Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2023/0062(COD)**

**COVER NOTE**

**Brussels, 28 February 2023**
**(OR. en)**

**6931/23**
**ADD 1**

**UK 28**

From: Secretary-General of the European Commission, signed by Ms Martine
DEPREZ, Director

date of receipt: 27 February 2023

To: Ms Thérèse BLANCHET, Secretary-General of the Council of the
European Union

No. Cion doc.: COM(2023) 124 final

Subject: ANNEXES to the Proposal for a REGULATION OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL on specific rules relating to the
entry into Northern Ireland from other parts of the United Kingdom of
certain consignments of retail goods, plants for planting, seed potatoes,
machinery and certain vehicles operated for agricultural or forestry
purposes, as well as non-commercial movements of certain pet animals
into Northern Ireland

Delegations will find attached document COM(2023) 124 final.

Encl.: COM(2023) 124 final

6931/23 ADD 1 KB/ss

## GIP.EU-UK EN

EUROPEAN

COMMISSION

Brussels, 27.2.2023
COM(2023) 124 final

ANNEXES 1 to 5

**ANNEXES**

**to the**

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE**

**COUNCIL**

**on specific rules relating to the entry into Northern Ireland from other parts of the**

**United Kingdom of certain consignments of retail goods, plants for planting, seed**
**potatoes, machinery and certain vehicles operated for agricultural or forestry purposes,**

**as well as non-commercial movements of certain pet animals into Northern Ireland**

# **EN EN**

**ANNEX I**

**List of Union acts or parts thereof**

Note: In the following list of Union acts or parts thereof referred to in Article 1(2), those
relevant for public health and consumer information referred to in Article 6(6) are indicated
with an asterisk ‘*’:

1. *Council Directive 84/500/EEC of 15 October 1984 on the approximation of the
laws of the Member States relating to ceramic articles intended to come into contact
with foodstuffs [1]

2. Commission Regulation (EEC) No 3703/85 of 23 December 1985 laying down
detailed rules for applying the common marketing standards for certain fresh or
chilled fish [2]

3. *Council Directive 89/108/EEC of 21 December 1988 on the approximation of the
laws of the Member States relating to quick-frozen foodstuffs for human
consumption [3]

4. Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common
marketing standards for preserved sardines and trade descriptions for preserved
sardines and sardine-type products [4]

5. Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common
marketing standards for preserved tuna and bonito [5]

6. *Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community
procedures for contaminants in food [6]

7. *Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use
in stockfarming of certain substances having a hormonal or thyrostatic action and of
ß‐ agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC [7]

8. Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common
marketing standards for certain fishery products [8]

9. *Directive 1999/2/EC of the European Parliament and of the Council of 22 February
1999 on the approximation of the laws of the Member States concerning foods and
food ingredients treated with ionising radiation [9]

10. *Directive 1999/3/EC of the European Parliament and of the Council of 22 February
1999 on the establishment of a Community list of foods and food ingredients treated
with ionising radiation [10]

1 OJ L 277, 20.10.1984, p. 12.
2 OJ L 351, 28.12.1985, p. 63.
3 OJ L 40, 11.2.1989, p. 34.
4 OJ L 212, 22.7.1989, p. 79.
5 OJ L 163, 17.6.1992, p. 1.
6 OJ L 37, 13.2.1993, p. 1.
7 OJ L 125, 23.5.1996, p. 3.
8 OJ L 334, 23.12.1996, p. 1.
9 OJ L 66, 13.3.1999, p. 16.
10 OJ L 66, 13.3.1999, p. 24.

