The Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/136 |
(1) These Regulations may be cited as the Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021 and come into force on 4th March 2021.(2) These Regulations extend to England and Wales, and Scotland.for the duration of the transitional staging period F10falling on or after 4th March 2021 , andfor the purpose of supplementing and modifying the transitional derogations and modifications specified in Article 168 of, and Annex 6 to the Official Controls Regulation. (2) Those transitional derogations and modifications have effect in relation to the importation of Solanum tuberosum L (ware potatoes) as if, in the definition of “territory subject to special transitional import arrangements” in paragraph 2 of Annex 6, in paragraph (b) , for sub-paragraphs (i) to (iii) there were substituted— of the Official Controls Regulation. (4) The operator in charge of the place of destination must ensure that the contents of a consignment of specified goods presented for official control checks in accordance with paragraph (1) neither leave the place of destination, nor are separated, before the competent authority determines that the consignment has passed the official control checks.(5) Official control checks performed in accordance with this regulation include a documentary check, and, where the competent authority considers it appropriate (having regard to the extent of the risk to human, animal or plant health, animal welfare or, as regards plant protection products, the environment) , may include identity checks and physical checks.(6) In the event that the competent authority considers that physical checks at the place of destination are required, the competent authority must notify the importer.equipment for the weighing of consignments where its use is relevant to the inspection;equipment to unload, open and examine consignments for inspection, andcleansing and disinfecting equipment and instructions for use.“the competent authority” has the meaning given by Article 3(3) of the Official Controls Regulation;“importer”, in relation to any specified goods, means a person who is importing or has imported the goods;“official control checks” means official controls within the meaning given by Article 2 of the Official Controls Regulation carried out on specified goods at the place of destination;“documentary check”, “identity check”, “operator”, and “physical check” have the meanings given by Article 3 of the Official Controls Regulation;“pest” means any of the pests within the meaning given by Article 1(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;“place of destination”, in relation to any specified goods, means the first place where the goods are delivered for unloading in Great Britain.(1) The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 have effect in relation to specified goods entering Great Britain from a relevant third country during the transitional staging period, subject to the following modifications. (2) In regulation 2, after the definition of “Phytosanitary Conditions Regulation”, insert—“ or place of destination or, where required, any other place specified in Article 44(3) ” ;in the entry relating to Article 50(1) , in the second column, at the end insert “ or place of destination or, where required, any other place specified in Article 44(3) ” ;in the first column, insert “ Article 56A ” ;in the second column, insert—
- (i) Poland;
- (ii) Portugal;
- (iii) Romania:
- (iv) Spain;
- “place of destination” in relation to any specified goods, means the first place where the goods are delivered for unloading in Great Britain, and for this purpose “specified goods” means plants, plant products and other objects specified in the Schedule to the Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021
- During the transitional staging period, requires the operators of relevant goods from a relevant third country, to give prior notification to the relevant competent authority before the expected time of arrival of the goods at a point of entry in Great Britain.
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