The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020

ANNEX 6 (1) This Annex applies during the transitional staging period to relevant goods which— (a) originate from a relevant third country; and (b) have been the subject of any requisite notification prior to their entry into Great Britain from a third country. (2) For the purposes of this Annex— - ‘appropriate frequency rate’ means, in relation to— 1. animals and goods other than those specified in point (b), the frequency of performance of official controls, determined by the competent authority in accordance with the factors specified in Article 44(2) and published online; 2. plants, plant products and other objects specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 , the frequencies established under Commission Implementing Regulation (EU) 2019/66 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods; - ‘prior notification’ means notification that has been given through the appropriate computerised information management system to the relevant competent authority in accordance with Article 56A; - ‘the relevant competent authority’ means the authority responsible, in accordance with legislation in force in the relevant constituent territory of Great Britain, for performing official controls on the particular category of relevant goods and at the particular place where the controls are to be carried out; - ‘relevant goods’ means animals and goods in the categories specified in Article 47(1)(a) to (c); - ‘relevant third country’ means— 1. a territory subject to special transitional import arrangements; or 2. a third country other than a territory subject to special transitional import arrangements where, before importation into Great Britain, the animals and relevant goods concerned— 1. have been presented to a member State border control post recognised by the appropriate authority; and 2. are accompanied by a CHED which has been completed to the satisfaction of the relevant competent authority; - ‘territory subject to special transitional import arrangements’ means— 1. in relation to relevant goods falling within Article 47(1)(a) and (b)— 1. an EEA state; 2. the Faroe Islands; 3. Greenland; 4. Switzerland; or 2. in relation to relevant goods falling within Article 47(1)(c)— 1. an EU member State; 2. Liechtenstein; 3. Switzerland; - ‘the transitional staging period’ means the period beginning on IP completion day and ending on— 1. 31st July 2021; or 2. such other date as the appropriate authority may by regulations appoint, being a date not earlier than 1st July 2021. (3) The provisions of this Regulation apply to relevant goods entering Great Britain from a relevant third country with the derogations and modifications specified in Part 2 of this Annex. (4) In Article 43, after “and 48,” insert “ other than relevant goods entering from a territory subject to special transitional import arrangements, ”. (5) After Article 44(1), insert— (1A) The competent authorities may perform official controls on consignments which include relevant goods entering Great Britain from a relevant third country, selected randomly or on a risk basis and at the appropriate frequency rate. (1B) Relevant goods originating in relevant countries may enter Great Britain through any point of entry during the transitional staging period. (6) In Article 47— (a) in paragraph 1, in the opening words, for the words from “shall” to the end, substitute “ may perform official controls at any of the places specified in Article 44(3) on consignments of relevant goods of each of the following categories entering Great Britain from a relevant third country: ”; (b) in paragraph 5, for the words from “goods” to the end, substitute “ relevant goods entering Great Britain from a relevant third country are presented for official controls, where required, at any of the place specified in Article 44(3), by the relevant competent authority. ”. (7) In Article 48— (a) the existing text becomes paragraph 1; (b) at the end, insert— (2) This Article applies to relevant goods arriving in Great Britain from a relevant third country subject to the derogations and modifications specified in Annex 6. (8) In Article 49— (a) in paragraph 1, for the words from “shall” to the end, substitute “ may perform official controls on consignments of relevant goods arriving from a relevant third country, selected randomly, or on the basis of risk, at any of the places specified in Article 44(3). Where a consignment of relevant goods is selected for official controls, those official controls must include documentary checks and may include identity and physical checks. ”; (c) in paragraph 2, in the opening words, for “Physical checks shall be performed” substitute “ In a case where a consignment is selected for physical checks, those checks must be performed, in relation to: ”. (9) In Article 50— (a) in paragraph 1, for the words from “kept by” to the end substitute “and, in a case where a consignment of relevant goods arriving from a relevant third country is selected for the performance of official controls, may be kept by the competent authority with responsibility for the place where the official controls are carried out (‘the responsible competent authority’)”; (b) in paragraph 2, for the words from “The competent authorities” to “shall” substitute “ In a case where a consignment of relevant goods arriving from a relevant third country is selected for official controls and the original official certificates or documents are kept by the responsible competent authority, that authority must ”; (c) for paragraph 3 substitute— (3) In a case where the responsible competent authority has notified the operator that official controls are to be performed on a consignment, that consignment must not be split until those official controls have been carried out. (10) Articles 53 and 54 do not apply in relation to relevant goods entering Great Britain from a relevant third country. (11) In Article 55, for paragraph 1 substitute— (1) In a case where official controls are performed on relevant goods arriving from a relevant third country, the competent authority must decide whether the consignment is in compliance with the rules referred to in Article 1(2) and, where relevant, the applicable customs procedure. (12) In Article 56(1) and (2), in both places where the words occur, after “Article 47(1)” insert “ , other than relevant goods arriving from a relevant third country, ”; (13) After Article 56, insert— (1) This Article applies in relation to relevant goods entering Great Britain from a relevant third country. (2) Prior notification of relevant goods arriving from a territory subject to special transitional import arrangements, where required under paragraph 3 or 4 or by other legislation in force in the relevant constituent territory of Great Britain, must be given to the relevant competent authority— (a) at least one working day before the expected time of arrival at a point of entry into Great Britain; or (b) in a case where the importer can provide evidence of a logistical constraint preventing such notification, that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance. (3) From 1st January 2021, operators must give prior notification of the arrival of— (a) live animals and germinal products; (b) animal by-products and derived products not intended for human consumption, where the consignment includes material which is required to be notified to the competent authority of destination by paragraph 5 of Schedule 5 to the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020) ; (c) those plants, plant products and other objects specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 . (4) From 1st April 2021, in addition to the requirements specified in paragraph 3, relating to relevant goods, operators must give prior notification of the arrival of— (a) all products of animal origin intended for human consumption; (b) all plants, plant products and other objects of a description specified in any entry in columns 1 and 2 of the table in Part A of Annex 11 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, which originate in any third country listed in the corresponding entry in column 3 of that table. (13) In Article 57(1) and (3), after “Article 47(1)”, in both places where it occurs, insert “ , other than relevant goods arriving from a relevant third country, ”. (14) In Article 79(1), in the opening words, for the words from “or” to “Article 53(1)” substitute “ , at control posts referred to in point (a) of Article 53(1) or, in relation to relevant goods arriving from a territory subject to special transitional import arrangements, at one of the places referred to in Article 44(3), ”.

