The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make changes to “the transitional staging period” (“the TSP”), which is defined in 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 (EUR 2017/625) (“the Official Controls Regulation”). During the TSP, the requirements for certain official documents to accompany goods on entry into Great Britain and for the performance of official controls in relation to some categories of animals, plants and other goods imported into Great Britain from “relevant third countries” (also defined in Annex 6 to the Official Controls Regulation) have been temporarily eased. These Regulations extend the TSP by amending its end date to 29th April (regulation 2).

Regulation 3 amends the Meat Preparations (Amendment and Transitory Modification) (England) (EU Exit) Regulations 2020 (S.I. 2020/1666) to extend the temporary suspension of the requirement for meat preparations to be deep frozen where they are imported into England from EEA member States, the Faroe Islands, Greenland or Switzerland, until 29th April 2024.

Regulation 4, which applies in relation to England and Wales, and Scotland, amends the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482) (“the 2020 Regulations”) to end the exemption from the requirement for a phytosanitary certificate to accompany some categories of plants, plant products and other objects. From 31st January 2024, plants, plant products and other objects imported into Great Britain from an EU Member State, Liechtenstein or Switzerland will require a phytosanitary certificate unless now exempted under regulation 52 of the 2020 Regulations (exemptions for certain plants now specified in new Schedule 2A to the 2020 Regulations and for plants forming part of a traveller’s personal luggage that are not to be used for professional or commercial purposes). Regulation 4 also includes transitional provision to permit plants, plant products and other objects dispatched from their point of origin to enter Great Britain without a certificate where they are dispatched before the new requirement for a phytosanitary certificate comes into force.

Regulations 5 to 8 amend the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197) and corresponding legislation in Wales and Scotland (S.I. 2011/2379 (W. 252) and S.S.I. 2012/177) (“the respective TARP legislation”). They amend provisions in Schedule 5 to each instrument which permit products of animal origin and animal by-products to enter Great Britain without a health certificate during the TSP. From 31st January 2024, certain categories of products of animal origin, animal by-products and derived products will be required to be accompanied by a UK health certificate in the form published online, while the remainder will be required to be accompanied by a commercial document identifying the premises of origin and destination, and containing a description of the product and its quantity.

Regulations 5 to 8 also amend the respective TARP legislation, again in Schedule 5 in each case, to limit the exemption from the requirement for prior notification which applies to products of animal origin and certain animal by-products produced in Northern Ireland or the Republic of Ireland and imported into Great Britain from the Republic of Ireland, so that it now applies only in relation to “qualifying Northern Ireland goods” (defined by S.I. 2020/1454).

Regulation 9 (in relation to England and Wales, and Scotland) amends Annex 6 to the Official Controls Regulation to make a corresponding amendment in relation to exemptions from the requirement for prior notification of the entry of “relevant goods” into Great Britain from a relevant third country. It limits the exemption from the requirement for prior notification which applies in relation to such goods, and to certain plants, plant products and other objects, produced in Northern Ireland or the Republic of Ireland and imported directly from the Republic of Ireland, so that it now applies only in relation to “qualifying Northern Ireland goods” (defined by S.I. 2020/1454). The terms “relevant goods” and “relevant third country” for this purpose are defined in paragraph 2 of Annex 6 to the Official Controls Regulation. (“Relevant goods” are animals and goods in the categories specified in Article 47(1)(a) to (d) of that Regulation, except for goods listed in Annex 7 to that Regulation which come from a country of origin of a description specified in that Annex.)

Regulation 10 (in relation to England) corrects an error in the Official Controls (Extension of Transitional Periods) (England and Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/1443) in relation to a reference to a particular provision.

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.