# EN 1 EN

11. *Directive 1999/4/EC of the European Parliament and of the Council of 22 February
1999 relating to coffee extracts and chicory extracts [11]

12. *Directive 2000/36/EC of the European Parliament and of the Council of 23 June
2000 relating to cocoa and chocolate products intended for human consumption [12]

13. *Part C of Directive 2001/18/EC of the European Parliament and of the Council of
12 March 2001 on the deliberate release into the environment of genetically modified
organisms and repealing Council Directive 90/220/EEC [13]

14. *Council Directive 2001/110/EC of 20 December 2001 relating to honey [14]

15. *Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars
intended for human consumption [15]

16. *Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and
certain similar products intended for human consumption [16]

17. *Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies
and marmalades and sweetened chestnut purée intended for human consumption [17]

18. *Council Directive 2001/114/EC of 20 December 2001 relating to certain partly or
wholly dehydrated preserved milk for human consumption [18]

19. Council Regulation (EC) No 1035/2001 of 22 May 2001 establishing a catch
documentation scheme for _Dissostichus spp_ . [19]

20. *Directive 2002/32/EC of the European Parliament and of the Council of 7 May
2002 on undesirable substances in animal feed [20]

21. *Directive 2002/46/EC of the European Parliament and of the Council of 10 June
2002 on the approximation of the laws of the Member States relating to food
supplements [21]

22. *Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28
January 2002 laying down the general principles and requirements of food law,
establishing the European Food Safety Authority and laying down procedures in
matters of food safety [22]

23. *Regulation (EC) No 1829/2003 of the European Parliament and of the Council of
22 September 2003 on genetically modified food and feed, with the exception of the
second paragraph of Article 32 [23]

24. *Regulation (EC) No 1830/2003 of the European Parliament and of the Council of
22 September 2003 concerning the traceability and labelling of genetically modified

11 OJ L 66, 13.3.1999, p. 26.
12 OJ L 197, 3.8.2000, p. 19.
13 OJ L 106, 17.4.2001, p. 1.
14 OJ L 10, 12.1.2002, p. 47.
15 OJ L 10, 12.1.2002, p. 53.
16 OJ L 10, 12.1.2002, p. 58.
17 OJ L 10, 12.1.2002, p. 67.
18 OJ L 15, 17.1.2002, p. 19.
19 OJ L 145, 31.5.2001, p. 1.
20 OJ L 140, 30.5.2002, p. 10.
21 OJ L 183, 12.7.2002, p. 51.
22 OJ L 31, 1.2.2002, p. 1.
23 OJ L 268, 18.10.2003, p. 1.

# EN 2 EN

organisms and the traceability of food and feed products produced from genetically
modified organisms and amending Directive 2001/18/EC [24]

25. *Regulation (EC) No 1831/2003 of the European Parliament and of the Council of
22 September 2003 on additives for use in animal nutrition [25]

26. *Regulation (EC) No 1946/2003 of the European Parliament and of the Council of
15 July 2003 on transboundary movements of genetically modified organisms [26]

27. *Regulation (EC) No 2160/2003 of the European Parliament and of the Council of
17 November 2003 on the control of salmonella and other specified food-borne
zoonotic agents [27]

28. *Regulation (EC) No 2065/2003 of the European Parliament and of the Council of
10 November 2003 on smoke flavourings used or intended for use in or on foods [28]

29. *Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29
April 2004 on the hygiene of foodstuffs [29]

30. *Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29
April 2004 laying down specific hygiene rules for food of animal origin [30]

31. *Regulation (EC) No 1935/2004 of the European Parliament and of the Council of
27 October 2004 on materials and articles intended to come into contact with food
and repealing Directives 80/590/EEC and 89/109/EEC [31]

32. *Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12
January 2005 laying down requirements for feed hygiene [32]

33. *Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23
February 2005 on maximum residue levels of pesticides in or on food and feed of
plant and animal origin and amending Council Directive 91/414/EEC [33]

34. *Regulation (EC) 1924/2006 of the European Parliament and of the Council of 20
December 2006 on nutrition and health claims made on foods [34]

35. *Regulation (EC) No 1925/2006 of the European Parliament and of the Council of
20 December 2006 on the addition of vitamins and minerals and of certain other
substances to foods [35]

36. Directive 2007/45/EC of the European Parliament and of the Council of 5 September
2007 laying down rules on nominal quantities for prepacked products, repealing
Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive
76/211/EEC [36]

24 OJ L 268, 18.10.2003, p. 24.
25 OJ L 268, 18.10.2003, p. 29.
26 OJ L 287, 5.11.2003, p. 1.
27 OJ L 325, 12.12.2003, p. 1.
28 OJ L 309, 26.11.2003, p. 1.
29 OJ L 139, 30.4.2004, p. 1.
30 OJ L 139, 30.4.2004, p. 55.
31 OJ L 338, 13.11.2004, p. 4.
32 OJ L 35, 8.2.2005, p. 1.
33 OJ L 70, 16.3.2005, p. 1.
34 OJ L 404, 30.12.2006, p. 9.
35 OJ L 404, 30.12.2006, p. 26.
36 OJ L 247, 21.9.2007 p. 17.

