The Official Controls (Miscellaneous Amendments) Regulations 2024

In this Schedule—

• “BSE risk status” refers to the risk status[^f00057]— mentioned in Article 5(1) of Regulation 999/2001[^f00058]; and determined by the Secretary of State in accordance with Article 5(7) of, and Annex 2 to, Regulation 999/2001 and published in accordance with Article 5(7B) of that Regulation[^f00059];

• “collagen” has the meaning given by— in relation to animal by-products, point 11 of Annex 1 to Regulation 142/2011[^f00060]; and in relation to products of animal origin, point 7.8 of Annex 1 to Regulation 853/2004;

• “composite product” has the meaning given by Article 2(a) of Decision 2007/275 concerning lists of composite products to be subject to controls at border control posts;

• “egg products” has the meaning given by point 7.3 of Annex 1 to Regulation 853/2004;

• “F₀ value” means the thermal lethality time required to eliminate all microorganisms present in foods, by exposing them to a temperature of 121.1o C, expressed in minutes;

• “feed material” means— feed material as defined in point 3 of Annex 1 to Regulation 142/2011; and petfood;

• “fish oil” has the meaning given by point 9 of Annex 1 to Regulation 142/2011;

• “fishery products” has the meaning given by point 3.1 of Annex 1 to Regulation 853/2004;

• “fresh meat” means fresh meat as defined in point 1.10 of Annex 1 to Regulation 853/2004;

• “gelatine” has the meaning given— in relation to animal by-products, by point 12 of Annex 1 to Regulation 142/2011; or in relation to products of animal origin, by point 7.7 of Annex 1 to Regulation 853/2004;

• “greaves” has the meaning given— in relation to animal by-products, by point 13 of Annex 1 to Regulation 142/2011; or in relation to products of animal origin, by point 7.6 of Annex 1 to Regulation 853/2004;

• “highly refined products of animal origin” means— chondroitin sulphate; hyaluronic acid; other hydrolysed cartilage products; chitosan; glucosamine; rennet; isinglass; and amino acids that are authorised as food additives in accordance with Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives[^f00061].

• “honey” means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature;

• “hydrolysed protein” has the meaning given by point 14 of Annex 1 to Regulation 142/2011;

• “intermediate product” has the meaning given by point 35 of Annex 1 to Regulation 142/2011, and for the purposes of that definition “derived product” is to be construed in accordance with Article 3.2 of Regulation 1069/2009;

• “laboratory reagent” has the meaning given by point 36 of Annex 1 to Regulation 142/2011;

• “meat products” has the meaning given by point 7.1 of Annex 1 to Regulation 853/2004;

• “permitted countries” means those countries listed in Table 3;

• “petfood” has the meaning given by point 19 of Annex 1 to Regulation 142/2011;

• “photogelatine” means gelatine which has been produced from material containing bovine vertebral column in accordance with Article 8(b) of Regulation 1069/2009 and which is intended for the photographic industry;

• “Regulation 999/2001” means Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies[^f00062];

• “Regulation 852/2004” means Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs[^f00063];

• “specified risk material” means the material referred to in Article 8 of, and listed in Annex 5 to, Regulation 999/2001[^f00064];

• “sterilised” in relation to a product, means that the product has been sterilised either by undergoing specific treatment in a hermetically sealed container that achieves an F₀ value of three or more or by undergoing heat treatment, prior to aseptic packaging, that achieves commercial sterilisation;

• “treated blood products” means blood products, as defined in point 4 of Annex 1 to Regulation 142/2011, which meet the specific requirements listed for such products in Chapter 2, Section 1 of Annex 14 to that Regulation;

• “treated feathers” means feathers or parts of feathers which have been treated with a steam current or by a method that ensures that no risks to human or animal health or to the environment remain.

