BAKGRUNN (fra europaparlaments- og rådsforordningen)

(1) The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the ‘Withdrawal Agreement’) was concluded on behalf of the Union by Council Decision (EU) 2020/135 and entered into force on 1 February 2020. The transition period referred to in Article 126 of the Withdrawal Agreement, during which Union law continued to apply to and in the United Kingdom, in accordance with Article 127 of the Withdrawal Agreement, ended on 31 December 2020.

(2) The Protocol on Ireland/Northern Ireland (the ‘Protocol’) forms an integral part of the Withdrawal Agreement.

(3) By virtue of the Protocol, certain provisions of Union law listed in Annex 2 thereto lay down rules applicable, in particular, to the entry into Northern Ireland from other parts of the United Kingdom of consignments of retail goods, of plants for planting, of tubers of Solanum tuberosum L. for planting (‘seed potatoes’), and of machinery and vehicles which have been operated for agricultural or forestry purposes, as well as non-commercial movements of pet animals into Northern Ireland.

(4) More specifically, certain provisions of Union law listed in Annex 2 to the Protocol lay down rules which apply to the entry into Northern Ireland from other parts of the United Kingdom of consignments of certain retail goods for the purpose of public health and consumer protection, including prohibitions on imports of certain products.

(5) Regulations (EC) No 1069/2009, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council lay down rules which apply to the entry into Northern Ireland from other parts of the United Kingdom of consignments of certain retail goods of animal or plant origin, of composite products, of plants for planting other than seed potatoes, of machinery and vehicles which have been operated for agricultural or forestry purposes, and of seed potatoes, for the purpose of protecting public, animal and plant health in the internal market, including requirements for individual official certificates, rates of official controls and prohibitions on imports of certain products.

(6) Regulation (EU) 2017/625 of the European Parliament and of the Council lays down rules for official controls on all consignments of goods entering the Union from third countries to ensure that they comply with the rules referred to in Article 1(2) thereof. In particular, Article 47 of that Regulation requires certain categories of goods to be subject to official controls at border control posts when entering the Union. In this case, by virtue of the Protocol, the rules laid down in Regulation (EU) 2017/625 apply to the entry into Northern Ireland from other parts of the United Kingdom of those consignments.

(7) Council Regulation (EC) No 1005/2008 prohibits the importation into the Union of fishery products obtained from illegal, unreported and unregulated fishing. To ensure the effectiveness of that prohibition, fishery products may only be imported into the Union provided that they are accompanied by a catch certificate and subject to appropriate checks and verifications.

(8) Regulation (EU) No 576/2013 of the European Parliament and of the Council lays down the animal health requirements applicable to the non-commercial movement of pet dogs, cats and ferrets into Northern Ireland from other parts of the United Kingdom, as well as rules for compliance checks and the requirement for an identification document, in the form of an animal health certificate, which is to be subject to a control at a traveller’s point of entry.

(9) It is appropriate to adopt specific rules which take into account the specific situation of Northern Ireland. In particular, it is appropriate to adopt specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of prepacked retail goods for final consumers, and of certain consignments of plants for planting other than seed potatoes, of machinery and vehicles which have been operated for agricultural or forestry purposes, and of seed potatoes for placing on the market and use in Northern Ireland, as well as non-commercial movements of pet dogs, cats and ferrets.

(10) The specific rules should take into account the responsibility of the United Kingdom to protect public health and consumers in Northern Ireland in respect of retail goods entering into Northern Ireland from other parts of the United Kingdom. It is therefore appropriate to lay down specific rules derogating from the rules laid down in certain provisions of Union law listed in Annex 2 to the Protocol and in an Annex to this Regulation, that are exclusively for the protection of public health and consumers, so as to ensure that those rules do not apply in respect of consignments of retail goods entering into Northern Ireland from other parts of the United Kingdom with a view to being placed on the market in Northern Ireland. Those provisions of Union law should continue, however, to fully apply to such retail goods directly imported into Northern Ireland from third countries other than the United Kingdom, and to their production and further processing in Northern Ireland, as they fall outside the scope of the specific rules laid down in this Regulation.

(11) It is appropriate to clarify that the provisions of Union law listed in Annex 2 to the Protocol other than those listed in an Annex to this Regulation apply with respect to consignments of retail goods entering into Northern Ireland from other parts of the United Kingdom, unless specific rules are laid down in this Regulation. Where specific rules of this Regulation apply, and there is an inconsistency between those specific rules and the provisions of Union law, those specific rules should take precedence.

