The Official Controls (Miscellaneous Amendments) Regulations 2024

Transitory derogations relating to the presentation of official certificates at border control posts

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(1), 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(2) 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(3); 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.

(1)

“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.

(2)

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.

(3)

Articles 3 and 4 were amended by S.I. 2020/1631.