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”.”.”.
5.—(1) This regulation applies during the period beginning with 30th April 2024 and ending with 31st July 2024, in relation to relevant goods originating in relevant third countries which—
(a)are required under the rules mentioned in Article 1(2)(a) to (g) of the Official Controls Regulation to be accompanied by official certificates; and
(b)enter Great Britain through a point of entry for which a border control post is designated.
(2) Where this regulation applies, the official certificates mentioned in paragraph (1)(a) may be either—
(a)presented at the border control post of first arrival—
(i)in the case of a phytosanitary certificate relating to plants, plant products or other objects(2), in paper or electronic form meeting the conditions in Article 76 of the Plant Health Regulation;
(ii)in any other case, as a paper certificate meeting the conditions in Article 3 of Regulation 2019/628 or an electronic certificate meeting the conditions in Article 4 of Regulation 2019/628; or
(b)presented to the competent authority of the border control post of first arrival—
(i)through the appropriate computerised information management system as a scanned copy of a certificate mentioned in sub-paragraph (a); and
(ii)attached to the common health entry document at the time that prior notification of arrival is given in accordance with Article 56A(3) of the Official Controls Regulation.
(3) Where an official certificate is presented to the competent authority of the border control post in accordance with paragraph (2)(b), the original of that certificate, in a form meeting the requirements mentioned in paragraph (2)(a)(i), (ii) or (iii) as the case may be, must be presented to the competent authority—
(a)where the official certificate is a phytosanitary certificate, within 3 working days beginning with the day of arrival of the consignment to which the certificate relates; or
(b)in any other case, within 5 working days beginning with the day of arrival of the consignment to which the certificate relates.
(4) In this regulation, the original of an official certificate means—
(a)a certificate signed and issued in accordance with Articles 88 and 89 of the Official Controls Regulation and—
(b)where the certificate is—
(i)a paper certificate, a certificate which meets the requirements of Articles 88 and 89 of the Official Controls Regulation and Article 3 of Regulation 2019/628(4); or
(ii)where the certificate is an electronic certificate, a certificate which meets the requirements of Article 39 of Regulation 2019/1715 and Article 4 of Regulation 2019/628.
Paragraph 13A was renumbered as such by S.I. 2022/1315.
“Phytosanitary certificate” has the meaning given by Article 71 of the Plant Health Regulation. Article 71 was amended by S.I. 2020/1482 and 2021/79.
Article 56A is a transitional provision inserted by paragraph 13 of Annex 6 to the Official Controls Regulation. It applies in relation to relevant goods entering Great Britain during the transitional staging period. Annex 6 was inserted by S.I. 2020/1481 and amended by S.I 2021/136, 429, 809 and 1096, 2022/621. 2022/1315, 2023/959 and 1131 and 2024/20, in relation to England and Wales by S.I. 2021/1443, and in relation to Scotland by S.S.I. 2021/342 and 493 and 2022/90.
Articles 3 and 4 were amended by S.I. 2020/1631.