The Official Controls (Miscellaneous Amendments) Regulations 2024

Amendments to Commission Implementing Regulation (EU) 2019/2129

12.—(1) Commission Implementing Regulation (EU) 2019/2129 establishing rules for the uniform application of frequency rates for identity checks and physical checks on certain consignments of animals and goods entering the Union(1) is amended as follows.

(2) In Article 2(2), at the end insert—

“4.   ‘Dogchews’ has the meaning given by point 17 of Annex 1 to Regulation 142/2011;

5.   ‘Meat’ has the meaning given by point 1.1 of Annex 1 to Regulation 853/2004;

6.   ‘Poultry’ has the meaning given by point 1.3 of Annex 1 to Regulation (EC) 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin;

7.   ‘Poultry meat’ means meat which come from the edible parts of poultry;

8.   ‘Poultry meat products’ means processed products resulting from the processing of poultry meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat.”.

(3) In Article 4(3)—

(a) in paragraph 1, at the end insert “, except where paragraphs 3 to 8 apply.”;

(b) at the end insert—

“3.   Where the appropriate authority has conducted an assessment in relation to—

(a) the risks attached to the importation of—

(i) a species or category of animal, or

(ii) a category of goods mentioned in paragraph 1, and

(b) the risks posed by the importation of that category of animals or goods from (as the case may be) a particular region, third country, or part of a country,

the appropriate authority may determine the frequency rate which is to apply to that category of animals or goods.

4.   In determining the frequency rate to apply in accordance with paragraph 3, the appropriate authority musttake into account the factors specified in Article 44(2) of the Official Controls Regulation.

5.   Where, in accordance with paragraph 3, the appropriate authority has determined the frequency rate to apply to a species of animal or category of goods or products, the authority must publish the frequency rate online.

6.   Where—

(a) the appropriate authority has concluded an agreement as referred to in paragraph 2, or

(b) direct assimilated legislation or other national rules require an increase in the frequency rates published online,

the frequency rates determined in accordance with paragraph 3 must be increased, or as the case may be, decreased, in accordance with the requirements of that agreement, legislation or rule.

7.   The frequency rates determined by the appropriate authority under or in accordance with this Regulation, in relation to—

(a) meat and edible offal of sheep, fresh, chilled or frozen, originating in New Zealand,

(b) poultry meat products originating in China or Thailand, and

(c) pet food and dogchews originating in any third country,

must be no lower than the frequency rates applying in relation to corresponding goods being imported into Northern Ireland.

8.   In this Article, a reference to the determination of the frequency rate by the appropriate authority includes the redetermination of the rate from time to time.”.

(1)

EUR 2019/2129, amended by S.I. 2020/1481.

(2)

Article 2 was amended by S.I. 2020/1481.

(3)

Article 4(2) was substituted by S.I. 20201481.