The Official Controls (Miscellaneous Amendments) Regulations 2024

Statutory Instruments

2024 No. 541

Animals

Food

Plant Health

Trade

The Official Controls (Miscellaneous Amendments) Regulations 2024

Made

at 10.02 a.m. on 22nd April 2024

Laid before Parliament

at 4.30 p.m. on 22nd April 2024

Coming into force

30th April 2024

The Secretary of State makes the following Regulations in exercise of the powers conferred by—

(a) Articles 72(3), 73(2), 76(4) and 105(6) of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants(1) (“the Plant Health Regulation”);

(b) Articles 22(2), 48(h), 54(3), 77(1), 90 and 144(6) of, and paragraphs 2 and 3(2) of Annex 6 to, Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products(2) “the Official Controls Regulation”.

In accordance with Article 144(7) of the Official Controls Regulation, before making these Regulations, the Secretary of State has consulted such bodies and persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by these Regulations and such other bodies or persons as the Secretary of State considers appropriate.

Risk assessments, carried out in accordance with Articles 72(3) and 73(2) of the Plant Health Regulation, demonstrate—

(a) that there is a risk that a specified plant hosts a GB quarantine pest(3) or a provisional GB quarantine pest and consequently that that plant should be listed in Part A of Annex 11 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031, as regards protective measures against pests of plants(4)(“the Phytosanitary Conditions Regulation”), in accordance with Article 72(3) of the Plant Health Regulation;

(b) that the risks posed by a plant listed in Part A of Annex 11 to the Phytosanitary Conditions Regulation no longer exists and consequently that reference to that plant should be removed from Part A of Annex 11 to that Regulation, in accordance with Article 72(3) of the Plant Health Regulation;

(c) that a phytosanitary certificate is no longer necessary for a plant listed in Part B of Annex 11 to the Phytosanitary Conditions Regulation and consequently that that plant should be listed under Part C of Annex 11 to the Phytosanitary Conditions Regulation, in accordance with Article 73(2) of the Plant Health Regulation.

In accordance with Article 3(2B) of the Official Controls Regulation and Article 2a(2) of the Plant Health Regulation, the Welsh Ministers, in relation to the application of these Regulations in relation to Wales, and the Scottish Ministers, in relation to the application of these Regulations in relation to Scotland, have consented to the making of these Regulations by the Secretary of State.

(1)

EUR 2016/2031 (“the Plant Health Regulation”). Articles 72, 73, 76 and 105 were amended by S.I. 2020/1482.

(2)

EUR 2017/625. Articles 22, 54, 77 and 90 were amended by S.I. 2020/1481. Article 48 was amended by S.I. 2020/1481 and 2022/1315. Article 144 was substituted, and Annex 6 inserted, by S.I. 2020/1481. Annex 6 was inserted for the purpose of the application of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (“the Official Controls Regulation”) in relation to the entry of relevant goods from a relevant third country during the transitional staging period. The terms “relevant goods”, “relevant third country” and “the transitional staging period” are defined in paragraph 2 of Annex 6, as amended by S.I. 2022/1315 and 2023/959. Annex 6 was amended by S.I. 2021/429, 809, 2022/621, 1315 and 2023/959, 1131, 2024/20 and S.I. 2024/[xxxx]. It was amended in relation to England and Wales by S.I. 2021/1096 and 1443 and in relation to Scotland by S.S.I. 2021/342, 493 and 2022/90.

(3)

See Articles 3 and 4 of the Plant Health Regulation, as amended by S.I. 2020/1482, for the definitions of “quarantine pest” and “GB quarantine pest”.

(4)

EUR 2019/2072, amended by S.I. 2020/1527, 1631, 2021/79, 136, 426, 641, 1171 and 1229, 2022/114, 484, 1090 and 1120 and 2023/497, 959 and 1131.