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

Amendments to the Annexes

29.—(1) Omit Annex 1.

(2) In Annex 2—

(a) in Chapter 1—

(i) in paragraph 10, omit the words from “including” to the end;

(ii) in paragraph 13, for “the Union” substitute “Great Britain”;

(b) in Chapter 2, in paragraph 7, for “Member State” substitute “competent authority”.

(3) In Annex 4—

(a) in the heading to Chapter 1, for “the Union” substitute “Great Britain from a third country”;

(b) for “EUR”, in each place where it occurs, substitute “Sterling equivalent of EUR”.

(4) After Annex 5, insert—

Article 168

“ANNEX 6 Application of and derogations from this Regulation, and modifications to its application, in relation to territories subject to special transitional import arrangements

PART 1 Introductory

Application

1.   This Annex applies during the transitional staging period to relevant goods which—

(a) originate from a relevant third country; and

(b) have been the subject of any requisite notification prior to their entry into Great Britain from a third country.

Interpretation

2.   For the purposes of this Annex—

‘appropriate frequency rate’ means, in relation to—

(a)

animals and goods other than those specified in point (b), the frequency of performance of official controls, determined by the competent authority in accordance with the factors specified in Article 44(2) and published online;

(b)

plants, plant products and other objects specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020(1), the frequencies established under Commission Implementing Regulation (EU) 2019/66 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods;

‘prior notification’ means notification that has been given through the appropriate computerised information management system to the relevant competent authority in accordance with Article 56A;

‘the relevant competent authority’ means the authority responsible, in accordance with legislation in force in the relevant constituent territory of Great Britain, for performing official controls on the particular category of relevant goods and at the particular place where the controls are to be carried out;

‘relevant goods’ means animals and goods in the categories specified in Article 47(1)(a) to (c);

‘relevant third country’ means—

(a)

a territory subject to special transitional import arrangements; or

(b)

a third country other than a territory subject to special transitional import arrangements where, before importation into Great Britain, the animals and relevant goods concerned—

(i)

have been presented to a member State border control post recognised by the appropriate authority; and

(ii)

are accompanied by a CHED which has been completed to the satisfaction of the relevant competent authority;

‘territory subject to special transitional import arrangements’ means—

(a)

in relation to relevant goods falling within Article 47(1)(a) and (b)—

(i)

an EEA state;

(ii)

the Faroe Islands;

(iii)

Greenland;

(iv)

Switzerland; or

(b)

in relation to relevant goods falling within Article 47(1)(c)—

(i)

an EU member State;

(ii)

Liechtenstein;

(iii)

Switzerland;

‘the transitional staging period’ means the period beginning on IP completion day and ending on—

(a)

31st July 2021; or

(b)

such other date as the appropriate authority may by regulations appoint, being a date not earlier than 1st July 2021.

Application and derogations from, and modifications to, these Regulations

3.   The provisions of this Regulation apply to relevant goods entering Great Britain from a relevant third country with the derogations and modifications specified in Part 2 of this Annex.

PART 2 Derogations and modifications: relevant goods entering Great Britain from a relevant third country

4.   In Article 43, after “and 48,” insert “other than relevant goods entering from a territory subject to special transitional import arrangements,”.

5.   After Article 44(1), insert—

“1A.   The competent authorities may perform official controls on consignments which include relevant goods entering Great Britain from a relevant third country, selected randomly or on a risk basis and at the appropriate frequency rate.

1B.   Relevant goods originating in relevant countries may enter Great Britain through any point of entry during the transitional staging period.”

6.   In Article 47—

(a) in paragraph 1, in the opening words, for the words from “shall” to the end, substitute “may perform official controls at any of the places specified in Article 44(3) on consignments of relevant goods of each of the following categories entering Great Britain from a relevant third country:”;

(b) in paragraph 5, for the words from “goods” to the end, substitute “relevant goods entering Great Britain from a relevant third country are presented for official controls, where required, at any of the place specified in Article 44(3), by the relevant competent authority.”.

