The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019

(11) (1) A product that does not comply with import requirements and is sent from a border control post to a ship must be accompanied by the relevant health certificate relating to that product, and the master of the vessel must confirm delivery of the product by signing a certificate which must accompany the consignment to its place of destination. (2) Within 15 days of completion of delivery of products on board the vessel, the operator responsible for the delivery, or the representative of the master of the vessel, must send the official certificate signed by the master of the vessel (or send by electronic means and systems) to the competent authorities of the border control post of entry or the approved Customs warehouse.

• (k) omit paragraph 12.

• (37) In Schedule 3—

• (a) for paragraph 2 (Case 1: Personal imports and small consignments) substitute—

(2) Products referred to in Article 7 and Article 10 of the Commission Delegated Regulation adopted in accordance with Articles 48(d) and (e) of the EU Regulation .

• (b) in paragraph 4 (Case 3)—

• (i) for the heading substitute “ Research and diagnostic samples ”,

• (ii) for sub-paragraphs (1) to (4) substitute—

(1) Research and diagnostic samples as defined in point (38) of Annex 1 to Regulation (EU) No 142/2011 are exempt from veterinary checks at the border control post, provided that they have been authorised in advance by the Secretary of State and the consignment is sent directly from the point of entry to the authorised user. (2) In relation to such samples arriving in the United Kingdom and destined for a member State— (a) the importer or importer's representative must present research and diagnostic samples at a border control post of entry; and (b) the competent authority of the border control post must inform the competent authority of the member State of destination of the arrival of the samples.

• (c) in the heading to paragraph 5, for “another” substitute “ a ”;

• (d) in paragraph 5, for “another”, in the first place where it occurs, substitute “ a ”;

• (e) after paragraph 7, insert—

(1) (1) Invertebrate animals intended for scientific purposes such as research, educational activities or research related to product development activities are exempt from official controls at border control posts, other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014 , provided that— (a) they comply with all requisite animal health requirements; (b) they have been authorised by the Secretary of State; (c) when the activities relating to the scientific purposes have been carried out, they and any products derived from them, with the exception of any portions used for the scientific purposes, must be disposed of or re-dispatched to the third country of origin. (2) Paragraph (1) does not apply to honey bees (Apis mellifera), bumble bees (Bombus spp), molluscs belonging to the phylum Mollusca or crustaceans belonging to the subphylum Crustacea.

Amendment to the Veterinary Medicines Regulations 2013

27

The Veterinary Medicines Regulations 2013 are amended as follows—

• (a) in regulation 2(2)—

• (i) omit the definition of “Regulation (EC) No 882/2004”; and

• (ii) after the definition of Regulation (EC) No 1831/2003 insert—

• “Regulation (EU) 2017/625” means 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 ;

• (b) in regulation 45(3)(c), for “Regulation (EC) No 882/2004” substitute “ Regulation (EU) 2017/625 ”;

• (c) for regulation 46(3)(f) substitute—

(f) “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;

• (d) in Schedule 5—

• (i) in the Contents, in item 4, for “Regulation (EC) No 882/2004” substitute “ Regulation (EU) 2017/625 ”, and

• (ii) in paragraph 4, and the heading to that paragraph, for “Regulation (EC) No 882/2004” substitute “ Regulation (EU) 2017/625 ”.

Amendment to the Welfare of Animals at the Time of Killing (England) Regulations 2015

28

• (1) The Welfare of Animals at the Time of Killing (England) Regulations 2015 are amended as follows.

• (2) In regulation 4(1)(c)(iii), for “Article 22(1)” substitute “ Article 138 (actions in the event of established non-compliance) 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 ”.

Amendment to the Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018

29

Regulation 38 of the Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 is revoked.

Amendment to the Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018

30

The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 are amended as follows—

• (a) in regulation 2—

• (i) omit the definition of “Regulation 882/2004”; and

• (ii) after the definition of Regulation 668/2014, insert—

• “Regulation (EU) 2017/625” means 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;

; and

• (b) in regulation 5(2)(a), for “Regulation 882/2004” substitute “ Regulation (EU) 2017/625 ”.