# EN 3 EN

37. Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures
for the recovery of the stock of European eel [37], insofar as it concerns provisions
relating to marketing standards

38. Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9
July 2008 setting out the requirements for accreditation and market surveillance
relating to the marketing of products and repealing Regulation (EEC) No 339/9340 [38]

39. Decision No 768/2008/EC of the European Parliament and of the Council of 9 July
2008 on a common framework for the marketing of products, and repealing Council
Decision 93/465/EEC [39]

40. *Regulation (EC) No 1331/2008 of the European Parliament and of the Council of
16 December 2008 establishing a common authorisation procedure for food
additives, food enzymes and food flavourings [40]

41. *Regulation (EC) No 1332/2008 of the European Parliament and of the Council of
16 December 2008 on food enzymes and amending Council Directive 83/417/EEC,
Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive
2001/112/EC and Regulation (EC) No 258/97 [41]

42. *Regulation (EC) No 1333/2008 of the European Parliament and of the Council of
16 December 2008 on food additives [42]

43. *Regulation (EC) No 1334/2008 of the European Parliament and of the Council of
16 December 2008 on flavourings and certain food ingredients with flavouring
properties for use in and on foods and amending Council Regulation (EEC) No
1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive
2000/13/EC [43]

44. *Directive 2009/32/EC of the European Parliament and of the Council of 23 April
2009 on the approximation of the laws of the Member States on extraction solvents
used in the production of foodstuffs and food ingredients [44]

45. *Directive 2009/54/EC of the European Parliament and of the Council of 18 June
2009 on the exploitation and marketing of natural mineral waters [45]

46. *Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6
May 2009 laying down Community procedures for the establishment of residue
limits of pharmacologically active substances in foodstuffs of animal origin,
repealing Council Regulation (EEC) No 2377/90 and amending Directive
2001/82/EC of the European Parliament and of the Council and Regulation (EC) No
726/2004 of the European Parliament and of the Council [46]

47. *Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13
July 2009 on the placing on the market and use of feed, amending European

37 OJ L 248, 22.9.2007, p. 17.
38 OJ L 218, 13.8.2008, p. 30.
39 OJ L 218, 13.8.2008, p. 82.
40 OJ L 354, 31.12.2008, p. 1.
41 OJ L 354, 31.12.2008, p. 7.
42 OJ L 354, 31.12.2008, p. 16.
43 OJ L 354, 31.12.2008, p. 34.
44 OJ L 141, 6.6.2009, p. 3.
45 OJ L 164, 26.6.2009, p. 45.
46 OJ L 152, 16.6.2009, p. 11.

# EN 4 EN

Parliament and Council Regulation (EC) No 1831/2003 and repealing Council
Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives
82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission
Decision 2004/217/EC [47]

48. *Regulation (EC) No 1107/2009 of the European Parliament and of the Council of
21 October 2009 concerning the placing of plant protection products on the market
and repealing Council Directives 79/117/EEC and 91/414/EEC [48]

49. Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
Community control system for ensuring compliance with the rules of the common
fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC)
No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No
388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No
1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC)
No 1627/94 and (EC) No 1966/2006, insofar as it concerns provisions relating to
marketing standards [49]

50. Regulation (EU) No 640/2010 of the European Parliament and of the Council of 7
July 2010 establishing a catch documentation programme for bluefin tuna _Thunnus_
_thynnus_ and amending Council Regulation (EC) No 1984/2003 [50]

51. *Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying
down detailed rules for the application of Council Regulation (EC) No 1234/2007 in
respect of the fruit and vegetables and processed fruit and vegetables sectors [51 ]