(12) Furthermore, this Regulation lays down rules on written guarantees to be provided by the United Kingdom to ensure that the application of the specific rules laid down in this Regulation does not lead to an increased risk to animal or plant health on the island of Ireland, adversely affect the sanitary and phytosanitary (SPS) status of the island of Ireland, lead to an increased risk to public, animal or plant health in the internal market, lead to an increased risk that fishery products obtained from illegal, unreported or unregulated fishing are placed on the internal market, or adversely affect the level of consumer protection in the internal market or its integrity (‘written guarantees’).

(13) The specific rules should include special rates of official controls to be carried out on consignments of retail goods upon arrival at the SPS Inspection Facilities in Northern Ireland, as well as a requirement that such consignments be accompanied by a general certificate, once the United Kingdom has provided the written guarantees. Such specific rules should only apply once certain conditions are fulfilled, including compliance by those retail goods with Regulations (EC) No 1069/2009, (EU) 2016/429, (EU) 2016/2031 and (EU) 2017/625, a specific marking of the retail goods, and the listing of establishments for the dispatch and reception of those retail goods, as well as the construction of SPS Inspection Facilities in Northern Ireland in accordance with the time period laid down in this Regulation, and, in relation to fishery products, the respect of the notion of illegal, unreported and unregulated fishing as defined by the Union in its application of Regulation (EC) No 1005/2008, without imposing on the United Kingdom an obligation to apply the same certification requirements and related procedures as laid down in that Regulation.

(14) Furthermore, it is appropriate to lay down specific rules for the entry into Northern Ireland from other parts of the United Kingdom of consignments of retail goods consisting of food, other than products of animal or plant origin or composite products, and food contact material, so that such consignments are not subject to the same certification requirements as the consignments of retail goods of animal or plant origin or composite products.

(15) In cases falling within the scope of this Regulation, where official controls involving certification and checks on retail goods entering Northern Ireland from other parts of the United Kingdom are reduced, and where it is therefore necessary to ensure that those retail goods remain in Northern Ireland and to ensure, by providing information to consumers concerning those retail goods, that they do not undermine public health and consumer protection in the internal market or its integrity, it is appropriate that specific marking rules are in place. Those specific rules should ensure such information to consumers and the traceability of those retail goods. They should also provide for different requirements for markings at box, shelf and individual product levels. The application of those specific rules should recognise the need for appropriate timeframes for marking requirements that minimise burdens and difficulties for supply chains, as well as the importance of the continued movement of retail goods within the United Kingdom consistent with Northern Ireland’s position as part of the United Kingdom.

(16) It is appropriate to provide for bespoke mechanisms, for the sole purpose of allowing retail goods consisting of commodities from third countries other than the United Kingdom (‘rest-of-the-world retail goods’) of animal or plant origin, composite products and fishery products, to benefit from the specific rules laid down in this Regulation. First, in the case of rest-of-the-world retail goods of animal or plant origin or consisting of composite products, the appropriate mechanism would operate where the United Kingdom decides to adapt its rules within its internal legal order and in accordance with its constitutional requirements. To that end, it is necessary to lay down procedures concerning the adaptation of those rules, in the event that the United Kingdom decides to use that possibility, through a listing of commodities and their delisting mechanism, as well as other necessary safeguards. Where the United Kingdom decides to adapt its rules, it remains free to add more stringent conditions. Second, for fishery products, it is appropriate to take into account the rules of the United Kingdom which ensure that fishery products obtained from illegal, unreported and unregulated fishing are not imported into the United Kingdom.

(17) It is necessary that consignments of plants for planting other than seed potatoes, and of machinery and vehicles which have been operated for agricultural or forestry purposes before entering into Northern Ireland, and which are dispatched by professional operators in other parts of the United Kingdom for reception by professional operators in Northern Ireland or for immediate sale in the United Kingdom after their reception in Northern Ireland by professional operators do not present an unacceptable risk to plant health on the island of Ireland and for the internal market. Therefore, the entry of those consignments into Northern Ireland from other parts of the United Kingdom should be subject to specific rules in order to ensure that those consignments do not increase the risk to plant health on the island of Ireland, adversely affect the phytosanitary status of the island of Ireland or increase the risk to plant health in the internal market or affect its integrity.

(18) It is necessary that the entry into Northern Ireland from other parts of the United Kingdom of consignments of seed potatoes dispatched by professional operators in other parts of the United Kingdom for reception by professional operators in Northern Ireland or for immediate sale in the United Kingdom after their reception in Northern Ireland by professional operators do not present an unacceptable risk to plant health on the island of Ireland or for the internal market. Therefore, the entry of those consignments into Northern Ireland from other parts of the United Kingdom should be subject to certain specific rules in order to ensure that those consignments do not increase the risk to plant health on the island of Ireland, adversely affect the phytosanitary status of the island of Ireland or increase the risk to plant health in the internal market or affect its integrity.