PART 3 — Amendments to EU delegated and implementing acts

Amendments to Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union

30

• (1) Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union is amended as follows.

• (2) In Article 1—

• (a) in paragraph 1, for “into the Union” substitute “ in Great Britain from a third country ”;

• (b) after paragraph 3, insert—

(4) In this Article, ‘first arrival’ and ‘third country’ have the meanings given in Article 3 of Regulation (EU) 2017/625 .

• (3) After Article 2, insert—

(1) This Regulation applies subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625 during the transitional staging period, in relation to relevant goods entering Great Britain from a relevant third country. (2) In this Article ‘transitional staging period’, ‘relevant goods’ and ‘relevant third country’ have the meanings given in Annex 6 to that Regulation.

• (4) In the words following Article 2, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendments to Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination

31

• (1) Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination is amended as follows.

• (2) For Article 2 substitute—

For the purposes of this Regulation— (a) ‘the appropriate computerised information management system’ is the system for official controls referred to in Article 131 of Regulation (EU) 2017/625; (b) ‘place of destination’ means the place where the consignment is delivered for final unloading, as stated in the CHED; (c) ‘TCBTA’ means the Taxation (Cross-border Trade) Act 2018 .

• (3) In Article 4—

• (a) in point (b), for the words from “Article 163” to the end substitute “ paragraph 7(1)(b) and (2) of Schedule 1 to the TCBTA and public notices given under those provisions, as amended from time to time, ”;

• (b) in point (c)—

• (i) for “communicate to the IMSOC” substitute “ record in the appropriate computerised information management system ”;

• (ii) for the words from “points (a) and (b)” to the end substitute “ section 3(4)(a) and (b) of, and Parts 2 and 3 of Schedule 2 to, the TCBTA. ”.

