The Official Controls Regulation (OCR) – Regulation (EU) 2017/625 , came fully into force across the EU on 14 December 2019 and was retained in domestic law in Great Britain when the UK left the EU and EU law no longer applied. As a result the legal framework for official controls in the UK remains similar to that which currently applies in the EU. Differences are beginning to emerge however particularly in relation to how imports are treated at respective borders.
The legislation cuts across all aspects of the agri-food chain, such as import controls and laboratories, as well as different commodities, such as live animals, plants, food and feed of animal origin and food and feed of non-animal origin.
The OCR contains empowerments which allows Ministers across GB to make changes to the legal framework. These powers were previously held by the EU Commission and as a result there are a number of items of tertiary legislation made using OCR powers which set out in detail how officicial controls should be delivered. For example, Delegated Regulation (EU) 2019/624 and Implementing Regulation (EU) 2019/627, made under Article 18 of Regulation (EU) 2017/625, set out the specific rules on official controls on products of animal origin (POAO). A list of published tertiary legislation can be found through reading Annex A.
Key elements of the OCR
- defines ‘other official activities’. For example, enforcement measures and/or remedial actions following non-compliance; management of lists of registered/approved food and feed business operators or the issuance of official certificates (Article 2)
- clarifying that CAs are required to carry out regular, risk-based official controls, directed at identifying fraudulent and deceptive practices (Article 9)
- providing for greater transparency and accountability by CAs through the publication of information about the organisation and performance of official controls (Article 11);
- requiring CAs to provide FBOs with copies of reports where non-compliance has been detected as well as where compliance has been achieved (Article 13)
- regulates the delegation by CAs of tasks relating to ‘other official activities’ and the conditions to be met for delegating, with the exception of enforcement measures and/or remedial actions following non-compliance (Articles 28 – 33)
- clarifying that sampling of animals and goods ordered on-line by the CA without identifying themselves can be validly used for the purposes of an official control. CAs must inform the food or feed business operator that such a sample has been taken and, where appropriate, is being analysed in the context of an official control (Articles 35 and 36)
- introducing harmonised rules for official controls at borders across the different commodities (Articles 47 - 55) - to note these are subject to ongoing change further to the Border Target Operating Model (BTOM) which was agreed by UK and devolved governments.
- amalgamating existing entry documents (Articles 56 – 58)
- Sets out requirements for Border Control Posts (BCPs) (Article 61 and 65)
