The Official Controls (Amendment) Regulations 2025
Source: legislation.gov.uk (2025-02-10)

These Regulations amend 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 (“Official Controls Regulation”).

Statutory Instruments

2025 No. 102

Retained Eu Law Reform

Animals

Food

Plant Health

Trade

The Official Controls (Amendment) Regulations 2025

Made

30th January 2025

Coming into force

10th February 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14(1), (2), (3), (4)(a), (b), (e) and (7), 15(1) and 20(1) of the Retained EU Law (Revocation and Reform) Act 2023(1 (\"#f00001\")) (“the 2023 Act”).

The Secretary of State is a relevant national authority(2 (\"#f00002\")) for the purposes of sections 14(1), (2) and (3) and 15(1) of the 2023 Act.

The Secretary of State is satisfied that there have been changes in technology and that it is appropriate to make these Regulations to take account of those changes.

In accordance with paragraph 5(1) and (2)(d) and (e) of Schedule 5 to the 2023 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1Introductory

Citation, commencement, extent and application

1.—(1) These Regulations—

(a)may be cited as the Official Controls (Amendment) Regulations 2025; and

(b)come into force on 10th February 2025.

(2) Subject to paragraphs (3) to (6), these Regulations extend to the United Kingdom.

(3) Any amendment of a provision in an enactment has the same extent as the provision amended.

(4) Regulation 38 (\"#regulation-38\") applies to England only.

(5) Regulations 39 (\"#regulation-39\") and 40 (\"#regulation-40\") apply to Wales only.

(6) Regulation 44 (\"#regulation-44\") applies to Scotland only.

PART 2Amendments to the Official Controls Regulation

Amendments to Regulation (EU) 2017/625 (\"http://www.legislation.gov.uk/european/regulation/2017/0625\")

2. Regulation (EU) 2017/625 (\"http://www.legislation.gov.uk/european/regulation/2017/0625\") 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(3 (\"#f00003\")) is amended in accordance with regulations 3 (\"#regulation-3\") to 31 (\"#regulation-31\").

Amendments to Article 3

3.—(1) Article 3 (definitions) is amended as follows.

(2) For point (27) substitute—

“(27) ‘official certificate’ means a paper, electronic or digital document signed by the certifying officer and providing assurance concerning compliance with one or more of the requirements laid down in the rules referred to in Article 1(2);

(27A) ‘unique digital identifier’ means something physically attached to or otherwise associated with a consignment which can be used to access a digital certificate or other digital documentation which relates to that consignment;”.

(3) In point (41) for “examination” substitute “examination, including by remote or automated means,”.

(4) For point (44) substitute—

“(44) ‘transit’ means:

(a)movement from one third country to another third country passing under customs supervision through one part of the British Islands;

(b)movement from one part of the British Islands to another part, having passed through the territory of a third country;

(c)movement from a third country to Northern Ireland, having passed through another part of the British Islands;

(d)in respect of consignments which are not qualifying Northern Ireland goods, movement from Northern Ireland to a third country, having passed through another part of the British Islands;

(44A) ‘qualifying Northern Ireland goods’ has the meaning given to it from time to time in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018(4 (\"#f00004\"));”.

Amendments to Article 34

4.—(1) Article 34 (methods used for sampling, analyses, tests and diagnoses) is amended as follows.

(2) For paragraph 1 substitute—

“1. Methods used for sampling and for analyses, tests and diagnoses must comply with legislation in force in the relevant constituent territory of Great Britain establishing those methods or the performance criteria for those methods where this is done during official controls and other official activities and carried out at—

(a)an appropriate place, including those listed in Article 44(3), by an official plant health officer designated in accordance with Article 37(1); or

(b)an official laboratory.”.

(3) For paragraph 3 substitute—

“3. Where analyses, tests or diagnoses are urgently needed and none of the methods referred to in paragraphs 1 and 2 of this Article exists, other methods may be used until the validation of an appropriate method in accordance with internationally accepted scientific protocols by—

(a)the relevant national reference laboratory; or

(b)any other official laboratory or, as relevant, official plant health officer, designated in accordance with Article 37(1).”.

(4) In paragraph 4 omit “laboratory”.

(5) In paragraph 6(a) omit “laboratory”.

Amendment to Article 35

5. In Article 35(3) (second expert opinion) for “another official laboratory” substitute “an official laboratory”.

Amendments to Article 37

6. In Article 37 (designation of official laboratories) for paragraph 1 substitute—

“1. Competent authorities may designate—

(a)official laboratories, which may be in any part of the United Kingdom; and

(b)official plant health officers, where the requirements of paragraphs 1A and 1B are met,

to carry out the analyses, tests and diagnoses on samples taken during official controls and other official activities in Great Britain.

1A. The designation of an official plant health officer must be in writing and include a detailed description of—

(a)the tasks that the official plant health officer is to carry out as a designated official plant health officer;

(b)the conditions under which they carry out the tasks referred to in point (a);

(c)the arrangements necessary to ensure efficient and effective coordination and collaboration between the official plant health officer and the competent authority.

1B. A competent authority may only designate an official plant health officer for the purposes of paragraph 1 where the official plant health officer—

(a)is suitably qualified, trained and experienced to be able to carry out the activities mentioned in paragraph 1 at an appropriate place, including those listed in Article 44(3);

(b)is capable of reliably carrying out the activities mentioned in paragraph 1 without laboratory infrastructure;

(c)ensures that they will perform the activities mentioned in paragraph 1 impartially and in a manner which is free from any conflict of interest as regards those activities;

(d)satisfies the competent authority that the results of the analyses, tests and diagnoses carried out on the samples can be delivered in a more timely manner than they would if performed in an official laboratory.

1C. The competent authority must, on a regular basis, organise audits of the official plant health officers that the authority has designated under paragraph 1.

1D. The competent authority must withdraw the designation of an official plant health officer under paragraph 1, where that officer fails to take appropriate and timely remedial action following the results of an audit provided for in paragraph 1C which disclose any of the following—

(a)the official plant health officer does not comply with conditions specified under paragraph 1A(b);

(b)the official plant health officer no longer complies with the conditions in paragraph 1B. ”.

Amendments to Article 44

7. In Article 44(3) (official controls on animals and goods other than those subject to official controls at border control posts under Section 2)—

(a)in the opening words for “including” substitute “including, but not limited to”;

(b)for points (d) and (e) substitute—

“(d)the premises of the operator responsible for the consignment;

(e)any warehouses used for the storage of the consignment;

(f)the place of destination;

(g)a control point.”.

Amendments to Article 45

8. In Article 45(1) (types of official controls on animals and goods other than those subject to official controls at border control posts under Section 2)—

(a)omit point (a) and the “and” after it;

(b)in point (b) for “identity checks and physical checks” substitute “documentary checks, identity checks and physical checks”.

Amendments to Article 47

9.—(1) Article 47 (animals and goods subject to official controls at border control posts) is amended as follows.

(2) In paragraph 1—

(a)for “, at the border control post of first arrival into Great Britain from a third country,” substitute “at a border control post”;

(b)for “entering Great Britain” substitute “which enter Great Britain from a third country”.

(3) In paragraph 5 for “Operators” substitute “Subject to regulations made under Article 48 or 53, operators”.

Amendment to Article 48

10. For Article 48 (animals and goods exempted from official controls at border control posts) substitute—

“Article 48Animals and goods exempted from official controls, other official activities and related requirements

1. The appropriate authority may make regulations establishing the cases where, and the conditions under which, categories of animals and goods, including those listed in paragraph 2, may be exempted from any of the requirements of this Regulation or legislation made under this Regulation or treated as if made under this Regulation, or from any of the rules referred to in Article 1(2) to the extent that these are used for the verification of compliance with rules in Article 1(2), including by amendment or modification of those requirements or rules.