Signed

Douglas-Miller — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — At 10.02 a.m. on 22nd April 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make changes to the operation of official controls during the transitional staging period (“the TSP”), established under Annex 6 to 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”), during which the requirements for certain official documents and for the performance of official controls in relation to some categories of animals, plants and other goods imported into Great Britain (“relevant goods”) have been temporarily eased. The TSP applies in relation to those categories of imports arriving in Great Britain from a European Economic Area member State, the Faroe Islands, Greenland or Switzerland (“relevant third countries”).

Regulation 4 amends Annex 6 to the Official Controls Regulation to introduce border controls on relevant goods coming to Great Britain from relevant third countries on or after 30th April 2024. These goods must, from 30th April 2024, be pre-notified by submitting a common health entry document through the import of products, food and feed system for Great Britain (“IPAFFS”) and, subject to certain exceptions, will be required to enter Great Britain through a border control post. Live animals may continue to enter Great Britain through any point of entry and checks will take place at the destination of the consignment. Relevant goods which are products of animal origin coming from the Republic of Ireland may also enter through any point of entry in Wales or through Heysham. Certain plants coming from the Republic of Ireland may also enter through specified points of entry in England, Wales and Scotland.

Regulation 4 includes a transitory derogation from enforcement provisions which would otherwise apply where there is a minor or technical breach of the rules referred to in Article 2(1) of the Official Controls Regulation which poses no risk to human, animal or plant health or to the environment.

Regulation 5 allows scanned copies of the official certificates required to accompany relevant goods entering Great Britain from relevant third countries to be accepted during the period beginning with 30th April and ending on 31st July 2024.

Part 3 makes changes to plant health legislation. Regulations 6 and 8 amend the Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021 (S.I. 2020/136) and Annex 6 and Annex 8 to the Official Controls Regulation, which supplement and modify the application of plant health rules in relation to certain categories of plants and plant products during the TSP. Regulation 7 and Schedule 1 amend Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031, as regards protective measures against pests of plants (EUR 2019/2072).

Part 4 makes amendments to certain exemptions from official controls, and to rules governing the determination of the frequency of physical and identity checks on goods entering Great Britain. Regulation 10 and Schedule 2 introduce a partial exemption from official controls for certain categories of products of animal origin and animal by-products entering Great Britain from specified third countries. These products are considered to present a low risk, or no specific risk, of harm and will be subject to checks on a random or risk basis rather than at a minimum frequency rate.

Regulation 12 amends 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 (EUR 2019/2129). This Regulation allows the minimum frequency of physical and identity checks on goods entering Great Britain from risk-assessed third countries to be determined by the competent authority and published online, rather than being prescribed by regulations. It also requires the frequency rates applying to retail goods from outside the European Economic Area subject to the Windsor Framework agreement with the European Union (C.P. 806) to be set at a rate no lower than that applying to the corresponding goods being imported into Northern Ireland.

Part 5 contains consequential and supplemental amendments to the Trade in Animal and Related Products Regulations (S.I. 2011/1197), the Trade in Animals and Related Products (Wales) Regulations 2011 (S.I. 2011/2379) (W. 252) and the Trade in Animals and Related Products (Scotland) Regulations 2012 (S.S.I. 2012/177).

An impact assessment for this instrument has been produced. It can be accessed atwww.legislation.gov.uk. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk.

Footnotes

[^f00001]: EUR 2016/2031 (“the Plant Health Regulation”). Articles 72, 73, 76 and 105 were amended by S.I. 2020/1482.

[^f00002]: EUR 2017/625. Articles 22, 54, 77 and 90 were amended by S.I. 2020/1481. Article 48 was amended by S.I. 2020/1481 and 2022/1315. Article 144 was substituted, and Annex 6 inserted, by S.I. 2020/1481. Annex 6 was inserted for the purpose of the application 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”) in relation to the entry of relevant goods from a relevant third country during the transitional staging period. The terms “relevant goods”, “relevant third country” and “the transitional staging period” are defined in paragraph 2 of Annex 6, as amended by S.I. 2022/1315 and 2023/959. Annex 6 was amended by S.I. 2021/429, 809, 2022/621, 1315 and 2023/959, 1131, 2024/20 and type=start slip=2024-06-01 time=1718033524996S.I. 2024/557type=end slip=2024-06-01 time=1718033524996. It was amended in relation to England and Wales by S.I. 2021/1096 and 1443 and in relation to Scotland by S.S.I. 2021/342, 493 and 2022/90.

