Official Controls Regulation (OCR)

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 official 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 in Annex A.

• 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)

Most food law operating in the UK is derived from EU law. Following the end of the Implementation Period, these EU Food regulations have been retained as part of our domestic food law and have effect in domestic law immediately before exit day. 

Therefore from 1 January 2021 any references to EU Regulations should be read as referring to retained EU law which is published on legislation.gov.uk. 

Published tertiary legislation can be found at:

• Commission Implementing Regulation (EU) 2018/329 designating a European Union Reference Centre for Animal Welfare
• Commission Delegated Regulation (EU) 2018/631 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by establishing European Union reference laboratories for pests of plants
• Commission Implementing Regulation (EU) 2019/66 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods
• Commission Delegated Regulation (EU) 2019/478 amending Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the categories of consignments to be subjected to official controls at border control posts
• Commission Implementing Regulation (EU) 2019/530 designating European Union reference laboratories for pests of plants on insects and mites, nematodes, bacteria, fungi and oomycetes, viruses, viroids, and phytoplasmas
• Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council
• Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption
• Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption, amending Implementing Regulation (EU) 2016/759 as regards these lists
• Commission Implementing Regulation (EU) 2019/627 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No 2074/2005 as regards official controls
• Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods and amending Regulation (EC) No 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificates
• Commission Implementing Regulation (EU) 2019/723 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the standard model form to be used in the annual reports submitted by Member States
• Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts
• Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union
• Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points
• Commission Delegated Regulation (EU) 2019/1081 establishing rules on specific training requirements for staff for performing certain physical checks at border control posts
• Commission Delegated Regulation (EU) 2019/1602 concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination
• Commission Delegated Regulation (EU) 2019/1666 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Union
• Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components
• Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175,(EU) 2017/186 and (EU) 2018/1660
• Commission Implementing Regulation (EU) 2019/1873 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products
• Commission Implementing Regulation (EU) 2019/2007 laying down rules for the application of Regulation (EU) 2017/625 as regards the lists of animals, products of animal origin, germinal products, animal by- products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC
• Commission Delegated Regulation (EU) 2019/2074 supplementing Regulation (EU) 2017/625 as regards rules on specific official controls on consignments of certain animals and goods originating from, and returning to the Union following a refusal of entry by a third country
• Commission Delegated Regulation (EU) 2019/2090 supplementing Regulation (EU) 2017/625 regarding cases of suspected or established non-compliance with Union rules applicable to the use or residues of pharmacologically active substances authorised in veterinary medicinal products or as feed additives or with Union rules applicable to the use or residues of prohibited or unauthorised pharmacologically active substances
• Commission Delegated Regulation (EU) 2019/2122 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market and amending Commission Regulation (EU) No 142/2011 (Text with EEA relevance)