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

Amendments to Commission Implementing Regulation (EU) 2019/2129 establishing rules for the uniform application of frequency rates for identity checks and physical checks on certain consignments of animals and goods entering the Union

36.—(1) Commission Implementing Regulation (EU) 2019/2129 establishing rules for the uniform application of frequency rates for identity checks and physical checks on certain consignments of animals and goods entering the Union is amended as follows.

(2) In Article 2—

(a) for paragraph 2, substitute—

“2.   The ‘appropriate computerised information management system’ is the system for or official controls referred to in Article 131 of Regulation (EU) 2017/625;

3.   ‘the appropriate authority’ has the meaning given in Article 3 of Regulation (EU) 2017/625.”.

(3) In Article 3(1)(a), for “IMSOC” substitute “appropriate computerised information management system”;

(4) In Article 4, for paragraph 2 substitute—

“2.   In a case where an agreement of equivalence between Great Britain and a third country or between the United Kingdom and a third country has been or is concluded, physical checks must be carried out in accordance with any provisions governing frequency rates under that agreement.”.

(5) In Article 5—

(a) in paragraph 2(a), for “Commission” substitute “appropriate authority”;

(b) in paragraph 3, for “IMSOC” substitute “appropriate computerised information management system”;

(c) in paragraph 5—

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

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

(6) After Article 7—

(a) in the words following Article 7, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(b) insert—

“Article 8

Derogations and modifications: relevant goods entering Great Britain from a relevant third country

1.   This Regulation applies subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625(1) and in paragraph 3 of this Article during the transitional staging period, in relation to relevant goods entering Great Britain from a relevant third country.

2.   In this Article ‘appropriate frequency rate’, ‘transitional staging period’, ‘relevant goods’ and ‘relevant third country’ have the meanings given in Annex 6 to Regulation (EU) 2017/625.

3.   For Article 5, substitute—

“Article 5 Modification of frequency rates for identity checks and physical checks performed on relevant goods from relevant third countries

1.   In relation to relevant goods entering Great Britain from a relevant third country during the transitional staging period, identity and physical checks must be carried out at the appropriate frequency rate.

2.   In this Article ‘appropriate frequency rate’ has the meaning given in Annex 6 to Regulation (EU) 2017/625.”.”.

(7) Omit Annex 2.

(1)

Annex 6 to Regulation (EU) 2017/625 is inserted by regulation 29(4) of the Official Controls (Animals, Feed and Food, Plant Health etc) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/xxxx).