The Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2025
These regulations create a temporary system for moving specific goods from Northern Ireland to Great Britain, mirroring checks on imports from non-EU countries.
This involves applying existing legislation with modifications and specifying entry points.
The regulations also amend other legislation connected to defining ‘qualifying Northern Ireland goods’ to reflect ongoing changes in applicable law.
Arguments For
Facilitates trade: Provides a temporary framework for the movement of goods from Northern Ireland to Great Britain as part of a transitional process.
Addresses Brexit complexities: Aims to ease and streamline trade between the regions to reduce disruption caused by the UK's departure from the EU.
Legal certainty: Provides clear guidance and procedures for businesses in the transitional period.
Harmonization and alignment: Aligns processes with existing regulatory frameworks for imports from third countries.
Arguments Against
Potential for administrative burden: Could still impose considerable administrative burdens on businesses despite the transitory nature of the regulations.
Limited timeframe: The transitional nature of the measures means prolonged uncertainty and potential adjustments needed when the framework expires.
Economic impact: May affect the competitiveness of Northern Irish producers compared to those already operating under existing EU trade rules.
Risk of regulatory divergence: Could lead to unintended consequences and regulatory inconsistency.
- Citation, commencement, extent, application and interpretation (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 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; “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; “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.
This section details the title, effective date, geographical reach, and key definitions within the regulations.
The regulations apply to England, Scotland, and Wales, with specific exceptions for certain schedules applying only to England, Wales, or Scotland.
Key terms, such as 'Annex 6', 'border control post', and 'qualifying Northern Ireland goods', are defined by referencing the Official Controls Regulation (EU) 2017/625 and other legislation.
- Movement of relevant goods into Great Britain from Northern Ireland: transitory provision (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;.
This section outlines the temporary rules for moving goods from Northern Ireland to Great Britain for a specific period.
For this movement, the rules mirror those of importing from non-EU countries, listing legislation and requiring documents.
The section specifies allowed points of entry into Great Britain, depending on what type of goods are moved.
It also includes guidelines on where official controls can take place and details amendments to frequency rate definitions.
- Amendments to legislation relating to the definition of qualifying Northern Ireland goods The legislation specified in Schedule 2 is amended in accordance with that Schedule.
This section states that amendments are made to existing laws which define 'qualifying Northern Ireland goods', as detailed in Schedule 2.
These amendments ensure the definitions align with ongoing changes determined by the law made under section 8C(6) of the 2018 Act.
SCHEDULE 1 Regulation 2(2)(a) Legislation | Transitional import arrangements The Official Controls Regulation and legislation made under it | Annex 6; Article 13a of Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption; Article 3A of Commission Delegated Regulation (EU) 2019/1666 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Union; Article 4 of Commission Implementing Decision (EU) 2019/2098 on temporary animal health requirements for consignments of products of animal origin for human consumption originating in and returning to the Union following a refusal of entry by a third country; Article 12A of Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market; Article 1A of Commission Implementing Regulation (EU) 2019/2124 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union; Article 8 of Commission Implementing Regulation (EU) 2019/2129 establishing rules for the uniform application of frequency rates for identity checks and physical checks on certain consignments of animals and goods entering the Union. The Trade in Animals and Related Products (England) Regulations 2011 | Schedule 5 to the Trade in Animals and Related Products (England) Regulations 2011 The Trade in Animals and Related Products (Wales) Regulations 2011 | Schedule 5 to the Trade in Animals and Related Products (Wales) Regulations 2011 The Trade in Animals and Related Products (Scotland) Regulations 2012 | Schedule 5 to the Trade in Animals and Related Products (Scotland) Regulations 2012 Regulation (EU) 2016/2031 on protective measures against pests of plants | Regulation 52 of the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 | Regulation 4 of the Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021 The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 | Regulation 4 of the Plant Health and Plant Propagating Material (Miscellaneous Amendments) (Scotland) Regulations 2021 The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020 | Regulation 3 of the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) Regulations 2021
This schedule lists legislation related to the movement of goods and specifies corresponding transitional arrangements.
This includes legislation on official controls and the trade of animals and related products, as well as plant health regulations and relevant amendments made post-Brexit.
For each act, a linked transitional import arrangement is given as reference
SCHEDULE 2 Amendments to legislation Regulation 3 Part 1 Amendments to assimilated direct legislation Regulation (EU) 2016/2031 on protective measures against pests of plants
- (1) Regulation (EU) 2016/2031 on protective measures against pests of plants 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;” . Part 2 Amendments to secondary legislation The Trade in Animals and Related Products Regulations 2011
- (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)
- (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)
- (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
- (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.”
This schedule details the specific amendments made to various pieces of legislation.
The amendments primarily focus on updating the definition of ‘qualifying Northern Ireland goods’ across different regulations related to animal and plant trade, ensuring these definitions align with the most current interpretations from section 8C(6) of the European Union (Withdrawal) Act 2018.