Explanatory Memorandum to COM(2023)124 - Specific rules on the entry into Northern Ireland from other parts of the UK of certain consignments of retail goods, plants, seeds, agricultural machinery and pet animals - Main contents
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| dossier | COM(2023)124 - Specific rules on the entry into Northern Ireland from other parts of the UK of certain consignments of retail goods, ... |
|---|---|
| source | COM(2023)124  |
| date | 27-02-2023 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
In accordance with 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), and in particular Article 5 i of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, Regulations (EC) Nos 1005/2008 1 and 1069/2009 2 , (EU) No 576/2013 3 , (EU) 2016/429 4 , (EU) 2016/2031 5 and (EU) 2017/625 6 of the European Parliament and of the Council, and 67 other Regulations and Directives of the European Parliament and of the Council aiming at the protection of public health and consumers 7 as well as the Commission acts based on them, apply to and in the United Kingdom in respect of Northern Ireland after the end of the transition period provided for in the Withdrawal Agreement.
Accordingly, the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of products of animal or plant origin, ready-to-sell pet food and dog chews, composite products, plants other than plants intended for planting, plants for planting, machinery and vehicles which have been operated for agricultural or forestry purposes and seed potatoes, as well as non-commercial movements of pet dogs, cats and ferrets (pet animals), falling within the scope of the abovementioned acts are subject to the official controls and certification requirements or prohibited from entry into Northern Ireland from other parts of the United Kingdom.
The United Kingdom and certain stakeholders based in the United Kingdom have voiced serious concerns that the Withdrawal Agreement imposes a disproportionately high administrative burden on the entry into Northern Ireland from other parts of the United Kingdom of certain goods subject to sanitary and phytosanitary (SPS) measures where the goods are destined for final consumers in Northern Ireland so that it undermines unnecessarily the place of Northern Ireland within the United Kingdom’s internal market. The United Kingdom has advised the Commission that those problems concern consignments of retail products of animal or plant origin, ready-to-sell pet food and dog chews, composite products and plants other than plants intended for planting, falling within the scope of Regulations (EC) Nos 1005/2008 and 1069/2009, (EU) 2016/429, (EU) 2016/2031 and (EU) 2017/625 (retail goods), as well as the non-commercial movement of pet animals, and consignments of plants for planting, and machinery and vehicles which have been operated for agricultural or forestry purposes falling within the scope of Regulations (EU) No 576/2013 and (EU) 2016/2031 respectively. In addition, the United Kingdom has advised the Commission that the entry into Northern Ireland of seed potatoes from other parts of the United Kingdom would entail a low risk to the pest status of the island of Ireland. Finally, the United Kingdom accepts that it bears the responsibility for protecting public health and consumers in Northern Ireland.
On this basis, the Commission and the United Kingdom have agreed a comprehensive set of joint solutions to address everyday issues of all communities in Northern Ireland, which protect the integrity of both the Union’s and the United Kingdom’s internal markets.
This series of practical and sustainable measures marks a new way forward to implement the Protocol to ensure legal clarity, predictability and prosperity for the people and businesses in Northern Ireland. It strikes the right balance between facilitation on one hand and safeguards on the other.
This Proposal reflects the joint solutions on food, plants, seeds and pet animals’ issues regarding Northern Ireland found by the Commission and the United Kingdom where the food is consumed in Northern Ireland, the plants and seeds are used in Northern Ireland and the pets stay in Northern Ireland. It lays down specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, machinery and vehicles, which have been operated for agricultural or forestry purposes, seed potatoes, as well as non-commercial movements of pet animals. The new rules mean:
●a drastic simplification of the requirements and procedures for the entry into Northern Ireland from other parts of the United Kingdom of certain retail goods subject to SPS Union acts destined for final consumers in Northern Ireland, with safeguards guaranteeing the protection of animal or plant health on the island of Ireland, of animal, public or plant health, and of the consumers in the Union’s internal market and the latter’s integrity; a new solution for the entry into Northern Ireland from other parts of the United Kingdom of valued products including seed potatoes, plants for planting and machinery and vehicles which have been operated for agricultural or forestry purposes, under specific conditions guaranteeing that plant health is protected in the Union.
●the United Kingdom’s public health and consumer protection standards can apply to those retail goods moved by authorised operators to Northern Ireland from other parts of the United Kingdom and consumed in Northern Ireland, with adequate markings and under appropriate safety conditions.
●non-commercial movement of pet animals accompanying persons travelling to Northern Ireland from other parts of the United Kingdom and staying in Northern Ireland would be able to move with simplified travel documentation.
• Consistency with existing policy provisions in the policy area
This proposal complements the existing comprehensive Union legislative framework concerning food and feed, plant health, non-commercial movements of pets and the prohibition of imports into the Union of fishery products obtained from illegal, unreported and unregulated fishing, by laying down specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland.
• Consistency with other Union policies
This proposal does not affect other Union policies. Therefore, the assessment of the consistency with other Union policies is not considered necessary.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 43(2), Article 114, and Article 168 i, point (b), of the Treaty on the Functioning of the European Union.
• Subsidiarity (for non-exclusive competence)
This Proposal provides for specific rules for the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes and machinery and vehicles which have been operated for agricultural or forestry purposes as well as non-commercial movements of pet animals, and this can only be achieved by adopting a new Regulation of the European Parliament and of the Council.
• Proportionality
This Proposal lays down a comprehensive framework of conditions, specific rules and safeguards. It provides that certain Union acts do not apply to the entry of certain retail goods into Northern Ireland from other parts of the United Kingdom and lays down specific rules for the controls and other requirements applicable to those retail goods as well as plants for planting, seed potatoes and machinery and vehicles which have been operated for agricultural or forestry purposes. It empowers the Commission to adopt the necessary implementing acts for the specific rules for official controls and simplified certification requirements to apply once the United Kingdom has offered certain guarantees and complied with certain conditions. The act also provides for a number of safeguard mechanisms to adequately protect the SPS status of the island of Ireland, public, animal and plant health in the internal market and its integrity.
• Choice of the instrument
As the initiative concerns the adoption of specific rules in an area to which several Union acts apply, a proposal for a Regulation of the European Parliament and of the Council is considered to be the appropriate instrument.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
• Stakeholder consultations
This initiative is proposed following bilateral discussions with the United Kingdom and industry associations and other relevant stakeholders. No open public consultation will be carried out.
• Collection and use of expertise
• Impact assessment
The proposal is exempted from the impact assessment due to the urgency of the situation.
• Regulatory fitness and simplification
• Fundamental rights
The proposed Regulation contributes to achieving a high level of human health protection as set out in Article 35 of the Charter of Fundamental Rights of the European Union by ensuring appropriate official controls.
4. BUDGETARY IMPLICATIONS
There are no budgetary implications.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
• Explanatory documents (for directives)
• Detailed explanation of the specific provisions of the proposal
Not applicable