The Official Controls (Miscellaneous Amendments) Regulations 2024

Amendments to Annex 6 to the Official Controls Regulation

4.—(1) Annex 6 to the Official Controls Regulation is amended as follows.

(2) In Part 1, in paragraph 2—

(a) after the definition of “appropriate frequency rate” insert—

““designated border control post”, in relation to any particular category of goods included in a consignment, means a border control post designated in relation to goods of that category;”;

(b) in the appropriate place insert—

““free circulation under Union customs legislation”, in relation to relevant goods, means that the goods were declared, in accordance with European Union customs legislation, for a procedure corresponding to the free-circulation procedure referred to in section 3(3)(a) of the Taxation (Cross-border Trade) Act 2018;”;

(3) In Part 2—

(a) in paragraph 5, in the text inserted into Article 44, for paragraph 1B substitute—

“1B.   The following categories of relevant goods mentioned in Article 47(1)(a) or (b) from a relevant third country may enter Great Britain through any point of entry—

(a) live animals; and

(b) goods exempted from Article 47(1) in accordance with assimilated direct minor legislation or any regulations made under Article 48(d).

1BA.   From 30th April 2024, and subject to paragraphs 1BB and 1BC, relevant goods mentioned in Article 47(1)(b) or (d) (other than those falling within paragraph 1B) from a relevant third country must enter Great Britain through a designated border control post.

1BB.   Relevant goods falling within paragraph 1BA coming to Great Britain directly from the Republic of Ireland which—

(a) originate in a territory subject to special transitional import arrangements, or

(b) are in free circulation under Union customs legislation,

may enter Great Britain either through a designated border control post or, as regards England and Wales, through any point of entry mentioned in paragraph 1BC.

1BC.   The points of entry referred to in paragraph 1BB are—

(a) in relation to England, Heysham; and

(b) in relation to Wales, any point of entry in Wales.

1BD.   From 30th April 2024, and subject to paragraphs 1BE and 1BF, relevant goods mentioned in Article 47(1)(c) which are listed in accordance with Article 72(1) of the Plant Health Regulation must enter Great Britain through a designated border control post.

1BE.   Relevant goods listed in Annex 8 which either—

(a) originate in a territory subject to special transitional import arrangements, or

(b) are in free circulation under Union customs legislation,

may enter Great Britain through any point of entry.

1BF.   Relevant goods falling within paragraph 1BD coming to Great Britain directly from the Republic of Ireland which either—

(a) originate in a territory subject to special transitional import arrangements, or

(b) are in free circulation under Union customs legislation,

may enter Great Britain either through a designated border control post or through any point of entry mentioned in paragraph 1BG.

1BG.   The points of entry referred to in paragraph 1BF are—

(a) in relation to England, Heysham;

(b) in relation to Wales, Fishguard and Holyhead;

(c) in relation to Scotland, Cairnryan.”;

(b) in paragraph 6—

(i) in sub-paragraph (a), in the text inserted into Article 47, for the words from “any of” to “consignments” substitute “a border control post, at another point of entry into Great Britain or at the destination of the consignment”;

(ii) for sub-paragraph (b) substitute—

“(b) in paragraph 5, for the words from “animals” to the end, substitute “relevant goods entering Great Britain from a relevant third country are presented for official controls, as required by the competent authority, at a border control post, another point of entry or at the destination of a consignment.”;

(c) in paragraph 8(a), in the text inserted into Article 49(1), for “any of the places specified in Article 44(3)” substitute “a border control post, at another point of entry into Great Britain or at the destination of a consignment.”;

(d) in paragraph 13, in the inserted Article 56A—

(i) after paragraph 2 insert—

“2A.   From 30th April 2024, prior notification required under this Article must be given by the operators responsible for a consignment by completing and submitting the relevant part of the CHED into the appropriate computerised information management system.”;

(ii) after paragraph 9B insert—

“10.   The CHED must be used by the competent authorities to—

(a) record the outcome of any official controls performed and any decisions taken in the light of those controls, including any decision to reject a consignment; and

(b) communicate the information referred to in sub-paragraph (a) through the appropriate computerised information management system.

11.   The competent authorities must finalise the CHED as soon as any official controls have been finalised and a decision on the consignment has been taken and recorded on the CHED.”.

(e) omit paragraph 13A and after paragraph 13A(1) insert—

“13B.   In Article 66, after paragraph 6, insert—

“6A.   This paragraph applies where—

(a) there is non-compliance with the rules referred to in Article 1(2) in relation to relevant goods, other than live animals, entering Great Britain from a relevant third country on or after 30th April 2024; and

(b) the competent authority considers that the non-compliance is minor and technical and does not pose a risk to human, animal or plant health or to the environment.

6B.   Where paragraph 6A applies—

(a) paragraph 1 applies as if—

(i) for “shall”, in the first three places where it occurs, there were substituted “may”; and

(ii) after “consignment and” insert “, where it does so,”;

(b) in paragraph 3, in the first place where it occurs, for “shall” there were substituted “may”; and

(c) in paragraph 6, for “shall” there were substituted “may”.”.”.

(1)

Paragraph 13A was renumbered as such by S.I. 2022/1315.