Statutory Instruments
2022 No. 1193
Agriculture, England
Food, England
The Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022
Made
16th November 2022
Laid before Parliament
17th November 2022
Coming into force
17th January 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 53(1)(b) and 57a(6) of Regulation 1 ) (“ Regulation 178/2002 ”) and Articles 47(2)(b), 54(4)(a) and (b) and 144(6) of 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 ”)( 2 ).
As required by Article 9 of Regulation 178/2002, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
As required by Article 144(7) of the Official Controls Regulations, the Secretary of State has consulted with such bodies or persons as appear appropriate.
Citation, commencement, extent and application
1. —(1) These Regulations may be cited as the Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022 and come into force on 17th January 2023.
(2) These Regulations extend to England and Wales but apply in relation to England only.
Amendment of Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures, etc
2. —(1) Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and 3 ) is amended as follows.
(2) In Article 1, in paragraph 1(b)—
(a) in subparagraph (i), for “Table 1” substitute “Table 1 (England)” ;
(b) in subparagraph (ii)—
(i) for “Table 1” substitute “Table 1 (England)” ;
(ii) for “Table 2” substitute “Table 2 (England)” .
(3) In Article 8 —
(a) in paragraph 3—
(i) for both references to “Table 2” substitute “Table 2 (England)” ;
(ii) for “Table 1”, in each place, substitute “Table 1 (England)” .
(b) In paragraph 4—
(i) for “Table 2” substitute “Table 2 (England)” ;
(ii) for “Table 1”, in each place substitute “Table 1 (England)” .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In Annex 2—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) for the second table (Compound food referred to in Article 1(1)(b)(ii) substitute the table in Schedule 3.
(6) In Annex 2a, for the table substitute the table in Schedule 4.
Neil O’Brien
Parliamentary Under-Secretary of State,
Department of Health and Social Care
16th November 2022
Regulation 2(4)
SCHEDULE 1 Substitution of the table in Annex I to Commission Implementing Regulation (EU) 2019/1793 in relation to England
Regulation 2(5)(a)
SCHEDULE 2 Substitution of the first table in Annex 2 to Commission Implementing Regulation (EU) 2019/1793 in relation to England
Regulation 2(5)(b)
SCHEDULE 3 Substitution of the second table in Annex 2 to Commission Implementing Regulation (EU) 2019/1793 in relation to England
“ Table 2: England
Compound food containing any of the individual products listed in table 1 of this Annex due to risk of contamination by aflatoxins in a quantity above 20% of either a single product or as the sum of products listed referred to in Article 1(1)(b)(ii)
| CN Code (1) | Description (2) |
|---|---|
(1) Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’. | |
(2) The description of the goods is as laid down in the description column of the CN in Annex I to Regulation (EEC) No 2658/87 4 ) . | |
(3) Mixtures of two or more of the products of different headings are to be classified in the heading 0910. ” | |
| ex1704 90 | Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated. |
| ex 1806 | Chocolate and other food preparations containing cocoa. |
| ex 1905 | Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products. |
| 0910 91 | Mixtures of spices (3) . |
Regulation 2(6)
SCHEDULE 4 Substitution of the table in Annex 2a to Commission Implementing Regulation (EU) 2019/1793 in relation to England
“ Table: England
Food and feed from certain third countries subject to suspension of entry into Great Britain referred to in Article 11a
| Row | Country of origin | Food and feed (intended use) | CN code (1) | TARIC sub-division | Hazard |
|---|---|---|---|---|---|
(1) Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’. ” | |||||
| 1 | Nigeria (NG) | Food consisting of dried beans (Food) | 0713 35 00 | Pesticide residues | |
| 0713 39 00 | |||||
| 0713 90 00 | |||||
EUR 2002/178, amended by S.I. 2019/641 and 2022/377 . See Article 3(19) for the definition of “appropriate authority”.
EUR 2017/625, amended by S.I. 2020/1481 . See Article 3(2A) for the definition of “the appropriate authority”.
EUR 2019/1793 as amended by S.I. 2020/1631 .
EUR 1987/2658.