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

PART 3Amendments to EU delegated and implementing acts

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 market35.

(1)

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 is amended as follows.

(2)

In Article 2—

(a)

in point (2), for “‘IMSOC’” substitute “the appropriate computerised information management system”;

(b)

after point (8), insert—

“(9)

‘entry into Great Britain’ or ‘entering Great Britain’ has the meaning given in Article 3(40) of Regulation (EU) 2017/62528;

(10)

‘third country’ has the meaning given in Article 3(2D) of Regulation (EU) 2017/62529;”;

(3)

In Article 3(1)(b)—

(a)

for “the Union” substitute “Great Britain”;

(b)

for “Member State” substitute “constituent territory of Great Britain”.

(4)

In Article 4—

(a)

in paragraph 1—

(i)

in point (a)—

(aa)

for “Member State of destination” substitute “constituent territory of destination in Great Britain”;

(bb)

for “the Union” substitute “Great Britain”;

(ii)

omit point (c);

(b)

omit paragraph 2.

(5)

In Article 5(3), for “IMSOC” in both places where it occurs, substitute “appropriate computerised information management system”.

(6)

In Article 6(1)(b) for “on Union territory” substitute “in Great Britain”.

(7)

In Article 8(1)—

(a)

for “the Union”, in the first place where it occurs, substitute “Great Britain”;

(b)

for the words from “at least” to “Union” substitute “English and may also be in Welsh”.

(8)

In Article 9(1), for “the Union” substitute “Great Britain”.

(9)

In Article 10(2), for “Member States” substitute “The competent authority”.

(10)

In Article 11—

(a)

in the opening words, for “the Union” substitute “Great Britain”;

(b)

in point (b)(i), for “Member States” substitute “the appropriate authority”;

(c)

in point (c), for “the Union” substitute “Great Britain”.

(11)

In Article 12(1)—

(a)

for “the Union”, in the first place where it occurs, substitute “Great Britain”;

(b)

for the words from “at least” to “Union”, in the second place where it occurs, substitute “in English and may also be in Welsh”.

(12)

After Article 12, insert—

“Article 12A

Derogations and modifications: relevant goods entering Great Britain from a relevant third country

1.

This Regulation applies subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/62530 and in paragraph 3 of this Article during the transitional staging period, in relation to relevant goods entering Great Britain from a relevant third country.

2.

In this Article ‘transitional staging period’, ‘relevant goods’ and ‘relevant third country’ have the meanings given in Annex 6 to that Regulation.

3.

Article 7 of this Regulation applies with the following derogations and modifications—

(a)

after “and which are” insert “relevant goods arriving from a relevant third country”;

(b)

omit the words from “provided that” to the end.”.

(13)

In the words following Article 15, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(14)

In Annex 2, in each model poster, for “the European Union”, in each place where it occurs, substitute “Great Britain”.

(15)

In Annex 3—

(a)

for “the EU”, in each place where it occurs and unless otherwise indicated in this paragraph substitute “Great Britain”;

(b)

in the opening words—

(i)

for “the European Union (EU)” substitute “Great Britain”;

(ii)

omit the words from “These procedures” to “Switzerland”;

(c)

in point 6—

(i)

for “official EU” substitute “appropriate”;

(ii)

for “a EU border” substitute “a border”.

(16)

In Annex 4, in the model poster, for “the EU” substitute “Great Britain”.

28

The definitions of ‘entry into Great Britain’ and ‘entering Great Britain’ in Article 3 of Regulation (EU) 2017/625 are inserted by regulation 3 of the Official Controls (Animals, Feed and Food, Plant Health etc) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481).

29

The definition of ‘third country’ was inserted by regulation 3(2) of those Regulations.

30

Annex 6 to Regulation (EU) 2017/625 is inserted by regulation 29(4) of the Official Controls (Animals, Feed and Food, Plant Health etc) (Amendment) (EU Exit) Regulations 2020.