52. *Regulation (EU) 1169/2011 of the European Parliament and of the Council of 25
October 2011 on the provision of food information to consumers, amending
Regulations (EC) No 194/2006 and (EC) No 1925/2006 of the European Parliament
and of the Council, and repealing Commission Directive 87/250/EEC, Council
Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of
the European Parliament and of the Council, Commission Directives 2002/67/EC and
2008/5/EC and Commission Regulation (EC) No 608/2004 [52]

53. *Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22
May 2012 concerning the making available on the market and use of biocidal
products [53]

54. Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12
June 2013 concerning customs enforcement of intellectual property rights and
repealing Council Regulation (EC) No 1383/2003 [54 ]

55. *Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12
June 2013 on food intended for infants and young children, food for special medical
purposes, and total diet replacement for weight control and repealing Council
Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC

47 OJ L 229, 1.9.2009, p. 1.
48 OJ L 309, 24.11.2009, p. 1.
49 OJ L 343, 22.12.2009, p. 1.
50 OJ L 194, 24.7.2010, p. 1.
51 OJ L 157, 15.6.2011, p. 1
52 OJ L 304, 22.11.2011, p. 18.
53 OJ L 167, 27.6.2012, p. 1.
54 OJ L 181, 29.6.2013, p. 15.

# EN 5 EN

and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the
Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 [55]

56. *Sections 1 and 3 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013
of the European Parliament and of the Council of 17 December 2013 establishing a
common organisation of the markets in agricultural products and repealing Council
Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No
1234/2007 [56]

57. Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11
December 2013 on the Common Fisheries Policy, amending Council Regulations
(EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC)
No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/ EC [57], insofar
as it concerns provisions relating to marketing standards for fishery and aquaculture
products

58.     - Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26
February 2014 on the definition, description, presentation, labelling of aromatised
wine products and repealing Council Regulation (EEC) No 1601/91 [58]

59. *Directive (EU) 2015/2203 of the European Parliament and of the Council of 25
November 2015 on the approximation of the laws of the Member States relating to
caseins and caseinates intended for human consumption and repealing Council
Directive 83/417/EEC [59]

60. *Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25
November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the
European Parliament and of the Council and repealing Regulation (EC) No 258/97 of
the European Parliament and of the Council and Commission Regulation (EC) No
1852/2001 [60]

61. *Council Regulation (Euratom) 2016/52 of 15 January 2016 laying down maximum
permitted levels of radioactive contamination of food and feed following a nuclear
accident or any other case of radiological emergency, and repealing Regulation
(Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and
(Euratom) No 770/90 [61]

62. *Regulation (EU) 2018/848 of the European Parliament and of the Council of 30
May 2018 on organic production and labelling of organic products and repealing
Council Regulation (EC) No 834/2007 [62]

63. [Regulation (EU) 2019/4 of the European Parliament and of the Council of 11](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019R0004&qid=1676457066615)
[December 2018 on the manufacture, placing on the market and use of medicated](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019R0004&qid=1676457066615)
[feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019R0004&qid=1676457066615)
[Council and repealing Council Directive 90/167/EEC](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019R0004&qid=1676457066615) [63]

55 OJ L 181, 29.6.2013, p. 35.
56 OJ L 347, 20.12.2013, p. 671.
57 OJ L 354, 28.12.2013, p. 22.
58 OJ L 84, 20.3.2014, p.14.
59 OJ L 314, 1.12.2015, p. 1.
60 OJ L 327, 11.12.2015, p. 1.
61 OJ L 13, 20.1.2016, p. 2.
62 OJ L 150, 14.6.2018, p. 1.
63 OJ L 4, 7.1.2019, p. 1.

