The Official Controls (Miscellaneous Amendments) Regulations 2024

after the definition of “appropriate frequency rate” insert—

• ““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;”;

in the appropriate place insert—

• ““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;”;

in paragraph 5, in the text inserted into Article 44, for paragraph 1B substitute—

“1B.

The following categories of relevant goods mentioned in Article 47(1)(a) or (b) from a relevant third country may enter Great Britain through any point of entry—

(a)

live animals; and

(b)

goods exempted from Article 47(1) in accordance with assimilated direct minor legislation or any regulations made under Article 48(d).

1BA.

From 30th April 2024, and subject to paragraphs 1BB and 1BC, relevant goods mentioned in Article 47(1)(b) or (d) (other than those falling within paragraph 1B) from a relevant third country must enter Great Britain through a designated border control post.

1BB.

Relevant goods falling within paragraph 1BA coming to Great Britain directly from the Republic of Ireland which—

(a)

originate in a territory subject to special transitional import arrangements, or

(b)

are in free circulation under Union customs legislation,

may enter Great Britain either through a designated border control post or, as regards England and Wales, through any point of entry mentioned in paragraph 1BC.

1BC.

The points of entry referred to in paragraph 1BB are—

(a)

in relation to England, Heysham; and

(b)

in relation to Wales, any point of entry in Wales.

1BD.

From 30th April 2024, and subject to paragraphs 1BE and 1BF, relevant goods mentioned in Article 47(1)(c) which are listed in accordance with Article 72(1) of the Plant Health Regulation must enter Great Britain through a designated border control post.

1BE.

Relevant goods listed in Annex 8 which either—

(a)

originate in a territory subject to special transitional import arrangements, or

(b)

are in free circulation under Union customs legislation,

may enter Great Britain through any point of entry.

1BF.

Relevant goods falling within paragraph 1BD coming to Great Britain directly from the Republic of Ireland which either—

(a)

originate in a territory subject to special transitional import arrangements, or

(b)

are in free circulation under Union customs legislation,

may enter Great Britain either through a designated border control post or through any point of entry mentioned in paragraph 1BG.

1BG.

The points of entry referred to in paragraph 1BF are—

(a)

in relation to England, Heysham;

(b)

in relation to Wales, Fishguard and Holyhead;

(c)

in relation to Scotland, Cairnryan.”;

in paragraph 6—

in paragraph 8(a), in the text inserted into Article 49(1), for “any of the places specified in Article 44(3)” substitute “a border control post, at another point of entry into Great Britain or at the destination of a consignment.”;

in paragraph 13, in the inserted Article 56A—

omit paragraph 13A and after paragraph 13A^f1 insert—

“13B.

In Article 66, after paragraph 6, insert—

“6A.

This paragraph applies where—

(a)

there is non-compliance with the rules referred to in Article 1(2) in relation to relevant goods, other than live animals, entering Great Britain from a relevant third country on or after 30th April 2024; and

(b)

the competent authority considers that the non-compliance is minor and technical and does not pose a risk to human, animal or plant health or to the environment.

6B.

Where paragraph 6A applies—

(a)

paragraph 1 applies as if—

(i)

for “shall”, in the first three places where it occurs, there were substituted “may”; and

(ii)

after “consignment and” insert “, where it does so,”;

(b)

in paragraph 3, in the first place where it occurs, for “shall” there were substituted “may”; and

(c)

in paragraph 6, for “shall” there were substituted “may”.”.”.

are required under the rules mentioned in Article 1(2)(a) to (g) of the Official Controls Regulation to be accompanied by official certificates; and

enter Great Britain through a point of entry for which a border control post is designated.

presented at the border control post of first arrival—

presented to the competent authority of the border control post of first arrival—

where the official certificate is a phytosanitary certificate, within 3 working days beginning with the day of arrival of the consignment to which the certificate relates; or

in any other case, within 5 working days beginning with the day of arrival of the consignment to which the certificate relates.

a certificate signed and issued in accordance with Articles 88 and 89 of the Official Controls Regulation and—

where the certificate is—

in paragraph (1), for “specified goods” substitute “relevant goods”;

omit paragraph (2);

in paragraph (3)—

in paragraph (1), for “specified goods” substitute “relevant goods”;

omit paragraph (2); and

in paragraph (3), omit sub-paragraphs (a) and (b).

at the beginning, after the heading insert—

“

Solanaceae Juss. and Ipomoea L.

