The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) (No. 2) Regulations 2024

Made: 14th November 2024

Laid before Parliament: 18th November 2024

Coming into force: 18th December 2024

As required by Article 144(7) of the Official Controls Regulation, the Secretary of State has consulted with such bodies or persons as appear appropriate.

Citation, commencement, extent and application

1

• (1) These Regulations may be cited as the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) (No. 2) Regulations 2024 and come into force on 18th December 2024.

• (2) These Regulations extend to England and Wales but apply in relation to England only.

Amendment of Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures, etc.

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 implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660[^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 (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 contained in Schedule 1 to these Regulations.

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

SCHEDULE 1 — Annex to be substituted for Annex I to Commission Implementing Regulation (EU) 2019/1793

SCHEDULE 2 — Annex to be substituted for Annex II to Commission Implementing Regulation (EU) 2019/1793

Signed

Karin Smyth — Minister of State — Department of Health and Social Care — 14th 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 implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660, in relation to England (“EUR 2019/1793”).

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

Regulation 2(3) amends EUR 2019/1793 to make provision in relation to the sampling and analysis for the hazard pentachlorophenol and dioxins in guar gum listed in Annex 1.

Regulation 2(5) substitutes Annex 1 with the Annex in Schedule 1, which contains the updated list of food and feed of non-animal origin from certain third countries, which is subject to a temporary increase in official controls at border control posts in Great Britain.

Regulation 2(6) substitutes Annex 2 with the Annex in Schedule 2. Annex 2 contains two tables. Table 1 contains the updated list of food and feed of non-animal origin from certain third countries subject to special conditions for entry into Great Britain due to contamination risks from the specified hazards. Table 2 contains the list of compound food containing any of the food 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. Table 2 is restated with no changes.

In each Schedule, standards are specified within some footnotes to show requirements for the analytical methods and laboratories used. The documents referred to have been published online and the online addresses are specified under each footnote where relevant. Hard copies of these documents are available for inspection at the Food Standards Agency, Floor 6, Clive House, 70 Petty France, London SW1H 9EX, at reasonable times, following a written request to that address or to imported.food@food.gov.uk.

An impact assessment has not been produced for this instrument as no, or no significant impact on the public, private or voluntary sector is foreseen. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: EUR 2002/178, amended by S.I. 2019/641 and 2022/377. S.I. 2019/641 was amended by S.I. 2020/1504. See Article 3(19) of EUR 2002/178 for the definition of “appropriate authority”.

[^f00002]: EUR 2017/625, amended by S.I. 2020/1481; there are other amending instruments but none is relevant. See Article 3(2A) of EUR 2017/625 for the definition of “the appropriate authority”.

[^f00003]: EUR 2019/1793, amended by S.I. 2020/1631, 2022/1193 and 2024/120.

[^f00004]: EUR 2005/396, amended by S.I. 2019/557. S.I. 2019/557 was amended by S.I. 2020/1376.

[^f00005]: EUR 2004/852, amended by S.I. 2019/642.