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

Commission Delegated Regulation (EU) 2019/2124 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union, and amending Commission Regulations (EC) No 798/2008, (EC) No 1251/2008, (EC) No 119/2009, (EU) No 206/2010, (EU) No 605/2010, (EU) No 142/2011, (EU) No 28/2012, Commission Implementing Regulation (EU) 2016/759 and Commission Decision 2007/777/EC U.K.

26.—(1) Commission Delegated Regulation (EU) 2019/2124 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union, and amending Commission Regulations (EC) No 798/2008, (EC) No 1251/2008, (EC) No 119/2009, (EU) No 206/2010, (EU) No 605/2010, (EU) No 142/2011, (EU) No 28/2012, Commission Implementing Regulation (EU) 2016/759 and Commission Decision 2007/777/EC M1 is amended as follows.

(2) For “IMSOC”, in each place where it occurs (including headings to Articles), except in point (6) of Article 2, substitute “ appropriate computerised information management system ”.

(3) In Article 1(1)—

(a) in point (a)—

(i) in the words before point (i)—

(aa) after “goods” insert “ from a third country ”;

(bb) for “the Union” substitute “ Great Britain or the Crown Dependencies ”;

(ii) in point (i), omit “the lists established pursuant to”;

(iii) in point (iii), after “acts” insert “ , or regulations (as the case may be), ”;

(b) in point (b)—

(i) after “sea” insert “ from a third country ”;

(ii) for “the Union” substitute “ Great Britain ”;

(c) in point (c)—

(i) in point (ii), omit “the lists established pursuant to”;

(ii) in point (iv), for “or acts” substitute “ provided for by the acts or regulations (as the case may be) ”;

(d) in point (d)(ii), omit “the lists established pursuant to”.

(4) After Article 1 insert—

“Article 1A U.K. Disapplication for relevant goods entering Great Britain from a relevant third country during the transitional staging period

1.   This Regulation does not apply to relevant goods entering Great Britain during the transitional staging period from a relevant third country to be placed on the market in Great Britain or the Crown Dependencies where such goods have been the subject of any requisite notification prior to their entry into Great Britain.

2.   Where the condition in paragraph 3 is satisfied, this Regulation does not apply to relevant goods which—

(a) enter Great Britain during the transitional staging period from a relevant third country, to travel to:

(i) a third country (including a NATO or US military base located in a third country), whether directly or through another part of the British Islands;

(ii) a NATO or US military base located in the territory of Great Britain or any of the territories of the Crown Dependencies; or

(iii) a vessel leaving the territories of Great Britain and, if applicable, the Crown Dependencies to travel to a third country, where the consignment is intended for ship supplying purposes; and

(b) have been the subject of any requisite notification prior to their entry into Great Britain.

3.   The condition referred to in paragraph 2 is that the operator responsible for the consignment undertakes to notify the competent authority of the point of entry into Great Britain when the consignment:

(a) leaves the territory of Great Britain or, if applicable, the Crown Dependencies to travel to a third country (including a NATO or US military base located in a third country), whether directly or through another part of the British Islands;

(b) is transported to a NATO or US military base located in the territory of Great Britain or any of the territories of the Crown Dependencies; or

(c) is transported to a vessel leaving the territories of Great Britain and, if applicable, the Crown Dependencies to travel to a third country, where the consignment is intended for ship supplying purposes.

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

(5) In Article 2—

(a) in point (2), for “the Union” substitute “ Great Britain ”;

(b) in point (3), for point (a) substitute—

“(a) a customs warehouse;

(aa) a warehouse in a free zone as defined in paragraph 2(5) of Schedule 2 to the Taxation (Cross-border Trade) Act 2018;

(ab) a temporary storage facility; or”;

(c) after point (3) insert—

“(3A) ‘customs warehouse’ means premises approved by HMRC as referred to in paragraphs 2 and 3 of Schedule 2 to the Taxation (Cross-border Trade) Act 2018;

(3B) ‘temporary storage facility’ has the meaning given in section 25A of the Customs and Excise Management Act 1979 M2 ;”;

(d) in point (4), for “the Union” substitute “ Great Britain or the Crown Dependencies ”;

