The Windsor Framework (Retail Movement Scheme: Plant and Animal Health) (Amendment etc.) Regulations 2024

• Citation: S.I. 2024/853
• Sections: 12

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Windsor Framework (Retail Movement Scheme: Plant and Animal Health) (Amendment etc.) Regulations 2024.

(2) These Regulations come into force—

(a) for the purposes of regulation 3, on 26th April 2025;

(b) for all other purposes, on 2nd September 2024.

(3) These Regulations extend to England and Wales and Scotland.

Section 2 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

(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 7 (goods exempt from the application of Annex 6), at the end of the table, insert—

Section 3 Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants

(1) Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants is amended as follows.

(2) In Annex 7, in Part A (plants, plant products and other objects originating in third countries which may only be introduced into Great Britain if special requirements are met)—

(a) in the table, after entry 65, insert—

The plants must be accompanied by:

(a) an official statement:

(i) that the plants originate in an area* in which non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld are known not to occur, and

(ii) that prior to export, they were inspected and found free from non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld, or

(b) an official statement:

(i) that no signs of non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld have been observed on the plants at the place of production during official inspections, which included laboratory testing of any suspicious symptoms carried out since the beginning of the last complete cycle of vegetation, and

(ii) that prior to export, they were inspected and found free from non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld.

(b) in the table, in entry 94—

(i) in column (1), after “Fruits of Capsicum (L.)”, insert “and cut flowers of Rosa L” ;

(ii) in column (3), for “The fruits” substitute “The cut flowers and the fruits” .

Section 4 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 the Schedule, at the end of the table, insert—

Section 5 Interpretation

In these Regulations—

“ Animal Health Law ” means Regulation (EU) 2016/429 of the European Parliament and of the Council on transmissible animal diseases , as it had effect on the day before these Regulations were made;

“ appropriate authority ” has the meaning given in Article 3(2A) to (2C) 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 ;

“ establishment ” means any unit of a food business;

“ implementing and delegated acts ” means any implementing or delegated acts adopted in whole or in part under the Animal Health Law, as they had effect on the day before these Regulations were made;

“ poultry ” has the meaning given in point 1.3 of Annex 1 to Regulation 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin ;

“ poultry meat ” means meat which comes from the edible parts of poultry;

“ poultry meat products ” means processed products resulting from the processing of poultry meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat.

Section 6 Incorporation of certain Animal Health Law requirements

(1) The relevant provisions, subject to the modifications in Chapter 2 of this Part of the Regulations, form part of the domestic law of Great Britain in relation to the entry into Great Britain of poultry meat products from—

(a) China; or

(b) Thailand.

(2) Subject to paragraph (3), in these Regulations, the “relevant provisions” are the following provisions, to the extent that they relate to poultry meat products—

(a) Article 229(1)(a), (c) and (d) of the Animal Health Law (which impose entry conditions regarding animal health);

(b) all other provisions of the Animal Health Law which relate to the entry conditions referenced in paragraph (2)(a); and

(c) any provisions in any implementing and delegated acts which relate to the entry conditions referenced in paragraph (2)(a), which acts include—

(i) Commission Implementing Regulation (EU) 2020/2235 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates , and

(ii) Commission Delegated Regulation (EU) 2020/692 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin .

(3) The relevant provisions do not include any provision in any instrument referred to in paragraph (2) which primarily relates to public health or hygiene.

Section 7 Disapplication of provisions

For such time as regulation 6 continues to have effect the provisions in Commission Decision 2007/777/EC laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries which relate to the same or equivalent matters as the relevant provisions, and any other provisions in assimilated law or subordinate legislation which relate to such matters, do not apply to the entry into Great Britain of poultry meat products from—

(a) China; or

(b) Thailand.

Section 8 Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods

Article 11 of Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods (model official certificates for entry into Great Britain for placing on the market of certain meat products, etc.) is amended as follows—

(a) at the end of the first sentence, insert “, except in relation to poultry meat products from China and Thailand, in which case the model certificate which must be used is the corresponding revised GB model certificate pursuant to regulation 10 of the Windsor Framework (Retail Movement Scheme: Plant and Animal Health) (Amendment etc.) Regulations 2024” ;

(b) in the second sentence, for “However, in” substitute “In” .

Section 9 Interpretation of the relevant provisions of the Animal Health Law etc.

(1) The relevant provisions are to be interpreted in accordance with paragraph (2) and regulation 10(3), and with such further modifications as are necessary to ensure they operate effectively in relation to the entry into Great Britain of poultry meat products from—

(a) China; or

(b) Thailand.

(2) In the relevant provisions, unless the context requires otherwise—

(a) references to “the Union” are to be read as references to “Great Britain”;

(b) references to “the Member States” and “the Member State” and “a Member State” are to be read as references to “Great Britain”;

(c) references to “the central veterinary authority” are to be read as a reference to the appropriate authority or to any authority designated by the appropriate authority (subject to that designation having been amended or revoked).

Section 10 Model certificates

(1) In this regulation “ the revised GB model certificate ” means one of the following certificates published from time to time by the appropriate authority—

(a) for poultry meat products from China, the model certificate named GBHC901 Model MPST-CN, which corresponds to model certificate MPST;

(b) for poultry meat products from Thailand—

(i) the model certificate named GBHC902 Model MPNT-TH, which corresponds to model certificate MPNT;

(ii) the model certificate named GBHC903 Model MPST-TH, which corresponds to model certificate MPST.

(2) The appropriate authority must publish a revised GB model certificate corresponding to each of model certificates MPST in respect of China and MPNT and MPST in respect of Thailand and must ensure that those certificates contain—

(a) an animal health attestation section which requires compliance with the same provisions in relation to poultry meat products as are required under the animal health attestation section in Part II.2 of model certificates MPNT and MPST, as annexed to Commission Implementing Regulation (EU) 2020/2235 ; and

(b) a public health attestation section which requires compliance with the same provisions in relation to poultry meat products as are required in the model animal and public health certificate published by the appropriate authority from time to time in accordance with Article 4(b) of Decision 2007/777/EC .

(3) References to model certificates MPNT and MPST, animal health certificates or model certificates in Commission Implementing Regulation (EU) 2020/2235 or elsewhere in the relevant provisions are to be read as references to the corresponding revised GB model certificate.

Section 11 Additional requirement for products subject to a risk-mitigating treatment

Where a poultry meat product is required to undergo a risk-mitigating treatment under Article 149 of Commission Delegated Regulation (EU) 2020/692 (meat products subject to a risk-mitigating treatment), it may only enter Great Britain from—

(a) China; or

(b) Thailand,

if it originates from an establishment in China or Thailand respectively which appears on the list of establishments approved for the entry of meat products into the European Union that is made publicly available by the European Commission from time to time .

Section 12 Transitional provision

For a period of three months beginning on the day after Part 3 enters into force, nothing in Part 3 prevents the entry into Great Britain of poultry meat products from—

(a) China; or

(b) Thailand,

if the products would have met the requirements for entry into Great Britain that applied immediately before Part 3 entered into force.