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

Commission Implementing Decision (EU) 2019/2098 on temporary animal health requirements for consignments of products of animal origin for human consumption originating in and returning to the Union following a refusal of entry by a third country U.K.

24.—(1) Commission Implementing Decision (EU) 2019/2098 on temporary animal health requirements for consignments of products of animal origin for human consumption originating in and returning to the Union following a refusal of entry by a third country M1 is amended as follows.

(2) In Article 1—

(a) for paragraph 1 substitute—

“1.   Where the requirements specified in paragraph 1A are met, the competent authority at a border control post must authorise the entry into Great Britain of a consignment of products of animal origin which—

(a) has been refused entry by a third country; and

(b) is being returned to its territory of origin in Great Britain or in any of the Crown Dependencies via a border control post in Great Britain.

1A.   The requirements specified in this paragraph are that the consignment being returned is accompanied by—

(a) the original official certificate or document issued by the competent authority in Great Britain or in any of the Crown Dependencies responsible for the territory from which the returned consignment originated or an authenticated copy or electronic equivalent of that certificate or document;

(b) a declaration from the competent authority responsible for the territory of destination of the returned consignment agreeing to receive the consignment and indicating the place of its destination;

(c) a document or declaration indicating—

(i) the reason for the refusal of entry by the third country;

(ii) where applicable, the place and date of unloading, storage and re-loading in the third country; and

(d) in the case of—

(i) containers or packages with an intact original seal, a declaration by the operator responsible for the consignment that—

(aa) transportation of the consignment has taken place under conditions appropriate for the type of product of animal origin contained in the consignment; and

(bb) the contents of the consignment were not altered during transportation; or

(ii) any other consignment, an attestation by the competent authority or other public authority of the third country that—

(aa) the products of animal origin did not undergo any handling other than (where applicable) unloading, storage and re-loading in the third country;

(bb) effective measures were put in place to avoid the contamination of the products of animal origin with disease agents causing any of the transmissible animal diseases listed in paragraph 1B during any unloading, storage and re-loading; and

(cc) the place of any unloading, storage or re-loading was not, at the time of the unloading, storage or re-loading, subject to animal health movement restrictions imposed in connection with any of the transmissible animal diseases listed in paragraph 1B.

1B.   The transmissible animal diseases listed in this paragraph are—

• — Classical swine fever;

• — African swine fever;

• — Foot and mouth disease;

• — Avian influenza;

• — Newcastle disease;

• — Rinderpest;

• — Sheep and goat plague;

• — Swine vesicular disease;

• — Aquaculture diseases.

1C.   In this Decision—

‘aquaculture disease’ means a disease listed in Annex 1A to Commission Regulation (EC) No 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species M2 ;

‘Crown Dependency’ means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man;

‘entry into Great Britain’ or ‘entering Great Britain’ has the meaning given in Article 3(40) of Regulation (EU) 2017/625 M3 ;

‘entry point’ means the point at which animals and goods enter Great Britain, including, but not limited to, a border control post;

‘products of animal origin’ has the meaning given in point 8.1 of Annex 1 to Regulation (EC) No 853/2004;

‘third country’ means any country or territory outside the British Islands.”;

(b) in paragraph 2—

(i) for “1(a)” substitute “ 1A(a) ”;

(ii) for “of the Member State of export” substitute “ responsible for the constituent territory of Great Britain or for the Crown Dependency from which the consignment originated ”.

(3) Omit Article 3.

(4) After Article 3, insert—

“Article 4 U.K. Transitional derogations and modifications

1.   The provisions of this Decision apply subject to the transitional derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625 M4 and in paragraphs 2 and 3 of this Article during the transitional staging period, in relation to relevant goods being returned to Great Britain after having been refused entry by a relevant third country, as if those goods had originated in that third country.

2.   In Article 1—

(a) in paragraph 1, for “a border control post”, in both places where it occurs, substitute “ an entry point ”;

(b) omit paragraph 3.

3.   In this Article “transitional staging period”, “relevant goods” and “relevant third country” have the meanings given in Annex 6 to Regulation (EU) 2017/625.”.

Commencement Information

I1 Reg. 24 in force at 31.12.2020 on IP completion day, see reg. 1(2)

Marginal Citations

M1 EUDN 2019/2098.

M2 EUR 1251/2008. Annex 1A was inserted by S.I. 2020/1388.

M3 The definitions of ‘entry into Great Britain’ and ‘entering Great Britain’ in Article 3 of Regulation (EU) 2017/625 were inserted by S.I. 2020/1481.

M4 Annex 6 to Regulation (EU) 2017/625 was inserted by S.I. 2020/1481.