Vegetable products not elsewhere specified or included, fresh.

7

”

in the row beginning with “Leafy vegetables of Apium graveolens L.”—

in the row beginning with “Momordica L.”, in the second column, at the beginning insert a new line “Fruits of the genus Capsicum or of the genus Pimenta.”;

in the row beginning with “Carica papaya L.”—

at the beginning insert—

“

Solanaceae Juss. and Ipomoea L

Vegetable products not elsewhere specified or included, fresh.

7

”

in the row beginning with “Leafy vegetables of Apium graveolens L.”,—

in the row beginning with “Momordica L.”, in the second column, at the beginning insert a new line “Fruits of the genus Capsicum or of the genus Pimenta.”;

in the row beginning with “Carica papaya L.”—

in relation to animal by-products and derived products, in paragraphs (2), (4) and (5), and

in relation to products of animal origin, in paragraphs (2), (3) and (5),

are listed in the first column of Table 1 or Table 2 in Schedule 2;

meet the appropriate conditions for that category of goods specified in the second and third columns of the corresponding row in Table 1 or Table 2 of that Schedule;

meet any conditions specified for that category of goods under—

are labelled in English.

be clearly identified as intended for human consumption;

be securely packaged in visibly clean containers;

not be—

be accompanied by a commercial document providing—

be produced, stored and transported in accordance with the relevant standards laid down by Regulation 853/2004 and Regulation 178/2002 and assimilated direct minor legislation or regulations made under, or having effect as made under, those Regulations; and

meet the requirements of Regulation 2019/625 and Regulation 2019/628 relevant to the particular category of goods.

come from a third country listed in relation to the import of the particular category of goods either—

meet the relevant standards and requirements, set out in Regulations 1069/2009 and 142/2011, for that particular category of goods; and

are accompanied, where required by Regulation 1069/2009 or Regulation 142/2011, by a commercial document—

in the assimilated direct legislation referred to in relation to that category of goods in the third column of Table 1 or, as the case may be, Table 2 in Schedule 2;

in any documents published by the Secretary of State in accordance with requirements under the legislation referred to in the third column of Table 1 or, as the case may be, Table 2 in Schedule 2; and

in Table 3 in Schedule 2.

in accordance with the requirements of Article 56(3)(a) and (4) of the Official Controls Regulation; and

in accordance with the notice period set out in Article 1 of Regulation 2019/1013.

of non-compliance with the rules referred to in Article 1(2) of the Official Controls Regulation;

that the consignment contains animals or goods—

of fraudulent or deceptive practices by an operator.

in paragraph 1, at the end insert “, except where paragraphs 3 to 8 apply.”;

at the end insert—

“3.

Where the appropriate authority has conducted an assessment in relation to—

(a)

the risks attached to the importation of—

(i)

a species or category of animal, or

(ii)

a category of goods mentioned in paragraph 1, and

(b)

the risks posed by the importation of that category of animals or goods from (as the case may be) a particular region, third country, or part of a country,

the appropriate authority may determine the frequency rate which is to apply to that category of animals or goods.

4.

In determining the frequency rate to apply in accordance with paragraph 3, the appropriate authority musttake into account the factors specified in Article 44(2) of the Official Controls Regulation.

5.

Where, in accordance with paragraph 3, the appropriate authority has determined the frequency rate to apply to a species of animal or category of goods or products, the authority must publish the frequency rate online.

6.

