The Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Trade in Animals and Related Products (Scotland) Regulations 2012 (“the 2012 Regulations”) and Regulation (EU) 2017/625. The amendments relate to the transitional staging period provided for by Annex 6 to Regulation (EU) 2017/625 for official controls on imports of animals, animal products, plants, plant products and other objects which originate from certain third countries.

Regulations 2 and 3 amend provisions in the 2012 Regulations and Regulation (EU) 2017/625 which were made in exercise of powers conferred by the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the European Union, and which make provision regarding the importation of animals, animal products, plants, plant products and other objects during the transitional staging period.

Regulation 2 amends paragraph 4(3) of schedule 5 of the 2012 Regulations and makes provision that requirements for pre-notification of animal products which apply from 1 January 2022 do not apply to goods produced or processed in Northern Ireland or the Republic of Ireland, and imported into Scotland from the Republic of Ireland.

Regulation 3 amends paragraph 13 of Annex 6 to Regulation (EU) 2017/625 (inserting new Article 56A into Regulation (EU) 2017/625 for the purposes of the transitional staging period) to substitute a new paragraph 5 of Article 56A to provide an exception from the requirements applying from 1 January 2022 for operators to give prior notification of the import of products of animal origin intended for human consumption, certain regulated plants, plant products and other objects, for goods produced or processed in Northern Ireland or the Republic of Ireland, and imported into Scotland from the Republic of Ireland. The new paragraph 5 also re-states an exception from those requirements already in place: that the requirements do not apply to goods which form part of passengers’ personal luggage and are intended for personal consumption or use, and which are exempt, during the transitional staging period, from official controls at border control posts, or to small consignments of such goods sent to natural persons and which are not intended to be placed on the market.

A Business and Regulatory Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.