• (4) In Article 5(1)—

• (a) in points (b) and (f), for “IMSOC” substitute “ appropriate computerised information management system ”;

• (b) in point (e), for the words from “Article 163” to the end substitute “ paragraph 7(1)(b) and (2) of Schedule 1 to the TCBTA; ”;

• (c) in point (f), for the words from “points (a) and (b)” to the end substitute “ section 3(4)(a) and (b) of, and Parts 2 and 3 of Schedule 2 to, the TCBTA. ”.

• (5) In Article 6—

• (a) in point (b), for the words from “Article 163” to the end substitute “ paragraph 7(1)(b) and (2) of Schedule 1 to the TCBTA; ”;

• (b) in point (c)—

• (i) for “communicate to the IMSOC” substitute “ record in the appropriate computerised information management system ”;

• (ii) for the words from “points (a) and (b)” to the end substitute “ section 3(4)(a) and (b) of, and Parts 2 and 3 of Schedule 2 to, the TCBTA. ”.

• (6) In Article 7—

• (a) in the third subparagraph, omit “in each Member State” and “in that Member State”;

• (b) omit the fourth subparagraph.

• (7) In the words following Article 7, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

• (8) After Article 7, insert—

(1) This Regulation applies subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625 during the transitional staging period in relation to relevant goods entering Great Britain from a relevant third country. (2) In this Article ‘transitional staging period’, ‘relevant goods’ and ‘relevant third country’ have the meanings given in Annex 6 to that Regulation.

Amendments to Commission Delegated Regulation (EU) 2019/1666 Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Union

32

• (1) Commission Delegated Regulation (EU) 2019/1666 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Union is amended as follows.

• (2) In the heading to Article 1, after “matter” insert “ , definitions ”.

• (3) In Article 1—

• (a) the existing text becomes paragraph 1;

• (b) for “the Union”, in both places where it occurs, substitute “ Great Britain ”;

• (c) after “arrival”, in the first place where it occurs, insert “ from a third country ”;

• (d) for “Union legislation” substitute “ legislation in force in the relevant constituent territory of Great Britain ”;

• (e) at the end of Article 1, add a new paragraph—

(2) For the purposes of this Regulation— - ‘third country’ has the meaning given in Article 3(2D) of Regulation (EU) 2017/625 ; - ‘the appropriate computerised information management system’ is the system for official controls referred to in Article 131 of Regulation (EU) 2017/625.

• (4) In the heading to Article 2, for “the Union” substitute “ Great Britain from a third country ”.

• (5) In Article 2—

• (a) in paragraph 1, for “the Union” substitute “ Great Britain from a third country ”;

• (b) in paragraph 3, omit “(‘IMSOC’)”.

• (6) In Article 3(2), for “IMSOC” substitute “ the appropriate computerised information management system ”.

• (7) After Article 3, insert—

(1) This Regulation applies subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625 and in paragraph 3 of this Article during the transitional staging period, in relation to relevant goods entering Great Britain from a relevant third country. (2) In this Article ‘transitional staging period’, ‘relevant goods’ and ‘relevant third country’ have the meanings given in Annex 6 to that Regulation. (3) This Regulation applies with the following derogations and modifications— (a) omit Article 2; (b) in Article 3— (i) omit paragraph 2; (ii) in paragraph 3, for “shall” substitute “ may ”; (iii) omit paragraphs 4 and 5.

• (8) In the words following Article 4, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendments to Commission Implementing Regulation (EU) 2019/1873 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products

33

• (1) Commission Implementing Regulation (EU) 2019/1873 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products is amended as follows.

• (2) In Article 1, for “the Union” substitute “ Great Britain, from a third country, ”.

• (3) For Article 2 substitute—

For the purposes of this Regulation— (a) ‘the appropriate computerised information management system’ is the system for official controls referred to in Article 131 of Regulation (EU) 2017/625 ; (b) ‘the establishment of origin’ means the establishment of origin in a third country, including third country vessels, appearing on lists drawn up regarding the export of products of animal origin, germinal products, animal by-products and composite products to Great Britain, in accordance with the legislation in force in the relevant constituent territory of Great Britain; (b) ‘third country’ has the meaning given in Article 3(2D) of Regulation (EU) 2017/625 .

