Home → Updates → Legal → The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022
The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022
Jurisdiction: Great Britain
Commencement: 16th November 2022
Amends:
- Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031
- Regulation (EU) 2017/625 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
Mini Summary
Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 lists the different pests of plants and is supplementary to Regulation (EU) 2016/2031 on protective measures against pests of plants, which is known as the ‘EU Plant Health Regulation’. This is because this Regulation establishes a number of annexes that the EU Plant Health Regulation refers to that list relevant plant pests, measures needed to reduce the risk of those pests, and plants that are prohibited from entering the EU.
Regulation (EU) 2017/625 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 applies to the competent authorities who are required to check compliance by operators with agri-food* chain legislation from Great Britain (GB). *Agri-food includes the agricultural, horticultural, and food and drink processing industries.This Regulation has been made to provide a harmonised approach for official controls and other official activities undertaken by competent authorities.
Application in Great Britain
Following the UK’s departure from the European Union (EU), the European Union (Withdrawal) Act 2018 incorporated all directly acting EU Regulations into UK law. Those Regulations have been subsequently amended to revise various definitions, terminology, authorities, etc. to GB rather than EU references, and to provide for regulation and enforcement by GB rather than EU bodies. This entry describes the retained version of Regulation (EU) 2017/625 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, which applies in England, Scotland and Wales (GB) from IP completion day (31st December 2020).
Application in Northern Ireland
Although Northern Ireland has left the EU, under the terms of the Northern Ireland Protocol the EU version of Regulation (EU) 2017/625 continues to apply in Northern Ireland.
Appropriate authorities are the Secretary of State and the Welsh and Scottish Ministers.
Official controls are the controls carried out on animals and relevant goods entering GB and include checks such as documentary checks, identity checks and physical checks.
Duties
Various duties apply.
Amendment
- Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031
Minor technical changes are made to delete the word “specified” in column 3 of entry 71 in Annex VII (List of plants, plant products and other objects, originating from third countries and the corresponding special requirements for their introduction into the Union territory).
There are no changes to duties for organisations.
- Regulation (EU) 2017/625 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
A minor revision is made to Article 21 2(b). The official controls to verify compliance with welfare requirements when importing and transporting horses and domestic animals (e.g. cattle, sheep, goats and pigs) are extended. These controls now apply to third countries importing horses and domestic animals into Britain.
This amendment has no direct relevance to environmental matters.
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