2. For the purposes of paragraph 1, the categories of animals and goods are:

(a)goods sent as trade samples or as display items for exhibitions, which are not intended to be placed on the market;

(b)animals and goods intended for scientific purposes;

(c)goods on board means of transport operating internationally which are not unloaded and are intended for consumption by the crew and passengers;

(d)goods which form part of passengers’ personal luggage and are intended for personal consumption or use;

(e)small consignments of goods sent to natural persons which are not intended to be placed on the market;

(f)pet animals as defined in Article 3(b) of Regulation (EU) No 576/2013 (\"http://www.legislation.gov.uk/european/regulation/2013/0576\") of the European Parliament and of the Council on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (\"http://www.legislation.gov.uk/european/regulation/2003/0998\")(5 (\"#f00005\"));

(g)goods which have undergone specific treatment and do not exceed quantities to be established by or in accordance with the regulations;

(h)animals and goods posing a level of risk such that some or all of the rules or requirements mentioned in paragraph 1 are considered by the appropriate authority to be unnecessary.

3. Regulations under paragraph 1 may, among other things, make specific provision for:

(a)animals and goods entering Great Britain from a particular country, territory or region;

(b)the risk level for categories of animals and goods to be set by publication online by the appropriate authority in accordance with prescribed criteria;

(c)competent authorities to notify those affected of determinations of and changes to risk levels for categories of animals and goods.

4. In relation to regulations under paragraph 1 made in relation to the categories in point (h) of paragraph 2, these may make specific provision for:

(a)goods which are imported by operators belonging to a scheme created and administered by the appropriate authority for the purposes of reducing official controls, removing official controls or having them carried out by persons other than the competent authority;

(b)goods which are exported by operators belonging to a scheme created and administered by the appropriate authority for the purposes of enabling pre-export inspections required by third countries or in Northern Ireland to be carried out by persons other than the competent authority;

(c)the surveillance and auditing of operators who import animals or goods which are exempted under this Article in relation to those animals or goods, including, but not limited to—

(i)provision for the appointment of persons or bodies to carry out such surveillance or audits;

(ii)enforcement powers for those carrying out surveillance or audits; and

(iii)requirements on the handling and sharing of data obtained during surveillance and audits.

5. Regulations under paragraph 1 may make provision for the schemes mentioned in paragraph 4, including, but not limited to:

(a)the creation and operation of schemes, including on a trial basis;

(b)the conditions which a person must meet in order to be a member of a scheme;

(c)enabling a scheme member to carry out specified checks or controls;

(d)the modification of, or derogation from, requirements for consignments imported or exported by a scheme member;

(e)addressing any risk of a conflict of interest in the way a scheme member carries out specified checks or controls;

(f)the auditing and supervision of scheme members, including provision permitting or requiring—

(i)goods or documents to be examined, sealed, locked, marked, seized, detained or disposed of;

(ii)procedures or systems to be inspected;

(iii)samples to be taken or provided;

(g)the process for applications to and suspension or withdrawal from a scheme;

(h)appeals in relation to decisions relating to a scheme;

(i)liability for losses that a person incurs as a result of the conduct of a scheme member;

(j)controls which can be applied in respect of goods which have been imported and are no longer subject to any customs procedures.”.

Amendments to Article 49

11.—(1) Article 49 (official controls at border control posts) is amended as follows.

(2) In paragraph 1 for “upon arrival from a third country of the consignment at the” substitute “at a”.

(3) In paragraph 4, for the words from “the practical” to “Article 47(1)” substitute “the requirements for the presentation of animals and goods referred to in Article 47(1), including where they must be presented”.

Amendments to Article 50

12.—(1) Article 50 (certificates and documents accompanying consignments and split consignments) is amended as follows.

(2) For paragraph 1 substitute—

“1. Where original official certificates or documents are required by the rules referred to in Article 1(2) to accompany consignments of the categories of animals and goods in Article 47(1), these—

(a)must be presented to, and kept by, the competent authorities, unless otherwise provided for in the rules referred to in Article 1(2);

(b)may be in paper, electronic or digital form, unless otherwise provided for in the rules referred to in Article 1(2).”.

(3) For paragraph 2 substitute—

“2. The competent authorities must issue the operator responsible for the consignment with, as appropriate—

(a)an authenticated paper copy of the official certificates or documents referred to in paragraph 1;

(b)an electronic copy of the official certificates or documents referred to in paragraph 1;

(c)a unique digital identifier linked to the official certificates or documents referred to in paragraph 1; or

(d)if the consignment is split, individually authenticated paper or electronic copies of the official certificates or documents referred to in paragraph 1, or a new unique digital identifier linked to such certificates or documents.”.

Amendments to Article 51

13. In Article 51(1)(e) (specific rules for official controls at border control posts)—

(a)for “the rules on identity checks and physical checks” substitute “any of the requirements of this Regulation or legislation made under this Regulation or treated as if made under this Regulation, or from any of the rules referred to in Article 1(2) to the extent that these are used for the verification of compliance with rules in Article 1(2),”;

(b)omit “of the goods referred to in point (c) of Article 47(1)”.

Amendments to Article 53

14. In Article 53(1) (official controls not performed at border control posts)—

(a)for point (a) substitute—

“(a)identity checks and physical checks on consignments of the categories of animals and goods referred to in Article 47(1) may be performed by competent authorities—

(i)at control points other than border control posts, provided that those control points comply with the requirements in Article 64(3) or legislation made using the powers in Article 64;

(ii)at the place of destination;

(iii)at another appropriate place within the customs territory of the United Kingdom;”;

(b)for point (e) substitute—

“(e)documentary checks on consignments of the categories of animals and goods referred to in Article 47(1) may be performed—

(i)otherwise than at a border control post;

(ii)by automated means;

(iii)before the consignment enters Great Britain.”.

Amendments to Article 54

15.—(1) Article 54 (frequency of documentary checks, identity checks and physical checks) is amended as follows.

(2) In paragraph 1, for “All consignments” substitute “Subject to any alternative provision in regulations made under paragraph 3 or 4 of this Article, all consignments”.

(3) In paragraph 2, for “Identity checks and physical checks” substitute “Documentary checks, identity checks and physical checks”.

(4) In paragraph 3—

(a)in the opening words, for the words from “Those rules” to “shall establish” substitute “Those rules may provide for a range of frequencies to be used and may also establish”;

(b)for “frequency rates of identity checks and physical checks”, in each place it occurs, substitute “frequency rates of documentary checks, identity checks and physical checks”.

(5) In paragraph 4, for the first unnumbered paragraph substitute—

“The appropriate authority may make regulations laying down rules on the frequency of documentary checks, identity checks and physical checks for—

(a)the categories of goods referred to in point (c) of Article 47(1) which are within the scope of Article 2(4) of Regulation (EU) 2016/2031 (\"http://www.legislation.gov.uk/european/regulation/2016/2031\")(6 (\"#f00006\"));

(b)the categories of goods referred to in point (d) of Article 47(1);

(c)the categories of animals and goods referred to in points (e) and (f) of Article 47(1).

Regulations under point (a) may make provision for a single frequency rate to be applied to a consignment of goods where the constituent parts of the consignment would otherwise be subject to different frequency rates, with such rate determined by the risk posed by each individual commodity as well as the overall size and composition of the consignment.”.

Amendments to Article 56

16.—(1) Article 56 (use of the Common Health Entry Document (CHED) by the operator and by the competent authorities) is amended as follows.

(2) In paragraph 2, for “electronic equivalent” substitute “electronic or digital equivalents”.

(3) In paragraph 3—

(a)in point (a) omit “of the border control post of arrival”;

(b)in point (b) omit “of the border control post,”.

(4) In paragraph 4 omit “of the border control post”.

(5) In paragraph 5 omit “of the border control post”.

Amendments to Article 57

17.—(1) Article 57 (use of the CHED by customs authorities) is amended as follows.

(2) In paragraph 1—

(a)for “custom” substitute “customs”;

(b)omit “of the border control post”.

(3) In paragraph 2(a) omit “of the border control post”.

(4) In paragraph 3 omit “of the border control post”.

Amendment to Article 58

18. In Article 58(b) (format, time requirements and specific rules for the use of the CHED) omit “of the border control post”.

Amendment to Article 59

19. In Article 59(1) (designation of border control posts) for “shall” substitute “may”.

Amendment to Article 64

20. In Article 64(2) (minimum requirements for border control posts) omit “in cases of specific geographical constraints”.