• (4) In Article 3—

• (a) for paragraph 1 substitute—

(1) When notifying other competent authorities of a decision to perform intensified official controls made in accordance with Article 65(5) of Regulation (EU) 2017/625 throu gh the appropriate computerised information management system, the competent authority making the decision must indicate— (a) the establishment of origin; (b) the category of goods, including their description and code from the classification system applicable in the United Kingdom, as amended from time to time, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border Trade) Act 2018 or under any other enactment; and (c) the infringement which has occasioned the decision to perform intensified official controls.

• (b) in paragraph 2—

• (i) in the opening words, for “Commission shall assess” substitute “ notified competent authorities must assess and endeavour to agree ”;

• (ii) in point (d), for the words from “adopted”, in the first place where it occurs, to “with”, in the second place where it occurs, substitute “ under Article 261 of Regulation (EU) 2016/429 or to special measures under ”;

• (c) in paragraph 3—

• (i) for “Commission” substitute “ notifying competent authority ”;

• (ii) for “IMSOC” substitute “ appropriate computerised information management system ”;

• (d) in paragraph 4, for “Member States” substitute “ constituent territories of Great Britain ”.

• (5) In Article 4—

• (a) in paragraph 1—

• (i) for “all Member States” substitute “ Great Britain ”;

• (ii) for “IMSOC” substitute “ appropriate computerised information management system ”;

• (b) in paragraph 2, for the words from “Combined Nomenclature” to the end, substitute “ classification system applicable in Great Britain, as amended from time to time, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border) Trade Act 2018 or under any other enactment ”;

• (c) in paragraph 4, for “IMSOC” substitute “ appropriate computerised information management system ”.

• (6) In Article 5—

• (a) in paragraph 1—

• (i) for “the Union” substitute “ Great Britain ”;

• (ii) for “Commission” substitute “ the competent authority in the relevant constituent territory of Great Britain, or, where there is more than one competent authority dealing with the infringements, one of those authorities ”;

• (b) in paragraph 2—

• (i) in the opening words, for “Commission” substitute “ competent authority making the request in accordance with paragraph 1 ”;

• (ii) in point (b), for “Member States” substitute “ constituent territories of Great Britain ”.

• (7) In Article 6—

• (a) in paragraph 1—

• (i) in point (a), for the words from “Commission” to “IMSOC” substitute “ other competent authorities of its decision, through the appropriate computerised information management system, ”;

• (ii) in point (b)—

• (aa) for “IMSOC” substitute “ appropriate computerised information management system ”;

• (bb) for “Member States” substitute “ constituent territories of Great Britain ”.

• (b) in paragraph 2—

• (i) in the opening words, for “the Commission” substitute “ a competent authority ”;

• (ii) in point (a)—

• (aa) for “IMSOC” substitute “ appropriate computerised information management system ”;

• (bb) for “Member States” substitute “ constituent territories of Great Britain ”.

• (8) In Article 8—

• (a) in paragraph 1, for “into the Union” substitute “ to Great Britain ”;

• (b) in paragraph 2, for “IMSOC” substitute “ appropriate computerised information management system ”.

• (9) In the words following Article 9, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendments to Commission Implementing Regulation (EU) 2019/2007 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts

34

• (1) Commission Implementing Regulation (EU) 2019/2007 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts is amended as follows.

• (2) In the words following Article 5, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendments to Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers' personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market

35

• (1) Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers' personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market is amended as follows.

• (2) In Article 2—

• (a) in point (2), for “ ‘IMSOC’” substitute “ the appropriate computerised information management system ”;

• (b) after point (8), insert—

(9) ‘entry into Great Britain’ or ‘entering Great Britain’ has the meaning given in Article 3(40) of Regulation (EU) 2017/625 ; (10) ‘third country’ has the meaning given in Article 3(2D) of Regulation (EU) 2017/625 ;

• (3) In Article 3(1)(b)—

• (a) for “the Union” substitute “ Great Britain ”;

• (b) for “Member State” substitute “ constituent territory of Great Britain ”.

• (4) In Article 4—

• (a) in paragraph 1—

• (i) in point (a)—

• (aa) for “Member State of destination” substitute “ constituent territory of destination in Great Britain ”;

• (bb) for “the Union” substitute “ Great Britain ”;

• (ii) omit point (c);

• (b) omit paragraph 2.