[^f00003]: See Articles 3 and 4 of the Plant Health Regulation, as amended by S.I. 2020/1482, for the definitions of “quarantine pest” and “GB quarantine pest”.

[^f00004]: EUR 2019/2072, amended by S.I. 2020/1527, 1631, 2021/79, 136, 426, 641, 1171 and 1229, 2022/114, 484, 1090 and 1120 and 2023/497, 959 and 1131.

[^f00005]: EUR 609/2013. Article 2(2) was amended by S.I. 2019/651 (as amended by S.I. 2020/1476).

[^f00006]: EUR 853/2004. Annex 1 was amended by S.I. 2019/640 (as substituted by S.I. 2020/1504).

[^f00007]: EUDN 2007/275, amended by S.I. 2020/1462.

[^f00008]: EUDN 2007/777, amended by S.I. 2019/1225, 2020/1462, 2021/211, 2022/735 and 2023/217.

[^f00009]: EUR 2017/625, amended by S.I. 2020/1481, 2021/429 and 809, 2022/621 and 1315 and 2023/959 and 1131, 2024/20 and type=start slip=2024-06-01 time=1718033543356S.I. 2024/557type=end slip=2024-06-01 time=1718033543356. It was amended in relation to England and Wales by S.I. 2021/1096 and 1443 and in relation to Scotland by S.S.I. 2021/342, 493 and 2022/90.

[^f00010]: EUR 2019/2072, amended by S.I. 2020/1527, 1631, 2021/79, 136, 426, 641, 1171 and 1229, 2022/114, 484, 1090 and 1120 and 2023/497, 959 and 1131.

[^f00011]: EUR 2016/2031, amended by S.I. 2020/1482 and 1631, 2021/79 and 426, 2022/1315 and 1367, 2023/497 and 959.

[^f00012]: EUR 853/2004, amended by S.I. 2019/640 (as amended by S.I. 2020/1504), 2019/1247 and 2022/1351.

[^f00013]: EUR 798/2008, amended by S.I. 2020/1462 (as amended by S.I. 2020/1631), 2021/211, 2022/735 and 1315 and 2023/217.

[^f00014]: EUR 1251/2008, amended by S.I. 2019/817 (as amended by S.I. 2020/1463), 2020/1388 and 2022/835.

[^f00015]: EUR 1069/2009, amended by S.I 2019/588 (as amended by S.I. 2020/1463) and 2020/1388.

[^f00016]: EUR 119/2009, amended by S.I. 2020/1462, 2021/211, 2022/735 and 1315.

[^f00017]: EUR 206/2010, amended by S.I. 2020/1462, 2021//211, 2022/735 and 2023/217.

[^f00018]: EUR 605/2010, amended by S.I. 2020/1462, 2021/211 and 2022/735.

[^f00019]: EUR 142/2011, amended by S.I 2019/588, 2020/1388 and 2022/735.

[^f00020]: EUR 609/2013, amended by S.I. 2019/651 (as amended by S.I. 2020/1476), 2020/1476 and 2023/28 (as amended by 2023/131).

[^f00021]: EUR 2019/625, amended by S.I. 2020/1631.

[^f00022]: EUR 2019/626, amended by S.I. 2020/1631 and 2022/735.

[^f00023]: EUR 2019/1013, amended by S.S.I. 2019/421 (as amended by S.S.I. 2020/176) and S.I. 2020/1481.

