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Scope of Chapter 2
The specific rules laid down in this Chapter shall apply to the following retail goods: (a) products of animal or plant origin, plants other than plants intended for planting, and ready-to-sell pet food and dog chews; (b) composite products; (c) food; (d) food contact materials.
Specific rules for consignments of retail goods referred to in Article 3, points (a) and (b)
1. The entry into Northern Ireland from other parts of the United Kingdom and the placing on the market in Northern Ireland of consignments of retail goods referred to in Article 3, points (a) and (b), shall be subject to specific rules on special rates of official controls and a general certificate only where all of the following conditions are fulfilled: (a) the retail goods are prepacked and bear a marking where required in accordance with Article 6; (b) the retail goods comply with one of the following: (i) they originate in parts of the United Kingdom other than Northern Ireland; (ii) they come from a Member State; (iii) they are rest-of-the-world retail goods, consisting of commodities not subject to the animal health or plant health rules referred to in Article 1(2), points (d), (e) and (g), of Regulation (EU) 2017/625; (iv) they are rest-of-the-world retail goods that comply with the specific rules laid down in Article 9 of this Regulation; (v) in the case of fishery products, they were either: — caught by a fishing vessel flying the flag of the United Kingdom and landed in parts of the United Kingdom other than Northern Ireland, or — caught by a fishing vessel flying the flag of a Member State, or of a third country other than the United Kingdom listed in an implementing act adopted in accordance with Article 9(4) of this Regulation, and were imported into parts of the United Kingdom other than Northern Ireland; (c) the retail goods comply with the rules laid down in Regulations (EC) No 1069/2009, (EU) 2016/429, (EU) 2016/2031 and (EU) 2017/625, and in the case of fishery products, they respect the notion of illegal, unreported and unregulated fishing as defined by the Union in its application of Regulation (EC) No 1005/2008; (d) the retail goods are only to be placed on the market in Northern Ireland for final consumers; (e) the retail goods are dispatched from listed establishments in parts of the United Kingdom other than Northern Ireland and received by listed establishments in Northern Ireland; (f) the retail goods are presented for official controls at SPS Inspection Facilities of first arrival in Northern Ireland in accordance with Regulation (EU) 2017/625; (g) written guarantees have been provided by the United Kingdom on the following: (i) that effective official controls on consignments of retail goods at SPS Inspection Facilities of first arrival in Northern Ireland that comply with the requirements set out in Annex II to this Regulation are carried out in accordance with Regulation (EU) 2017/625; and (ii) that official controls, evidenced through a control plan, and monitoring in accordance with the requirements set out in Part 1 of Annex III to this Regulation are carried out covering the movements of those retail goods from the SPS Inspection Facilities of first arrival in Northern Ireland to the listed establishment of destination to ensure that those consignments are solely intended for retail sale at listed establishments in Northern Ireland and will not be subsequently moved to a Member State; those written guarantees thereby provide assurance to the Union that the special rates of official controls and the general certificate do not increase the risks to animal or plant health on the island of Ireland, do not adversely affect the SPS status of the island of Ireland, do not increase the risk to public, animal or plant health in the internal market, do not increase the risk that fishery products originating from illegal, unreported or unregulated fishing are placed on the market within the Union, and do not adversely affect the level of consumer protection in the internal market or its integrity; (h) the Commission has adopted an implementing act in accordance with paragraph 3 of this Article, and has not taken measures in accordance with paragraph 4 of this Article or in accordance with Article 14. 2. Consignments of retail goods shall be accompanied by the general certificate referred to in paragraph 1, which shall be issued by the competent authorities of the United Kingdom. That general certificate shall certify that the retail goods in the consignment comply with the requirements laid down in paragraph 1, points (a) to (f). 3. Where the conditions concerning the written guarantees referred to in paragraph 1, point (g), of this Article are fulfilled, and taking account of Commission controls regarding compliance with the requirements for SPS Inspection Facilities set out in Annex II, the Commission may, by means of implementing acts, lay down the special rates of official controls, as well as the rules on those official controls and on the model general certificate for the consignments referred to in paragraph 1 of this Article. The special rates of identity checks, including for compliance with paragraph 1, point (a), of this Article, and Article 5(1), point (a), shall be adapted depending on the extent to which different types of retail goods are individually marked. Where the marking requirements laid down in Article 6(1), point (b), are complied with, the special rate of identity checks shall be reduced to 8 % of all consignments. Where the marking requirements laid down in Article 6(1), point (c), are complied with, the special rate of identity checks shall be reduced to 5 % of all consignments. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2). 4. The Commission shall monitor the application by the United Kingdom of the specific rules on special rates of official controls on consignments and the general certificate referred to in paragraphs 1 and 2. Where there is evidence, such as a Union inspection report, data on trade volumes on wine products, an audit, or a notification under the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625 (IMSOC) or under the Organic Farming Information System made available by the Commission in accordance with Article 43 of Regulation (EU) 2018/848 of the European Parliament and of the Council ( 15 ) (OFIS), that the United Kingdom does not take appropriate measures to tackle serious or repeated infringements of the conditions referred to in paragraph 1, points (a) to (g), of this Article, the Commission shall, after having duly informed and consulted with the United Kingdom, adopt an implementing act laying down appropriate special conditions and measures, including temporary or permanent restrictions on the application of the specific rules to certain consignments or establishments, or amending the implementing act adopted in accordance with paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2) and (3). 5. The competent authorities of the United Kingdom may decide not to collect fees or charges for the official controls on the retail goods referred to in paragraph 1.