Where—

(a)

the appropriate authority has concluded an agreement as referred to in paragraph 2, or

(b)

direct assimilated legislation or other national rules require an increase in the frequency rates published online,

the frequency rates determined in accordance with paragraph 3 must be increased, or as the case may be, decreased, in accordance with the requirements of that agreement, legislation or rule.

7.

The frequency rates determined by the appropriate authority under or in accordance with this Regulation, in relation to—

(a)

meat and edible offal of sheep, fresh, chilled or frozen, originating in New Zealand,

(b)

poultry meat products originating in China or Thailand, and

(c)

pet food and dogchews originating in any third country,

must be no lower than the frequency rates applying in relation to corresponding goods being imported into Northern Ireland.

8.

In this Article, a reference to the determination of the frequency rate by the appropriate authority includes the redetermination of the rate from time to time.”.

for paragraph 4 substitute—

“4.

(1)

Regulation 13 applies to relevant goods as if for that regulation there were substituted—

“13.

(1)

From 30th April 2024, and subject to sub-paragraphs (2) and (3), no product may be brought into England from a third country otherwise than through a point of entry for which a border control post is designated for the relevant category of product.

(2)

Live animals coming from a relevant third country may continue to enter England through any point of entry.

(3)

Relevant goods (other than live animals) coming from the Republic of Ireland—

(a)

which fall within the description in paragraph 1(a) of Schedule 5, or

(b)

fall within the description in paragraph 1(b) of Schedule 5 and have been cleared for free circulation under Union customs legislation,

may enter England either through a border control post designated in relation to the particular category of product included in the consignment or through Heysham.”.”;

in paragraph 5—

in paragraph 6—

for paragraph 7 substitute—

“7.

Regulation 19 applies as if for that regulation there were substituted—

“19.

(1)

Subject to sub-paragraph (4), an enforcement authority may seize any consignment of relevant goods brought into England from a relevant third country otherwise than—

(a)

through a point of entry for which a border control post is designated for the category of product included in the consignment; or

(b)

where the goods fall within the description in regulation 13(3)(a) or (b), as modified by paragraph 4(1) of Schedule 5, either through a point of entry mentioned in paragraph (a) or through Heysham.

(2)

An enforcement authority may seize any consignment which is removed from a point of entry into England without a CHED or without authorisation by the competent authority.

(3)

An enforcement authority may seize any consignment which is transported from a point of entry in England to a destination other than that specified in the CHED.

(4)

Sub-paragraph (1) does not apply in relation to consignments of live animals.”.”.

for paragraph 8 substitute—

“8.

(1)

Regulation 20 applies as if—

(a)

for paragraph (1) there were substituted—

“(1)

This regulation applies, subject to paragraphs (1A) and (1B), in relation to any consignment of a product if any checks carried out show that the consignment does not comply with—

(a)

the requirements of these Regulations, as they have effect subject to the transitional modifications specified in Schedule 5; or

(b)

the rules referred to in Article 1(2) of the Official Controls Regulation.

(1A)

This paragraph applies where—

(a)

there is non-compliance with the rules referred to in paragraph (1); and

(b)

the official veterinary surgeon or the official fish inspector (as appropriate) considers that the non-compliance is minor and technical and does not pose a risk to human, animal or plant health, or to the environment.

(1B)

Where paragraph (1A) applies, paragraphs (2) and (3) apply as if for “must” there were substituted “may”.”;”.

for paragraph 4 substitute—

“4.

(1)

From 30th April 2024, regulation 13 applies in relation to Wales as if—

(a)

the existing text were renumbered as paragraph (1); and

(b)

in paragraph (1) (as renumbered) for “other than at a border inspection post designated for that animal or product” there were substituted—

“other than—

(a)

in accordance with paragraphs (2) or (3); or

(b)

as regards any product, following the designation of a border control post for the product in question, through that border control post.”;

(c)

after paragraph (1) there were inserted—

“(2)

Live animals coming from a relevant third country may continue to enter Wales through any point of entry.