(e) in point (5)—

(i) for “the Union” substitute “ Great Britain or the Crown Dependencies ”;

(ii) for “Member State of” substitute “ competent authority for the place of final ”;

(f) in point (6), for the words from the beginning to “means the” substitute “ ‘appropriate computerised information management system’ means the computerised”;

(g) in point (7)—

(i) for “the Union”, in the first and fourth places where it occurs, substitute “ Great Britain ”;

(ii) for “the Union”, in the second place where it occurs, substitute “ Great Britain from a third country ”;

(iii) after “market” insert “ in Great Britain or the Crown Dependencies ”;

(iv) for “Union territory” substitute “ territories of Great Britain and, where applicable, the Crown Dependencies ”;

(h) in point (8), for “Union” substitute “ GB ”;

(i) after point (8) insert—

“(8A) ‘GB quarantine pest’ has the meaning given by Article 4 of Regulation (EU) 2016/2031;

(8B) ‘provisional GB quarantine pest’ has the meaning given in Article 30(A1) of Regulation (EU) 2016/2031;

(8C) ‘PFA quarantine pest’ has the meaning given by Article 32(1) of Regulation (EU) 2016/2031;

(8D) ‘GB pest-free area’ has the meaning given in Article 2(31) of Regulation (EU) 2016/2031;”;

(j) after point (10), insert—

“(11) ‘the competent authority’ has the meaning given in Article 3(3) of Regulation (EU) 2017/625 of the European Parliament and of the Council;

(12) ‘Crown Dependencies’ means the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man;

(13) ‘third country’ has the meaning given in Article 3(2D) of Regulation (EU) 2017/625.”.

(6) In Articles 3 to 5, for “the Union”, in each place where it occurs, substitute “ Great Britain ”.

(7) In Article 6—

(a) in paragraphs 2, 4 and 6, for “the Union”, in each place where it occurs, substitute “ Great Britain ”;

(b) in paragraph 3(a), for “Union”, in both places where it occurs, substitute “ GB ”.

(8) In Article 7, for “the Union”, in each place where it occurs, substitute “ Great Britain ”.

(9) In Article 8, after paragraph 2 insert—

“3.   This Article applies where the place of final destination is in Great Britain.”.

(10) In Article 9—

(a) in paragraph 1—

(i) in the words before point (a), for “Member States” substitute “ A competent authority in Great Britain ”;

(ii) in point (a), omit the words from “as referred” to “respectively”;

(b) in paragraph 2, for “Member States” substitute “ the competent authority ”.

(11) In Article 10, for “Member States” substitute “ The competent authority ”.

(12) In Article 11—

(a) in paragraph 1—

(i) after “sea” insert “ from a third country ”;

(ii) for “the Union”, in the first place where it occurs, substitute “ Great Britain or in the Crown Dependencies, ”;

(iii) for “the Union”, in the second place where it occurs, substitute “ Great Britain and, where applicable, the Crown Dependencies ”;

(b) in paragraph 3, in the second subparagraph, before “point (d)” insert “ in ”;

(c) in paragraph 4, for “the Union” substitute “ Great Britain ”.

(13) In Article 13—

(a) in paragraph 3, for “suspects” substitute “ suspect ”;

(b) in paragraph 4, for “Union territory” substitute “ territory of Great Britain to be transported to a third country ”;

(c) in paragraph 5—

(i) for “the Union”, in the first place where it occurs, substitute “ Great Britain ”;

(ii) for “Union market” substitute “ market in Great Britain or the Crown Dependencies ”;

(d) in paragraph 6—

(i) for “the Union”, in the first place where it occurs, substitute “ Great Britain ”;

(ii) for “Union territory” substitute “ territory of Great Britain and, where applicable, the Crown Dependencies ”.

(14) In Article 15(4), for “the Union” substitute “ Great Britain ”.

(15) In Article 17—

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

(b) in paragraph 1, after “acts” insert “ , or regulations (as the case may be), ”.

(16) In the heading to Chapter 4, for “Union territory” substitute “ territory of Great Britain ”.

(17) In the heading to Section 1, for “the Union” substitute “ Great Britain ”.

