The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023
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Change 1
12 Amendments 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 (determination of the frequency rate of physical checks and identity checks)— (a) for paragraph 1, substitute— 1. This regulation applies to plants, plant products or other objects of a description specified in Part A of Annex 11, or in Annex 12, to the Commission Regulation which— (a) originate in a country other than a relevant third country; (b) are goods of a kind specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020; or (c) are goods of a kind specified in Annex 7 to 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. . (b) in paragraph (2)— (i) at the beginning insert “Subject to paragraph (2A),”; (ii) after paragraph (2), insert— (2A) In respect of the goods listed in the Schedule, the frequency rates determined by the appropriate authority must be no lower than the rates of such checks in respect of corresponding goods being imported into Northern Ireland, notwithstanding the appropriate authority having regard to information of a kind specified in paragraph (4). ; (c) in paragraph (3), after “paragraph (2)”, insert “or paragraph (2A), as applicable”; (d) in paragraph (6), after “paragraph (2)”, insert “or paragraph (2A), as applicable”; (3) In regulation 4 (annual review and modification of the frequency rate of physical checks and identity checks), in paragraph (3), after “regulation 3(2)”, insert “or regulation 3(2A), as applicable”; (4) After regulation 6, insert— SCHEDULE List of goods Regulation 3 Description of plants | Country of origin Strawberries, fresh or chilled | Third countries other than an EU Member State and Switzerland Avocados, fresh or chilled | Third countries other than an EU Member State and Switzerland Blackberries, mulberries and loganberries, fresh or chilled | Third countries other than an EU Member State and Switzerland Raspberries, fresh or chilled | Third countries other than an EU Member State and Switzerland Table grapes, fresh or chilled | Third countries other than an EU Member State and Switzerland Apples, fresh or chilled but excluding cider apples, in bulk from 16 September to 15 December | Third countries other than an EU Member State and Switzerland Pears, fresh or chilled but excluding perry pears in bulk, from 01 August to 31 December | Third countries other than an EU Member State and Switzerland Fruits of the species Vaccinium macrocarpon and Vaccinium corymbosum, fresh or chilled | Third countries other than an EU Member State and Switzerland Fruits of species Vaccinium myrtillus, fresh or chilled | Third countries other than an EU Member State and Switzerland Fruits of the genus Capsicum or of the genus Pimenta (Solanaceae), fresh or chilled, but excluding fruits of the genus Capsicum for the manufacture of capsicin or capsicum oleoresin dyes, or for the industrial manufacture of essential oils or resinoids | Third countries other than an EU Member State and Switzerland Sweet potatoes, fresh, whole, intended for human consumption | Third countries other than an EU Member State and Switzerland Ginger, fresh or chilled, other than dried | Third countries other than an EU Member State and Switzerland Tomatoes, fresh or chilled | Third countries other than an EU Member State and Switzerland Asparagus, fresh or chilled | Third countries other than an EU Member State and Switzerland Sweetcorn, fresh or chilled | Third countries other than an EU Member State and Switzerland. .
12 Amendments 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 (determination of the frequency rate of physical checks and identity checks)— (a) for paragraph 1, substitute— 1. This regulation applies to plants, plant products or other objects of a description specified in Part A of Annex 11, or in Annex 12, to the Commission Regulation which— (a) originate in a country other than a relevant third country; (b) are goods of a kind specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020; or (c) are goods of a kind specified in Annex 7 to 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. . (b) in paragraph (2)— (i) at the beginning insert “Subject to paragraph (2A),”; (ii) after paragraph (2), insert— (2A) In respect of the goods listed in the Schedule, the frequency rates determined by the appropriate authority must be no lower than the rates of such checks in respect of corresponding goods being imported into Northern Ireland, notwithstanding the appropriate authority having regard to information of a kind specified in paragraph (4). ; (c) in paragraph (3), after “paragraph (2)”, insert “or paragraph (2A), as applicable”; (d) in paragraph (6), after “paragraph (2)”, insert “or paragraph (2A), as applicable”; (3) In regulation 4 (annual review and modification of the frequency rate of physical checks and identity checks), in paragraph (3), after “regulation 3(2)”, insert “or regulation 3(2A), as applicable”; (4) After regulation 6, insert— SCHEDULE List of goods Regulation 3 Description of plants | Country of origin Strawberries, fresh or chilled | Third countries other than an EU Member State and Switzerland Avocados, fresh or chilled | Third countries other than an EU Member State and Switzerland Blackberries, mulberries and loganberries, fresh or chilled | Third countries other than an EU Member State and Switzerland Raspberries, fresh or chilled | Third countries other than an EU Member State and Switzerland Table grapes, fresh or chilled | Third countries other than an EU Member State and Switzerland Apples, fresh or chilled but excluding cider apples, in bulk from 16 September to 15 December | Third countries other than an EU Member State and Switzerland Pears, fresh or chilled but excluding perry pears in bulk, from 01 August to 31 December | Third countries other than an EU Member State and Switzerland Fruits of the species Vaccinium macrocarpon and Vaccinium corymbosum, fresh or chilled | Third countries other than an EU Member State and Switzerland Fruits of species Vaccinium myrtillus, fresh or chilled | Third countries other than an EU Member State and Switzerland Fruits of the genus Capsicum or of the genus Pimenta (Solanaceae), fresh or chilled, but excluding fruits of the genus Capsicum for the manufacture of capsicin or capsicum oleoresin dyes, or for the industrial manufacture of essential oils or resinoids | Third countries other than an EU Member State and Switzerland Sweet potatoes, fresh, whole, intended for human consumption | Third countries other than an EU Member State and Switzerland Ginger, fresh or chilled, other than dried | Third countries other than an EU Member State and Switzerland Tomatoes, fresh or chilled | Third countries other than an EU Member State and Switzerland Asparagus, fresh or chilled | Third countries other than an EU Member State and Switzerland Sweetcorn, fresh or chilled | Third countries other than an EU Member State and Switzerland. .
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