The Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2025
The Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2025, effective May 20, 2025 (with some exceptions), extend several transitional periods related to post-Brexit official controls on food, feed, animal health, plant health, and plant protection products.
The amendments postpone deadlines in Annex 6 of Regulation (EU) 2017/625, the Official Controls (Extension of Transitional Periods) Regulations 2021, and the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022, delaying stricter checks on certain imported goods until January 31, 2027.
These changes aim to ease the transition to the new regulatory framework.
Arguments For
Easing the transition: Extending the deadlines provides more time for businesses and government agencies to adapt to post-Brexit regulations related to food safety, animal health, and plant health.
Preventing disruption: Delaying the implementation of stricter controls minimizes potential disruption to trade and supply chains, particularly the plants, plant products, and other objects industry.
Practical considerations: The extension acknowledges the practical challenges of implementing complex new regulations within shorter timeframes. Evidence suggests that fully implementing these controls by the original deadline was impractical.
Legal basis: The regulations rely on the power granted under Article 144(6) of Regulation (EU) 2017/625 and the relevant UK legislation, providing a clear legal mandate for the amendment.
Arguments Against
Regulatory delays: Prolonging transitional periods could delay the full implementation of important food safety, animal health, and plant health standards, potentially leading to risks.
Administrative burden: Extending the deadline might increase the administrative burden in the long run, as adjustments need to happen eventually.
Alternatives: There may be more targeted or effective ways to address the challenges of implementation that don't require a blanket extension of deadlines.
Uncertain future compliance: While this amendment offers temporary relief, it doesn't solve the root causes of difficulty complying with the regulations long-term.
- Citation, commencement and extent (1) These Regulations may be cited as the Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2025. (2) They come into force on 20th May 2025, with the exception of regulations 2 and 4, which come into force on 1st July 2025. (3) They extend to England and Wales and Scotland.
This section provides the title, effective dates, and geographical coverage of the regulations.
The regulations are officially titled the "Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2025" and most provisions take effect on May 20, 2025, with regulations 2 and 4 coming into force on July 1, 2025.
These regulations apply to England, Wales, and Scotland.
- Amendment to Regulation (EU) 2017/625 (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, paragraph 2 (interpretation), in the definition of “excepted goods”, in point (i), for “1st July 2025” substitute “31st January 2027”.
This section revises Regulation (EU) 2017/625, specifically amending the definition of "excepted goods" within Annex 6, paragraph 2.
The amendment changes the date for "excepted goods" from July 1, 2025, to January 31, 2027. 'Excepted goods' refers to certain plants, plant products, and objects from the EU, Liechtenstein, or Switzerland entering Great Britain.
- Amendment to the Official Controls (Extension of Transitional Periods) Regulations 2021 (1) The Official Controls (Extension of Transitional Periods) Regulations 2021 are amended as follows. (2) In regulation 2 (end of the transitional staging period), for “1st July 2025” substitute “31st January 2027”.
This section modifies the Official Controls (Extension of Transitional Periods) Regulations 2021.
The amendment alters regulation 2, which defines the end of a transitional period.
The amendment shifts this deadline from July 1, 2025, to January 31, 2027.
This transitional period was previously defined in relation to post-Brexit regulations on official controls.
- Amendment to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022 (1) The Official Controls (Plant Health) (Frequency of Checks) Regulations 2022 are amended as follows. (2) In regulation 3(1A) (determination of the frequency rate of physical checks and identity checks)— (a) in sub-paragraph (b), for “1st July 2025” substitute “31st January 2027”; (b) for sub-paragraph (c) substitute— “(c) are imported through a relevant port; and”.
This section amends the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022.
It modifies regulation 3(1A), adjusting the timing of physical and identity checks for plant products from EU Member States, Liechtenstein, or Switzerland entering the UK through a relevant port.The amendments extend the deadline in sub-paragraph (b) from July 1, 2025, to January 31, 2027 and replace sub-paragraph (c) to clarify the criterion for imported goods based on their entry point.
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