(18) In Article 18, for “the Union”, in both places where it occurs, substitute “ Great Britain ”.

(19) In Article 19—

(a) in the words before point (a)—

(i) for “the Union” substitute “ Great Britain ”;

(ii) after “composite products” insert “ from one third country to another third country ”;

(b) in point (e)—

(i) in point (i), for “Union territory” substitute “ territory of Great Britain to be transported to a third country ”;

(ii) in point (iii), for “Union territory” substitute “ territory of Great Britain or any of the territories of the Crown Dependencies ”;

(iii) in point (iv), for “Union, where,” substitute “ territory of Great Britain to travel to a third country where ”.

(20) In Article 20, for “the Union” substitute “ Great Britain ”.

(21) In Article 21—

(a) in the heading, for “Union territory” substitute “ territory of Great Britain to travel to a third country ”;

(b) in paragraph 1—

(i) for “Union territory” substitute “ territory of Great Britain to travel to a third country ”;

(ii) for “the Union”, in the second place where it occurs, substitute “ Great Britain ”;

(iii) for “laid down in Annex to” substitute “ referred to in Article 2 of ”;

(c) in paragraph 2, for “the Union” substitute “ Great Britain ”.

(22) In Article 22—

(a) in paragraph 1—

(i) after “for transit”, insert “ from one third country to another third country ”;

(ii) for “the Union” substitute “ Great Britain ”;

(b) in paragraph 3(b), for “the Union” substitute “ Great Britain ”;

(c) in paragraph 4(a), for the words from “the pests” to the end substitute “ GB quarantine pests or provisional GB quarantine pests and, in the case of GB pest-free areas, with the PFA quarantine pest in respect of which the area was established; ”.

(23) In Article 23(2)(b), for the words from “Articles” to the end substitute “ section 25 or 100A of the Customs and Excise Management Act 1979 M3 , Article 51 of Council Regulation (EEC) No 2913/92 M4 , or paragraphs 2 and 3 of Schedule 2 to the Taxation (Cross-border Trade) Act 2018; ”.

(24) In Article 24—

(a) in point (a)—

(i) in the words before point (i), for “Union territory” substitute “ territory of Great Britain ”;

(ii) in point (ii), after “destination” insert “ in a third country ”;

(b) in point (c), for “Union territory” substitute “ territory of Great Britain or any of the territories of the Crown Dependencies ”;

(c) in point (d), for “Union” substitute “ territory of Great Britain to travel to a third country ”.

(25) In Article 25, for “Member States” substitute “ The competent authority ”.

(26) In Article 27(2) and (3), after “Regulation (EU) No 952/2013” insert “ or Part 9 of the Customs (Import Duty) (EU Exit) Regulations 2018 M5 ”.

(27) In Article 28(c), for “the Union”, in both places where it occurs, substitute “ Great Britain ”.

(28) In Article 29—

(a) in the heading, for “Union” substitute “ territory of Great Britain to travel to a third country ”;

(b) in point (c), for “set out in the Annex to” substitute “ referred to in Article 2 of ”.

(29) In Article 31—

(a) for “Union territory”, in each place where it occurs (including the heading), substitute “ territory of Great Britain to travel to a third country ”;

(b) in paragraphs 1, 3 and 5, for “the Union”, in each place where it occurs, substitute “ Great Britain ”;

(c) in paragraph 3(b), omit “or existing national systems”;

(d) in paragraph 4, for “the Union”, in the second place where it occurs, substitute “ Great Britain ”.

(30) In the heading to Section 3, for “Union territory” substitute “ territory of Great Britain to be transported to a third country ”.

(31) In Article 32—

(a) for “Union territory”, in each place where it occurs (including the heading), substitute “ territory of Great Britain ”;

(b) in paragraph 2—

(i) after “official certificate” insert “ prepared ”;

(ii) for “set out in Annex to” substitute “ referred to in Article 2 of ”.

(32) In Article 33—

(a) for “Union territory”, in each place where it occurs (including the heading), substitute “ territory of Great Britain to be transported to a third country ”;

(b) in paragraph 1—

(i) after “where” insert “ products of animal origin, ”;

(ii) after “by-products,” insert “ derived products, ”;

(c) in paragraph 2, for “part III of the official certificate in accordance with the model set out in Annex to” substitute “ the relevant part of the official certificate prepared in accordance with the model referred to in ”.