(3)

Relevant goods (other than live animals) coming from the Republic of Ireland, which—

(a)

fall within the description in paragraph 1(a) of Schedule 5, or

(b)

fall within the description in paragraph 1(b) of Schedule 5 and have been cleared for free circulation under Union customs legislation,

may enter Wales through any point of entry.”.”;

in paragraph 5—

in paragraph 6—

in paragraph 7—

for paragraph 8, substitute—

“8.

(1)

Regulation 20 applies as if—

(a)

for paragraph (1) there were substituted—

“(1)

This regulation applies, subject to paragraph (1A), in relation to any consignment of a product if any checks carried out show that the consignment does not comply with—

(a)

the requirements of these Regulations, as they have effect subject to the transitional modifications specified in Schedule 5; or

(b)

the rules referred to in Article 1(2) of the Official Controls Regulation.

(1A)

This paragraph applies where—

(a)

there is non-compliance with the rules referred to in paragraph (1); and

(b)

the official veterinary surgeon or the official fish inspector (as appropriate) considers that the non-compliance is minor and technical and does not pose a risk to human, animal or plant health, or to the environment.

(1B)

Where paragraph (1A) applies, paragraphs (2) and (3) apply as if for “must” there were substituted “may”.”;”.

at the end insert—

“Achos 8: nwyddau risg isel sydd wedi eu hesemptio rhag gwiriadau rheolaidd o dan Erthygl 48(h) o’r Rheoliad Rheolaethau Swyddogol

9.

Nwyddau risg isel sydd wedi eu hesemptio rhag gwiriadau adnabod a gwiriadau ffisegol rheolaidd yn unol ag amodau a bennir gan reoliad 10 o Reoliadau Rheolaethau Swyddogol (Diwygiadau Amrywiol) 2024.”.

for paragraph 4 substitute—

“4.

(1)

O 30 Ebrill 2024 ymlaen, mae rheoliad 13 yn gymwys mewn perthynas â Chymru—

(a)

fel pe bai’r testun presennol wedi ei ailrifo’n baragraff (1); a

(b)

ym mharagraff (1) (fel y mae wedi ei ailrifo) fel pe bai’r canlynol wedi ei roi yn lle’r geiriau “ac eithrio drwy arolygfa ffin sydd wedi ei ddynodi ar gyfer yr anifail neu’r cynnyrch hwnnw”—

“ac eithrio—

(a)

yn unol â pharagraffau (2) neu (3); neu

(b)

mewn perthynas ag unrhyw gynnyrch, ar ôl i safle rheolaethau’r ffin gael ei ddynodi ar gyfer y cynnyrch o dan sylw, drwy’r safle rheolaethau’r ffin hwnnw.”;

(c)

fel pe bai’r canlynol wedi ei fewnosod ar ôl paragraff (1)—

“(2)

Caiff anifeiliaid byw sy’n dod o drydedd wlad berthnasol barhau i ddod i Gymru drwy unrhyw bwynt mynediad.

(3)

Caiff nwyddau perthnasol (ac eithrio anifeiliaid byw) sy’n dod o Weriniaeth Iwerddon, sydd—

(a)

yn dod o fewn y disgrifiad ym mharagraff 1(a) o Atodlen 5, neu

(b)

yn dod o fewn y disgrifiad ym mharagraff 1(b) o Atodlen 5 ac sydd wedi eu clirio i’w cylchredeg yn rhydd o dan ddeddfwriaeth tollau’r Undeb,

ddod i Gymru drwy unrhyw bwynt mynediad.”.”;

in paragraph 5—

in paragraph 6—

in paragraph 7—

for paragraph 8, substitute—

“8.