Amendment to the Carcase Classification and Price Reporting (England) Regulations 2018

31

In regulation 2(1) of the Carcase Classification and Price Reporting (England) Regulations 2018 , in the definition of “bovine carcase”, for the words “provided for in Article 5(2)” to the end substitute “ as defined in Article 3(51) 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 ”.

Amendment to the Transmissible Spongiform Encephalopathies (England) Regulations 2018

32

• (1) The Transmissible Spongiform Encephalopathies (England) Regulations 2018 are amended as follows.

• (2) In regulation 2—

• (a) number the first paragraph as paragraph (1);

• (b) in the definition of “cutting plant”, for “Article 31(2) of Regulation (EC) No 882/2004” substitute “Article 148(3) of Regulation (EU) 2017/625”;

• (c) in the definition of “slaughterhouse”, for “Article 31(2) of Regulation (EC) No 882/2004” substitute “Article 148(3) of Regulation (EU) 2017/625”; and

• (d) for paragraph (2) substitute—

(2) “Regulation (EU) 2017/625” means 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 ;

PART 6 — Amendments to secondary legislation relating to plant health fees in England

The Plant Health (Export Certification) (England) Order 2004

33

In the Plant Health (Export Certification) (England) Order 2004 —

• (a) in article 3(2)(a), for “of the services listed in the first column of Schedule 3” substitute “ services ”;

• (b) omit article 4;

• (c) omit Schedule 3.

The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004

34

In the Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 —

• (a) in article 3(2)(a), for “of the services listed in the first column of Schedule 3” substitute “ services ”;

• (b) omit article 4;

• (c) omit Schedule 3.

The Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006

35

In the Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006 —

• (a) omit article 7;

• (b) omit Schedule 1.

The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

36

• (1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 are amended as follows.

• (2) After regulation 1 insert—

(1A) (1) In these Regulations, insofar as they apply in relation to England— - “approved place of inspection” has the meaning given in article 3 of the Order; - “controlled consignment” means a consignment which— 1. is introduced into England from a third country; and 2. consists of, or includes— 1. isolated bark of a type that is described in the lists of the Phytosanitary Conditions Regulation that apply for the purposes of Articles 72(1) and 74(1) of the EU Plant Health Regulation, or in a decision adopted before 14th December 2019 by the European Commission pursuant to Article 16(3) of Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ; or 2. wood of a type that is described in the lists or a decision mentioned in paragraph (i), other than wood packaging material which is actually in use in the transport of objects of all kinds; - “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants ; - “licence” means an authorisation for the purposes of any derogation described in Article 8(1) or 48(1) of the EU Plant Health Regulation; - “the Phytosanitary Conditions Regulation” means the implementing act adopted by the European Commission pursuant to Articles 5(2), 32(3), 37(2) and (4), 40(2), 41(2), 53(2), 54(2), 72(1), 73, 74(2), 79(2) and 80(2) of the EU Plant Health Regulation; - “plant passport authority” means an authorisation described in Article 89(1) of the EU Plant Health Regulation; - “the Order” means the Plant Health (Forestry) Order 2005 ; - “remedial notice” means a notice served under article 31(1) or (4) of the Order; - “remedial work” means any steps taken by a person for the purposes of complying with a remedial notice, or by an inspector under article 32(1) of the Order; - “WPM authorisation” means an authorisation described in Article 98(1) of the EU Plant Health Regulation. (2) Words and expressions which are not defined in these Regulations and which appear in the EU Plant Health Regulation or in 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 have the same meaning in these Regulations as they have in the EU instrument in question.

• (3) In regulation 2, in the heading, at the end insert “ : Scotland ”.

• (4) In regulation 3—

• (a) after paragraph (5) insert—

(5A) The fee payable in connection with an application to the Forestry Commissioners for a phytosanitary certificate for export or phytosanitary certificate for re-export is the fee specified in Schedule 4A. (5B) The fee payable in connection with an application to the Forestry Commissioners for a WPM authorisation is the fee specified in Schedule 4B.