Specific rules for consignments of retail goods referred to in Article 3, points (c) and (d)
1. The entry into Northern Ireland from other parts of the United Kingdom and the placing on the market in Northern Ireland of consignments of retail goods referred to in Article 3, points (c) and (d), shall be subject to specific rules on special rates of official controls and a general certificate only where all of the following conditions are fulfilled: (a) the retail goods are prepacked and bear a marking where required in accordance with Article 6; (b) the retail goods comply with one of the following: (i) they originate in parts of the United Kingdom other than Northern Ireland; (ii) they come from a Member State; (iii) they are rest-of-the-world retail goods consisting of commodities not subject to the animal health or plant health rules referred to in Article 1(2), points (d), (e) and (g), of Regulation (EU) 2017/625 or the rules relating to fishery products laid down in Regulation (EC) No 1005/2008; (c) the retail goods are only to be placed on the market in Northern Ireland for final consumers; (d) the retail goods are dispatched from listed establishments in parts of the United Kingdom other than Northern Ireland and received by listed establishments in Northern Ireland; (e) the retail goods are presented for official controls at the SPS Inspection Facilities of first arrival in Northern Ireland in accordance with Regulation (EU) 2017/625; (f) written guarantees have been provided by the United Kingdom on the following: (i) that effective official controls on consignments of retail goods at SPS Inspection Facilities of first arrival in Northern Ireland that comply with the requirements set out in Annex II to this Regulation are carried out in accordance with Regulation (EU) 2017/625; and (ii) that official controls, evidenced through a control plan, and monitoring in accordance with the requirements set out in Part 1 of Annex III to this Regulation are carried out covering the movements of those retail goods from the SPS Inspection Facilities of first arrival in Northern Ireland to the listed establishments of destination to ensure that those consignments are solely intended for retail sale at establishments in Northern Ireland and will not be subsequently moved to a Member State; those written guarantees thereby provide assurance to the Union that the special rates of official controls and the general certificate do not increase the risks to public health in the internal market, and do not adversely affect the level of consumer protection in the internal market or its integrity; (g) the retail goods are accompanied by a general certificate which complies with the model laid down in an implementing act adopted in accordance with Article 4(3); (h) the Commission has adopted an implementing act in accordance with Article 4(3) and has not taken measures in accordance with Article 4(4) and paragraph 2 of this Article or in accordance with Article 14. 2. The Commission shall monitor the application by the United Kingdom of the conditions referred to in paragraph 1 for the entry into Northern Ireland from other parts of the United Kingdom of those consignments and their placing on the market in Northern Ireland. Where there is evidence, such as a Union inspection report, an audit, or a notification under IMSOC or OFIS, that the United Kingdom does not take appropriate measures to tackle serious or repeated infringements of the conditions referred to in paragraph 1, points (a) to (g), of this Article, the Commission shall, after having duly informed and consulted with the United Kingdom, adopt an implementing act laying down appropriate special conditions and measures, or amending the implementing act adopted in accordance with Article 4(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2) and (3). 3. The competent authorities of the United Kingdom may decide not to collect fees or charges for the official controls on the retail goods referred to in paragraph 1.