(1)

Mae rheoliad 20 yn gymwys fel pe bai—

(a)

y canlynol wedi ei roi yn lle paragraff (1)—

“(1)

Mae’r rheoliad hwn yn gymwys, yn ddarostyngedig i baragraff (1A), mewn perthynas ag unrhyw lwyth o gynnyrch os bydd unrhyw wiriadau a gynhelir yn dangos nad yw’r llwyth yn cydymffurfio â’r canlynol—

(a)

gofynion y Rheoliadau hyn, fel y maent yn cael effaith yn ddarostyngedig i’r addasiadau trosiannol a bennir yn Atodlen 5; neu

(b)

y rheolau y cyfeirir atynt yn Erthygl 1(2) o’r Rheoliad Rheolaethau Swyddogol.

(1A)

Mae’r paragraff hwn yn gymwys—

(a)

pan na chydymffurfir â’r rheolau y cyfeirir atynt ym mharagraff (1); a

(b)

pan fo’r milfeddyg swyddogol neu’r arolygydd pysgod swyddogol (fel y bo’n briodol) yn ystyried bod y diffyg cydymffurfio yn fân a thechnegol ac nad yw’n peri risg i iechyd pobl, anifeiliaid neu blanhigion, nac i’r amgylchedd.

(1B)

Pan fo paragraff (1A) yn gymwys, mae paragraffau (2) a (3) yn gymwys fel pe bai “caniateir” wedi ei roi yn lle “rhaid”.”;”.

for paragraph 3 substitute—

“3.

(1)

From 30th April 2024, and subject to sub-paragraph (2), no product may be brought into Scotland from a relevant third country otherwise than through a point of entry for which a border control post is designated in relation to that category of product.

(2)

Live animals may continue to enter Scotland through any point of entry.”.

in paragraph 4—

in paragraph 5—

for paragraph 6 substitute—

“6.

Regulation 17 applies as if for that regulation there were substituted—

“17.

(1)

Subject to sub-paragraph (4), an enforcement authority may seize any consignment of relevant goods brought into Scotland from a relevant third country otherwise than through a point of entry with a border control post designated for the category of goods included in the consignment.

(2)

An enforcement authority may seize any consignment which is removed from a point of entry in Scotland without a CHED or without authorisation by the competent authority.

(3)

An enforcement authority may seize any consignment which is transported from a point of entry to a destination other than that specified in the CHED.

(4)

Paragraph (1) does not apply in relation to consignments of live animals.”.”;

for paragraph 7 substitute—

“7.

(1)

Regulation 18 applies as if—

(a)

for paragraph (1) there were substituted—

“(1)

This regulation applies, subject to paragraph (1A), in relation to any consignment of a product if any checks carried out show that the consignment does not comply with—

(a)

the requirements of these Regulations, as they have effect subject to the transitional modifications specified in Schedule 5; or

(b)

the rules referred to in Article 1(2) of the Official Controls Regulation.

(1A)

This paragraph applies where—

(a)

there is non-compliance with the rules referred to in paragraph (1); and

(b)

the official veterinarian or the official fish inspector (as appropriate) considers that the non-compliance is minor and technical and does not pose a risk to human, animal or plant health, or to the environment.

(1B)

Where paragraph (1A) applies, paragraph (2) applies as if for “must” there were substituted “may”.”;”.

for paragraph 8 substitute—

“8.

Regulation 21 applies as if, in paragraph (1)—

(a)

for “checks at a border control post” there were substituted “checks”; and

(b)

after “Official Controls Regulation” there were inserted “or in the case of relevant goods, does not comply with the provisions of Schedule 5,””.

in column 1, for the existing text substitute—

“Solanaceae Juss. and Ipomoea L.”; and

in column 2, for the existing text substitute—

“Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh:

ex 0603 19 70

Foliage, branches and other parts of plants, without flowers or flower buds, being goods of a kind suitable for bouquets or for ornamental purposes, fresh:

ex 0604 20 90

Vegetable products not elsewhere specified or included, fresh:

ex 1404 90 00.”;

in column 1, for “and Ocimum L” substitute “, Ocimum L. and Spinacia oleracea L.”; and

in column 2, at the end insert—

“Spinach, New Zealand spinach and orache spinach (garden spinach)

ex 0709 70 00”;

in column 1, omit—

in column 2, omit the words—