(33) Omit Article 34.

(34) In Article 35—

(a) for “Union territory”, in both places where it occurs (including the heading), substitute “ territory of Great Britain or any of the territories of the Crown Dependencies ”;

(b) in paragraph 1—

(i) after “official certificate” insert “ prepared ”;

(ii) for “set out in Annex to” substitute “ referred to in Article 2 of ”;

(c) after paragraph 1 insert—

“1A.   Where the competent authority responsible for controls at the NATO or US military base at the place of destination performs the controls in paragraph 2 and does not enter the outcome of these controls in the appropriate computerised information management system, the competent authority of the border control post which authorised the movement of goods to the NATO or US military base must make such entry promptly upon receiving notification of the outcomes of such controls.”;

(d) in paragraph 2—

(i) for the words from the beginning to “perform” substitute “ The controls referred to in paragraph 1A are ”;

(ii) after “official certificate” insert “ prepared ”;

(iii) for “laid down in Annex to” substitute “ referred to in Article 2 of ”;

(iv) for “Regulation (EU) 2019/2128” to “verify” substitute “ Regulation (EU) 2019/2128, including verification ”;

(v) omit the final sentence.

(35) Omit Article 36.

(36) In the heading to Chapter 5, for “one part of the Union territory to another part of the Union territory” substitute “ Great Britain to any of the Crown Dependencies or from any of the Crown Dependencies to Great Britain ”.

(37) In Article 37—

(a) in paragraph 1—

(i) omit “of the Member States”;

(ii) for “one part of the Union territory to another part of the Union territory” substitute “ Great Britain to any of the Crown Dependencies or from any of the Crown Dependencies to Great Britain ”;

(b) in paragraph 2—

(i) after “paragraph 1” insert “ from any of the Crown Dependencies ”;

(ii) for “re-introduced into the Union territory” substitute “ introduced into Great Britain ”;

(c) in paragraphs 3 and 4, for “re-introduction into the Union” substitute “ introduction into Great Britain ”;

(d) in paragraph 5—

(i) for “one part of the Union territory” substitute “ Great Britain ”;

(ii) for “another part of the Union territory” substitute “ any of the Crown Dependencies ”;

(iii) for “the Union territory”, in the third place where it occurs, substitute “ Great Britain ”;

(e) in paragraph 6—

(i) in the words before point (a), for “the Union” substitute “ Great Britain ”;

(ii) in point (b), for “DIFFERENT PARTS OF THE EUROPEAN UNION” substitute “ GREAT BRITAIN AND THE CHANNEL ISLANDS OR THE ISLE OF MAN ”.

(38) Omit Articles 38 and 40 to 48.

(39) After Article 49, omit the words from “This Regulation” to “Member States.”.

Commencement Information

I1 Reg. 26 in force at 31.12.2020 on IP completion day, see reg. 1(2)

Marginal Citations

M1 EUR 2019/2124.

M2 1979 c.2; section 25A was substituted by S.I. 1991/2724 and amended by S.I. 1993/3014 and 2011/1043, and section 29 of, and paragraphs 3 and 17 of Schedule 7 to, the Taxation (Cross-border Trade) Act 2018 (c. 22).

M3 Section 25 was substituted by S.I. 1991/2724 and amended by S.I. 1992/3095, 1993/3014, 2011/1043, and section 29 of, and paragraphs 3 and 16 of Schedule 7 to, the Taxation (Cross-border Trade) Act 2018 (c. 22); section 100A was inserted by section 8 of, and Part 1 of Schedule 4 to, the Finance Act 1984 (c.43).

M4 OJ No L 302, 19.10.1992, p.1; as last amended and then repealed with effect from 1 June 2016 by Regulation (EU) No 952/2013 (OJ No L 269, 10.10.2013, p.1).

M5 S.I. 2018/1248, as amended by S.I. 2019/1346 and prospectively by S.I. 2019/486; there are other amendments which are not relevant to these Regulations.