The Official Controls (Miscellaneous Amendments) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make changes to the operation of official controls during the transitional staging period (“the TSP”), established under 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 (“the Official Controls Regulation”), during which the requirements for certain official documents and for the performance of official controls in relation to some categories of animals, plants and other goods imported into Great Britain (“relevant goods”) have been temporarily eased. The TSP applies in relation to those categories of imports arriving in Great Britain from a European Economic Area member State, the Faroe Islands, Greenland or Switzerland (“relevant third countries”).

Regulation 4 amends Annex 6 to the Official Controls Regulation to introduce border controls on relevant goods coming to Great Britain from relevant third countries on or after 30th April 2024. These goods must, from 30th April 2024, be pre-notified by submitting a common health entry document through the import of products, food and feed system for Great Britain (“IPAFFS”) and, subject to certain exceptions, will be required to enter Great Britain through a border control post. Live animals may continue to enter Great Britain through any point of entry and checks will take place at the destination of the consignment. Relevant goods which are products of animal origin coming from the Republic of Ireland may also enter through any point of entry in Wales or through Heysham. Certain plants coming from the Republic of Ireland may also enter through specified points of entry in England, Wales and Scotland.

Regulation 4 includes a transitory derogation from enforcement provisions which would otherwise apply where there is a minor or technical breach of the rules referred to in Article 2(1) of the Official Controls Regulation which poses no risk to human, animal or plant health or to the environment.

Regulation 5 allows scanned copies of the official certificates required to accompany relevant goods entering Great Britain from relevant third countries to be accepted during the period beginning with 30th April and ending on 31st July 2024.

Part 3 makes changes to plant health legislation. Regulations 6 and 8 amend the Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021 (S.I. 2020/136) and Annex 6 and Annex 8 to the Official Controls Regulation, which supplement and modify the application of plant health rules in relation to certain categories of plants and plant products during the TSP. Regulation 7 and Schedule 1 amend Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031, as regards protective measures against pests of plants (EUR 2019/2072).

Part 4 makes amendments to certain exemptions from official controls, and to rules governing the determination of the frequency of physical and identity checks on goods entering Great Britain. Regulation 10 and Schedule 2 introduce a partial exemption from official controls for certain categories of products of animal origin and animal by-products entering Great Britain from specified third countries. These products are considered to present a low risk, or no specific risk, of harm and will be subject to checks on a random or risk basis rather than at a minimum frequency rate.

Regulation 12 amends 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 (EUR 2019/2129). This Regulation allows the minimum frequency of physical and identity checks on goods entering Great Britain from risk-assessed third countries to be determined by the competent authority and published online, rather than being prescribed by regulations. It also requires the frequency rates applying to retail goods from outside the European Economic Area subject to the Windsor Framework agreement with the European Union (C.P. 806) to be set at a rate no lower than that applying to the corresponding goods being imported into Northern Ireland.

Part 5 contains consequential and supplemental amendments to the Trade in Animal and Related Products Regulations (S.I. 2011/1197), the Trade in Animals and Related Products (Wales) Regulations 2011 (S.I. 2011/2379) (W. 252) and the Trade in Animals and Related Products (Scotland) Regulations 2012 (S.S.I. 2012/177).

An impact assessment for this instrument has been produced. It can be accessed at www.legislation.gov.uk. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk.