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

Transitional arrangements relating to model certificates for animals and products U.K.

34.—(1) This regulation applies during the transitional staging period in relation to the entry of animals and products into, or movement within or through, Great Britain.

(2) Where a provision in retained EU legislation—

(a) confers a function relating to the entry of animals and products into, or movement within or through, Great Britain; and

(b) provides for the presentation or other use of a published model certificate in connection with the exercise of those functions;

such a provision does not prevent the presentation or other use of a model certificate in the form set out in the text of such legislation, as it had effect immediately before IP completion day, instead of the corresponding published model certificate.

(3) Paragraph (4) applies where—

(a) immediately before IP completion day, a provision in a Directive—

(i) conferred a function relating to the entry of animals or products into, or movement within or through, a member State; and

(ii) provided for the presentation or other use of a model certificate in connection with the exercise of that function; and

(b) on or after IP completion day, either—

(i) the function does not form part of retained EU legislation; or

(ii) retained EU legislation confers a function relating to the presentation or other use of a corresponding published model certificate.

(4) Where this paragraph applies, a model certificate in the form set out in the Directive referred to in paragraph (3)(a), as it had effect immediately before IP completion day, may continue to be presented or otherwise used in connection with the entry and movement of animals and products into or through Great Britain during the transitional staging period.

(5) In this regulation—

“entry into Great Britain” has the meaning given in Article 3(40) of Regulation (EU) 2017/625 M1 ;

“model certificate” means a model form of health certificate or other document relating to the importation of animals or products, which provides certification or evidence of compliance with public, environmental or animal health and hygiene standards required for the purpose of entry into, or movement within or through, Great Britain or, as the case may be, an EEA state;

“product” means product of animal origin, germinal products, hay and straw, animal by-products and foodstuffs containing both products of plant origin and processed products of animal origin;

“products of animal origin”, “germinal products” and “animal by-products” have the meanings given in Article 3 of Regulation (EU) 2017/625;

“published model certificate” means a model certificate in the form published online by an appropriate authority, as amended from time to time;

“a territory subject to special transitional import arrangements” means an EEA state, the Faroe Islands, Greenland or Switzerland;

“third country” has the meaning given in given in Article 3(2D) of Regulation (EU) 2017/625 M2 ;

[F1 “the transitional staging period” means the period beginning on IP completion day and ending at the end of the day on 30th September 2021.]

Textual Amendments

F1 Words in reg. 34(5) substituted (30.7.2021) by The Official Controls (Extension of Transitional Periods) Regulations 2021 (S.I. 2021/809), regs. 1(1)(b), 8(2)

Commencement Information

I1 Reg. 34 in force at 31.12.2020 on IP completion day, see reg. 1(2)

Marginal Citations

M1 The definition of ‘entry into Great Britain’ in Article 3 of Regulation (EU) 2017/625 was inserted by S.I. 2020/1481.

M2 The definition of ‘third country’ in Article 3(2D) of Regulation (EU) 2017/625 was inserted by S.I. 2020/1481.