OpenLegislation

Article 128 Special measures regarding the entry to Great Britain of certain animals and goodsF10

United Kingdom

Original text. Later amendments are not shown.

1.

Where, in cases other than those referred to in Article 53 of Regulation (EC) No 178/2002 and Article 249 of Regulation (EU) 2016/429, there is evidence that the entry into F1Great Britain of certain animals or goods originating from a third country, a region thereof or a group of third countries, pose a risk to human, animal or plant health or, as regards GMOs, also to the environment, or where there is evidence that widespread serious non-compliance with the rules referred to in Article 1(2) of this Regulation is taking place, the F2appropriate authority F3may make regulations laying down the measures necessary to contain such risk or put an end to the identified non-compliance. F4...

2.

The F5regulations referred to in paragraph 1 shall identify animals and goods by referring to their codes from the F6classification 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 or under any other enactment, and may include:

(a)

the prohibition of entry into Great Britain of the animals and goods referred to in paragraph 1 originating in or dispatched from the third countries concerned or regions thereof;

(b)

the requirement that the animals and goods referred to in paragraph 1 originating in or dispatched from certain third countries or regions thereof be subject, prior to dispatch, to specific treatment or controls;

(c)

the requirement that the animals and goods referred to in paragraph 1 originating in or dispatched from certain third countries or regions thereof be subject, upon entry into Great Britain, to specific treatment or controls;

(d)

the requirement that consignments of the animals and goods referred to in paragraph 1 of this Article originating in or dispatched from certain third countries or regions thereof, be accompanied by an official certificate, an official attestation, or by any other evidence that the consignment complies with requirements established by the rules referred to in Article 1(2) or with requirements recognised to be at least equivalent thereto;

(e)

the requirement that the evidence referred to in point (d) be provided in accordance with a specific format;

(f)

other measures necessary to contain the risk.

F7The regulations may include provision allowing the appropriate authority from time to time to specify and publish online the required format for the purposes of point (e);

3.

When adopting the measures referred to in paragraph 2, account shall be taken of:

(a)

the information collected in accordance with Article 125;

(b)

any other information that the third countries concerned have provided; and

(c)

where necessary, the results of F8controls carried out by experts appointed by the appropriate authority provided for in Article 120(1).

F94.

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Annotations

Textual amendments

F1

Words in Art. 128 substituted (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, 22(7)(a) (with reg. 46)

F2

Words in Art. 128(1) substituted (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, 22(7)(b)(i) (with reg. 46)

F3

Words in Art. 128(1) 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), 8

F4

Words in Art. 128(1) omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 22(7)(b)(ii) (with reg. 46)

F5

Word in Art. 128(2) substituted (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, 22(7)(c)(i)(aa) (with reg. 46)

F6

Words in Art. 128(2) substituted (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, 22(7)(c)(i)(bb) (with reg. 46)

F7

Words in Art. 128(2) 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, 22(7)(c)(ii) (with reg. 46)

F8

Words in Art. 128(3)(c) substituted (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, 22(7)(c)(iii) (with reg. 46)

F9

Art. 128(4) omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 22(7)(d) (with reg. 46)

F10

Words in Art. 128 heading substituted (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, 22(6) (with reg. 46)

Notes on Title VI

Textual amendments

F1

Title 6 heading substituted (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, 21(1) (with reg. 46)

Notes on Chapter II

Textual amendments

F1

Words in Title 6 Ch. 2 heading substituted (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, 22(1) (with reg. 46)