Regulation 9 Amendment of the Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011

The Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011^f1are amended in accordance with paragraphs (2) to (5).

In regulation 2 (interpretation), in paragraph (1) for the definition of “Regulation 882/2004” substitute—

• ““Regulation 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC^f2”.

In regulation 7 (expenses arising from official controls)—

In regulation 8 (notices and actions in the case of non-compliance) in paragraph 3(b) for “Article 54(2) and (5) of Regulation 882/2004” substitute “Article 138(2) and Article 138(4) of Regulation 2017/625”.

For regulation 10 (suspension of designation of first point of introduction) substitute—

“Suspension of designation of border control post

10.

(1)

Where the Agency is satisfied that the continued operation of a border control post designated under Article 59 of Regulation 2017/625 presents a serious risk to public health, it may suspend the designation of the border control post either in full or in part by the service on the operator of the border control post of a written notice to that effect in accordance with Article 63 of Regulation 2017/625.

(2)

Upon service of a notice under paragraph (1), the border control post ceases to be a designated border control post under Article 59 of Regulation 2017/625 to the extent so specified in that notice until it is again so designated.”.