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

Commission Delegated Regulation (EU) 2019/2126 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for specific official controls for certain categories of animals and goods, measures to be taken following the performance of such controls and certain categories of animals and goods exempted from official controls at border control posts U.K.

28.—(1) Commission Delegated Regulation (EU) 2019/2126 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for specific official controls for certain categories of animals and goods, measures to be taken following the performance of such controls and certain categories of animals and goods exempted from official controls at border control posts M1  is amended as follows.

(2) In Article 2—

(a) for point (1) substitute—

“(1) “appropriate computerised information management system” means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625;”;

(b) after point (3), insert—

“(4) “fisheries administration” has the same meaning as in Article 1(9) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy M2 ;

(5) “British fishing vessel” means a fishing vessel registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 M3 for which the entry in the register specifies a port in Great Britain as the port to which the vessel is to be treated as belonging;

(6) “designated port” means a port in Great Britain designated by a fisheries administration.”.

(3) In Article 3(1), for “the Union” substitute “ Great Britain from a third country ”.

(4) In Article 4, in both places where it occurs (including the heading), for “Union ports designated by Member States”, substitute “ designated ports ”.

(5) In Article 5—

(a) in the heading, for “Union ports designated by Member States”, substitute “ designated ports ”;

(b) in the opening words—

(i) for “Member States may carry out,” substitute “ Official controls may be carried out ”;

(ii) for “official controls of” substitute “ upon ”;

(iii) for “Union ports designated by Member States” substitute “ designated ports ”;

(c) in point (b), for the words from “non-Union goods” to the end substitute “ goods in accordance with section 25 of the Customs and Excise Management Act 1979 M4 ”;

(d) in point (c), for the words from “in accordance with” to the end substitute “ in Great Britain ”;

(e) in point (d)—

(i) for “designated Union ports” substitute “ designated ports ”;

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

(6) In Article 6—

(a) in the heading, for “vessels flying the flag of a Member State” substitute “ British fishing vessels ”;

(b) in paragraph 1—

(i) for “vessels flying the flag of a Member State” substitute “ British fishing vessels ”;

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

(c) in paragraph 3, for “the Union” substitute “ Great Britain ”.

(7) Omit Articles 7 to 9.

(8) After Article 10, insert—

“Article 10a U.K. Derogations and modifications: animals and goods entering Great Britain from a relevant third country

1.   Articles 3 to 6 of this Regulation apply subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625 M5 during the transitional staging period, in relation to relevant goods entering Great Britain from a relevant third country.

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

(9) After Article 11, omit the words from “This Regulation” to “Member States.”.

(10) Omit Annex 1.

Commencement Information

I1 Reg. 28 in force at 31.12.2020 on IP completion day, see reg. 1(2)

Marginal Citations

M1 EUR 2019/2126.

M2 EUR 1380/2013.

M3 1995 c. 21.

M4 1979 c. 2.

M5 EUR 2017/625, as amended prospectively from IP completion day by S.I. 2020/1481.