• (5) In Article 5(3), for “IMSOC” in both places where it occurs, substitute “ appropriate computerised information management system ”.

• (6) In Article 6(1)(b) for “on Union territory” substitute “ in Great Britain ”.

• (7) In Article 8(1)—

• (a) for “the Union”, in the first place where it occurs, substitute “ Great Britain ”;

• (b) for the words from “at least” to “Union” substitute “ English and may also be in Welsh ”.

• (8) In Article 9(1), for “the Union” substitute “ Great Britain ”.

• (9) In Article 10(2), for “Member States” substitute “ The competent authority ”.

• (10) In Article 11—

• (a) in the opening words, for “the Union” substitute “ Great Britain ”;

• (b) in point (b)(i), for “Member States” substitute “ the appropriate authority ”;

• (c) in point (c), for “the Union” substitute “ Great Britain ”.

• (11) In Article 12(1)—

• (a) for “the Union”, in the first place where it occurs, substitute “ Great Britain ”;

• (b) for the words from “at least” to “Union”, in the second place where it occurs, substitute “ in English and may also be in Welsh ”.

• (12) After Article 12, insert—

(1) This Regulation applies subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625 and in paragraph 3 of this Article during the transitional staging period, in relation to relevant goods entering Great Britain from a relevant third country. (2) In this Article ‘transitional staging period’, ‘relevant goods’ and ‘relevant third country’ have the meanings given in Annex 6 to that Regulation. (3) Article 7 of this Regulation applies with the following derogations and modifications— (a) after “and which are” insert “ relevant goods arriving from a relevant third country ”; (b) omit the words from “provided that” to the end.

• (13) In the words following Article 15, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

• (14) In Annex 2, in each model poster, for “the European Union”, in each place where it occurs, substitute “ Great Britain ”.

• (15) In Annex 3—

• (a) for “the EU”, in each place where it occurs and unless otherwise indicated in this paragraph substitute “ Great Britain ”;

• (b) in the opening words—

• (i) for “the European Union (EU)” substitute “ Great Britain ”;

• (ii) omit the words from “These procedures” to “Switzerland”;

• (c) in point 6—

• (i) for “official EU” substitute “ appropriate ”;

• (ii) for “a EU border” substitute “ a border ”.

• (16) In Annex 4, in the model poster, for “the EU” substitute “ Great Britain ”.

Amendments to 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

36

• (1) 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 is amended as follows.

• (2) In Article 2—

• (a) for paragraph 2, substitute—

(2) The ‘appropriate computerised information management system’ is the system for or official controls referred to in Article 131 of Regulation (EU) 2017/625; (3) ‘the appropriate authority’ has the meaning given in Article 3 of Regulation (EU) 2017/625.

• (3) In Article 3(1)(a), for “IMSOC” substitute “ appropriate computerised information management system ”;

• (4) In Article 4, for paragraph 2 substitute—

(2) In a case where an agreement of equivalence between Great Britain and a third country or between the United Kingdom and a third country has been or is concluded, physical checks must be carried out in accordance with any provisions governing frequency rates under that agreement.

• (5) In Article 5—

• (a) in paragraph 2(a), for “Commission” substitute “ appropriate authority ”;

• (b) in paragraph 3, for “IMSOC” substitute “ appropriate computerised information management system ”;

• (c) in paragraph 5—

• (i) for “Commission” substitute “ appropriate authority ”;

• (ii) for “IMSOC” substitute “ appropriate computerised information management system ”.

• (6) After Article 7—

• (a) in the words following Article 7, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

• (b) insert—

(1) This Regulation applies subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625 and in paragraph 3 of this Article during the transitional staging period, in relation to relevant goods entering Great Britain from a relevant third country. (2) In this Article ‘appropriate frequency rate’, ‘transitional staging period’, ‘relevant goods’ and ‘relevant third country’ have the meanings given in Annex 6 to Regulation (EU) 2017/625. (3) For Article 5, substitute— (1) In relation to relevant goods entering Great Britain from a relevant third country during the transitional staging period, identity and physical checks must be carried out at the appropriate frequency rate. (2) In this Article ‘appropriate frequency rate’ has the meaning given in Annex 6 to Regulation (EU) 2017/625.

