Citation, commencement, extent, application and interpretation

1.—(1) These Regulations may be cited as the Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2025, and come into force on the day after the day on which these Regulations are made.

(2) These Regulations extend to, and apply in relation to, England and Wales and Scotland, save that—

(a)paragraph 2 of Schedule 2 extends to England and Wales and applies in relation to England only;

(b)paragraphs 3 and 4 of Schedule 2 extend to England and Wales and apply in relation to Wales only;

(c)paragraph 5 of Schedule 2 extends and applies in relation to Scotland only;

(d)regulation 3, so far as it relates to paragraphs 2 to 5 of Schedule 2, has the same extent and application as the paragraph in question.

(3) In these Regulations—

“Annex 6” means Annex 6 to the Official Controls Regulation, as amended from time to time;

“border control post” has the meaning given in Article 3(38) of the Official Controls Regulation;

“competent authority” has the meaning given in Article 3(3) of the Official Controls Regulation;

“official controls” has the meaning given in Article 2(1) of the Official Controls Regulation;

“the Official Controls Regulation” means 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(2);

“qualifying Northern Ireland goods” has the meaning given to it from time to time by regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018(3);

“relevant goods” has the meaning given in paragraph 2 of Annex 6;

“relevant third country” has the meaning given in paragraph 2 of Annex 6;

“the transitional staging period” has the meaning given in paragraph 2 of Annex 6.

Movement of relevant goods into Great Britain from Northern Ireland: transitory provision

2.—(1) For the purposes of this regulation, a “relevant movement” is a movement of relevant goods, other than qualifying Northern Ireland goods, from Northern Ireland to Great Britain during the period beginning with the date on which these Regulations come into force until the end of the transitional staging period.

(2) Subject to paragraphs (3) to (5)—

(a)the legislation listed in column 1 of the table in Schedule 1, so far as it relates to the movement of relevant goods to Great Britain from a relevant third country (“a specified movement”), applies for the purposes of any regulatory check, control or administrative process relating to a relevant movement, subject to the derogations and modifications specified in the transitional import arrangements set out in the provisions of the legislation listed in column 2 of that table (as amended from time to time), as it applies in relation to a specified movement;

(b)any requirement in the rules referred to in Article 1(2) of the Official Controls Regulation (as amended from time to time), other than legislation listed in column 1 of the table in Schedule 1, for goods to be accompanied by a health certificate, phytosanitary certificate or other document for the purpose of official controls carried out for the verification of, or to facilitate the verification of, compliance with those rules applies in relation to a relevant movement as it applies in relation to a specified movement.

(3)Relevant goods moving in the course of a relevant movement may enter Great Britain through the following points of entry—

(a)as regards relevant goods referred to in Article 47(1)(a) of the Official Controls Regulation or exempted from Article 47(1) of the Official Controls Regulation in accordance with assimilated direct minor legislation or any regulations made under Article 48 of that Regulation, any point of entry;

(b)as regards relevant goods referred to in Article 47(1)(b) of the Official Controls Regulation—

(i)in relation to England, a border control post designated for goods of the category in question or Heysham;

(ii)in relation to Scotland and Wales, any point of entry;

(c)as regards relevant goods referred to in Article 47(1)(c) of the Official Controls Regulation, a border control post designated for goods of the category in question or any of the following ports—

(i)Cairnryan;

(ii)Fishguard;

(iii)Heysham;

(iv)Holyhead;

(d)as regards relevant goods referred to in Article 47(1)(d) of the Official Controls Regulation—

(i)a border control post designated for goods of the category in question;

(ii)Cairnryan;

(iii)Heysham; or

(iv)any point of entry in Wales.

(4)Official controls required by the competent authority to be carried out on relevant goods moving in the course of a relevant movement may be performed at a border control post, or, where such goods do not enter through a border control post, any other of the places specified in Article 44(3) of the Official Controls Regulation.

(5) Paragraph 2 of Annex 6 applies for the purposes of any movement which is a relevant movement as if for the definition of “appropriate frequency rate” there were substituted—

““appropriate frequency rate” in relation to the frequency of performance of official controls, means the frequency determined by the competent authority in accordance with the factors specified in Article 44(2) and published online;”.

Amendments to legislation relating to the definition of qualifying Northern Ireland goods

3. The legislation specified in Schedule 2 is amended in accordance with that Schedule.

Regulation 2(2)(a)

SCHEDULE 1

Regulation 3

SCHEDULE 2Amendments to legislation

Part 1Amendments to assimilated direct legislation

Regulation (EU) 2016/2031 on protective measures against pests of plants

1.—(1)Regulation (EU) 2016/203121) is amended as follows.

(2) In Article 2c(c), for the definition of “qualifying Northern Ireland Goods” substitute ““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(22);”.

Part 2Amendments to secondary legislation

The Trade in Animals and Related Products Regulations 2011

2.—(1)The Trade in Animals and Related Products Regulations 2011 are amended as follows.

(2) In Schedule 5, in paragraph 5(4)(c), for the definition of “qualifying Northern Ireland goods” substitute ““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.”.

The Trade in Animals and Related Products (Wales) Regulations 2011 (English language text)

3.—(1) The English language text of the Trade in Animals and Related Products (Wales) Regulations 2011 is amended as follows.

(2) In Schedule 5, in paragraph 5(4)(c), for the definition of “qualifying Northern Ireland goods” substitute ““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.”.

The Trade in Animals and Related Products (Wales) Regulations 2011 (Welsh language text)

4.—(1) The Welsh language text of the Trade in Animals and Related Products (Wales) Regulations is amended as follows.

(2) In Schedule 5, in paragraph 5(4)(c), for the definition of “nwyddau cymwys Gogledd Iwerddon” substitute ““nwyddau cymwys Gogledd Iwerddon” yr ystyr a roddir iddo o bryd i’w gilydd mewn rheoliadau a wneir o dan adran 8C(6) o Ddeddf yr Undeb Ewropeaidd (Ymadael) 2018 ”.

The Trade in Animals and Related Products (Scotland) Regulations 2012

5.—(1)The Trade in Animals and Related Products (Scotland) Regulations 2012 are amended as follows.

(2) In Schedule 5, in paragraph 4(6)(f), for the definition of “qualifying Northern Ireland goods” substitute ““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.”.