The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2024

Made: 1st February 2024

Laid before Parliament: 5th February 2024

Coming into force: 7th March 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) Regulations 2024 and come into force on 7th March 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 3 (sampling and analyses)—

• (a) after paragraph (e), insert—

(ea) for food listed in Annex II due to the risk of presence of Listeria, the sampling and the analyses for the control of Listeria must be performed in accordance with the sampling procedures and the analytical reference methods laid down in Annex IIIa;

• (b) in paragraph (f), for “and (e)” substitute “, (e) and (ea)”.

• (3) In Article 10 (results of sampling and analyses performed by the competent authorities of the third country), in paragraph (2), after point (d) insert—

(e) the absence of Listeria in 25 g, for consignments of food listed in Annex II due to risk of microbiological contamination by Listeria.

• (4) In Annex I, for the table (Table: England Food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border controls posts and control points) substitute the table in Schedule 1 to these Regulations.

• (5) In Annex II, for the first table (Table 1: England Food and feed of non-animal origin referred to in Article 1(1)(b)(i)), substitute the table in Schedule 2 to these Regulations.

• (6) After Annex III, insert the Annex IIIa contained in Schedule 3 to these Regulations.

Amendment of the Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022

3

In the Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022[^f00004]—

• (a) in regulation 2 (amendment of Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures, etc), omit paragraphs (4) and (5)(a);

• (b) omit Schedules 1 and 2.

SCHEDULE 1 — Substitution of the table in Annex I to Commission Implementing Regulation (EU) 2019/1793 in relation to England

SCHEDULE 2 — Substitution of the first table in Annex II to Commission Implementing Regulation (EU) 2019/1793 in relation to England

SCHEDULE 3 — Annex IIIa to be inserted into Commission Implementing Regulation (EU) 2019/1793

Signed

Signed by authority of the Secretary of State for Health and Social Care

Andrea Leadsom — Parliamentary Under Secretary of State — Department of Health and Social Care — 1st February 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.

Regulation 2(2), (3), (6) and Schedule 3 make provisions in relation to the sampling and analyses of food and feed of non-animal origin for the hazard Listeria. Schedule 3 sets out a new Annex outlining the sampling procedure and analytical reference method for the control of the presence of Listeria in food.

Regulation 2(4) substitutes Annex I with Schedule 1, which contains the 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(5) substitutes Table 1 in Annex II, with Schedule 2. This substitutes the respective table containing the lists 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.

Regulation 3 makes consequential amendments to the Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022.

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, Floors 6 and 7, 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. See Article 3(19) of EUR 2002/178 for the definition of “appropriate authority”.

[^f00002]: EUR 2017/625, amended by S.I. 2020/1481. 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 and 2022/1193.

[^f00004]: S.I. 2022/1193.

[^f00005]: EUR 2005/396, amended by S.I. 2019/557. S.I. 2019/557 was amended by S.I. 2020/1376.

[^f00006]: EUR 2004/852, amended by S.I. 2019/642