7.   In Article 48—

(a) the existing text becomes paragraph 1;

(b) at the end, insert—

“2.   This Article applies to relevant goods arriving in Great Britain from a relevant third country subject to the derogations and modifications specified in Annex 6.”.

8.   In Article 49—

(a) in paragraph 1, for the words from “shall” to the end, substitute “may perform official controls on consignments of relevant goods arriving from a relevant third country, selected randomly, or on the basis of risk, at any of the places specified in Article 44(3). Where a consignment of relevant goods is selected for official controls, those official controls must include documentary checks and may include identity and physical checks.”;

(c) in paragraph 2, in the opening words, for “Physical checks shall be performed” substitute “In a case where a consignment is selected for physical checks, those checks must be performed, in relation to:”.

9.   In Article 50—

(a) in paragraph 1, for the words from “kept by” to the end substitute “and, in a case where a consignment of relevant goods arriving from a relevant third country is selected for the performance of official controls, may be kept by the competent authority with responsibility for the place where the official controls are carried out (‘the responsible competent authority’)”;

(b) in paragraph 2, for the words from “The competent authorities” to “shall” substitute “In a case where a consignment of relevant goods arriving from a relevant third country is selected for official controls and the original official certificates or documents are kept by the responsible competent authority, that authority must”;

(c) for paragraph 3 substitute—

“3.   In a case where the responsible competent authority has notified the operator that official controls are to be performed on a consignment, that consignment must not be split until those official controls have been carried out.”.

10.   Articles 53 and 54 do not apply in relation to relevant goods entering Great Britain from a relevant third country.

11.   In Article 55, for paragraph 1 substitute—

“1.   In a case where official controls are performed on relevant goods arriving from a relevant third country, the competent authority must decide whether the consignment is in compliance with the rules referred to in Article 1(2) and, where relevant, the applicable customs procedure.”.

12.   In Article 56(1) and (2), in both places where the words occur, after “Article 47(1)” insert “, other than relevant goods arriving from a relevant third country,”;

13.   After Article 56, insert—

“Article 56A Prior notification of entry to Great Britain: transitional arrangements

1.   This Article applies in relation to relevant goods entering Great Britain from a relevant third country.

2.   Prior notification of relevant goods arriving from a territory subject to special transitional import arrangements, where required under paragraph 3 or 4 or by other legislation in force in the relevant constituent territory of Great Britain, must be given to the relevant competent authority—

(a) at least one working day before the expected time of arrival at a point of entry into Great Britain; or

(b) in a case where the importer can provide evidence of a logistical constraint preventing such notification, that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.

3.   From 1st January 2021, operators must give prior notification of the arrival of—

(a) live animals and germinal products;

(b) animal by-products and derived products not intended for human consumption, where the consignment includes material which is required to be notified to the competent authority of destination by paragraph 5 of Schedule 5 to the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020)(2);

(c) those plants, plant products and other objects specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020(3).

4.   From 1st April 2021, in addition to the requirements specified in paragraph 3, relating to relevant goods, operators must give prior notification of the arrival of—

(a) all products of animal origin intended for human consumption;

(b) all plants, plant products and other objects of a description specified in any entry in columns 1 and 2 of the table in Part A of Annex 11 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, which originate in any third country listed in the corresponding entry in column 3 of that table.”.

13.   In Article 57(1) and (3), after “Article 47(1)”, in both places where it occurs, insert “, other than relevant goods arriving from a relevant third country,”.

14.   In Article 79(1), in the opening words, for the words from “or” to “Article 53(1)” substitute “, at control posts referred to in point (a) of Article 53(1) or, in relation to relevant goods arriving from a territory subject to special transitional import arrangements, at one of the places referred to in Article 44(3),”.”.

(1)

S.I. 2020/1482.

(2)

S. I. 2020/1462.

(3)

S. I. 2020/1482.