The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020

Commission Delegated Regulation (EU) 2019/2074 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules on specific official controls on consignments of certain animals and goods originating from, and returning to the Union following a refusal of entry by a third country

23.—(1) Commission Delegated Regulation (EU) 2019/2074 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules on specific official controls on consignments of certain animals and goods originating from, and returning to the Union following a refusal of entry by a third country(1) is amended as follows.

(2) In Article 1, for “the Union” substitute “Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain,”.

(3) After Article 1 insert—

“Article 1A Definitions

In this Regulation—

(a) ‘Crown Dependencies’ means the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man;

(b) ‘third country’ has the meaning given in Article 3(2D) of Regulation (EU) 2017/625 of the European Parliament and of the Council.”.

(4) In Article 2—

(a) in the heading, for “the Union” substitute “Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain,”;

(b) in paragraph 1—

(i) for “the Union”, in the first place where it occurs, substitute “Great Britain”;

(ii) for “the Union”, in the second place where it occurs, substitute “Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain,”;

(c) in paragraph 2, in the words before point (a)—

(i) for “the Union”, in the first place where it occurs, substitute “Great Britain”;

(ii) for “the Union”, in the second place where it occurs, substitute “Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain,”;

(d) in paragraph 3, in the words before point (a), for “the Union” substitute “Great Britain”;

(e) in paragraph 4—

(i) for “the Union”, in both places where it occurs, substitute “Great Britain”;

(ii) omit “(‘IMSOC’)”.

(5) In Article 3—

(a) in paragraph 1—

(i) in the words before point (a)—

(aa) for “the Union”, in the first two places where it occurs, substitute “Great Britain”;

(bb) for “the Union”, in the third place where it occurs, substitute “Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain,”;

(ii) in point (a), for “Annex to” substitute “list published and amended from time to time in accordance with Article 3 of”;

(iii) for point (b) substitute—

“(b) composite products that are:

(i) listed in the list published by the Secretary of State, as amended from time to time, in accordance with Article 3(1) and (4) of Decision 2007/275/EC(2) that would, immediately before IP completion day, have fallen within the lists in Chapters 16 to 22 of Annex 1 to Decision 2007/275/EC(3) as it had effect immediately before IP completion day; and

(ii) subject to official controls at border control posts of arrival into Great Britain in accordance with Article 4 of that Decision.”;

(b) in paragraph 2—

(i) in point (a)—

(aa) for the words from “competent authority” to “origin’)” substitute “relevant competent authority when the goods were despatched to a third country”;

(bb) for “IMSOC” substitute “the appropriate computerised information management system”;

(ii) in point (c)—

(aa) for “the Union”, in the first place where it occurs, substitute “Great Britain or the Crown Dependencies (as the case may be)”;

(bb) for “Member State” substitute “constituent territory of Great Britain”;

(cc) for “the Union”, in the second place where it occurs, substitute “Great Britain”;

(c) in paragraph 4, for “the Union” substitute “Great Britain”;

(d) for paragraph 5 substitute—

“5.   Where the competent authority of the place of destination has issued the declaration referred to in paragraph 2(c), the competent authority at the border control post of arrival shall monitor the transport and arrival at the place of destination of the consignment—

(a) in accordance with Delegated Regulation (EU) 2019/1666(4), or

(b) in relation to consignments of products originating from and returning to the Crown Dependencies via a point of entry in Great Britain, in accordance with the appropriate arrangements between the competent authorities in Great Britain and the Crown Dependencies for the monitoring of the transport of consignments from the border post of arrival into Great Britain to the establishment at the place of destination.”.

(6) After Article 3, insert—

“Article 3a Transitional derogations and modifications: animals and goods entering Great Britain from a relevant third country

1.   During the transitional staging period to relevant goods originating from and returning to Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain, following refusal of entry by a relevant third country, this Regulation applies subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625.

2.   In this Article ‘the transitional staging period’, ‘relevant goods’, and ‘relevant third country’ have the meanings given in Annex 6 to that Regulation.”.

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

(1)

EUR 2019/2074.

(2)

EUDN 2007/275, as amended prospectively from IP completion day by S.I. 2020/1462.

(3)

OJ No L 116, 4.5.2007, p.9, as last amended by Commission Implementing Regulation (EU) 2019/2007 (OJ No L 312, 3.12.2019, p.1).

(4)

EUR 2019/1666.