[^f00024]: Paragraph 13A was renumbered as such by S.I. 2022/1315.

[^f00025]: “Phytosanitary certificate” has the meaning given by Article 71 of the Plant Health Regulation. Article 71 was amended by S.I. 2020/1482 and 2021/79.

[^f00026]: Article 56A is a transitional provision inserted by paragraph 13 of Annex 6 to the Official Controls Regulation. It applies in relation to relevant goods entering Great Britain during the transitional staging period. Annex 6 was inserted by S.I. 2020/1481 and amended by S.I 2021/136, 429, 809 and 1096, 2022/621. 2022/1315, 2023/959 and 1131 and 2024/20, in relation to England and Wales by S.I. 2021/1443, and in relation to Scotland by S.S.I. 2021/342 and 493 and 2022/90.

[^f00027]: Articles 3 and 4 were amended by S.I. 2020/1631.

[^f00028]: S.I. 2021/136, amended by S.I. 2021/187 and 426.

[^f00029]: Annex 8, which modifies the application of the Official Controls Regulation during the transitional staging period, is introduced by paragraph 15 of Annex 6 to that Regulation, inserted by S.I. 2023/1131. Annex 8 was renumbered as such by a correction slip dated December 2023 and published as ISBN 978-0-34-825288-0.

[^f00030]: S.I. 2020/1482. Schedule 2A was inserted by S.I. 2024/20.

[^f00031]: Article 1(2) was amended by S.I. 2020/1481.

[^f00032]: Article 126 was amended by S.I. 2020/1481 and has effect subject to the transitional provisions specified in that instrument. The third countries from which goods may be imported are listed either in Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry in the European Union of certain animals and goods intended for human consumption (EUR 2019/626), or in the legislation referred to in that Regulation. The Official Controls Regulation revoked the instruments specified in Article 146 but some assimilated direct minor legislation continues to have effect as if made under the Official Controls Regulation.

[^f00033]: Chapter 2 of Annex 14 to Regulation 142/2011, in particular Table 2 in section 1 of that Chapter, sets out requirements for the listing of third countries in relation to imports of animal by-products other than for use in the feed chain.

[^f00034]: Paragraph 1 of Chapter 3 of Annex 8 was amended by S.I. 2019/588 and 2020/1388.

[^f00035]: “Operator” is defined in Article 3(29) of the Official Controls Regulation.

[^f00036]: EUR 2019/2007, amended by S.I. 202/1481.

[^f00037]: EUR 2019/2129, amended by S.I. 2020/1481.

[^f00038]: Article 2 was amended by S.I. 2020/1481.

[^f00039]: Article 4(2) was substituted by S.I. 20201481.

[^f00040]: S.I. 2011/1197, amended by S.I. 2012/2897, 2013/2996, 2014/3158, 2018/575, 2019/1488, 2020/109, 1462 and 1631, 2021/443, 453, 809, 1096 and 1443, 2022/1315, 1322 and 2024/20.

[^f00041]: Schedule 3 was amended by S.I. 2019/1488, 2020/1462 and 2021/453.

[^f00042]: Schedule 5 was inserted by S.I. 2020/1462, and amended by S.I. 2021/1096, 1443 and 2024/20.

[^f00043]: S.I. 2011/2379 (W. 252), amended by S.I. 2018/1612 (W. 249), 2020/44 (W. 5), 177 (W. 38), 1612 (W. 337) and 1639 (W. 344), 2021/1094 (W. 249) and 1480 (W. 382), 2022/1348 (W. 271), 2023/1332 (W. 240) and 2024/20.

[^f00044]: Schedule 3 was amended by S.I. 2020/44 and 1612 and 2022/1348.

[^f00045]: Schedule 5 was inserted by S.I. 2020/44, 1612, and amended by S.I. 2021/1480, 1094 and 2024/20.

