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

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Introduction

PART 1
Introductory

1 Citation and commencement

PART 2
Amendments to Regulation (EU) 2017/625

2 Amendments to Regulation (EU) 2017/625 of the European Parliament and of the Council

3 Amendments to Title 1

4 Amendments to Title 2, Chapter 1

5 Amendments to Title 2, Chapter 2, Section 1

6 Amendments to Title 2, Chapter 2, Section 2

7 Amendments to Title 2, Chapter 3

8 Amendments to Title 2, Chapter 4

9 Amendments to Title 2, Chapter 5

10 Amendments to Title 2, Chapter 5, Section 1

11 Amendments to Title 2, Chapter 5, Section 2

12 Amendments to Title 2, Chapter 5, Section 3

13 Amendments to Title 2, Chapter 5, Section 4

14 Amendments to Title 2, Chapter 5, Section 5

15 Amendments to Title 2, Chapter 5, Section 6

16 Amendments to Title 2, Chapter 6

17 Amendments to Title 2, Chapter 7

18 Amendments to Title 3

19 Amendments to Title 4

20 Amendments to Title 5

21 Amendments to Title 6, Chapter 1

22 Amendments to Title 6, Chapter 2

23 Omission of Title 6, Chapter 3

24 Amendments to Title 6, Chapter 4

25 Amendments to Title 7, Chapter 1

26 Amendments to Title 7, Chapter 2

27 Amendments to Title 8, Chapter 1

28 Amendments to Title 8, Chapter 2

29 Amendments to the Annexes

PART 3
Amendments to EU delegated and implementing acts

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

31 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

32 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

33 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

34 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

35 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

36 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

37 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

38 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)

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

39 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

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

PART 5
Amendments to EU Exit Legislation

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

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

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

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

PART 6
Revocations, savings and transitional provision

45 The Regulations listed in the Schedule are revoked.

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

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

SCHEDULES

SCHEDULE Revocations

Signature

Explanatory note

Changes to legislation:

There are currently no known outstanding effects for The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020, Section 33. Help about Changes to Legislation

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Changes to Legislation

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PART 3Amendments to EU delegated and implementing acts

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 products33.

(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—

“Article 2Definitions

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 M1;

(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 M2.”.

(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 M3 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.”.