Amendment to Article 70

21. In Article 70 (consistency of application of Articles 66, 67 and 68) for “control points” substitute “other places”.

Amendment to Article 76

22. In Article 76(4)(a) (cooperation between authorities in relation to consignments not subject to specific controls at borders) for “electronic equivalents” substitute “electronic or digital equivalents”.

Amendment to Article 80

23. In Article 80 (other fees or charges) for “official controls and other official activities” substitute “any activities they carry out under this Regulation or under legislation made using the powers included in this Regulation, including official controls or other official activities”.

Amendment to Article 81

24. In Article 81 (costs) for point (d) substitute—

“(d)costs borne by the competent authorities in connection with their duties under this Regulation and legislation made using the powers included in this Regulation, including in respect of—

(i)the delegation of official controls;

(ii)the collection and recovery of debts, including for unpaid fees;”.

Amendment to Article 83

25. For Article 83(3) (collection and application of fees or charges) substitute—

“3. Competent authorities may—

(a)arrange for fees or charges to be collected by authorities other than the competent authorities or by delegated bodies;

(b)publish details of how and when fees or charges are to be paid;

(c)make separate provision for payment in respect of operators who have previously failed to pay fees or charges that are due;

(d)recover any unpaid fee or charge as a civil debt.”.

Amendments to Article 90

26.—(1) Article 90 (powers concerning official certificates) is amended as follows.

(2) In point (a) omit the words from “, where requirements” until the end.

(3) In point (f) for the words from “certificates” until the end substitute “or digital certificates and for the use of unique digital identifiers and electronic signatures;”.

Amendments to Article 101

27.—(1) Article 101 (responsibilities and tasks of national reference laboratories) is amended as follows.

(2) In paragraph 1 for point (g) (but not the “and” after it) substitute—

“(g)where necessary, organise and conduct training courses for—

(i)official plant health officers designated under Article 37(1);

(ii)the staff of official laboratories designated under Article 37(1);”.

(3) In paragraph 2 omit the words from “, provided that” to the end.

Amendments to Article 126

28.—(1) Article 126 (establishment of additional conditions for entry into Great Britain of animals and goods) is amended as follows.

(2) In paragraph 1 omit “, with the exception of points (d), (e), (g) and (h) of Article 1(2),”.

(3) In paragraph 3—

(a)for “format and type of official certificates, official attestations, or” substitute “format, type and content of official certificates and official attestations, including in respect of any conditions which they are to include, as well as on the”;

(b)for the words from “the form” until the end substitute “the content and format of those official certificates, official attestations or evidence, including conditions of entry in the case of certificates”.

Amendment to Article 127

29. In Article 127(3)(e) (inclusion in the list of third countries referred to in point (a) of Article 126(2)) for point (ii) substitute—

“(ii)a list of the establishments referred to in point (i) will be drawn up, kept up to date and communicated to the appropriate authority, with any changes to be communicated without delay;”.

Amendment to Article 139

30. For Article 139(1) (penalties) substitute—

“1. The appropriate authority may, by regulations, make provision for—

(a)penalties applicable to infringements of—

(i)this Regulation;

(ii)legislation made using the powers included in this Regulation; or

(iii)any of the rules referred to in Article 1(2) which are used for the enforcement or implementation of such legislation or this Regulation;

(b)civil sanctions in relation to the infringements mentioned in point (a);

(c)appeals in respect of the decisions mentioned in Article 7 of this Regulation.”.

Amendments to Annex 6

31.—(1) Annex 6 (application of and derogations from this Regulation, and modifications to its application, in relation to territories subject to special transitional import arrangements) is amended as follows.

(2) In paragraph 5, in the text inserted into Article 44 as a modification under paragraph 3(1)—

(a)in paragraph 1B for “made under Article 48(d)” substitute “made or treated as being made under Article 48(1) in respect of goods mentioned in paragraph 2(d) of that Article”;

(b)in paragraph 1BA for “designated border control post” substitute “border control post or a point of entry for which a border control post has been designated”;

(c)in paragraph 1BD for “designated border control post” substitute “border control post or a point of entry for which a border control post has been designated”.

(3) For paragraph 7 substitute—

“7. In Article 48, after paragraph 5, insert—

“6. This Article applies to relevant goods arriving in Great Britain from a relevant third country subject to the derogations and modifications specified in Annex 6.”.”.

(4) In paragraph 9—

(a)for point (a) substitute—

“(a)in paragraph 1(a), for the words from “, and kept” until the end substitute “the competent authority and, in a case where a consignment of relevant goods arriving from a relevant third country is selected for the performance of official controls, may be kept by the competent authority with responsibility for the place where the official controls are carried out (‘the responsible competent authority’);”;

(b)in point (b) omit the following words—

(i)“the words from”;

(ii)“to “shall””;

(iii)“must”.

(5) In paragraph 13, in the text inserted as Article 56A—

(a)omit paragraph 7B(7 (\"#f00007\"));

(b)omit paragraph 9B(8 (\"#f00008\")).

PART 3Amendments to other legislation

Amendments to Commission Decision 2006/168/EC (\"http://www.legislation.gov.uk/european/decision/2006/0168\")

32.—(1) Commission Decision 2006/168/EC (\"http://www.legislation.gov.uk/european/decision/2006/0168\") establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos and repealing Decision 2005/217/EC (\"http://www.legislation.gov.uk/european/decision/2005/0217\")(9 (\"#f00009\")) is amended as follows.

(2) For Article 1(1) (general conditions for imports of embryos) substitute—

“1. The appropriate authority may authorise imports of embryos of domestic animals of the bovine species if the embryos—

(a)were collected or produced in a third country listed in Annex 1 to this Decision, or part thereof, as the appropriate authority may specify in a document published for the purposes of this Article;

(b)are accompanied by the model certificate referred to in Articles 2 and 3; and

(c)were collected or produced by embryo collection or production teams which meet the conditions—

(i)described in subparagraphs (a) to (c) of Article 8(1) of Directive 89/556/EEC (\"http://www.legislation.gov.uk/european/directive/1989/0556\")(10 (\"#f00010\")), as it had effect immediately before IP completion day and as read in accordance with paragraph 3; and

(ii)imposed by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), relating to the protection of public health or animal health in Great Britain on the import of a consignment of embryos, in a document published for the purposes of this Article.”.

(3) In Annex 1, in the table, omit the table notes.

Amendments to Commission Decision 2007/777/EC (\"http://www.legislation.gov.uk/european/decision/2007/0777\")

33.—(1) Commission Decision 2007/777/EC (\"http://www.legislation.gov.uk/european/decision/2007/0777\") laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC (\"http://www.legislation.gov.uk/european/decision/2005/0432\")(11 (\"#f00011\")) is amended as follows.

(2) For Article 3(a) (animal health requirements concerning the origin and treatment of the meat products and treated stomachs, bladders and intestines) (but not the “and” after it) substitute—

“(a)comply with—

(i)any conditions concerning origin and treatment set out in Annex 1(1) or (2); and

(ii)any conditions set out in a document published under point (b);”.

(3) In Annex 2, Part 2, in the table, omit the table notes.

Amendments to Commission Regulation (EC) 798/2008 (\"http://www.legislation.gov.uk/european/regulation/2008/0798\")

34.—(1) Commission Regulation (EC) No 798/2008 (\"http://www.legislation.gov.uk/european/regulation/2008/0798\") laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements(12 (\"#f00012\")) is amended as follows.

(2) In Article 2(23) (definitions) for “set out in the list headed “Additional guarantees (AG) in Part 2 of Annex 1” substitute “required in a document published by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), under Article 5”.

(3) In Article 5 (conditions for imports and transit)—

(a)in paragraph 1—

(i)in point (c) omit “set out in the list headed “Specific conditions” in Part 2 of Annex 1”;

(ii)in point (d) omit “subject to paragraph 3,”;

(b)omit paragraph 3.

(4) In Annex 1—

(a)in Part 1, in the table, omit the table notes;

(b)omit Part 2.

