2021 No. 809
The Official Controls (Extension of Transitional Periods) Regulations 2021
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by:
- a
Article 144(6) of, and paragraph 2 of Annex 6 to, Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products M1,
- b
regulation 71(1) of the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 M2, and
- c
regulation 33(2) of the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 M3.
In accordance with Article 144(7) of Regulation (EU) 2017/625, before making these Regulations, the Secretary of State has consulted such bodies and persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by these Regulations and such other bodies or persons as the Secretary of State considers appropriate.
In accordance with Article 3(2B) of Regulation (EU) 2017/625 M4, regulation 71(2) of the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020, and regulation 35(2) of the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020, the Welsh Ministers, in relation to the application of these Regulations in relation to Wales, and the Scottish Ministers, in relation to the application of these Regulations in relation to Scotland, have consented to the Secretary of State making these Regulations.
S.I. 2020/1462, to which there are amendments not relevant to this instrument.
Article 3(2B) is inserted by S.I. 2020/1481.
Citation, commencement, extent and applicationI11
1
These Regulations—
a
may be cited as the Official Controls (Extension of Transitional Periods) Regulations 2021, and
b
come into force on 30th July 2021.
2
This regulation, and regulations 2, 3, 4, 7 and 8 extend to England and Wales, and Scotland.
3
Regulation 5 applies in relation to England only.
4
Regulation 6 extends to Scotland only.
F1End of the transitional staging periodE12
For the purposes of sub-paragraph (b) of the definition of “the transitional staging period” in paragraph 2 (interpretation) of Annex 6 to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, the appointed date is F231st December 2022F231st January 2024.
F3End of the transitional staging periodE22
In relation to Wales, for the purposes of sub-paragraph (b) of the definition of “the transitional staging period” in paragraph 2 (interpretation) of Annex 6 to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, the appointed date is 31 January 2024.
General transitional provision relating to model certificates: end of period of applicationI23
The appointed date for the purposes of regulation 33(2) of the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 is 30th September 2021.
Amendments to Regulation (EU) 2017/625I34
1
Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products is amended as follows.
2
In Annex 6, in paragraph 13, in the text of Article 56A, as inserted for the purposes mentioned in paragraph 3 of Annex 6—
a
in paragraph (4), for “31st July 2021” substitute “
the relevant date
”
;
b
after paragraph (4), insert—
5
In paragraph (4), “the relevant date” means—
a
in relation to point (a), 1st October 2021;
b
in relation to point (b), 1st January 2022.
Amendments to the Trade in Animals and Related Products Regulations 2011I45
1
The Trade in Animals and Related Products Regulations 2011 M5 are amended as follows.
2
In regulation 2(1), after the definition of “third country”, insert—
“the transitional staging period” has the meaning given in Annex 6 to the Official Controls Regulation.
3
In regulation 26(3), for “day on 31st July 2021” substitute “
transitional staging period
”
.
4
In Schedule 5—
a
in paragraph 5(3), for “31st July” substitute “
1st October
”
;
b
in paragraph 6(1)(c)—
i
for “31st July” substitute “
1st October
”
;
ii
after “products of animal origin” insert “
or animal by-products
”
.
Amendments to the Trade in Animals and Related Products (Scotland) Regulations 2012I56
1
The Trade in Animals and Related Products (Scotland) Regulations 2012 M6 are amended as follows.
2
In Schedule 5—
a
in paragraph 4(3), for “31st July” substitute “
1st October
”
;
b
in paragraph 5(3)—
i
for “31st July” substitute “
1st October
”
;
ii
after “products of animal origin” insert “
or animal by-products
”
.
Amendments to the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020I67
1
The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 are amended as follows.
2
In regulations 69 and 70, for “31st July” substitute “
30th September
”
.
Amendments to the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020I78
1
The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 are amended as follows.
2
In regulation 34(5), for the definition of “the transitional staging period” substitute—
“the transitional staging period” means the period beginning on IP completion day and ending at the end of the day on 30th September 2021.
EUR 2017/625. Article 144 is substituted, and Annex 6 inserted, by S.I. 2020/1481. Annex 6 is amended by S.I. 2021/429.