• (7) Omit Annex 2.

Amendments to Commission Implementing Regulation (EU) 2019/2130 establishing detailed rules on the operations to be carried out during and after documentary checks, identity checks and physical checks on animals and goods subject to official controls at border control posts

37

• (1) Commission Implementing Regulation (EU) 2019/2130 establishing detailed rules on the operations to be carried out during and after documentary checks, identity checks and physical checks on animals and goods subject to official controls at border control posts is amended as follows.

• (2) In Article 2(2)—

• (a) in the opening words, omit “(IMSOC)”;

• (b) in point (b), for “implementing acts” substitute “ the rules contained in implementing acts, in regulations made by the appropriate authority or published online by the appropriate authority, ”.

• (3) In Article 3(4)(a) and (b), for “Union legislation” substitute “ legislation in force in the relevant constituent territory of Great Britain ”.

• (4) In Article 4(4), for “into the Union” substitute “ to Great Britain from a third country ”.

• (5) In Article 5—

• (a) in paragraph 1(b), for “Union legislation” substitute “ legislation in force in the relevant constituent territory of Great Britain ”;

• (b) in paragraphs 3 and 4—

• (i) for “into the Union” substitute “ in Great Britain ”;

• (ii) for “enter the Union” substitute “ enter Great Britain ”.

• (6) In Article 6(2), omit the words from “in respect of” to the end.

• (7) After Article 7—

• (a) omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

• (b) insert—

(1) This Regulation applies subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625 during the transitional staging period, in relation to relevant goods entering Great Britain from a relevant third country. (2) In this Article ‘transitional staging period’, ‘relevant goods’ and ‘relevant third country’ have the meanings given in Annex 6 to that Regulation.

• (8) In Annex 1, in section 3, in point 1(b), omit “Union”.

• (9) In Annex 2, in point 1(b), omit “Union”.

• (10) In Annex 3—

• (a) in point 4(c), after “listed in” insert “ relevant legislation in force in the relevant constituent territory of Great Britain ”;

• (b) in paragraph 6—

• (i) in point (a)—

• (aa) for “Union quarantine pests” substitute “ GB quarantine pests, which has the meaning given in Article 4 of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants ”;

• (bb) for “Member States'” substitute “ competent authorities ”;

• (ii) in point (c), for “IMSOC” substitute “ appropriate computerised information management system ”.

Amendments to Commission Implementing Regulation (EU) 2020/466 on temporary measures to contain risks to human, animal and plant health and animal welfare during certain serious disruptions of Member States' control systems due to coronavirus disease (COVID-19)

38

• (1) Commission Implementing Regulation (EU) 2020/466 on temporary measures to contain risks to human, animal and plant health and animal welfare during certain serious disruptions of Member States' control systems due to coronavirus disease (COVID-19) is amended as follows.

• (2) In Article 1, for “Member States' control systems” substitute “ control systems in Great Britain ”.

• (3) For Article 2, substitute—

Competent authorities intending to apply the temporary measures laid down in this Regulation must publish online the list of measures taken to remedy their difficulties in carrying out official controls and other official activities in accordance with Regulation (EU) 2017/625.

• (4) In Article 4—

• (a) in paragraph 1(b), for “TRACES” substitute “ the appropriate computerised information management system ”;

• (b) after paragraph 2, insert—

(3) ‘the appropriate computerised information management system’ is the system for official controls referred to in Article 131 of Regulation (EU) 2017/625.

• (5) In the words following Article 6, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

PART 4 — Amendments to Annex 1 (Veterinary and phytosanitary matters) and Annex 2 (Technical regulations, standards, testing and certification) to the EEA Agreement

Amendments relating to Decision 210/2019 of the EEA Joint Committee amending Annex 1 (Veterinary and phytosanitary matters) and Annex 2 (Technical regulations, standards, testing and certification) to the EEA Agreement

39

• (1) Annex 1 (Veterinary and phytosanitary matters) and Annex 2 (Technical regulations, standards, testing and certification) to the EEA agreement (veterinary and phytosanitary matters) are amended as follows.

• (2) In Annex 1—

• (a) in Chapter 1, Part 1.1, omit point 11b;

• (b) in Chapter 2, omit point 31q.

