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Jurisdiction: Great Britain
Commencement: 31st December 2022
Amends:
Manufacturers of certain products placed on the market before 31st December 2024 do not require a Great Britain conformity assessment if the product has a valid EU conformity assessment certificate. A series of transitional measures are also made.
Amendment
CE marking will continue to be accepted on the market in Great Britain in most cases until 31st December 2024. Manufacturers of products placed on the market before 31st December 2024 do not require a Great Britain conformity assessment certificate if the product has a valid EU conformity assessment certificate. This transitional measure ceases to have effect following the expiry of the EU conformity assessment certificate or on 31st December 2027.
Economic operators that have fulfilled certain EU obligations, in accordance with regulation 2A of the 2018 Regulations, are considered to have complied with GB obligations. This transitional measure will expire on 31st December 2024.
A series of further transitional provisions are also made, which vary slightly amongst the 16 pieces amended.
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Jurisdiction: Great Britain
Commencement: 16th November 2022
Amends:
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.
Various duties apply.
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.
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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Jurisdiction: Great Britain
Commencement: 26th November 2021
Amends: The Plant Health (Amendment etc.) (EU Exit) Regulations 2020
Under The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 as the United Kingdom (UK) has now left the European Union (EU) it is no longer part of the European single market. This means the EU becomes a third country and subject to third country import controls for the import of certain plants, plant pests and other material (such as soil). Internal controls will also continue to apply to movement of goods within Great Britain (GB).
A result of this is that the 2019 Regulations need to be amended to remove references to EU Regulations that have not been retained and to update definitions so that import controls apply to any material imported from outside GB. Numerous references to ‘Union territory’ are replaced with ‘Great Britain’.
Schedule 1 (temporary national measures) to the 2019 Regulations is removed. Schedule 2 originally set out general controls for certain plant pests relating to potatoes. This Schedule has been amended to remove references to EU Directives and insert definitions and references to EEPO (European and Mediterranean Plant Protection Organisation) Standards.
Schedule 3 which set out the relevant provisions in the EU Regulations for offences is amended as follows:
Schedule 4 (offences relating to EU emergency decisions) is removed.
Amendment
Transitional provisions within The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 are amended. This is done to ensure that they are extended to lower risk plants and products that enter Great Britain from Liechtenstein and Switzerland.
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