Amendments to Commission Regulation (EU) 206/2010 (\"http://www.legislation.gov.uk/european/regulation/2010/0206\")

35.—(1) Commission Regulation (EU) No 206/2010 (\"http://www.legislation.gov.uk/european/regulation/2010/0206\") laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements(13 (\"#f00013\")) is amended as follows.

(2) For Article 2c(3) (specific conditions – live ungulates and fresh meat) substitute—

“3. “Specific condition” means one of the conditions published under paragraph 2 by the Secretary of State, imposed with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales).”.

(3) In Annex 1, Part 1—

(a)in the table omit the table notes;

(b)after the table omit the words from “Specific Conditions” to “BOV-X, OVI-X, OVI-Y or RUM”.

(4) In Annex 2, Part 1, in the table, omit the table notes.

Amendments to Commission Decision 2010/472/EU (\"http://www.legislation.gov.uk/european/decision/2010/0472\")

36.—(1) Commission Decision 2010/472/EU (\"http://www.legislation.gov.uk/european/decision/2010/0472\") on imports of semen, ova and embryos of animals of the ovine and caprine species into the Union(14 (\"#f00014\")) is amended as follows.

(2) In Article 1(2) (subject matter and definitions) omit the definition of “additional guarantee”.

(3) In Article 1a (additional guarantees)—

(a)for the heading, substitute—

“Conditions”;

(b)in paragraph 1 for “Annex 1” substitute “, for imports of consignments of semen, Annex 1 and, for imports of consignments of ova and embryos, Annex 3”;

(c)omit paragraph 2.

(4) In Article 2(ca) (imports of semen) for “additional guarantees” substitute “conditions”.

(5) In Article 3(ca) (imports of ova and embryos) for “additional guarantees” substitute “conditions”.

(6) In Article 4a(2)(a) (matters relating to the exercise of powers under this Decision) for “(additional guarantees)” substitute “(conditions)”.

Amendment to Commission Regulation (EU) 605/2010 (\"http://www.legislation.gov.uk/european/regulation/2010/0605\")

37. In Commission Regulation (EU) No 605/2010 (\"http://www.legislation.gov.uk/european/regulation/2010/0605\") laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption(15 (\"#f00015\")), in Annex 1, in the table, omit the table notes.

Amendments to the Trade in Animals and Related Products Regulations 2011

38.—(1) The Trade in Animals and Related Products Regulations 2011(16 (\"#f00016\")) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “health certificate”, for “electronic form” substitute “electronic or digital form”.

(3) In regulation 10 (meaning and use of common health entry document “CHED”)—

(a)in paragraph (1) for “electronic equivalent” substitute “electronic or digital equivalent”;

(b)for paragraph (5) substitute—

“(5) An electronic or digital equivalent refers to a CHED which is capable of being produced by the person responsible for the consignment at any time by electronic means or by use of a unique digital identifier, as defined in Article 3(27A) of the Official Controls Regulation.”.

(4) In regulation 12 (appointment of official veterinary surgeons and official fish inspectors) for “border inspection post”, in each place it occurs, substitute “border control post”.

(5) In regulation 13 (place of importation) for “at a border inspection post” substitute “through a border control post or a point of entry for which a border control post has been”.

(6) In regulation 14 (notification of importation)—

(a)in paragraph (1) for “the border control post of destination” substitute “a border control post”;

(b)in paragraph (3) for “CVED” substitute “CHED”.

(7) In regulation 16(5) (removal from the border control post) for the words from “in electronic form” to the end, substitute “in electronic or digital form, refer to the CHED being capable of being produced by the person responsible for the consignment at any time by electronic means or by use of a unique digital identifier, as defined in Article 3(27A) of the Official Controls Regulation”.

(8) In regulation 18(2) (destination outside Great Britain) for “border inspection post” substitute “border control post”.

(9) In regulation 19(a) (unchecked consignments) for “through a border control post approved for that animal or product” substitute “in accordance with regulation 13”.

(10) In regulation 32 (enforcement) for “border inspection post”, in each place it occurs, substitute “border control post”.

(11) In regulation 39 (offences), in the table, in the column with the heading “description of the offence”—

(a)in the entry for regulation 13 for “importation other than at a border inspection post” substitute “importation other than through a border control post or a point of entry for which a border control post has been designated”;

(b)in the entry for regulation 16(1), for “border inspection post” substitute “border control post”;

(c)for “CVED”, in both places it occurs, substitute “CHED”.

(12) In Schedule 2 (specific requirements for individual cases), in paragraph 8 (arrival at premises of destination) for “border inspection post”, in both places it occurs, substitute “border control post”.

(13) In Schedule 3 (cases to which Part 3 does not apply), in paragraph 9 (case 8: low risk goods exempted from routine checks at border control posts under Article 48(h) of the Official Controls Regulation) for “Article 48(h)”, in both places it occurs (including the heading), substitute “Article 48(1) and (2)(h)”.

Amendments to the Trade in Animals and Related Products (Wales) Regulations 2011

39.—(1) The Trade in Animals and Related Products (Wales) Regulations 2011(17 (\"#f00017\")) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “health certificate”, for “electronic form” substitute “electronic or digital form”.

(3) In regulation 10 (meaning and use of common health entry document “CHED”)—

(a)in paragraph (1) for “electronic equivalent” substitute “electronic or digital equivalent”;

(b)for paragraph (5) substitute—

“(5) An electronic or digital equivalent refers to a CHED which is capable of being produced by the person responsible for the consignment at any time by electronic means or by use of a unique digital identifier, as defined in Article 3(27A) of the Official Controls Regulation.”.

(4) In regulation 12 (appointment of official veterinary surgeons and official fish inspectors) for “border inspection post”, in each place it occurs, substitute “border control post”.

(5) In regulation 13 (place of importation) for “at a border inspection post” substitute “through a border control post or a point of entry for which a border control post has been”.

(6) In regulation 14(1) (notification of importation) for “the border control post of destination” substitute “a border control post”.

(7) In regulation 16(5) (removal from the border control post) for the words from “in electronic form” to the end, substitute “in electronic or digital form, refer to the CHED being capable of being produced by the person responsible for the consignment at any time by electronic means or by use of a unique digital identifier, as defined in Article 3(27A) of the Official Controls Regulation”.

(8) In regulation 18(2) (destination outside Great Britain) for “border inspection post” substitute “border control post”.

(9) In regulation 19(a) (unchecked consignments) for “through a border control post approved for that animal or product” substitute “in accordance with regulation 13”.

(10) In regulation 32 (enforcement) for “border inspection post”, in each place it occurs, substitute “border control post”.

(11) In regulation 39 (offences), in the table, in the column with the heading “description of the offence”—

(a)in the entry for regulation 13 for “importation other than at a border inspection post” substitute “importation other than through a border control post or a point of entry for which a border control post has been designated”;

(b)in the entry for regulation 16(1) for “border inspection post” substitute “border control post”.

(12) In Schedule 2 (specific requirements for individual cases), in paragraph 8 (arrival at premises of destination) for “border inspection post”, in both places it occurs, substitute “border control post”.

(13) In Schedule 3 (cases to which Part 3 does not apply), in paragraph 9 (case 8: low risk goods exempted from routine checks under Article 48(h) of the Official Controls Regulation) for “Article 48(h)”, in both places it occurs (including the heading), substitute “Article 48(1) and (2)(h)”.

(14) In Schedule 5 (application of, derogations from, and modifications to, Part 3 in relation to territories subject to special transitional import arrangements) in paragraph 4(1)(b) (derogation from regulation 13: place of importation) for “at a border inspection post” substitute “through a border control post or a point of entry for which a border control post has been”.

Amendments to the Trade in Animals and Related Products (Wales) Regulations 2011 (Welsh language text)

40.—(1) The Trade in Animals and Related Products (Wales) Regulations 2011 (Rheoliadau’r Fasnach mewn Anifeiliaid a Chynhyrchion Perthynol (Cymru) 2011)(18 (\"#f00018\")) are amended as follows.