# EN 6 EN

64. *Regulation (EU) 2019/6 of the European Parliament and of the Council of 11
December 2018 on veterinary medicinal products and repealing Directive
2001/82/EC [64]

65.     - Chapter II of Regulation (EU) 2019/787 of the European Parliament and of the
Council of 17 April 2019 on the definition, description, presentation and labelling of
spirit drinks, the use of the names of spirit drinks in the presentation and labelling of
other foodstuffs, the protection of geographical indications for spirit drinks, the use
of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and
repealing Regulation (EC) No 110/2008 [65] and Chapter 1 thereof insofar as it
prohibits the use of synthetic alcohol and certain colourings

66. Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20
June 2019 on the conservation of fisheries resources and the protection of marine
ecosystems through technical measures, amending Council Regulations (EC) No
1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU)
2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European
Parliament and of the Council, and repealing Council Regulations (EC) No 894/97,
(EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and
(EC) No 2187/2005 [66], insofar as it concerns provisions relating to minimum sizes of
marine organisms that also constitute minimum marketing sizes

67. *Commission Delegated Regulation (EU) 2022/2292 of 6 September 2022
supplementing Regulation (EU) 2017/625 of the European Parliament and of the
Council with regard to requirements for the entry into the Union of consignments of
food-producing animals and certain goods intended for human consumption [67]

64 OJ L 4, 7.1.2019, p. 43.
65 OJ L 130, 17.5.2019, p. 1.
66 OJ L 198, 25.7.2019, p. 105.
67 OJ L 304, 24.11.2022, p. 1.

# EN 7 EN

**ANNEX II**

Requirements for SPS Inspection Facilities

The structural and human resources of the SPS Inspection Facilities in Northern Ireland shall
have the capacity and the capability adapted to the type and volume of the retail goods
presented for the official controls required by this Regulation.

They shall also have the capacity and capability adapted to the type and volume of animals
and goods not falling within the scope of this Regulation presented for the official controls
required by Regulation (EU) 2017/625.

Part 1

Operation of temporary SPS Inspection Facilities

|Minimum requirements<br>for SPS Inspection Facilities|Timeline|
|---|---|
|Sufficient number of suitably qualified staff in accordance with Article<br>64(3), point (a), of Regulation (EU) 2017/625.|By 1 October<br>2023<br>|
|Adequate infrastructure to allow the performance of official controls, in<br>accordance with Article 3(1) to (6) and (11) to (13), of Commission<br>Implementing Regulation (EU) 2019/1014|Adequate infrastructure to allow the performance of official controls, in<br>accordance with Article 3(1) to (6) and (11) to (13), of Commission<br>Implementing Regulation (EU) 2019/1014|
|Adequate equipment to allow the performance of official controls in<br>accordance with Article 4(1), points (c) and (d), Article 4(2) and (3) of<br>Commission Implementing Regulation (EU) 2019/1014.|Adequate equipment to allow the performance of official controls in<br>accordance with Article 4(1), points (c) and (d), Article 4(2) and (3) of<br>Commission Implementing Regulation (EU) 2019/1014.|
|Technology and equipment necessary for the efficient operation of<br>TRACES, and, as appropriate, of other computerised information<br>management system necessary for the handling and exchange of data and<br>information in accordance with Article 64(3), point (f), of Regulation (EU)<br>2017/625.|Technology and equipment necessary for the efficient operation of<br>TRACES, and, as appropriate, of other computerised information<br>management system necessary for the handling and exchange of data and<br>information in accordance with Article 64(3), point (f), of Regulation (EU)<br>2017/625.|
|Official controls, including identity and physical checks, shall be<br>performed.|Official controls, including identity and physical checks, shall be<br>performed.|
|SPS Inspection Facilities are operational for official controls on pet<br>animals in accordance with Article 34 of Regulation (EU) No 576/2013,<br>and for non-compliant pets as provided for in Article 12(1), point (f), of<br>this Regulation.|SPS Inspection Facilities are operational for official controls on pet<br>animals in accordance with Article 34 of Regulation (EU) No 576/2013,<br>and for non-compliant pets as provided for in Article 12(1), point (f), of<br>this Regulation.|

# EN 8 EN

Part 2

Construction of final SPS Inspection Facilities

|Minimum requirements<br>for SPS Inspection Facilities|Timeline|
|---|---|
|They shall comply with the requirements laid down in Article 64 of<br>Regulation (EU) 2017/625.|By 1 July<br>2025|
|Official controls, including identity and physical checks, shall only be<br>performed at SPS Inspection Facilities, in accordance with -Regulation (EU)<br>2017/625.|Official controls, including identity and physical checks, shall only be<br>performed at SPS Inspection Facilities, in accordance with -Regulation (EU)<br>2017/625.|

The United Kingdom shall submit to the European Commission, by 31 July 2024, a progress
report as regards the completion of the SPS Inspection Facilities and thereafter every three
months until the requirements of this Annex have been met.

