The Official Controls (Miscellaneous Amendments) Regulations 2024

Partial exemption of goods presenting a low risk or no specific risk from routine official controls under Article 47(1) of the Official Controls Regulation

10.—(1) The categories of goods mentioned in Article 47(1)(b) which meet the conditions specified—

(a) in relation to animal by-products and derived products, in paragraphs (2), (4) and (5), and

(b) in relation to products of animal origin, in paragraphs (2), (3) and (5),

are, subject to paragraphs (6) to (10), exempted from routine official controls under Article 47(1) of the Official Controls Regulation.

(2) The conditions in this paragraph are that the goods—

(a) are listed in the first column of Table 1 or Table 2 in Schedule 2;

(b) meet the appropriate conditions for that category of goods specified in the second and third columns of the corresponding row in Table 1 or Table 2 of that Schedule;

(c) meet any conditions specified for that category of goods under—

(i) the rules referred to in Article 1(2) of the Official Controls Regulation(1);

(ii) the rules set out in the Official Controls Regulation or in—

(aa) assimilated direct legislation made under, or having effect as if made under, the Official Controls Regulation(2);

(bb) lists published online by the appropriate authority under powers conferred by the Official Controls Regulation or by assimilated direct minor legislation or regulations made under the Official Controls Regulation; and

(cc) lists drawn up by the appropriate authority in accordance with conditions laid down in any regulations made under Article 126(1) and (2) of the Official Controls Regulation; and

(d) are labelled in English.

(3) Where the goods are products of animal origin, they must—

(a) be clearly identified as intended for human consumption;

(b) be securely packaged in visibly clean containers;

(c) not be—

(i) infant formula, follow-on formula, food for special medical purposes or baby food (unless the product is also a composite product otherwise exempted as complying with the conditions listed in Article 6 of Decision 2007/275); or

(ii) bivalve molluscs, echinoderms, tunicates or marine gastropods or their products, or composite products containing those animals or their products;

(d) be accompanied by a commercial document providing—

(i) any information which is required by assimilated direct legislation or regulations applying in relation to the particular category of goods; or

(ii) where there are no specific requirements applying to the category of goods, information which at least—

(aa) identifies the premises of origin of the goods;

(bb) identifies the destination of the goods;

(cc) includes a description of the goods; and

(dd) includes the quantity of the goods;

(e) be produced, stored and transported in accordance with the relevant standards laid down by Regulation 853/2004 and Regulation 178/2002 and assimilated direct minor legislation or regulations made under, or having effect as made under, those Regulations; and

(f) meet the requirements of Regulation 2019/625 and Regulation 2019/628 relevant to the particular category of goods.

(4) The conditions in this paragraph are that the goods—

(a) come from a third country listed in relation to the import of the particular category of goods either—

(i) in assimilated direct minor legislation made under Article 41(3) or (4) of Regulation 1069/2009(3); or

(ii) in regulations made under that provision;

(b) meet the relevant standards and requirements, set out in Regulations 1069/2009 and 142/2011, for that particular category of goods; and

(c) are accompanied, where required by Regulation 1069/2009 or Regulation 142/2011, by a commercial document—

(i) in a form conforming to the requirements of the model form published from time to time by the appropriate authority in accordance with paragraph 1 of Chapter 3 of Annex 8 to Regulation 142/2011(4); and

(ii) containing the information specified in Chapter 3 of that Annex.

(5) The conditions in this paragraph are that the goods come from a country or region listed—

(a) in the assimilated direct legislation referred to in relation to that category of goods in the third column of Table 1 or, as the case may be, Table 2 in Schedule 2;

(b) in any documents published by the Secretary of State in accordance with requirements under the legislation referred to in the third column of Table 1 or, as the case may be, Table 2 in Schedule 2; and

(c) in Table 3 in Schedule 2.

(6) An operator(5) intending to import goods in reliance on the conditions specified in paragraph (1) (“low risk goods”) must pre-notify the arrival of those goods to the competent authority—

(a) in accordance with the requirements of Article 56(3)(a) and (4) of the Official Controls Regulation; and

(b) in accordance with the notice period set out in Article 1 of Regulation 2019/1013.

(7) Low risk goods must enter Great Britain through a point of entry for which a border control post is designated for the relevant category of goods.

(8) The competent authority may carry out checks on goods which an operator is intending to import into Great Britain in reliance on the exemption under paragraph (1) where there is a suspicion—

(a) of non-compliance with the rules referred to in Article 1(2) of the Official Controls Regulation;

(b) that the consignment contains animals or goods—

(i) not declared by the operator to be part of the consignment;

(ii) not included in the categories of goods listed in Schedule 2; or

(iii) not meeting the conditions specified in this regulation or in Schedule 2; or

(c) of fraudulent or deceptive practices by an operator.

(9) The competent authority, in deciding whether to carry out checks in accordance with paragraph (8), may, in addition to the factors specified in paragraph (8), take into account the factors specified in Article 44(2) of the Official Controls Regulation.

(10) This regulation does not apply in relation to relevant goods entering Great Britain from relevant third countries in accordance with the transitional arrangements set out in Annex 6 to the Official Controls Regulation.

(1)

Article 1(2) was amended by S.I. 2020/1481.

(2)

Article 126 was amended by S.I. 2020/1481 and has effect subject to the transitional provisions specified in that instrument. The third countries from which goods may be imported are listed either in Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry in the European Union of certain animals and goods intended for human consumption (EUR 2019/626), or in the legislation referred to in that Regulation. The Official Controls Regulation revoked the instruments specified in Article 146 but some assimilated direct minor legislation continues to have effect as if made under the Official Controls Regulation.

(3)

Chapter 2 of Annex 14 to Regulation 142/2011, in particular Table 2 in section 1 of that Chapter, sets out requirements for the listing of third countries in relation to imports of animal by-products other than for use in the feed chain.

(4)

Paragraph 1 of Chapter 3 of Annex 8 was amended by S.I. 2019/588 and 2020/1388.

(5)

“Operator” is defined in Article 3(29) of the Official Controls Regulation.