OpenLegislation

Division 2 InterpretationC1P1C2F1

United Kingdom

Original text. Later amendments are not shown.

For the purposes of this Annex—

  • ‘appropriate frequency rate’ means, in relation to—

    1. (a)

      animals and goods other than those F2to which point (b) applies, the frequency of performance of official controls, determined by the competent authority in accordance with the factors specified in Article 44(2) and published online;

    2. (b)

      plants, plant products and other objects F3as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031 that originate in a relevant third country, except where the goods are F4excepted goods, the frequencies established under F5regulations made under Article 54(3);

  • F6“designated border control post”, in relation to any particular category of goods included in a consignment, means a border control post designated in relation to goods of that category;

  • F7“excepted goods” means plants, plant products or other objects originating in an EU Member State, Liechtenstein or Switzerland—

    1. (i)

      as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031, which enter Great Britain through a relevant port on or after 30th October 2024 and before F831st January 2027; or

    2. (ii)

      which are listed in the table in Schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 and which enter Great Britain on or after 30th October 2024 and before 1st July 2025;

  • F9“free circulation under Union customs legislation”, in relation to relevant goods, means that the goods were declared, in accordance with European Union customs legislation, for a procedure corresponding to the free-circulation procedure referred to in section 3(3)(a) of the Taxation (Cross-border Trade) Act 2018;

  • ‘prior notification’ means notification that has been given through the appropriate computerised information management system to the relevant competent authority in accordance with Article 56A;

  • ‘the relevant competent authority’ means the authority responsible, in accordance with legislation in force in the relevant constituent territory of Great Britain, for performing official controls on the particular category of relevant goods and at the particular place where the controls are to be carried out;

  • ‘relevant goods’ means animals and goods in the categories specified in F10Article 47(1)(a) to (d)F11, except for the goods listed in Annex 7 which come from a corresponding country of origin;

  • F12“relevant port” means any of the following seaports—

    1. (a)

      Ayr;

    2. (b)

      Barrow;

    3. (c)

      Barry;

    4. (d)

      Cardiff;

    5. (e)

      Cairnryan;

    6. (f)

      Ellesmere Port;

    7. (g)

      Fishguard;

    8. (h)

      Garston;

    9. (i)

      Greenock;

    10. (j)

      Heysham

    11. (k)

      Holyhead;

    12. (l)

      Lancaster;

    13. (m)

      Liverpool;

    14. (n)

      Mersey Wharf;

    15. (o)

      Newport;

    16. (p)

      Pembroke;

    17. (q)

      Port Talbot;

    18. (r)

      Royal Portbury (Bristol);

    19. (s)

      Seaforth Grain Terminal;

    20. (t)

      Silloth;

    21. (ta)

      Swansea;

    22. (v)

      Workington.

  • ‘relevant third country’ means—

    1. (a)

      a territory subject to special transitional import arrangements; or

    2. (b)

      a third country other than a territory subject to special transitional import arrangements where, before importation into Great Britain, the animals and relevant goods concerned—

      1. (i)

        have been presented to a member State border control post recognised by the appropriate authority; and

      2. (ii)

        are accompanied by a CHED which has been completed to the satisfaction of the relevant competent authority;

  • ‘territory subject to special transitional import arrangements’ means—

    1. (a)

      in relation to relevant goods falling within F13Article 47(1)(a), (b) or (d)—

      1. (i)

        an EEA state;

      2. (ii)

        the Faroe Islands;

      3. (iii)

        Greenland;

      4. (iv)

        Switzerland; or

    2. (b)

      in relation to relevant goods falling within Article 47(1)(c)—

      1. (i)

        an EU member State;

      2. (ii)

        Liechtenstein;

      3. (iii)

        Switzerland;

  • ‘the transitional staging period’ means the period beginning on IP completion day and ending on—

    1. (a)

      31st July 2021; or

    2. (b)

      such other date as the appropriate authority may by regulations appoint, being a date not earlier than 1st July 2021.

Annotations

Textual amendments

F1

Annex 6 inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 29(4) (with reg. 46)

F2

Words in Annex 6 para. 2 substituted (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557), regs. 1(2), 4(2)(a)

F3

Words in Annex 6 para. 2 substituted (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557), regs. 1(2), 4(2)(b)

F4

Words in Annex 6 para. 2 substituted (30.10.2024) by The Official Controls (Extension of Transitional Periods) and Plant Health (Frequency of Checks) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/1001), regs. 1(1), 2(2)(a)

F5

Words in Annex 6 para. 2 substituted (22.7.2022) by The Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2022 (S.I. 2022/621), regs. 1(1)(b), 2(2)(a)

F6

Words in Annex 6 para. 2 inserted (30.4.2024) by The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 4(2)(a) (with reg. 5)

F7

Words in Annex 6 para. 2 substituted (30.10.2024) by The Official Controls (Extension of Transitional Periods) and Plant Health (Frequency of Checks) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/1001), regs. 1(1), 2(2)(b)

F8

Words in Annex 6 para. 2 substituted (1.7.2025) by The Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2025 (S.I. 2025/526), regs. 1(2), 2(2)

F9

Words in Annex 6 para. 2 inserted (30.4.2024) by The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 4(2)(b) (with reg. 5)

F10

Words in Annex 6 para. 2 substituted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 11(2)(a)

F11

Words in Annex 6 para. 2 inserted (E.W.S.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 10(3)

F12

Words in Annex 6 para. 2 inserted (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557), regs. 1(2), 4(2)(d)

F13

Words in Annex 6 para. 2 substituted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 11(2)(b)

Modifications

C1

Annex 6 modified (4.3.2021) by The Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021 (S.I. 2021/136), regs. 1(1), 2(2)

C2

Annex 6 para. 2 applied (with modifications) (25.2.2025) by The Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/217), regs. 1(1), 2(5)

Subordinate legislation made

P1

Annex 6 para. 2: 31.1.2025 appointed for the purposes of sub-paragraph (b) of the definition of “transitional staging period” by The Official Controls (Extension of Transitional Periods) Regulations 2021 (S.I. 2021/809), regs. 1(1)(b), 2 (as amended: (E.W.) (29.9.2021) by S.I. 2021/1096, regs. 1(1)(b), 4; (S.) (1.10.2021) by S.S.I. 2021/297, regs. 1, 2(2); (S.) (1.10.2021) by S.S.I. 2021/297, regs. 1, 2(2); (E.W.) (30.12.2021) by S.I. 2021/1443, regs. 1(1)(b), 7; (S.) (1.1.2022) by S.S.I. 2021/493, regs. 1, 2(2); (29.6.2022) by S.I. 2022/621, regs. 1(1)(b), 4(2); (E.) (30.12.2022) by S.I. 2022/1374, regs. 1(b), 3(2); (W.) (30.12.2022) by S.I. 2022/1317, regs. 1(2)(c), 2(2); (S.) (1.1.2023) by S.S.I. 2022/371, regs. 1, 2(2); (E.S.) (31.1.2024) by S.I. 2024/20, regs. 1(1), 2(2)(a); (W.) (31.1.2024) by S.I. 2024/20, regs. 1(1), 2(2)(b); and (28.4.2024) by S.I. 2024/540, regs. 1(2), 4