Explanatory note

These Regulations amend Regulation (EU) 2017/625 of 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 products (“Official Controls Regulation”).

They also amend Commission Decision 2006/168/EC, Commission Decision 2007/777/EC, Commission Regulation (EC) 798/2008, Commission Regulation (EU) 206/2010, Commission Decision 2010/472/EU, Commission Regulation (EU) 605/2010, the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197), the Trade in Animals and Related Products (Wales) Regulations 2011 (S.I. 2011/2379 (W. 252)), Commission Regulation (EU) 142/2011, Commission Decision 2011/163/EU, Commission Implementing Decision 2011/630/EU, the Trade in Animals and Related Products (Scotland) Regulations 2012 (S.S.I. 2012/177), Commission Implementing Decision 2012/137/EU, Regulation (EU) 2016/2031, Commission Implementing Regulation (EU) 2018/659, Commission Implementing Regulation (EU) 2019/626, Commission Delegated Regulation (EU) 2019/1602, Commission Implementing Regulation (EU) 2019/2130. These are all secondary assimilated law within the meaning of section 11(2) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28), as read with sections 5, 14(10) and 15(2) of that Act.

Part 2 amends the Official Controls Regulation. This includes amendments to enable official plant health officers to carry out more functions, the removal of a requirement for all imported consignments to be subject to a documentary check, an expansion of the available exemptions from official controls, including of the powers to set these, and provision for both civil sanctions and appeals against decisions made under the legislation.

Part 3 amends other legislation also relevant to official controls carried out on imported consignments. This includes amendments to the means by which conditions for imports from third countries can be added or removed.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.