The Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021

Made: 10th February 2021

Laid before Parliament: 11th February 2021

Coming into force: 4th March 2021

The Secretary of State, in exercise of the powers conferred by Articles 41(3) and 105(6) of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants (“the Plant Health Regulation”), and Articles 22(2) and (3) and 144(6) 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 (“the Official Controls Regulation”) makes the following Regulations.

The Scottish Ministers and the Welsh Ministers have consented to the Secretary of State making these regulations for the purposes of Article 2a(2) of the Plant Health Regulation, and Article 3(2B) of the Official Controls Regulation.

The Secretary of State has consulted in accordance with Article 144(7) of the Official Controls Regulation, during the preparation and evaluation of Part 2 of these Regulations.

PART 1 — Citation, commencement and extent

Citation, commencement and extent

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• (1) These Regulations may be cited as the Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021 and come into force on 4th March 2021.

• (2) These Regulations extend to England and Wales, and Scotland.

PART 2 — Places of destination

Introductory and interpretation

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• (1) This Part applies in relation to the importation of relevant goods—

• (a) for the duration of the transitional staging period falling on or after 4th March 2021, and

• (b) for the purpose of supplementing and modifying the transitional derogations and modifications specified in Article 168 of, and Annex 6 to the Official Controls Regulation.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In this Part—

• (a) “importation” means bringing goods into Great Britain from a relevant third country, and cognate terms are to be construed accordingly;

• (b) “the Official Controls Regulation” 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;

• (c) “relevant third country” has the meaning given by Annex 6 to the Official Controls Regulation;

• (ca) “relevant goods” means goods within the category referred to in Article 47(1)(c) of the Official Controls Regulation, other than goods which are—

• (i) referred to in column 2 of the table in Annex 8 to the Official Controls Regulation, as inserted by paragraph 15 of Annex 6 to that Regulation; and

• (ii) come from a country listed in Part A of Annex 11 to the Phytosanitary Conditions Regulation under the entry number, specified in column 3 of the table in Annex 8, which corresponds to the particular goods referred to in column 2;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) “transitional staging period” has the meaning given by Annex 6 to the Official Controls Regulation.

Official controls on specified goods at the place of destination

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Offences

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• (1) The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 have effect in relation to relevant goods entering Great Britain from a relevant third country during the transitional staging period, subject to the following modifications.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In Schedule 3, in Part 2—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) after the entry relating to Article 56(4)—

• (i) in the first column, insert “ Article 56A ”;

• (ii) in the second column, insert—

During the transitional staging period, requires the operators of relevant goods from a relevant third country, to give prior notification to the relevant competent authority before the expected time of arrival of the goods at a point of entry in Great Britain.

• (4) This regulation does not apply in relation to any part of the transitional staging period falling before 4th March 2021.

PART 3 — Amendments to Commission Implementing Regulation (EU) 2019/2072

Amendments to Commission Implementing Regulation (EU) 2019/2072

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• (1) Annex 7 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 is amended as follows.

• (a) in Part A—

• (i) in the section entitled “Interpretation”, after the definition of “EPPO PM 9/26” insert--

“ISPM41” means International Standard for Phytosanitary Measures No 41 of April 2017 on international movement of used vehicles, machinery and equipment, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations

• (ii) in the table—

• (aa) in the third column of entry 2, after “plant debris”, insert “ in accordance with ISPM41 ”;

• (bb) in the third column of entry 3, in paragraph (b), after “infected area”, insert “ in accordance with ISPM41 ”.

• (b) in the table in Part B, for entries 2 to 5 substitute—