• (3) In Annex 2, Chapter 12, omit point 164.

Amendments relating to Decision 2/2020 of the EEA Joint Committee

40

• (1) Annex 1 (Veterinary and phytosanitary matters) to the EEA agreement (is amended as follows.

• (2) In the Introductory Part of Chapter 1, omit paragraph 4B.

PART 5 — Amendments to EU Exit Legislation

The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019

41

• (1) The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 are amended as follows.

• (2) In regulation 4(4)(a), for the words from “Article 3(3)” to the end substitute “ Article 148 of Regulation (EU) 2017/625; ””.

The Animal Welfare (Amendment) (EU Exit) Regulations 2019

42

• (1) The Animal Welfare (Amendment) (EU Exit) Regulations 2019 are amended as follows.

• (2) In regulation 3—

• (a) in paragraph (3)—

• (i) in sub-paragraph (b), in the substituted text, for the words from “ any inspection post ” to the end, substitute—

a border control post as defined in Article 3(38) 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;”

• (ii) omit sub-paragraphs (d), (e) and (f);

• (b) omit paragraphs (20) to (22), (28)(b) and (29);

• (c) in paragraph (30), for “Articles 24 and 25” substitute “ Article 24 ”;

• (d) omit paragraphs (31) to (33).

• (3) Omit regulations 4(3(b) and (9).

The Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc) (EU Exit) Regulations 2019

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Animals (Legislative Functions) (EU Exit) Regulations 2019

44

• (1) The Animals (Legislative Functions) (EU Exit) Regulations 2019 are amended as follows.

• (2) In regulation 8, omit paragraph (25).

PART 6 — Revocations, savings and transitional provision

45

The Regulations listed in the Schedule are revoked.

General transitional provision relating to the presentation or other use of model forms of certificates or other documents

46

• (1) Where these Regulations amend any provision of assimilated direct legislation which, on or after IP completion day, enables, or may be used to make regulations which enable, the presentation or other use of a document in “the form published by the appropriate authority from time to time”, that amendment does not preclude a document in the form specified in assimilated direct legislation, as it had effect immediately before IP completion day, from being presented or otherwise used, on or after IP completion day, in connection with official controls carried out during the transitional staging period.

• (2) In this regulation—

• (a) “document” includes a certificate, official attestation, evidence or any other document;

• (b) “the transitional staging period” means the period beginning on IP completion day and ending on—

• (i) 31st July 2021; or

• (ii) such other date as the appropriate authority may by regulations appoint, being a date not earlier than 1st July 2021.

Transitional modification and derogation for the purpose of listing third countries.

47

• (1) For the purposes of Article 125 to 126 of Regulation (EU) 2017/625, the appropriate authority is not required to request the information specified in Article 125 of that Regulation before including the third countries specified in paragraph 2 in the list of third countries referred to in Article 126(2) of that Regulation.

• (2) The third countries specified in this paragraph are—

• (a) EEA member States;

• (b) the Faroe Islands;

• (c) Greenland;

• (d) Switzerland.

SCHEDULE — Revocations

1

Commission Implementing Regulation (EU) 2018/329 designating a European Union Reference Centre for Animal Welfare.

2

Commission Delegated Regulation (EU) 2018/631 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by establishing European Union reference laboratories for pests of plants.

3

Commission Implementing Regulation (EU) 2018/1587 revoking the designation of the Istituto Superiore di Sanita, Rome, Italy as a European Reference Laboratory for the residues listed in Annex 1, Group B(3)(c) to Council Directive 96/23/EC.

4

Commission Implementing Regulation (EU) 2019/530 designating European Reference laboratories for pests of plants on insects and mites, nematodes, bacteria, fungi and oomycetes, viruses, viroids and phytoplasmas.

5

Commission Implementing Regulation (EU) 2019/1685 of 4 October 2019 designating a European Union Reference Centre for Animal Welfare for poultry and other small farmed animals.

Signed

Gardiner of Kimble — Parliamentary Under Secretary — 2020-12-09

Explanatory note

(This note is not part of the Regulations)

Footnotes

General transitional provision relating to the presentation or other use of model forms of certificates or other documents

Transitional modification and derogation for the purpose of listing third countries.

Editorial notes