The Official Controls (Extension of Transitional Periods) (England and Wales) (Amendment) Regulations 2021

Statutory Instruments

2021 No. 1096

Animals, England And Wales

Food, England And Wales

The Official Controls (Extension of Transitional Periods) (England and Wales) (Amendment) Regulations 2021

Made

at 10.17 a.m. on 28th September 2021

Laid before Parliament

at 2.30 p.m. on 28th September 2021

Coming into force

29th September 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by Article 144(6) of, and paragraph 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(1).

In accordance with Article 144(7) of Regulation (EU) 2017/625, 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.

In accordance with Article 3(2B)(b)(i) of Regulation (EU) 2017/625(2), the Welsh Ministers have consented to the Secretary of State making these Regulations in relation to their application in Wales.

Citation, commencement, extent and application

1.—(1) These Regulations—

(a) may be cited as the Official Controls (Extension of Transitional Periods) (England and Wales) (Amendment) Regulations 2021; and

(b) come into force on 29th September 2021.

(2) This regulation and regulations 2 and 4 extend to England and Wales.

(3) Regulation 3 applies in relation to England only.

Amendments to Regulation (EU) 2017/625

2.—(1) 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 is amended as follows.

(2) In Annex 6, in paragraph 13, in the text of Article 56A, as inserted for the purposes mentioned in paragraph 3 of Annex 6—

(a) in paragraph (4), for “the relevant date” substitute “1st January 2022”;

(b) omit paragraph (5).

Amendments to the Trade in Animals and Related Products Regulations 2011

3.—(1) The Trade in Animals and Related Products Regulations 2011(3) are amended as follows.

(2) In Schedule 5—

(a) in paragraph 5(3), for “1st October 2021” substitute “1st January 2022”;

(b) in paragraph 6—

(i) omit sub-paragraph (1)(c);

(ii) in sub-paragraph (2) omit “and (c)”.

Amendment to the Official Controls (Extension of Transitional Periods) Regulations 2021

4.  In regulation 2 of the Official Controls (Extension of Transitional Periods) Regulations 2021(4) omit paragraph (a).

Benyon of Englefield

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

At 10.17 a.m. on 28th September 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Official Controls (Extension of Transitional Periods) Regulations 2021 (S.I. 2021/809) to remove one of the provisions appointing the end date in England and Wales for “the transitional staging period” (defined in Annex 6 to Regulation (EU) 2017/625 (EUR 2017/625)) in respect of documentary checks for products of animal origin and certain types of animal by-product.

The Regulations also amend Regulation (EU) 2017/625 and the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197) (“TARP Regulations”) to change the date from which the requirement for prior notification of imports into England (and, in the case of Regulation (EU) 2017/625, England and Wales) of products of animal origin applies to 1st January 2022. The TARP Regulations are also amended to remove the provision for a health certificate for products of animal origin and certain types of animal by-product to be required for these goods before the end of the transitional staging period.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

EUR 2017/625. Article 144 is substituted, and Annex 6 inserted, by S.I. 2020/1481. Annex 6 is amended by S.I. 2021/429 and 2021/809.

(2)

Article 3(2B) is inserted by S.I. 2020/1481.

(3)

S.I. 2011/1197; relevant amending instruments are S.I. 2020/1462, 2021/429 and 2021/809.

(4)

S.I. 2021/809.