The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 E+W

7.—(1) The responsible operator of a controlled consignment which is to be brought into England by air [F1 or into a RoRo port in England] must have notified the appropriate authority of the consignment's expected arrival at least four working hours before its expected arrival in England.

(2) In the case of any controlled consignment which consists, in whole or in part, of unprocessed logs or sawn or chipped wood and is to be brought into England at a point of entry which only has a temporary border control post, the responsible operator must have notified the Forestry Commissioners of the consignment's arrival at least three working days before its expected arrival in England.

(3) Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 does not apply to any responsible operator of a controlled consignment referred to in paragraph (1) or (2).

(4) In this regulation—

“Commission Implementing Regulation (EU) 2019/1013” means Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union M1 ;

“responsible operator”, in relation to a controlled consignment, means an operator who is required to ensure that the consignment is presented for official controls at the border control post of first arrival into [F2 Great Britain] in accordance with Article 47(5) of the Official Controls Regulation;

[F3 “RoRo port” means a RoRo listed location within the meaning of regulation 130 of the Customs (Import Duty) (EU Exit) Regulations 2018;]

“temporary border control post” means a border control post in England which has been exempted from the obligations in Article 64(3)(a), (c) and (f) of the Official Controls Regulation pursuant to Article 4 of Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts M2 ;

“working day” means any day, other than—

(a)

a Saturday or Sunday;

(b)

Christmas Day or Good Friday; or

(c)

a bank holiday in England under the Banking and Financial Dealings Act 1971 M3 ;

“working hour” means a period of one hour during a day which in England is a working day, and “working hours” includes hours during more than one working day.

Textual Amendments

F1 Words in reg. 7(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 8(2)(a)

F2 Words in reg. 7(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 8(2)(b)(i)

F3 Words in reg. 7(4) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 8(2)(b)(ii)

Commencement Information

I1 Reg. 7 in force at 14.1.2020, see reg. 1(1)

Marginal Citations

M1 OJ No. L 165, 21.6.2019, p.8.

M2 OJ No. L 165, 21.6.2019, p.4.

M3 1971 c. 80, to which there are amendments not relevant to these Regulations.