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

Commission Delegated Regulation (EU) 2019/2123 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts

25.—(1) Commission Delegated Regulation (EU) 2019/2123 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts(1) is amended as follows.

(2) In Article 1—

(a) in paragraph 1(a)—

(i) in point (i)—

(aa) after “Council” insert “other than those specified in paragraph 1A,”;

(bb) after “in accordance with” insert “or regulations made under,”;

(cc) for “53(3)” substitute “53(2)”;

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

(b) in paragraph 1(b), at the end insert “, other than those specified in paragraph 1A”;

(c) after paragraph 1, insert—

“1A.   This Regulation does not apply to consignments of plants, plant products, and other objects referred to in Articles 72(1) and 74(1) of Regulation (EU) 2016/2031 entering Great Britain from a relevant third country during the transitional staging period where such consignments:

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

(b) are not presented to a border control post for official controls.

1B.   In paragraph 1A ‘the transitional staging period’ and ‘relevant third country’ have the meanings given in Annex 6 to Regulation (EU) 2017/625.”;

(d) in paragraph 2, for “the Union” substitute “Great Britain from a third country”.

(3) After Article 1 insert—

“Article 1A Definitions

In this Regulation:

(a) ‘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) ‘the competent authority’ has the meaning given in Article 3(3) of Regulation (EU) 2017/625;

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

(d) ‘GB quarantine pest’ has the meaning given in Article 4 of Regulation (EU) 2016/2031;

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

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

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

(4) In Article 2—

(a) in paragraph 1—

(i) in point (c), for “has” substitute “have”;

(ii) in point (d), for the words from “information” to “(‘IMSOC’)” substitute “appropriate computerised information management system”;

(iii) in point (g)(i)—

(aa) after “in accordance with”, in the first place where it occurs, insert “, or regulations made under,”;

(bb) for “53(3)” substitute “53(2)”;

(iv) in point (h), for the words from “kept a” to the end substitute “provided or made available to the customs authorities a copy of that CHED in accordance with paragraph 7(1)(b) and (2) of Schedule 1 to the Taxation (Cross-border Trade) Act 2018(2).”;

(b) in paragraph 2, for “IMSOC”, in both places where it occurs, substitute “the appropriate computerised information management system”;

(c) omit paragraph 3.

(5) In Article 3(1), in the words before point (a), after “acts” insert “and regulations”.

(6) In Article 4(1)(b)—

(a) after “in accordance with” insert “, or regulations made under,”;

(b) for “53(3)” substitute “53(2)”.

(7) In Article 5—

(a) in paragraph 1, 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.”;

(b) omit paragraphs 2 and 3.

(8) In Article 6—

(a) in paragraph 2, for “IMSOC” substitute “the appropriate computerised information management system”;

(b) in paragraph 3, omit “, or where Article 2(3) applies, the CHED referred to in point (c) of Article 2(1),”;

(c) in paragraph 4, for the words from “keep a” to the end substitute “provide or make available to the customs authorities a copy of that CHED in accordance with paragraph 7(1)(b) and (2) of Schedule 1 to the Taxation (Cross-border Trade) Act 2018.”.

(9) In Article 7—

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

(b) in point (a), omit the words from “, provided” to “consignment”;

(c) in point (b), for “the Union” substitute “Great Britain”.

(10) In Article 8(1)(a)(i), (ii) and (iii), for “IMSOC” substitute “the appropriate computerised information management system”.

(11) In Article 10, omit the fourth sentence.

(12) After Article 10, omit the words from “This Regulation” to “Member States.”.

(1)

EUR 2019/2123.

(2)

2018 c. 22.