(2) In regulation 2(1) (dehongli), in the definition of “tystysgrif iechyd”, for “ar ffurf electronig” substitute “ar ffurf electronig neu ddigidol”.

(3) In regulation 10 (ystyr dogfen mynediad iechyd gyffredin “DMIG” a’r defnydd ohoni)—

(a)in paragraph (1) for “ar ffurf electronig” substitute “ar ffurf electronig neu ddigidol”;

(b)for paragraph (5) substitute—

“(5) Mae’r hyn sy’n cyfateb i ddogfen ar ffurf electronig neu ddigidol yn cyfeirio at DMIG y gall y person sy’n gyfrifol am y llwyth ei ddangos ar unrhyw adeg drwy gyfrwng electronig neu drwy ddefnyddio dynodydd digidol unigryw, fel y’i diffinnir yn Erthygl 3(27A) o’r Rheoliad Rheolaethau Swyddogol.”.

(4) In regulation 12 (penodi milfeddygon swyddogol ac arolygwyr pysgod swyddogol) for “arolygfa ffin”, in each place it occurs, substitute “safle rheolaethau’r ffin”.

(5) In regulation 13 (man mewnforio) for “arolygfa ffin sydd wedi ei ddynodi” substitute “safle rheolaethau’r ffin neu bwynt mynediad y mae safle rheolaethau’r ffin wedi ei ddynodi ar ei gyfer”.

(6) In regulation 14(1) (hysbysiad am fewnforio) for “hysbysu’r safle rheoli ar y ffin sy’n gyrchfan” substitute “hysbysu safle rheolaethau’r ffin”.

(7) In regulation 16(5) (symud llwyth o’r safle rheoli ar y ffin) for the words from “ar ffurf electronig” to the end, substitute “ar ffurf electronig neu ddigidol yn cyfeirio at y ffaith y gall y person sy’n gyfrifol am y llwyth ddangos y DMIG ar unrhyw adeg drwy gyfrwng electronig neu drwy ddefnyddio dynodydd digidol unigryw, fel y’i diffinnir yn Erthygl 3(27A) o’r Rheoliad Rheolaethau Swyddogol”.

(8) In regulation 18(2) (cyrchfan y tu allan i Brydain Fawr) for “arolygfa ffin” substitute “safle rheolaethau’r ffin”.

(9) In regulation 19(a) (llwythi nas gwiriwyd) for “drwy arolygfa ffin a gymeradwywyd ar gyfer yr anifail neu’r cynnyrch hwnnw” substitute “yn unol â rheoliad 13”.

(10) In regulation 32 (gorfodi) for “arolygfa ffin”, in each place it occurs, substitute “safle rheolaethau’r ffin”.

(11) In regulation 39 (tramgwyddau), in the table, in the column with the heading “disgrifiad o’r tramgwydd”—

(a)in the entry for regulation 13 for “Mewnforio mewn man ac eithrio arolygfa ffin” substitute “Mewnforio mewn man ac eithrio drwy safle rheolaethau’r ffin neu bwynt mynediad y mae safle rheolaethau’r ffin wedi ei ddynodi ar ei gyfer”;

(b)in the entry for regulation 16(1) for “arolygfa ffin” substitute “safle rheolaethau’r ffin”.

(12) In Schedule 2 (gofynion penodedig ar gyfer achosion unigol), in paragraph 8 (cyrraedd mangre cyrchu) for “arolygfa ffin”, in both places it occurs, substitute “safle rheolaethau’r ffin”.

(13) In Schedule 3 (achosion nad yw Rhan 3 yn gymwys iddynt), in paragraph 9 (achos 8: nwyddau risg isel sydd wedi eu hesemptio rhag gwiriadau rheolaidd o dan Erthygl 48(h) o’r Rheoliad Rheolaethau Swyddogol) for “Erthygl 48(h)”, in both places it occurs (including the heading), substitute “Erthygl 48(1) a (2)(h)”.

(14) In Schedule 5 (cymhwyso Rhan 3, ei rhanddirymu a’u haddasu, mewn perthynas â thiriogaethau sy’n ddarostyngedig i drefniadau mewnforio trosiannol arbennig) in paragraph 4(1)(b) (rhanddirymiad rhag rheoliad 13: man mewnforio) for “drwy arolygfa ffin” substitute “drwy safle rheolaethau’r ffin neu bwynt mynediad y mae safle rheolaethau’r ffin wedi ei ddynodi ar ei gyfer”.

Amendments to Commission Regulation (EU) 142/2011 (\"http://www.legislation.gov.uk/european/regulation/2011/0142\")

41. In Commission Regulation (EU) No 142/2011 (\"http://www.legislation.gov.uk/european/regulation/2011/0142\") implementing Regulation (EC) No 1069/2009 (\"http://www.legislation.gov.uk/european/regulation/2009/1069\") of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC (\"http://www.legislation.gov.uk/european/directive/1997/0078\") as regards certain samples and items exempt from veterinary checks at the border under that Directive(19 (\"#f00019\")), in Annex 14 (importation, export and transit)—

(a)in Chapter 1, in Section 1, in Table 1, in the column headed “Third countries’ lists”, for each entry substitute “The list of third countries published by the appropriate authority”;

(b)in Chapter 2, in Section 1, in Table 2, in the column headed “Third countries’ lists”, for each entry substitute “The list of third countries published by the appropriate authority”.

Amendments to Commission Decision 2011/163/EU (\"http://www.legislation.gov.uk/european/decision/2011/0163\")

42.—(1) Commission Decision 2011/163/EU (\"http://www.legislation.gov.uk/european/decision/2011/0163\") on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (\"http://www.legislation.gov.uk/european/directive/1996/0023\")(20 (\"#f00020\")) is amended as follows.

(2) In Article 1—

(a)in paragraph 1 for “Subject to paragraphs 1A to 1F, the” substitute “The”;

(b)omit paragraphs 1A to 1F.

(3) In Article 2(1), for the words from “in the Annex” to the end substitute “in the document published under Article 1(1) of Commission Decision 2011/163/EU (\"http://www.legislation.gov.uk/european/decision/2011/0163\")”.

(4) In the Annex, in the table, omit the table notes.

Amendments to Commission Implementing Decision 2011/630/EU (\"http://www.legislation.gov.uk/european/decision/2011/0630\")

43.—(1) Commission Implementing Decision 2011/630/EU (\"http://www.legislation.gov.uk/european/decision/2011/0630\") on imports into the Union of semen of domestic animals of the bovine species(21 (\"#f00021\")) is amended as follows.

(2) For Article 2(1)(d) (imports of semen) substitute—

“(d)it complies with—

(i)any requirements specified in a document published under point (a); and

(ii)any requirements set out in the animal health certificate referred to in point (c)”.

(3) In Annex 1, in the table, omit the table notes.

Amendments to the Trade in Animals and Related Products (Scotland) Regulations 2012

44.—(1) The Trade in Animals and Related Products (Scotland) Regulations 2012(22 (\"#f00022\")) are amended as follows.

(2) In regulation 2(1) (interpretation) in the definition of “health certificate”, for “electronic form” substitute “electronic or digital form”.

(3) In regulation 8(1) (meaning and use of common health entry document (“CHED”)) for “electronic equivalent” substitute “electronic or digital equivalent”.

(4) In regulation 11 (place of importation) for “at a border control post” substitute “through a border control post or a point of entry for which a border control post has been”.

(5) In regulation 14(1) (removal from a border control post) for “electronic equivalent” substitute “electronic or digital equivalent”.

(6) In regulation 17(a) (unchecked consignments) for “through a border control post approved for that animal or product” substitute “in accordance with the requirement in regulation 11”.

(7) In regulation 33(e) (offences), in the table, in the column with the heading “description of offence”, in the entry for “regulation 11”, for “importation other than at a border control post” substitute “importation other than through a border control post or a point of entry for which a border control post has been designated”.

(8) In Schedule 3 (cases to which Part 3 does not apply), in paragraph 8, in the heading, for “Article 48(h)”, substitute “Article 48(1) and (2)(h)”.

