# The Official Controls (Location of Border Control Posts) (Scotland) Regulations 2026, Regulation 2: Amendment of Commission Delegated Regulation (EU) 2019/1012


(1) Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts is amended as follows.
(2) In Article 1(b) (subject matter) omit “due to specific geographical constraints”.
(3) In Article 3 (border control posts situated at a distance other than in the immediate vicinity of the point of entry into Great Britain)—
(a) in paragraph 1, for “, provided that” to the end substitute “in the cases described in paragraph 1A”,
(b) after paragraph 1 insert—
“1A. The cases are where:
(a) this is necessitated by specific geographical constraints in accordance with paragraph 2, and the conditions laid down in paragraph 3 are fulfilled, or
(b) the border control post and the point of entry are situated in the same freeport, and the conditions laid down in paragraph 3A are fulfilled.
1B. In paragraph 1A(b) “freeport” means an area which is identified as such in a document published by, or with the consent of, the Treasury for the purposes of section 113 of the Finance Act 2021 (and not withdrawn).”,
(c) in paragraph 2 for “paragraph 1” substitute “paragraph 1A(a)”,
(d) in paragraph 3 for “paragraph 1” substitute “paragraph 1A(a)”,
(e) after paragraph 3 insert—
“3A. Where a competent authority decides to designate one or more border control posts referred to in paragraph 1A(b), the designation shall be subject to compliance with the following conditions:
(a) the designation must not be for the purposes of performing official controls on one or more categories of animals, and
(b) the competent authority must be satisfied that the person who will be responsible for operating the border control post will put in place adequate measures to manage any risk to human, animal or plant health, or risk to the environment, arising from the location of the border control post.”.

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Source: https://www.legislation.gov.uk/ssi/2026/61/regulation/2 (the official version)
Page: https://openlegislation.uk/official-controls-location-of-border-control-posts-scotland-regulations-2026/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.