37

After Schedule 4 insert—

SCHEDULE 4A

(1) Service	(2) Fee
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate for export or a phytosanitary certificate for re-export	£15.00
The examination or testing of wood, wood products, isolated bark or used forestry machinery and associated activities (including travelling and office time):
aup to and including the first hour;	£27.00
bthereafter, for each additional 15 minutes or part thereof	£7.50.

SCHEDULE 4B

(1) Type of application	(2) Fee
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation	£400.00
Application for a renewal of an existing WPM authorisation	£120.00
Application for a re-assessment for the purposes a WPM authorisation	£120.00

The Plant Health etc. (Fees) (England) Regulations 2018

38

• (1) The Plant Health etc. (Fees) (England) Regulations 2018 are amended as follows.

• (2) For regulation 2 substitute—

(2) (1) In these Regulations, “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants . (2) Words and expressions which are not defined in these Regulations and appear in the EU Plant Health Regulation or in 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 have the same meaning in these Regulations as they have in the EU instrument in question.

• (3) In regulation 3—

• (a) in paragraph (1), for “listed in Schedule 5 to the 2015 Order” substitute “ described in the lists of the Phytosanitary Conditions Regulation that apply for the purposes of Articles 72(1) and 74(1) of the EU Plant Health Regulation ”;

• (b) in paragraph (3)—

• (i) for sub-paragraphs (a) and (aa) substitute—

(a) “controlled plant pest” means— (i) a plant pest of a description specified in the lists of the Phytosanitary Conditions Regulation that apply for the purposes of Articles 5(2), 32(3) and 37(2) of the EU Plant Health Regulation; (ii) any other plant pest of a description specified in a decision adopted before 14th December 2019 by the European Commission pursuant to Article 16(3) of Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ; (aa) “Europe” includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Irkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);

• (ii) after sub-paragraph (ab) insert—

(aba) “the Phytosanitary Conditions Regulation” means the implementing act adopted by the European Commission pursuant to Articles 5(2), 32(3), 37(2) and (4), 40(2), 41(2), 53(2), 54(2), 72(1), 73, 74(2), 79(2) and 80(2) of the EU Plant Health Regulation;

• (iii) omit sub-paragraph (c).

• (4) In regulation 4—

• (a) in paragraph (2), in the words before sub-paragraph (a), after “out” insert “ by, or on behalf of, the Secretary of State ”;

• (b) in paragraph (6)(a), omit “conferred under article 29 of the 2015 Order”.

• (5) In regulation 5—

• (a) in paragraph (1)—

• (i) in sub-paragraph (a), at the end insert “ made to the Secretary of State ”;

• (ii) in sub-paragraph (b), at the end insert “ granted by the Secretary of State ”;

• (b) in paragraph (5), for “a licence described in article 40 or 41 of the 2015 Order” substitute “ an authorisation for the purposes of any derogation described in Article 8(1) or 48(1) of the EU Plant Health Regulation ”.