Marking of retail goods
1. Retail goods shall be marked in accordance with the following requirements: (a) from 1 October 2023, all retail goods shall be marked in accordance with the requirements set out in points 2 and 3 of Annex IV, except for the following retail goods which shall bear an individual marking in accordance with point 1 of Annex IV: (i) prepacked meat, prepacked meat products and meat packed on sales premises; (ii) prepacked milk, prepacked dairy products and dairy products packed on sales premises listed in Part 1 of Annex V; (b) from 1 October 2024, all milk and dairy products shall bear an individual marking in accordance with point 1 of Annex IV; (c) from 1 July 2025, all retail goods shall bear an individual marking in accordance with the requirements set out in point 1 of Annex IV, except for the retail goods listed in Part 2 of Annex V, which shall be marked in accordance with the requirements set out in points 2 and 3 of Annex IV. 2. By way of derogation from paragraph 1: (a) individual goods sold loose or by weight on the sales premises at the consumer’s request, including individual goods processed and sold on the sales premises by a retailer for direct consumption by the consumer, shall be marked in accordance with the requirements set out in points 2 and 3 of Annex IV; (b) individual goods offered by a catering operator, at factory canteens, by institutional catering, by restaurants and by other similar food service operators for direct consumption on the spot shall not be required to bear a marking. 3. The Commission is empowered to adopt delegated acts in accordance with Articles 16 and 17 in order to amend Annex IV by adapting the marking requirements in response to technical or operational developments. 4. The Commission shall monitor whether all retail goods are marked in accordance with paragraph 1. Where there is evidence, such as a Union inspection report, an audit, or a notification under IMSOC or OFIS, or data on trade volumes of wine products, that retail goods do not comply with the requirements laid down in this Article or are found on the market in a Member State, the Commission may amend Annexes IV and V by means of a delegated act adopted in accordance with Articles 16 and 17. 5. The Commission is empowered to adopt delegated acts in accordance with Articles 16 and 17 to amend the list of retail goods set out in Part 2 of Annex V in accordance with the following criteria: (a) a retail good shall be added to that list where the individual marking of that retail good is not required as official controls are no longer required at border control posts in accordance with Regulation (EU) 2017/625; (b) a retail good shall be removed from that list where the individual marking is required for the purposes of Articles 4 and 5 of this Regulation, or where official controls are required at border controls posts in accordance with Regulation (EU) 2017/625. 6. Where the Commission assesses in accordance with Article 9(1) and (3) that the relevant public health and consumer information rules laid down in the Union acts or parts thereof listed and indicated with an asterisk in Annex I apply under the national law of the United Kingdom, it may adopt a delegated act in accordance with Article 16 to amend Annex V by adding categories of retail goods authorised to be marked in accordance with the requirements set out in points 2 and 3 of Annex IV. Where the United Kingdom has not informed the Commission that a Union act or an amendment to a Union act applies under its national law and provided evidence thereof in accordance with Article 9(5), the Commission shall adopt a delegated act in accordance with Articles 16 and 17 to amend Annex V by removing the categories of retail goods concerned.
Monitoring of retail goods
1. The competent authorities of the United Kingdom shall monitor the consignments of retail goods entering into Northern Ireland from other parts of the United Kingdom in accordance with the monitoring requirements set out in Part 1 of Annex III. 2. The Commission is empowered to adopt delegated acts in accordance with Articles 16 and 17 to amend Part 1 of Annex III by adapting the monitoring requirements to technical or operational developments for the purposes of monitoring the consignments of retail goods.
Listing of establishments for the purpose of the dispatch of consignments of retail goods to Northern Ireland from other parts of the United Kingdom and their reception in Northern Ireland
1. Consignments of retail goods shall be dispatched from establishments in parts of the United Kingdom other than Northern Ireland and received by establishments in Northern Ireland listed respectively for that purpose by the competent authorities of the United Kingdom in accordance with the requirements for the listing of establishments set out in Part 2 of Annex III. 2. The Commission is empowered to adopt delegated acts in accordance with Articles 16 and 17 to amend Part 2 of Annex III by adapting the requirements for the listing of establishments to technical or operational developments for the purposes of Articles 4 and 5.
