The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024
| Jurisdiction | UK Non-devolved |
| Year | 2024 |
| Citation | SI 2024/20 |
2024 No. 20
Animals
Food
Plant Health
Trade
The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024
Made 8th January 2024
Laid before Parliament 9th January 2024
Coming into force 31th January 2024
The Secretary of State makes the following Regulations in exercise of the powers conferred by—
(a) paragraph 11A of Schedule 2 to the Trade in Animals and Related Products Regulations 20111, and
(b) Article 144(6) of, and paragraphs 2 and 3 of Annex 6 to, Regulation (EU) 2017/625of 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 products2(“the Official Controls Regulation”).
In accordance with Article 144(7) of the Official Controls Regulation, before making these Regulations, the Secretary of State has consulted such bodies and persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by these Regulations and such other bodies or persons as the Secretary of State considers appropriate.
In accordance with Article 3(2B) of the Official Controls Regulation, the Welsh Ministers, in relation to the application of these Regulations in relation to Wales, and the Scottish Ministers, in in relation to the application of these Regulations in relation to Scotland, have consented to the making of these Regulations by the Secretary of State.
PART 1
Introductory
Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024 and come into force on 31st January 2024.
(2) These Regulations extend to, and apply in relation to, England and Wales and Scotland, save that—
(a)
(a) regulations 3, 5 and 10 apply in relation to England only;
(b)
(b) regulations 6 and 7 apply in relation to Wales only;
(c)
(c) regulation 8 applies in relation to Scotland only.
PART 2
Extension of the transitional staging period
Amendment to the Official Controls (Extension of Transitional Periods) Regulations 2021
2.—(1) The Official Controls (Extension of Transitional Periods) Regulations 20213are amended as follows.
(2) In regulation 2 (end of the transitional staging period)—
(a)
(a) as it applies in relation to England, for “31st January” substitute “29th April”;
(b)
(b) as it applies in relation to Scotland and Wales, for “31 January” substitute “29th April”.
Amendment to the Meat Preparations (Amendment and Transitory Modification) (England) (EU Exit) Regulations 2020
3.—(1) The Meat Preparations (Amendment and Transitory Modification) (England) (EU Exit) Regulations 20204are amended as follows.
(2) In regulation 3(1), for “at midnight on 31st January 2024” substitute “on 29th April 2024”.
PART 3
Plant health certification
Amendments relating to the requirement for plant health certification: England and Wales and Scotland
4.—(1) The Plant Health (Amendment etc.) (EU Exit) Regulations 20205(“the 2020 Regulations”) are amended, as they apply in relation to England and Wales and in relation to Scotland, as follows.
(2) In regulation 52 (transitional provision: plants, plant products and other objects from EU Member States)—
(a)
(a) for paragraph (1) substitute—
“
1 This regulation applies to plants, plant products and other objects which—
(a) originate in, or are dispatched from, an EU Member State, Liechtenstein or Switzerland; and
(b) are introduced into Great Britain on or after 31st January 2024 and before the end of the transitional staging period.
”;
(b)
(b) in paragraph (2), for sub-paragraph (a) substitute—
“
(a)
(a) Article 72(1) of Regulation (EU) 2016/2031does not apply in relation to plants which—
(i) are of a kind other than those listed in Schedule 2; and
(ii) meet the conditions specified in paragraph (2A) or (2B);
”;
(c)
(c) after paragraph (2), insert—
“
2A The conditions specified in this paragraph are that the plants—
(a) are introduced into Great Britain as part of a traveller’s personal luggage; and
(b) are not to be used for professional or commercial purposes.
2B The condition specified in this paragraph is that the plants are of a category specified in column 1, and of a description specified in the corresponding entry in column 2, of the table in Schedule 2A.
2C Article 72(1) does not apply in relation to plants, plant products or other objects of a kind other than those listed in Schedule 2 which are dispatched from an EU Member State, Liechtenstein or Switzerland before 31st January 2024.
”;
(d)
(d) omit paragraph (3).
(3) After Schedule 2, insert Schedule 2A contained in Schedule 1 to these Regulations.