Amendments to Commission Implementing Decision 2012/137/EU (\"http://www.legislation.gov.uk/european/decision/2012/0137\")

45. In Commission Implementing Decision 2012/137/EU (\"http://www.legislation.gov.uk/european/decision/2012/0137\") on imports into the Union of semen of domestic animals of the porcine species(23 (\"#f00023\")) for Article 2(1)(d) (imports of semen) substitute—

“(d)it complies with—

(i)any requirements specified in a document published under point (a); and

(ii)any requirements set out in the animal health certificate referred to in point (c)”.

Amendments to Regulation (EU) 2016/2031 (\"http://www.legislation.gov.uk/european/regulation/2016/2031\")

46.—(1) Regulation (EU) 2016/2031 (\"http://www.legislation.gov.uk/european/regulation/2016/2031\") of the European Parliament and of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC (\"http://www.legislation.gov.uk/european/directive/1969/0464\"), 74/647/EEC (\"http://www.legislation.gov.uk/european/directive/1974/0647\"), 93/85/EEC (\"http://www.legislation.gov.uk/european/directive/1993/0085\"), 98/57/EC (\"http://www.legislation.gov.uk/european/directive/1998/0057\"), 2000/29/EC (\"http://www.legislation.gov.uk/european/directive/2000/0029\"), 2006/91/EC (\"http://www.legislation.gov.uk/european/directive/2006/0091\") and 2007/33/EC (\"http://www.legislation.gov.uk/european/directive/2007/0033\")(24 (\"#f00024\")) is amended as follows.

(2) In Article 10 (official confirmation by the competent authorities of the presence of a GB quarantine pest), in the first unnumbered paragraph, for “an official laboratory as referred to in Article 37 of Regulation (EU) 2017/625 (\"http://www.legislation.gov.uk/european/regulation/2017/0625\")” substitute “an official laboratory or official plant health officer designated in accordance with Article 37(1) of Regulation (EU) 2017/625 (\"http://www.legislation.gov.uk/european/regulation/2017/0625\")”.

(3) In Article 47(1) (requirements for phytosanitary transit) for “third country” substitute “place outside Great Britain”.

(4) In Article 105A(1) (penalties) for “or of any EU tertiary legislation, or regulations, made under it” substitute “, of legislation made using the powers included in this Regulation, or of any other legislation which is used for the enforcement or implementation of such legislation or this Regulation”.

Amendments to Commission Implementing Regulation (EU) 2018/659 (\"http://www.legislation.gov.uk/european/regulation/2018/0659\")

47.—(1) Commission Implementing Regulation (EU) 2018/659 (\"http://www.legislation.gov.uk/european/regulation/2018/0659\") on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae(25 (\"#f00025\")) is amended as follows.

(2) In Article 19a (sanitary groups)—

(a)in paragraph 1 omit the words “, in accordance with column 1 of the table headed “sanitary groups” in Annex 1”;

(b)in paragraph 3 for “column 2 of the table headed “sanitary groups” in Annex 1” substitute “a document including such guarantees as may be published by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales) for the purposes of this Article”.

(3) In Annex 1 (list of third countries from which the entry into Great Britain of consignments of equidae etc. is authorised)—

(a)in the first table omit the table notes;

(b)omit the second table (headed “sanitary groups”).

Amendments to Commission Implementing Regulation (EU) 2019/626 (\"http://www.legislation.gov.uk/european/regulation/2019/0626\")

48.—(1) Commission Implementing Regulation (EU) 2019/626 (\"http://www.legislation.gov.uk/european/regulation/2019/0626\") concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption, amending Implementing Regulation (EU) 2016/759 (\"http://www.legislation.gov.uk/european/regulation/2016/0759\") as regards these lists(26 (\"#f00026\")) is amended as follows.

(2) For Article 13 (list of countries or regions thereof authorised for the entry into Great Britain of rendered animal fats and greaves) substitute—

“Consignments of rendered animal fats and greaves intended for human consumption may only be authorised for entry into Great Britain if they come from such territory or part of the third countries or regions authorised for the import of meat products into Great Britain in accordance with Article 3(b)(i) of Decision 2007/777/EC (\"http://www.legislation.gov.uk/european/decision/2007/0777\") as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article.”.

(3) In Article 14 (list of third countries or regions thereof authorised for the entry into Great Britain of gelatine and collagen) for paragraphs 1 to 3 substitute—

“1. Consignments of gelatine and collagen derived from bovine, ovine, caprine, porcine and equine animals, intended for human consumption, may only be authorised for entry into Great Britain if they come from such territory or part of a third country mentioned in paragraph 1A as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph.

1A. For the purposes of paragraph 1 the third countries are—

(a)the countries listed in column 1 of Part 1 of Annex 2 to Regulation (EU) No 206/2010 (\"http://www.legislation.gov.uk/european/regulation/2010/0206\")(27 (\"#f00027\"));

(b)South Korea;

(c)Malaysia;

(d)Pakistan;

(e)Taiwan.

2. Consignments of gelatine and collagen derived from poultry intended for human consumption may only be authorised for entry into Great Britain if they come from such territory or part of a third country mentioned in paragraph 2A as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph.

2A. For the purposes of paragraph 2 the third countries are—

(a)the countries listed in column 1 of the table in Part 1 of Annex 1 to Regulation (EC) No 798/2008 (\"http://www.legislation.gov.uk/european/regulation/2008/0798\")(28 (\"#f00028\"));

(b)Taiwan.

3. Consignments of gelatine and collagen derived from fishery products intended for human consumption may only be authorised for entry into Great Britain if they come from such territory or part of a third country or region listed in Annex 2 as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph.”.

(4) In Article 15 (list of third countries or regions thereof authorised for the entry into Great Britain of raw materials for the production of gelatine and collagen)—

(a)for paragraph 1 substitute—

“1. Consignments of raw materials for the production of gelatine and collagen derived from bovine, ovine, caprine, porcine and equine animals intended for human consumption may only be authorised for entry into Great Britain if they come from such territory or part of third countries or regions authorised for the import of consignments of fresh meat of the specific ungulates into Great Britain in accordance with point (a) of Article 14 of Regulation (EU) No 206/2010 (\"http://www.legislation.gov.uk/european/regulation/2010/0206\")(29 (\"#f00029\")) as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph.”;

(b)for paragraph 3 substitute—

“3. Consignments of raw materials for the production of gelatine and collagen derived from fishery products intended for human consumption may only be authorised for entry into Great Britain if they come from such territory or part of third countries or regions that are listed in Annex 2 as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph.”.

(5) In Article 16 (list of third countries or regions thereof authorised for the entry into Great Britain of treated raw materials for the production of gelatine and collagen)—

(a)for paragraphs 1 to 3 substitute—

“1. Consignments of treated raw materials for the production of gelatine and collagen derived from bovine, ovine, caprine, porcine and equine animals intended for human consumption may only be authorised for entry into Great Britain if they come from such territory or part of a third country mentioned in paragraph 1A as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph.

1A. For the purposes of paragraph 1 the third countries are—

(a)the countries listed in column 1 of the table in Part 1 of Annex 2 to Regulation (EU) No 206/2010 (\"http://www.legislation.gov.uk/european/regulation/2010/0206\");

(b)South Korea;

(c)Malaysia;

(d)Pakistan;

(e)Taiwan.

2. Consignments of treated raw materials for the production of gelatine and collagen derived from poultry intended for human consumption may only be authorised for entry into Great Britain if they come from such territory or part of a third country mentioned in paragraph 2A as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph.

2A. For the purposes of paragraph 2 the third countries are—

(a)the countries listed in column 1 of the table in Part 1 of Annex 1 to Regulation (EC) No 798/2008 (\"http://www.legislation.gov.uk/european/regulation/2008/0798\");

(b)Taiwan.

