Statutory Instruments
2021 No. 809
Animals
Food
Plant Health
The Official Controls (Extension of Transitional Periods) Regulations 2021
Made
7th July 2021
Laid before Parliament
8th July 2021
Coming into force
30th July 2021
The Secretary of State makes the following Regulations in exercise of the powers conferred by:
Article 144(6) of, and paragraph 2 of Annex 6 to, 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 ,
regulation 71(1) of the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 , and
regulation 33(2) of the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 .
In accordance with Article 144(7) of Regulation (EU) 2017/625, before making these Regulations, the Secretary of State has consulted such bodies and persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by these Regulations and such other bodies or persons as the Secretary of State considers appropriate.
In accordance with Article 3(2B) of Regulation (EU) 2017/625 , regulation 71(2) of the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020, and regulation 35(2) of the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020, the Welsh Ministers, in relation to the application of these Regulations in relation to Wales, and the Scottish Ministers, in relation to the application of these Regulations in relation to Scotland, have consented to the Secretary of State making these Regulations.
Citation, commencement, extent and application
1. —(1) These Regulations—
(a) may be cited as the Official Controls (Extension of Transitional Periods) Regulations 2021, and
(b) come into force on 30th July 2021.
(2) This regulation, and regulations 2, 3, 4, 7 and 8 extend to England and Wales, and Scotland.
(3) Regulation 5 applies in relation to England only.
(4) Regulation 6 extends to Scotland only.
End of the transitional staging period
2. For the purposes of sub-paragraph (b) of the definition of “the transitional staging period” in paragraph 2 (interpretation) of Annex 6 to 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, the appointed date is 1st July 2025 .
End of the transitional staging period
2. In relation to Wales, for the purposes of sub-paragraph (b) of the definition of “the transitional staging period” in paragraph 2 (interpretation) of Annex 6 to 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, the appointed date is 1st July 2025 .
General transitional provision relating to model certificates: end of period of application
3. The appointed date for the purposes of regulation 33(2) of the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 is 30th September 2021.
Amendments to Regulation (EU) 2017/625
4. —(1) 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 is amended as follows.
(2) In Annex 6, in paragraph 13, in the text of Article 56A, as inserted for the purposes mentioned in paragraph 3 of Annex 6—
(a) in paragraph (4), for “31st July 2021” substitute “ the relevant date ” ;
(b) after paragraph (4), insert—
“ (5) In paragraph (4), “ the relevant date ” means—
(a) in relation to point (a), 1st October 2021;
(b) in relation to point (b), 1st January 2022. ” .
Amendments to the Trade in Animals and Related Products Regulations 2011
(2) In regulation 2(1), after the definition of “third country”, insert—
“ “ the transitional staging period ” has the meaning given in Annex 6 to the Official Controls Regulation. ” .
(3) In regulation 26(3), for “day on 31st July 2021” substitute “ transitional staging period ” .
(4) In Schedule 5—
(a) in paragraph 5(3), for “31st July” substitute “ 1st October ” ;
(b) in paragraph 6(1)(c)—
(i) for “31st July” substitute “ 1st October ” ;
(ii) after “products of animal origin” insert “ or animal by-products ” .
Amendments to the Trade in Animals and Related Products (Scotland) Regulations 2012
(2) In Schedule 5—
(a) in paragraph 4(3), for “31st July” substitute “ 1st October ” ;
(b) in paragraph 5(3)—
(i) for “31st July” substitute “ 1st October ” ;
(ii) after “products of animal origin” insert “ or animal by-products ” .
Amendments to the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020
7. —(1)The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 are amended as follows.
(2) In regulations 69 and 70, for “31st July” substitute “ 30th September ” .
Amendments to the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020
8. —(1)The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 are amended as follows.
(2) In regulation 34(5), for the definition of “the transitional staging period” substitute—
“ “ the transitional staging period ” means the period beginning on IP completion day and ending at the end of the day on 30th September 2021. ” .
Benyon of Englefield
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs