The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) (No. 2) Regulations 2024

Made: 5th November 2024

Laid before the Scottish Parliament: 7th November 2024

Coming into force: 18th December 2024

There has been consultation as required by Article 9 of Regulation 178/2002 and as required by Article 144(7) of Regulation 2017/625.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) (No. 2) Regulations 2024 and come into force on 18 December 2024.

• (2) These Regulations extend to Scotland only.

Amendment of Commission Implementing Regulation (EU) 2019/1793

2

• (1) Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries[^f00003] is amended as follows.

• (2) In Article 1(1)(b) (subject matter and scope), after “pesticide residues” omit “,pentachlorophenol and dioxins”.

• (3) In Article 3(d) (sampling and analyses), for “Annex II”, substitute “Annex I”.

• (4) In Article 10 (results of sampling and analyses performed by the competent authorities of the third country)—

• (a) in paragraph (2), omit sub-paragraph (c),

• (b) omit paragraph (3).

• (5) For Annex I[^f00004] (food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points), substitute the Annex in schedule 1 of these Regulations.

• (6) For Annex II[^f00005] (food and feed from certain third countries subject to special conditions for entry into Great Britain due to contamination risk by mycotoxins, including aflatoxins, pesticide residues and microbiological contamination), substitute the Annex in schedule 2 of these Regulations.

SCHEDULE 1 — New Annex I of Commission Implementing Regulation (EU) 2019/1793

SCHEDULE 2 — New Annex II of Commission Implementing Regulation (EU) 2019/1793

Signed

JENNI MINTO — Authorised to sign by the Scottish Ministers — 5th November 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries (“Regulation (EU) 2019/1793”).

Regulation 2(2) and (4) make consequential amendments to Regulation (EU) 2019/1793 following the deletion of guar gum in Annex II in these Regulations.

Regulation 2(3) amends Regulation (EU) 2019/1793 to make provision in relation to sampling and analysis for the hazard pentachlorophenol and dioxins in guar gum listed in Annex I.

Regulation 2(5) provides that Annex I of Regulation (EU) 2019/1793 is substituted, with amendments, with a new Annex I in schedule 1 of the Regulations, which contains a list which sets out food and feed of non-animal origin from certain third countries which is subject to a temporary increase of official controls at border control posts and control points in Great Britain.

Regulation 2(6) provides that Annex II of Regulation (EU) 2019/1793 is substituted, with amendments, with a new Annex in schedule 2 of these Regulations. The new Annex II in schedule 2 comprises two tables. Table 1 contains the list of food and feed from certain third countries subject to special conditions for entry into Great Britain due to contamination risk by mycotoxins, including aflatoxins, pesticide residues and microbiological contamination. Table 2 contains the list of compound food containing any of the foods listed in Table 1 of Annex 2 due to the risk of contamination by aflatoxins in a quantity above 20% of either a single product or as the sum of those products.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen. A Child Rights and Wellbeing Impact Assessment has been prepared and is available online at legislation.gov. A Policy Note has been published alongside this instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: EUR 2002/178, as amended by S.I. 2019/641 and S.I. 2020/1504.

[^f00002]: EUR 2017/625, as amended by S.I. 2020/1481.

[^f00003]: EUR 2019/1793, as amended by S.I. 2020/16.

[^f00004]: EUR 2019/1793, as amended by S.S.I. 2022/341 and S.S.I. 2024/12.

[^f00005]: EUR 2019/1793, as amended by S.S.I. 2022/341 and S.S.I. 2024/12.

[^f00006]: EUR 2005/396, as amended by S.I. 2019/557. S.I. 2019/557 was amended by S.I. 2019/1410 and S.I. 2020/1376.

[^f00007]: EUR 2004/852, as amended by S.I. 2019/642.

[^f00008]: EUR 2005/396, amended by S.I. 2019/557. S.I. 2019/557 was amended by S.I. 2020/1376.