The United Kingdom and the Commission shall cooperate on electronic certification.

# EN 9 EN

**ANNEX III**

**The requirements for monitoring and for listing of establishments referred to in Articles**

**7 and 8**

**Part 1.**

**Monitoring requirements**

1. Consignments of retail goods entering into Northern Ireland from other parts of the
United Kingdom shall be monitored by the competent authorities of Northern Ireland
from the SPS Inspection Facilities of first arrival in Northern Ireland to the
establishment of destination in accordance with Article 2(1), and (2), points (b) and
(c), Article 2(3) and Article 3, points (2) to (5), of Commission Delegated Regulation
(EU) 2019/1666 [68] .

2. Consignments of retail goods shall be sealed by the competent authorities of the
United Kingdom, or under their responsibility, and the competent authorities shall
ensure that the consignments are intact and have not been tampered with between the
SPS Inspection Facility of first arrival in Northern Ireland and the establishment of
destination.

The seal number of such consignments shall be issued by the competent authorities
of the United Kingdom and inserted in the general certificate referred to in Article
4(1) and in Article 5(1), point (g), of this Regulation and in the Common Health
Entry Document (CHED) referred to in Article 56 of Regulation (EU) 2017/625.

The seal number shall be confirmed or reconciled by the competent authorities of
Northern Ireland at the SPS Inspection Facility of first arrival in Northern Ireland.
Where a consignment is resealed, the new seal number shall be recorded in the
CHED.

3. The operator responsible for the establishment at the place of destination shall,
within a period of two days from the date of arrival of the consignments of retail
goods in Northern Ireland, inform the competent authorities of Northern Ireland
responsible for performing the official controls at that establishment of the arrival of
those consignments.

**Part 2.**

**Listing of establishments dispatching consignments of retail goods in parts of the United**
**Kingdom other than Northern Ireland and listing of establishments in Northern Ireland**
**receiving those consignments.**

1. The lists of establishments in parts of the United Kingdom other than Northern
Ireland and in Northern Ireland authorised to dispatch or receive the delivery of
consignments of retail goods shall be drawn up and kept up-to-date by the competent
authorities of the United Kingdom, in accordance with publicly available procedures
which shall also be kept up-to-date.

68 Commission Delegated Regulation (EU) 2019/1666 of 24 June 2019 supplementing Regulation (EU)
2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and
arrival of consignments of certain goods from the border control post of arrival to the establishment at the place
of destination in the Union (OJ L 255, 4.10.2019, p. 1).

# EN 10 EN

2. The competent authorities of the United Kingdom shall ensure that the
establishments of dispatch and reception referred to in point 1 comply with the
requirements laid down in this Regulation by carrying out risk-based and intelligence
led spot checks on these establishments. The purpose of these spot checks shall be to
ensure that the retail goods are intended solely for retail sale in Northern Ireland, and
will not be subsequently moved to a Member State.

3. The risk-based and intelligence led spot checks referred to in point 2 shall ascertain,
_inter alia_, compliance by the establishments with the requirements set out in Annex
IV, and in particular they shall verify whether the retail goods comply with the
marking requirements laid down in Article 6(1), taking into account the compliance
history of those establishments and the volume of retail goods that do not bear an
individual marking in accordance with Article 6(1), points (a) and (b).

Those spot checks shall include a visual inspection of retail goods marked at box
level in accordance with Annex IV, point 2, and the retail goods presented on the
shelves in the establishment, a review of the relevant documentation relating to the
general certificate accompanying these retail goods and entry records of the
establishments of destination.

Every 3 months, until 30 June 2025, the United Kingdom shall submit a report to the
Commission on the level and outcomes of the spot checks undertaken in accordance
with point 2.

4. Where the competent authorities of the United Kingdom have reason to suspect
serious or repeated infringements of the requirements laid down in this Regulation,
they shall remove the establishments immediately from the lists of establishments
referred to in point (1).