[^f00046]: S.I. 2011/2379 (W. 252), amended by S.I. 2018/1612 (W. 249), 2020/44 (W. 5), 177 (W. 38), 1612 (W. 337) and 1639 (W. 344), 2021/1094 (W. 249) and 1480 (W. 382), 2022/1348 (W. 271), 2023/1332 (W. 240) and 2024/20.

[^f00047]: Schedule 3 was amended by S.I. 2020/44 and 1612 and 2022/1348.

[^f00048]: Schedule 5 was inserted by S.I. 2020/44, 1612, and amended by S.I. 2021/1480, 1094 and 2024/20.

[^f00049]: S.S.I. 2012/177, amended by S.S.I. 2012/198, 2014/3158, 2015/401, 2018/391, 2019/5, 71 and 412, 2020/455, 458, 2021/138, 297, 342, 432, 453 and 493, and 2022/90, 138 and 1322.

[^f00050]: Schedule 3 was amended by S.S.I. 2019/412, 2020/458 and S.I. 2021/453.

[^f00051]: Schedule 5 was inserted by S.S.I. 2020/458 and amended by S.S.I. 2021/297, 342, 432 and 493 and 2024/20.

[^f00052]: Annex 11 was substituted by S.I. 2020/1527, and amended by S.I. 2021/426, 641, 1171, 2022/114, 1120 and 2023/959.

[^f00053]: Entry 20A was inserted by S.I. 2021/1171.

[^f00054]: A list of members can be found on the website of the World Organisation for Animal Health at Members - WOAH - World Organisation for Animal Health.

[^f00055]: Article 6(2) of Commission Decision 2007/275 refers to the countries listed in Annex 1 of Regulation 605/2010. However, Article 3 of, and Annex 1 to, Regulation 605/2010 were amended by S.I. 2022/735 to require such of those countries or parts of countries listed in Annex 1 from which milk, dairy products, colostrum and colostrum-based products are to be authorised by the appropriate authority for importation to be specified in a document published by the Secretary of State.

[^f00056]: Article 5 of Decision 2007/777 was amended by S.I. 2020/1462 and 2022/735.

[^f00057]: The reference to a country’s BSE status is to the status of a country determined in accordance with Article 5 of Regulation 999/2001 of the European Parliament and the Council, laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies. Details of each country’s BSE status are included in the document entitled “Bovine Spongiform Encephalopathy (BSE) risk status of trading partners”, published by the Secretary of State on 10th February 2023 in accordance with Article 5(7B) of that Regulation. This document can be found at. bse.pdf (amazonaws.com) and a hard copy of that document may be inspected at DEFRA, Seacole Building, 2 Marsham Street, London SW1P 4DF.

[^f00058]: EUR 999/2001. Article 5 was amended by S.I. 2019/170 (as amended by S.I. 2020/1388), 2019/588 (as amended by S.I. 2020/1463), 2020/1388 and 2022/735.

[^f00059]: The document referred to in Article 5(7B) is published online and can be found at Animal health status of countries approved to export animals and animal products to Great Britain - data.gov.uk. A hard copy of that document may be inspected at DEFRA, Seacole Building, 2 Marsham Street, London SW1P 4DF.

[^f00060]: EUR 142/2011. Annex 1 was amended by S.I. 2020/1388.

[^f00061]: EUR 2008/1333, as amended by S.I. 2019/860.

[^f00062]: EUR 999/2001, amended by S.I. 2019/170 (as amended by S.I. 2019/1220 and 2020/1388), 2019/588 (as amended by S.I. 2020/1463), 1220 and 1229, 2020/1388 and1463, 2021/1229, 2022/735, 1090 and 1315.

[^f00063]: EUR 852/2004, amended by S.I. 2019/642 (as amended by S.I. 2020/1504) and 2023/959.

[^f00064]: Article 8 was amended by S.I. 2019/170 (as amended by S.I 2020/1388), 2019/588 (as amended by S.I. 2020/1463) and 2020/1388.