/1482 and 2021/453.