Specific rules for consignments of rest-of-the-world retail goods
1. Rest-of-the-world retail goods which consist of commodities of animal or plant origin or composite products subject to the animal health or plant health rules referred to in Article 1(2), points (d), (e) and (g), of Regulation (EU) 2017/625 may enter into Northern Ireland from other parts of the United Kingdom and be placed on the market in Northern Ireland in accordance with Article 4 of this Regulation only in the event that: (a) the United Kingdom decides to comply with the following requirements, and as a result provides written evidence that: (i) the import conditions and official controls requirements provided for in Regulations (EC) No 1069/2009, (EU) 2016/429, (EU) 2016/2031 and (EU) 2017/625 and in the Commission acts adopted pursuant to those Regulations apply to those commodities under the national law of the United Kingdom; and (ii) the import conditions and official controls requirements referred to in point (a)(i) are effectively implemented by the United Kingdom; (b) those commodities are listed in an implementing act adopted in accordance with paragraph 4. 2. Without prejudice to paragraph 1 of this Article, fishery products caught by a vessel flying the flag of a third country other than the United Kingdom and imported into parts of the United Kingdom other than Northern Ireland may enter into Northern Ireland from other parts of the United Kingdom as retail goods, and be placed on the market in Northern Ireland in accordance with Article 4, only in the event that: (a) the United Kingdom decides to comply with the following requirements, and as a result provides written evidence that: (i) import conditions, official controls and verification requirements apply under the national law of the United Kingdom, thereby ensuring that fishery products obtained from illegal, unreported and unregulated fishing as defined in Article 2 of Regulation (EC) No 1005/2008 and in Union acts adopted pursuant to that Regulation are not imported into the United Kingdom; (ii) the import conditions, official controls and verification requirements referred to in point (i) are effectively implemented by the United Kingdom; (b) the flag State of the fishing vessel concerned is listed in an implementing act adopted in accordance with paragraph 4. When the United Kingdom intends to introduce new measures or amend existing measures relevant to the import conditions, official controls and verification requirements referred to in point (a)(i) of this paragraph, it shall inform the Commission without delay and provide information concerning the content of such measures before the date of application of those measures in its national law. When the Union intends to introduce new measures with regard to a flag State which have an impact on an implementing act adopted pursuant to paragraph 4 of this Article, it shall inform the United Kingdom without delay and provide information concerning the content of the new measures before the date of application of those measures. 3. To assess the effective implementation of the import conditions, official controls and verification requirements referred to in paragraphs 1 and 2, as applicable, the Commission may carry out audits and verification procedures in the United Kingdom, which may include the following: (a) an assessment of all or part of the total control plan of the competent authorities of the United Kingdom, including, where appropriate, reviews of the inspections and audit programmes; (b) an assessment as to whether the import conditions, official controls and verification requirements referred to in paragraphs 1 and 2 are effectively implemented as part of the national law of the United Kingdom; (c) on-the-spot verification. The Commission shall report on the findings of each audit performed and make the report available to Member States and to the United Kingdom. 4. Where the Commission has received the written evidence referred to in paragraphs 1 and 2, the Commission may, by means of implementing acts, adopt measures listing: (a) the commodities of animal or plant origin or composite products and their third countries of origin that may enter into Northern Ireland as retail goods from other parts of the United Kingdom, and be placed on the market in Northern Ireland; (b) the flag States referred to in paragraph 2, point (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2). 5. When the Commission prepares Union acts referred to in paragraph 1, point (a)(i), or amendments to such acts, it shall inform the United Kingdom and shall provide it with information relevant thereto. The United Kingdom shall inform the Commission at the latest 15 days before the date of application of the Union acts or amendments referred to in the first subparagraph if the import conditions, official controls and verification requirements laid down in those Union acts or amendments apply as part of its national law at the date of application of those Union acts or amendments and provide evidence thereof. In the case of Union acts or amendments that are immediately applicable, the Commission shall inform the United Kingdom as soon as possible of those acts or amendments. The United Kingdom shall inform the Commission no later than three days before the date of entry into force of those acts or amendments if the import conditions, official controls and verification requirements apply as part of its national law. Where the United Kingdom has not informed the Commission that a Union act or an amendment thereto applies under its national law and provided evidence thereof in accordance with the second and third subparagraphs of this paragraph, the Commission shall adopt an immediately applicable implementing act in accordance with the examination procedure referred to in Article 18(2) and (3) in order to remove the commodities concerned by the Union act or the amendment thereto which does not apply under the national law of the United Kingdom from the lists established in accordance with paragraph 4 of this Article. 6. The Commission shall monitor the application by the United Kingdom of the import conditions, official controls and verification requirements referred to in paragraphs 1 and 2, as applicable. Where there is evidence, such as a Commission assessment, a verification under paragraph 3, a Union inspection report, an audit or a notification under IMSOC, that the United Kingdom does not take appropriate measures to tackle serious or repeated infringements of the import conditions referred to in paragraphs 1 and 2, or does not effectively carry out the official controls or the verification requirements referred to in those paragraphs, or that the United Kingdom does not apply one of those import conditions, official controls or verification requirements under its national law, the Commission shall adopt an immediately applicable implementing act laying down appropriate measures, which may include the removal of certain commodities or third countries of origin or certain flag States from the lists established in accordance with paragraph 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2) and (3).
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