5. The lists of establishments referred to in point (1) shall be made available without
delay electronically to the Commission and to the competent authorities in Northern
Ireland.

# EN 11 EN

**ANNEX IV**

Marking requirements

**1.** **Individual markings**

The marking shall be attached to the packaging in a conspicuous place in such a way
as to be easily visible, clearly legible and indelible. It shall not be in any way hidden,
obscured, detracted from or interrupted by any other written or pictorial matter or
any other intervening material.

The marking shall state the following words: ‘Not for EU’

**2.** **Box level markings**

The smallest container of the same prepacked retail goods shall bear the marking.

The marking shall be attached to this container in a conspicuous place in such a way
as to be easily visible, clearly legible and indelible. It shall not be in any way hidden,
obscured, detracted from or interrupted by any other written or pictorial matter or
any other intervening material.

The marking shall state the following words: ‘Not for EU’

**3.** **Shelf-level signs and posters**

A sign containing the words ‘Not for EU’ shall be placed next to the price tag or
equivalent on the shelves in the establishment where the retail goods are presented to
the final consumer.

A sufficient number of posters shall be visibly displayed in the vicinity of the retail
goods informing the consumers that those retail goods are only intended for sale to
the final consumers in Northern Ireland and are not to be subsequently moved to a
Member State.

# EN 12 EN

**ANNEX V**

**Lists of retail goods as referred to in Article 6(1)**

**Part 1.**

**Prepacked milk and dairy products required to be marked in accordance with Article**
**6(1), point (a)(ii):**

–
pasteurised milk;

–
pasteurised cream;

– sour cream;

–
crème fraiche;

–
pasteurised buttermilk;

–
unpasteurised (raw) cheese;

–
quark/cottage cheese.

**Part 2.**

**Certain retail goods not required to be individually marked in accordance with Article**
**6(1), point (c)**

1. The following retail goods, where they are shelf-stable composite products which
comply with the requirements laid down in Article 3(1) of Commission Delegated
Regulation (EU) 2021/630 [69] :

(a) confectionery (including sweets), chocolate and other food preparations
containing cocoa;

(b) pasta, noodles and couscous, not mixed or filled with meat product;

(c) bread, cakes, biscuits, waffles and wafers, rusks, toasted bread and similar
toasted products;

(d) olives stuffed with fish;

(e) extracts, essences and concentrates, of coffee, tea or maté and preparations
with a basis of these products or with a basis of coffee, tea or mate thereof,
roasted chicory and other roasted coffee substitutes, and extracts, essences and
concentrates thereof;

(f) soup stocks and flavourings packaged for the final consumer;

(g) food supplement packaged for the final consumer, containing small amounts of
animal products and those including glucosamine, chondroitin or chitosan;

(h) liqueurs and cordials.

69 Commission Delegated Regulation (EU) 2021/630 of 16 February 2021 supplementing Regulation (EU)
2017/625 of the European Parliament and of the Council as regards certain categories of goods
exempted from official controls at border control posts and amending Commission Decision
2007/275/EC (OJ L 132, 19.4.2021, p. 17).

# EN 13 EN

2. Retail goods, other than those subject to official controls at border control posts, in
accordance with Article 44 of Regulation (EU) 2017/625, such as canned fruit and
vegetables, flour, spices, flavourings, vinegar, seeds, nuts, popcorn, crackers, crisps,
tomato ketchup, tomato soup, dried herbs, frozen chips, tea bags, dried tea leaves,
and coffee.

3. The following retail goods of plant origin, except where a phytosanitary certificate is
required under Union rules:

(a) pineapples;

(b) coconuts;

(c) durian;

(d) bananas;

(e) dates.

4. Retail goods, falling within the scope of Regulation (EU) No 1308/2013 of the
European Parliament and of the Council, unless subject to official controls at border
control posts in accordance with Regulation (EU) 2017/625, such as the following:

(a) cereals;

(b) rice;

(c) sugar;

(d) olive oil and table olives;

(e) processed fruit and vegetable products;

(f) wine;

(g) jam;

(h) peanut butter;

(i) frozen peas;

(j) maple syrup.

# EN 14 EN