3. Consignments of treated raw materials for the production of gelatine and collagen derived from fishery products intended for human consumption may only be authorised for entry into Great Britain if they come from such territory or part of third countries or regions that are listed in Annex 2 as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph.”;

(b)for paragraph 5 substitute—

“5. Consignments of treated raw materials for the production of gelatine and collagen referred to in point 4(b)(iii) of Chapter 1 of Section 14 of Annex 3 to Regulation (EC) No 853/2004 (\"http://www.legislation.gov.uk/european/regulation/2004/0853\")(30 (\"#f00030\")) may only be authorised for entry into Great Britain if they come from such territory or part of third countries or regions authorised for the entry of raw materials derived from those commodities in accordance with Article 15 of this Regulation as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph.”.

(6) For Article 18 (list of third countries or regions thereof authorised for the entry into Great Britain of certain highly refined products) substitute—

“Consignments of highly refined chondroitin sulphate, hyaluronic acid, other hydrolysed cartilage products, chitosan, glucosamine, rennet, isinglass and amino acids intended for human consumption may only be authorised for entry into Great Britain if they come from such territory or part of the following third countries as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article—

(a)in the case of raw materials derived from ungulates—

(i)the countries listed in column 1 of the table in Part 1 of Annex 2 to Regulation (EU) No 206/2010 (\"http://www.legislation.gov.uk/european/regulation/2010/0206\");

(ii)South Korea;

(iii)Malaysia;

(iv)Pakistan;

(v)Taiwan;

(b)in the case of raw materials derived from fishery products, third countries or regions that are listed in Annex 2;

(c)in the case of raw materials derived from poultry, third countries or territories listed in column 1 of the table in Part 1 of Annex 1 to Regulation (EC) No 798/2008 (\"http://www.legislation.gov.uk/european/regulation/2008/0798\").”.

(7) In Article 21 (list of third countries or regions thereof authorised for the entry into Great Britain of other products of animal origin) for paragraphs 1 to 3 substitute—

“1. if derived from ungulates, such territory or part of the following third countries as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph—

(a)the countries listed in column 1 of the table in Part 1 of Annex 2 to Regulation (EU) No 206/2010 (\"http://www.legislation.gov.uk/european/regulation/2010/0206\");

(b)South Korea;

(c)Malaysia;

(d)Pakistan;

(e)Taiwan;

2. if derived from poultry, such territory or part of the following third countries as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph—

(a)the countries listed in column 1 of the table in Part 1 of Annex 1 to Regulation (EC) No 798/2008 (\"http://www.legislation.gov.uk/european/regulation/2008/0798\");

(b)Taiwan;

3. if derived from fishery products, such territory or part of the third countries or regions listed in Annex 2 as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph;”.

(8) In Annex 1 (list of third countries or regions thereof from which entry into Great Britain of live, chilled, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption is permitted), in the table, in the column headed “remarks” replace all of the entries with a single cell applicable to all of the rows which reads as follows—

“Subject to any conditions published by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales).”.

(9) In Annex 2 (list of third countries or regions thereof from which entry into Great Britain of fishery products, other than those covered by Annex I, is permitted), in the table, in the column headed “restrictions” replace all of the entries with a single cell applicable to all of the rows which reads as follows—

“Subject to any conditions published by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales).”.

(10) In Annex 3 (list of third countries or regions thereof from which entry into Great Britain of frogs’ legs and snails, prepared in accordance with Section XI to Annex III to Regulation (EC) No 853/2004 (\"http://www.legislation.gov.uk/european/regulation/2004/0853\") intended for human consumption is permitted), in the table, in the column headed “restrictions” replace all of the entries with a single cell applicable to all of the rows which reads as follows—

“Subject to any conditions published by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales).”.

(11) In Annex 3a (list of third countries or regions thereof from which entry into Great Britain of insects is permitted, referred to in Article 20), in the table, for the column headed “remarks” replace all of the entries with a single cell applicable to all of the rows which reads as follows—

“Subject to any conditions published by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales).”.

Amendments to Commission Delegated Regulation (EU) 2019/1602 (\"http://www.legislation.gov.uk/european/regulation/2019/1602\")

49.—(1) Commission Delegated Regulation (EU) 2019/1602 (\"http://www.legislation.gov.uk/european/regulation/2019/1602\") supplementing Regulation (EU) 2017/625 (\"http://www.legislation.gov.uk/european/regulation/2017/0625\") of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination(31 (\"#f00031\")) is amended as follows.

(2) In Article 4(a) (conditions for the CHED accompanying consignments which are not split) for “a copy, on paper or in electronic form,” substitute “a paper, electronic or digital copy”.

(3) In Article 5(1)(d) (conditions for the CHED accompanying consignments split at the border control post) for “a copy, on paper or in electronic form,” substitute “a paper, electronic or digital copy”.

(4) In Article 6(a) (conditions for the CHED accompanying consignments under customs supervision split after leaving the border control post) for “a copy, on paper or in electronic form,” substitute “a paper, electronic or digital copy”.

Amendments to Commission Implementing Regulation (EU) 2019/2130 (\"http://www.legislation.gov.uk/european/regulation/2019/2130\")

50.—(1) Commission Implementing Regulation (EU) 2019/2130 (\"http://www.legislation.gov.uk/european/regulation/2019/2130\") establishing detailed rules on the operations to be carried out during and after documentary checks, identity checks and physical checks on animals and goods subject to official controls at border control posts(32 (\"#f00032\")) is amended as follows.

(2) In Article 4(9) (detailed rules for physical checks) omit “laboratory” in both places it occurs.

(3) In Article 5(2) (operations to be carried out after documentary checks, identity checks and physical checks) omit “laboratory” in both places it occurs.

(4) In Annex 3 (detailed rules on the operations to be carried out during physical checks on plants, plant products and other objects referred to in Article 4(6)), in paragraph 6, omit “laboratory”.

Hayman of Ullock

Parliamentary Under Secretary

Department for Environment, Food and Rural Affairs

30th January 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Regulation (EU) 2017/625 (\"http://www.legislation.gov.uk/european/regulation/2017/0625\") 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 (“Official Controls Regulation”).

They also amend Commission Decision 2006/168/EC (\"http://www.legislation.gov.uk/european/decision/2006/0168\"), Commission Decision 2007/777/EC (\"http://www.legislation.gov.uk/european/decision/2007/0777\"), Commission Regulation (EC) 798/2008 (\"http://www.legislation.gov.uk/european/regulation/2008/0798\"), Commission Regulation (EU) 206/2010 (\"http://www.legislation.gov.uk/european/regulation/2010/0206\"), Commission Decision 2010/472/EU (\"http://www.legislation.gov.uk/european/decision/2010/0472\"), Commission Regulation (EU) 605/2010 (\"http://www.legislation.gov.uk/european/regulation/2010/0605\"), the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197 (\"http://www.legislation.gov.uk/id/uksi/2011/1197\")), the Trade in Animals and Related Products (Wales) Regulations 2011 (S.I. 2011/2379 (W. 252) (\"http://www.legislation.gov.uk/id/wsi/2011/2379\")), Commission Regulation (EU) 142/2011 (\"http://www.legislation.gov.uk/european/regulation/2011/0142\"), Commission Decision 2011/163/EU (\"http://www.legislation.gov.uk/european/decision/2011/0163\"), Commission Implementing Decision 2011/630/EU (\"http://www.legislation.gov.uk/european/decision/2011/0630\"), the Trade in Animals and Related Products (Scotland) Regulations 2012 (S.S.I. 2012/177 (\"http://www.legislation.gov.uk/id/ssi/2012/177\")), Commission Implementing Decision 2012/137/EU (\"http://www.legislation.gov.uk/european/decision/2012/0137\"), Regulation (EU) 2016/2031 (\"http://www.legislation.gov.uk/european/regulation/2016/2031\"), Commission Implementing Regulation (EU) 2018/659 (\"http://www.legislation.gov.uk/european/regulation/2018/0659\"), Commission Implementing Regulation (EU) 2019/626 (\"http://www.legislation.gov.uk/european/regulation/2019/0626\"), Commission Delegated Regulation (EU) 2019/1602 (\"http://www.legislation.gov.uk/european/regulation/2019/1602\"), Commission Implementing Regulation (EU) 2019/2130 (\"http://www.legislation.gov.uk/european/regulation/2019/2130\"). These are all secondary assimilated law within the meaning of section 11(2) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) (\"http://www.legislation.gov.uk/id/ukpga/2023/28\"), as read with sections 5, 14(10) and 15(2) of that Act.

