The Official Controls (Extension of Transitional Periods) (England and Wales) (Amendment) (No. 2) Regulations 2021
S.I. 2021/1443 · Made 15 December 2021 · Extends to England and Wales
Animals, England And Wales
Food, England And Wales
Plant Health, England And Wales
Made at 12.18 p.m. on 15th December 2021
Laid before Parliament at 4.30 p.m. on 15th December 2021
Coming into force 30th December 2021
The Secretary of State makes the following Regulations in exercise of the powers conferred by—
Article 144(6) of, and paragraph 2 of Annex 6 to, 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 productsf1;
paragraph 11A(1) of Schedule 2 to the Trade in Animals and Related Products Regulations 2011f2.
In accordance with Article 144(7) of Regulation (EU) 2017/625, 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)(b) of Regulation (EU) 2017/625f3, the Welsh Ministers, in relation to the application of these Regulations to Wales, have consented to the Secretary of State making these Regulations.
Annotations to the whole text
Footnotes
- f1
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EUR 2017/625. Article 144 is substituted, and Annex 6 inserted, by S.I. 2020/1481. Annex 6 is amended by S.I. 2021/429, 2021/809 and 2021/1096 and by S.S.I. 2021/342.
- f2
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S.I. 2011/1197; relevant amending instruments are S.I. 2019/1488, 2020/109, 2020/1462 and 2020/1631, 2021/429, 2021/809 and 2021/1096. Paragraph 11A of Schedule 2 is inserted by S.I. 2020/1631 and enables the Secretary of State to amend, modify or revoke any retained direct minor EU legislation made under Article 8(4) of Council Directive 2002/99/EC (O.J. No. L 18, 23.1.2008, p.11). S.I. 2020/1666, which is amended by regulation 6 of this instrument, amends Commission Decision 2000/572/EC (EUDN 2000/572). Commission Decision 2000/572/EC (O.J. No. L 240, 23.9.2000, p.19) was adopted under Council Directive 94/65/EC (O.J. No. L 368, 31.12.1994, p.10). Council Directive 94/65/EC was repealed by Directive 2004/41/EC of the European Parliament and of the Council (O.J. No. L 157, 30.4.2004, p.33), which provided in Article 4 that references to certain Directives, including Council Directive 94/65/EC, should be construed as being made, as the context demands, to Council Directive 2002/99/EC.
- f3
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Article 3(2B) is inserted by S.I. 2020/1481.
Contents
- 1Citation, commencement, extent and application
- 2Amendments to Regulation (EU) 2017/625
- 3Amendments to the Trade in Animals and Related Products Regulations 2011
- 4Amendments to the Plant Health etc. (Fees) (England) Regulations 2018
- 5Amendments to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020
- 6Amendment to the Meat Preparations (Amendment and Transitory Modification) (England) (EU Exit) Regulations 2020
- 7Amendment to the Official Controls (Extension of Transitional Periods) Regulations 2021
- Signature
- Explanatory note
1Citation, commencement, extent and applicationI1
These Regulations—
may be cited as the Official Controls (Extension of Transitional Periods) (England and Wales) (Amendment) (No. 2) Regulations 2021; and
come into force on 30th December 2021.
2Amendments to Regulation (EU) 2017/625I1
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 is amended as follows.
In Annex 6, in paragraph 13, in the text of Article 56A, as inserted for the purposes mentioned in paragraph 3 of Annex 6—
in paragraph 4—
for “From 1st January 2022” substitute “Subject to paragraph 4A, from 1st January 2022”;
after sub-paragraph (b) insert—
“(c)animal by-products not already covered by paragraph 3(b).”;
after paragraph 4 insert—
“4A.Paragraph 4 does not apply to relevant goods which—
(a)are within the scope of Article 7 or Article 10 of Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the marketf1; or
(b)are imported into Great Britain from the Republic of Ireland where the condition in paragraph 4B is met.
4B.The condition is that the goods were produced in Northern Ireland or the Republic of Ireland, and for these purposes goods are taken to be produced in Northern Ireland or the Republic of Ireland if they are processed there.”.
3Amendments to the Trade in Animals and Related Products Regulations 2011I1
The Trade in Animals and Related Products Regulations 2011f1 are amended as follows.
In Schedule 5—
in paragraph 5—
in sub-paragraph (3)—
for “From 1st January 2022” substitute “Subject to sub-paragraph (3A), from 1st January 2022”;
after “products of animal origin” insert “or animal by-products not already covered by paragraph (2)(c)”;
after F1sub-paragraph (3), insert—
“(3A)Paragraph (3) does not apply to relevant goods which—
(a)are within the scope of Article 7 or Article 10 of Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market; or
(b)are imported into Great Britain from the Republic of Ireland where the condition in paragraph (3B) is met.