(19) Due to the long history of the absence of rabies and the strict surveillance of Echinoccoccus multilocularis infection in the United Kingdom, as well as the stringent requirements on movements of dogs, cats and ferrets on and into its territory laid down in national law, the non-commercial movement of pet dogs, cats and ferrets entering into Northern Ireland from other parts of the United Kingdom should not increase the level of risk to animal health in Northern Ireland and on the island of Ireland, should not adversely affect the sanitary status of the island of Ireland, and should not increase the risk to public and animal health in the internal market, if such movements were subject to specific rules. Those specific rules should also include the provision of a simplified identification document and a written declaration by the owner or an authorised person that those animals will not be moved subsequently to a Member State. In addition, it is appropriate to provide that pet dogs, cats and ferrets from Northern Ireland which travel to other parts of the United Kingdom and then return directly to Northern Ireland should only be identified by a transponder.

(20) Furthermore, appropriate safeguards for the Union should be in place to ensure that the application of the specific rules laid down in this Regulation does not increase risks to animal or plant health on the island of Ireland, adversely affect the SPS status of the island of Ireland, increase the risk to public, animal and plant health in the internal market or increase the risk that fishery products originating from illegal, unreported or unregulated fishing are put on the internal market, or adversely affect the level of consumer protection in the internal market or its integrity.

(21) It is therefore appropriate to provide that the specific rules on consignments of retail goods, plants for planting other than seed potatoes, machinery and vehicles which have been operated for agricultural or forestry purposes, and seed potatoes, as well as the specific rules on the non-commercial movement of pet dogs, cats and ferrets, only start to apply where the Commission has received appropriate written guarantees from the United Kingdom and has examined whether the conditions for applying the specific rules have been fulfilled. In such an event, the Commission should be empowered to adopt implementing acts in order to lay down the operational rules necessary for the implementation of the specific rules, including the frequency of checks, model forms of certificates and plant health labels, and requirements for markings.

(22) It is appropriate to require the Commission to adopt implementing acts laying down safeguard measures to address specific problems arising in the context of the operation of the specific rules laid down in this Regulation where there is evidence that the United Kingdom does not take appropriate measures to tackle serious or repeated infringements of the conditions laid down in this Regulation.

(23) In order to adequately react to non-compliance with this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of suspending the application of some or all of the specific rules laid down in this Regulation where an essential precondition for the operation of those specific rules is not or is no longer fulfilled, such as the completion of the SPS Inspection Facilities, or in the case of systemic failure by the United Kingdom to comply with the specific rules laid down in this Regulation. In such an event, it is appropriate to provide for a formal information and consultation mechanism with clear time limits within which the Commission should act.

(24) Where the specific rules laid down in this Regulation on the entry of consignments of retail goods into Northern Ireland from other parts of the United Kingdom are suspended, the rules laid down in the provisions of Union law listed in Annex 2 to the Protocol and in an Annex to this Regulation should apply again to such consignments.

(25) In order to amend the Annexes to this Regulation, in particular, to adapt the list of Union acts or parts thereof the provisions of which the specific rules derogate from, to lay down further details regarding the operation of the specific rules concerning the SPS Inspection Facilities, the listing of establishments, the monitoring mechanisms, and the marking of retail goods in accordance with appropriate criteria, and in order to allow the Commission to take suspension measures in the case of the systemic failure of the United Kingdom to comply with the specific rules laid down in this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission.

(26) In order to ensure an effective and swift reaction to any increased risk to animal, plant or public health, this Regulation should provide for the possibility for the Commission to adopt delegated acts in accordance with an urgency procedure. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(27) In order to ensure uniform conditions for the implementation of this Regulation, in particular regarding the special rates of official controls and the general certificate, including its model form, the list of commodities of animal or plant origin or composite products originating in third countries that may be used for the production of retail goods to which the specific rules laid down in this Regulation should apply, the list of flag States of the vessels which catch fishery products to which the specific rules should apply, the model form of the plant health label for plants for planting other than seed potatoes, for machinery and vehicles which have been operated for agricultural or forestry purposes, and for seed potatoes, the information to be included in the pet travel document and appropriate special conditions and safeguard measures to address specific problems arising in the context of the operation of the specific rules laid down in this Regulation where there is evidence that the United Kingdom does not take appropriate measures to tackle serious or repeated infringements of the conditions laid down in this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

(28) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to the need to ensure an effective and quick reaction to an increased risk to animal, plant or public health or consumer protection, imperative grounds of urgency so require.

(29) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(30) It is appropriate to provide for a transitional period for the application of the specific rules laid down in this Regulation on marking requirements to retail goods which are already on the market,