PART 4
Transitional provision relating to products of animal origin, animal by-products and derived products
Amendments to the Trade in Animals and Related Products Regulations 2011
5.—(1) The Trade in Animals and Related Products Regulations 20116are amended as follows.
(2) In regulation 2 (interpretation), at the end insert—
“
4 The terms used in Schedule 6 have the same meaning as in Commission Regulation (EU) No 142/2011.
(3) In Schedule 5—
(a)
(a) in paragraph 5—
(i) in sub-paragraph (3A)—
(aa) in the words before paragraph (a), for “Paragraph (3)” substitute “Sub-paragraph (3)”;
(bb) omit paragraph (b) and the “or” before it;
(ii) omit sub-paragraph (3B);
(iii) after sub-paragraph (3A), insert—
“
3C In relation to the relevant goods referred to in sub-paragraph (3) entering England from the Republic of Ireland on or after 31st January 2024, the requirement that the goods be pre-notified before entry does not apply where the condition in sub-paragraph (3D) is met.
3D The condition is that the goods are qualifying Northern Ireland goods that, in the course of passing from Northern Ireland into England, have passed through the Republic of Ireland and have not passed through any other country or territory.
”;
(iv) after sub-paragraph (4)(b), insert—
“
(c)
(c) “qualifying Northern Ireland goods” has the meaning given by regulation 3 of the Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 20207.
”;
(b)
(b) in paragraph 6—
(i) omit sub-paragraph (1)(b)(ii);
(ii) after sub-paragraph (1)(b), insert—
“
(ba)
(ba) from 31st January 2024—
(i) relevant goods consisting of products of animal origin may not be imported into Great Britain at any place in England unless they are accompanied by—
(aa) the appropriate health certificate for third country imports in the form published by the Secretary of State from time to time; or
(bb) where they meet the conditions in sub-paragraph (1A) or are listed in sub-paragraph (1B), relevant commercial documents which at least identify the premises of origin and destination and contain a description of the product and the quantity of the product; and
(ii) relevant goods consisting of animal by-products or derived products may not be imported into Great Britain at any place in England unless they are accompanied by—
(aa) in the case of goods listed in column 1 of the table in Schedule 6 which are stated in the health certificate to be intended for the use (or use of a kind) mentioned in relation to those goods in column 2 of that table, the appropriate health certificate for third country imports in the form published by the Secretary of State from time to time; or
(bb) in any other case, relevant commercial documents which at least identify the premises of origin and destination and contain a description of the product and the quantity of the product.
”;
(c)
(c) after sub-paragraph (1), insert—
“
1A The conditions referred to in sub-paragraph (1)(ba)(i)(bb) are that they—
(a) are shelf-stable at ambient temperature;
(b) are securely packaged or sealed in clean containers; and
(c) are not one of the following categories of goods—
(i) infant formula;
(ii) follow-on formula;
(iii) baby food;
(iv) food for special medical purposes;
(v) beeswax;
(vi) pollen;
(vii) propolis;
(viii) royal jelly; or
(ix) products derived from live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods.
1B The products referred to in sub-paragraph (1)(ba)(i)(bb) are—
(a) composite products listed in a document published by the Secretary of State under Article 3(1)(a) of Commission Decision 2007/275 or referred to in Article 4 of that Decision, except for products listed in sub-paragraph (1A)(c)(i) to (iv) and (ix);
(b) dairy products or colostrum-based products that have been subject to a heat treatment referred to in point 2(1) of Chapter 2, Section 4 of Annex 3 to Regulation 853/2004, except for fresh milk and the products listed in sub-paragraph (1A)(c)(i) to (iv);
(c) fresh fishery products or prepared fishery products that are—
(i) from wild freshwater or seawater animals of species other than of theScombridae, Clupeidae, Engraulidae, Coryfenidae, Pomatomidae,or Scombresosidaefamilies, and
(ii) either not live or non-viable;
(d) gelatine;
(e) collagen;
(f) highly refined products of animal origin;
(g) honey;
(h) rendered animal fat;
(i) greaves.
(d)
(d) in sub-paragraph (2), after “sub-paragraph (1)(b)” insert “and (ba)”;
(e)
(e) after sub-paragraph (2), insert—
“
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