(3B)The condition is that the goods were produced in Northern Ireland or the Republic of Ireland, and for these purposes goods are taken to be produced in Northern Ireland or the Republic of Ireland if they are processed there.”;
for paragraph 8(a) substitute—
“(a)in paragraph (1)—
(i)for “the checks at a border control post” there were substituted “checks”;
(ii)after “Official Controls Regulation” there were inserted “or, in the case of relevant goods, does not comply with the provisions of Schedule 5”;”;
for paragraph 9 substitute—
“Regulation 23 applies as if, in paragraph (1)—
(a)for “the checks at a border control post” there were substituted “checks”;
(b)after “Official Controls Regulation” there were inserted “or, in the case of relevant goods, does not comply with the provisions of Schedule 5,”.
4Amendments to the Plant Health etc. (Fees) (England) Regulations 2018I1
The Plant Health etc. (Fees) (England) Regulations 2018f1 are amended as follows.
In regulation 3—
in paragraph (2E), for “1st March 2022” substitute “the end of the transitional staging period”;
in paragraph (3), after sub-paragraph (b) insert—
“(ba)“the transitional staging period” has the meaning given in Annex 6 to 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.”.
In the title to Schedule 2A, for “1st March 2022” substitute “the end of the transitional staging period”.
5Amendments to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020I1
The Plant Health (Amendment etc.) (EU Exit) Regulations 2020f1 are amended as follows.
In regulation 52—
for paragraph (1) substitute—
“(1)This regulation applies to plants, plant products and other objects, other than qualifying Northern Ireland goods, which—
(a)originate in, or are dispatched from, an EU Member State, and are introduced into Great Britain during the transitional staging period; or
(b)originate in, or are dispatched from, Liechtenstein or Switzerland, and are introduced into Great Britain after 25th November 2021 and before the end of the transitional staging period.”;
after paragraph (3) insert—
“(4)In paragraph (1), “the transitional staging period” has the meaning given in Annex 6 to 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.”.
6Amendment to the Meat Preparations (Amendment and Transitory Modification) (England) (EU Exit) Regulations 2020I1
The Meat Preparations (Amendment and Transitory Modification) (England) (EU Exit) Regulations 2020f1 are amended as follows.
In regulation 3(1), for “31st December 2021” substitute “30th June 2022”.
7Amendment to the Official Controls (Extension of Transitional Periods) Regulations 2021I1
For regulation 2 of the Official Controls (Extension of Transitional Periods) Regulations 2021f1 substitute—
“End of the transitional staging period
2.The appointed date for the purposes of sub-paragraph (b) of the definition of “the transitional staging period” in paragraph 2 of Annex 6 to 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 is 30th June 2022.”.
Signature
Benyon of Englefield
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
At 12.18 p.m. on 15th December 2021
Explanatory note
(This note is not part of the Regulations)
These Regulations amend, in regulation 7, the Official Controls (Extension of Transitional Periods) Regulations 2021 (S.I. 2021/809), in relation to England and Wales, to change the end date for “the transitional staging period” (defined in Annex 6 to Regulation (EU) 2017/625 (EUR 2017/625)) from 28th February 2022 (and 31st December 2021 in certain cases) to 30th June 2022.
Regulation 2 amends Regulation (EU) 2017/625, in relation to England and Wales, to exclude products within the scope of Article 7 (goods which form part of passengers’ luggage and which are intended for personal consumption or use) or Article 10 (small consignments of products sent to natural persons which are not intended to be placed on the market) of Commission Delegated Regulation (EU) 2019/2122 from requirements for imports of products of animal origin and certain plants, plant products and other objects to be subject to prior notification during the transitional staging period. Goods which are produced in Northern Ireland or the Republic of Ireland and imported from the Republic of Ireland are also excluded. This also introduces prior notification requirements for types of animal by-product not already made subject to such an obligation, and the same exclusions are applied to these goods. A similar amendment is made in regulation 3 to corresponding provisions in the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197) (“TARP Regulations”) in relation to products of animal origin and other types of animal by-products.
Regulation 3 amends the TARP Regulations to enable enforcement powers to remain available during the extended transitional staging period where they are exercised other than at border control posts in respect of animals and animal products in England.
Regulation 4 amends the Plant Health etc. (Fees) (England) Regulations 2018 (S.I. 2018/289) to align the timing of the imposition of certain fees in England with the extended transitional staging period.
Regulation 5 amends the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482) to update transitional provisions for certain plants, plant products and other objects with the extended transitional staging period.
Regulation 6 amends the Meat Preparations (Amendment and Transitory Modification) (England) (EU Exit) Regulations 2020 (S.I. 2020/1666) to extend the temporary suspension of the requirement for meat preparations to be deep frozen where they are imported into England from EEA member States, the Faroe Islands, Greenland or Switzerland, bringing it into line with the extended transitional staging period.
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.