• (6) After regulation 5 insert—

(5A) (1) The fees specified in the table in Schedule 4A (“the table”) are payable in respect of the services described in column 1 of the table by a person who applies to the Secretary of State for a certificate or a pre-export service. (2) The amount of the fee in respect of any service described in column 1 of the table is— (a) in the case of a small exporter who, at the date of the application, has only been liable during the financial year in which the application is made to pay fees of £750 or less in respect of the services described in column 1 of the table, the amount specified in the corresponding entry in column 2 of the table; (b) in any other case, the amount specified in the corresponding entry in column 3 of the table. (3) The fees specified in columns 2 and 3 of the table in respect of an inspection of a consignment or an audit of a grain inspection are payable for each 15 minutes (or part thereof) spent in carrying out the inspection or audit and any associated activities, subject to the minimum fees specified in those entries. (4) Where a person submits an application for a certificate or a pre-export service or a request to amend a certificate in paper form (and not online), the following additional fee is payable in respect of the application or request— (a) in the case of a small exporter who, at the date of the application or request, has only been liable during the financial year in which the application or request is made to pay fees of £750 or less in respect of the services described in column 1 of the table, £7.88; (b) in any other case, £15.76. (5) In this regulation— - “certificate” means either a phytosanitary certificate for export or a phytosanitary certificate for re-export; - “pre-export service” means any plant health inspection or examination, including by the taking of samples, which is required to be carried out in relation to a plant, plant product or other object which is to be exported to a third country in order to satisfy the phytosanitary requirements of the third country, other than any such inspection or examination required for the issue of a certificate; - “small exporter” means a person who— 1. in the financial year in which the application or request is made— 1. is not a taxable person for the purposes of the Value Added Tax Act 1994 ; or 2. does not make a taxable supply of plants, plant products, seeds, soil or agricultural machinery for the purposes of the Value Added Tax Act 1994; or 2. in the financial year preceding the year in which the application or request is made, exported goods which were accompanied by a certificate the total value of which was less than £5,000.

• (7) In regulation 6(1), for “inspector” substitute “ official plant health officer ”.

• (8) Omit regulation 7.

• (9) In regulation 11—

• (a) in paragraph (1)—

• (i) in the words before sub-paragraph (a), for “registered plant trader” substitute “ registered professional operator ”;

• (ii) in sub-paragraph (b), for “trader's” substitute “operator's”;

• (b) omit paragraph (2).

• (10) After Schedule 4 insert—

SCHEDULE 4A

(1) Service	(2) Fee - Small Exporter (£)	(3) Fee – other Exporter (£)
Inspection of consignment	31.90 for each 15 minutes (or part thereof), subject to a minimum fee of 63.80	63.80 for each 15 minutes (or part thereof), subject to a minimum fee of 127.60
Audit of a grain inspection	13.20 for each 15 minutes (or part thereof), subject to a minimum fee of 26.40	26.40 for each 15 minutes (or part thereof), subject to a minimum fee of 52.80
Laboratory examination (including laboratory testing)	16.78 per sample tested	33.56 per sample tested
Issue of certificate	12.76 per certificate	25.52 per certificate
Amendment of a certificate at the request of the exporter	7.88 per certificate	15.76 per certificate

PART 7 — Review and revocation

Review

39

• (1) The Secretary of State, in relation to England, must from time to time—

• (a) carry out a review of the regulatory provision contained in these Regulations; and

• (b) publish a report setting out the conclusions of the review.

• (2) The first report must be published before 14th December 2024.

• (3) Subsequent reports must be published at intervals not exceeding 5 years.

• (4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must in particular—

• (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

• (b) assess the extent to which those objectives are achieved;

• (c) assess whether those objectives remain appropriate; and

• (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

• (5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Revocation

40

The Official Controls (Animals, Feed and Food) (England) Regulations 2006 are revoked.

Signed

Gardiner of Kimble — Parliamentary Under Secretary of State — 2019-12-03

We approve

Mike Freer — Colin Clark — Two of the Lords Commissioners of Her Majesty's Treasury — 2019-12-03

Explanatory note

(This note is not part of these Regulations)

Footnotes

The Plant Health etc. (Fees) (England) Regulations 2018

Editorial notes

Facilitating assistance and co-operation in England and Wales and Scotland in relation to matters falling within Articles 1(2)(i) and 1(2)(j) of the EU Regulation

9A

Regulation 9 applies in relation to England and Wales and Scotland insofar as it relates to matters falling within Article 1(2)(i) (organic production and labelling of organic products) and Article 1(2)(j) (use and labelling of protected designations of origin, protected geographical indications and traditional specialities guaranteed) subject to the following modifications—

• (a) in paragraph (1)—

• (i) in the opening words, as if “another member State” were omitted;

• (ii) in sub-paragraph (a), for “a competent authority of another country” there were substituted “ another competent authority ”;

• (b) as if paragraph (2) were omitted.

Recovery of expenses