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(This note is not part of the Regulations)
These Regulations amend Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts (EUR 2019/1012) (“the 2019 Regulation”).
“Border control post” is defined in Article 3(38) of 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”). The amendments relate to the conditions under which a border control post may, by way of derogation from Article 64(1) of the Official Controls Regulation, be located at a distance away from the immediate vicinity of a point of entry into England.
Regulation 2 amends Article 3(2) of the 2019 Regulation and inserts a new Article 3(2A) to amend the categories of what may be considered “geographical constraints” for these purposes. The conditions in Article 3(3) of the 2019 Regulation, which must be met for the derogation from Article 64(1) of the Official Controls Regulation to be applied, are amended. A new Article 3(5), listing the considerations that the competent authority must have regard to when deciding whether to designate a border control post under the derogation, is also inserted.
The Regulations apply in relation to England only.
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.
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