Part 2 amends the Official Controls Regulation. This includes amendments to enable official plant health officers to carry out more functions, the removal of a requirement for all imported consignments to be subject to a documentary check, an expansion of the available exemptions from official controls, including of the powers to set these, and provision for both civil sanctions and appeals against decisions made under the legislation.

Part 3 amends other legislation also relevant to official controls carried out on imported consignments. This includes amendments to the means by which conditions for imports from third countries can be added or removed.

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.

(1)

2023 c. 28 (\"http://www.legislation.gov.uk/id/ukpga/2023/28\").

(2)

The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023.

(3)

EUR 2017/625; relevant amending instruments are S.I. 2020/1481 (\"http://www.legislation.gov.uk/id/uksi/2020/1481\"), S.S.I. 2021/809 (\"http://www.legislation.gov.uk/id/ssi/2021/809\"), 342 (\"http://www.legislation.gov.uk/id/ssi/2021/342\"), S.I. 2022/621 (\"http://www.legislation.gov.uk/id/uksi/2022/621\"), 1315 (\"http://www.legislation.gov.uk/id/uksi/2022/1315\"), S.S.I. 2022/90 (\"http://www.legislation.gov.uk/id/ssi/2022/90\"), S.I. 2023/1131 (\"http://www.legislation.gov.uk/id/uksi/2023/1131\"), 2024/20 (\"http://www.legislation.gov.uk/id/uksi/2024/20\"), 541 (\"http://www.legislation.gov.uk/id/uksi/2024/541\"), 547 (\"http://www.legislation.gov.uk/id/uksi/2024/547\"), 557 (\"http://www.legislation.gov.uk/id/uksi/2024/557\").

(4)

2018 c. 16 (\"http://www.legislation.gov.uk/id/ukpga/2018/16\"). Section 8C was inserted by the European Union (Withdrawal Agreement) Act 2020 (c. 1) (\"http://www.legislation.gov.uk/id/ukpga/2020/1\") and amended by the United Kingdom Internal Market Act 2020 (c. 27) (\"http://www.legislation.gov.uk/id/ukpga/2020/27\"). The power in section 8C(6) was exercised in S.I. 2020/1454 (\"http://www.legislation.gov.uk/id/uksi/2020/1454\") and 2024/163 (\"http://www.legislation.gov.uk/id/uksi/2024/163\").

(5)

EUR 2013/576, to which there are amendments not relevant to these Regulations.

(6)

EUR 2016/2031.

(7)

Paragraph 7B was inserted into the text as it applies in relation to England and Wales by S.I. 2024/20 (\"http://www.legislation.gov.uk/id/uksi/2024/20\").

(8)

Paragraph 9B was inserted into the text as it applies in relation to Scotland by S.I. 2024/20 (\"http://www.legislation.gov.uk/id/uksi/2024/20\").

(9)

EUDN 2006/168, amended by S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\").

(10)

OJ No. L 302, 19.10.1989, p. 1.

(11)

EUDN 2007/777, amended by S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2021/211 (\"http://www.legislation.gov.uk/id/uksi/2021/211\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\"), 1315 (\"http://www.legislation.gov.uk/id/uksi/2022/1315\"), 2023/217 (\"http://www.legislation.gov.uk/id/uksi/2023/217\").

(12)

EUR 2008/798, amended by S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2021/211 (\"http://www.legislation.gov.uk/id/uksi/2021/211\"), 1454 (\"http://www.legislation.gov.uk/id/uksi/2021/1454\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\"), 1315 (\"http://www.legislation.gov.uk/id/uksi/2022/1315\"), 2023/217 (\"http://www.legislation.gov.uk/id/uksi/2023/217\").

(13)

EUR 2010/206, amended by S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2021/211 (\"http://www.legislation.gov.uk/id/uksi/2021/211\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\"), 2023/217 (\"http://www.legislation.gov.uk/id/uksi/2023/217\").

(14)

EUDN 2010/472, amended by S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\").

(15)

EUR 2010/605, amended by S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2021/211 (\"http://www.legislation.gov.uk/id/uksi/2021/211\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\").

(16)

S.I. 2011/1197 (\"http://www.legislation.gov.uk/id/uksi/2011/1197\"); relevant amending instruments are S.I. 2013/2996 (\"http://www.legislation.gov.uk/id/uksi/2013/2996\"), 2019/1488 (\"http://www.legislation.gov.uk/id/uksi/2019/1488\"), 2020/109 (\"http://www.legislation.gov.uk/id/uksi/2020/109\") and 1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\").

(17)

S.I. 2011/2379 (W. 252) (\"http://www.legislation.gov.uk/id/wsi/2011/2379\"); relevant amending instruments are S.I. 2020/44 (W. 5) (\"http://www.legislation.gov.uk/id/wsi/2020/44\"), 1612 (W. 337) (\"http://www.legislation.gov.uk/id/wsi/2020/1612\").

(18)

S.I. 2011/2379 (W. 252) (\"http://www.legislation.gov.uk/id/wsi/2011/2379\"); relevant amending instruments are S.I. 2020/44 (W. 5) (\"http://www.legislation.gov.uk/id/wsi/2020/44\"), 1612 (W. 337) (\"http://www.legislation.gov.uk/id/wsi/2020/1612\").

(19)

EUR 2011/142, amended by S.I. 2019/588 (\"http://www.legislation.gov.uk/id/uksi/2019/588\"), 2020/1388 (\"http://www.legislation.gov.uk/id/uksi/2020/1388\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\").

(20)

EUDN 2011/163, amended by S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2021/211 (\"http://www.legislation.gov.uk/id/uksi/2021/211\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\").

(21)

EUDN 2011/630, amended by S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\").

(22)

S.S.I. 2012/177 (\"http://www.legislation.gov.uk/id/ssi/2012/177\"); relevant amending instruments are S.S.I. 2019/412 (\"http://www.legislation.gov.uk/id/ssi/2019/412\"), 2020/458 (\"http://www.legislation.gov.uk/id/ssi/2020/458\").

(23)

EUDN 2012/137, amended by S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\").

(24)

EUR 2016/2031; relevant amending instruments are S.I. 2020/1482 (\"http://www.legislation.gov.uk/id/uksi/2020/1482\"), 2022/1315 (\"http://www.legislation.gov.uk/id/uksi/2022/1315\").

(25)

EUR 2018/659, amended by S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\").

(26)

EUR 2019/626, amended by S.I. 2020/1631 (\"http://www.legislation.gov.uk/id/uksi/2020/1631\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\").

(27)

EUR 2010/206; relevant amending instruments are S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2021/211 (\"http://www.legislation.gov.uk/id/uksi/2021/211\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\"), 2023/217 (\"http://www.legislation.gov.uk/id/uksi/2023/217\"). Relevant amendments are also made by regulation 35(3) (\"#regulation-35-3\") of these Regulations.

(28)

EUR 2008/798; relevant amending instruments are S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2021/211 (\"http://www.legislation.gov.uk/id/uksi/2021/211\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\"), 1315 (\"http://www.legislation.gov.uk/id/uksi/2022/1315\"), 2023/217 (\"http://www.legislation.gov.uk/id/uksi/2023/217\"). Relevant amendments are also made by regulation 34(4) (\"#regulation-34-4\") of these Regulations.

(29)

EUR 206/2010; relevant amending instruments are S.I. 2020/1462 (\"http://www.legislation.gov.uk/id/uksi/2020/1462\"), 2022/735 (\"http://www.legislation.gov.uk/id/uksi/2022/735\").

(30)

EUR 2004/853, to which there are amendments not relevant to these Regulations.

(31)

EUR 2019/1602, amended by S.I. 2020/1481 (\"http://www.legislation.gov.uk/id/uksi/2020/1481\").

(32)

EUR 2019/2130, amended by S.I. 2020/1481 (\"http://www.legislation.gov.uk/id/uksi/2020/1481\").