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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2023/1231 of the European Parliament and of the Council of 14 June 2023 on 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 Irelandnote, and in particular Article 9(4), point (a), thereof,Whereas:
(1)Regulation (EU) 2023/1231 lays down specific rules relating to, inter alia, the entry into Northern Ireland from other parts of the United Kingdom of consignments of certain retail goods for placing on the market in Northern Ireland for the final consumer, including specific rules for consignments of rest-of-the-world retail goods.
(2)More specifically, Article 9(1), point (a), of Regulation (EU) 2023/1231 provides that rest-of-the-world retail goods consisting of commodities of animal or plant origin or composite products subject to the animal health and plant health rules referred to in Article 1(2), points (d), (e) and (g), of Regulation (EU) 2017/625 of the European Parliament and of the Councilnote (‘the rest-of-the-world commodities’) may enter into Northern Ireland from other parts of the United Kingdom and be placed on the market in Northern Ireland in accordance with Article 4 of Regulation (EU) 2023/1231 only if the United Kingdom provides written evidence that the import conditions and official controls requirements provided for in Regulations (EC) No 1069/2009note, (EU) 2016/429note and (EU) 2016/2031note of the European Parliament and of the Council, in Regulation (EU) 2017/625, and in the Commission acts adopted pursuant to those Regulations apply to the rest-of-the-world commodities under the national law of the United Kingdom, and those import conditions and official controls requirements are effectively implemented by the United Kingdom.
(3)Commission Implementing Regulation (EU) 2023/2059note establishes the list of rest-of-the-world commodities, which currently lists goods of animal origin, in the Annex to that Implementing Regulation.
(4)By letters dated 4 and 7 September and 1 October 2023, the United Kingdom provides the written evidence that the import conditions and official controls requirements laid down in Regulation (EU) 2016/2031 and related to certain goods of non-animal origin from certain third countries, which are of plant origin (‘the goods of non-animal origin’) apply under its national law, and those import conditions and official controls requirements related to the goods of non-animal origin are effectively implemented by the United Kingdom.
(5)It is therefore appropriate to amend Implementing Regulation (EU) 2023/2059 to add the category of goods of non-animal origin to the list of rest-of-the-world commodities set out in the Annex to that Implementing Regulation.
(6)In the interest of legal certainty and to avoid any unnecessary disruption to trade, the amendments to be made to Implementing Regulation (EU) 2023/2059 by this Regulation should take effect as a matter of urgency.
(7)As the United Kingdom provides the written evidence related to plant health rules referred to in Article 9(1), point (a), of Regulation (EU) 2023/1231 from 1 October 2023 for the goods of non-animal origin, and to avoid any unnecessary disruption to trade, this Regulation should thus apply retroactively from 1 October 2023.
(8)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1#
The Annex to Implementing Regulation (EU) 2023/2059 is amended in accordance with the Annex to this Regulation.
Article 2#
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.It shall apply from 1 October 2023.
In the Annex to Implementing Regulation (EU) 2023/2059, the following category of commodities is added to the list of rest-of-the-world commodities:
Goods of non-animal origin1 | Tomatoes, fresh or chilled | 07020000 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries2 | Onions, other than sets, fresh or chilled | 07031019 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries3 | Shallots, fresh or chilled | 07031090 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries4 | Garlic, fresh or chilled | 07032000 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries5 | Cauliflowers and headed broccoli, fresh or chilled | 07041010 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries6 | Peas, fresh or chilled | 07081000 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries7 | Beans, fresh or chilled | 07082000 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries8 | Asparagus, fresh or chilled | 07092000 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries9 | Peppers (fresh or chilled, of the genus Capsicum or of the genus Pimenta), excluding peppers of the genus Capsicum, for the manufacture of capsicin or capsicum oleoresin dyes, and peppers for the industrial manufacture of essential oils or resinoids | 0709601007096099 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries10 | Pumpkins, squash and gourds, fresh or chilled, excluding courgettes | 07099390 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries11 | Sweetcorn, fresh or chilled | 07099960 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries12 | Sweet potatoes, fresh, whole, intended for human consumption | 07142010 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries13 | Avocados, fresh or dried | 08044000 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries14 | Fresh table grapes | 08061010 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries15 | Fresh watermelons | 08071100 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries16 | Fresh melons, other than watermelons | 08071900 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries17 | Fresh apples, other than cider apples in bulk from 16 September to 15 December | 08081080 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries18 | Fresh pears, other than perry pears in bulk from 1 August to 31 December | 08083090 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries19 | Fresh strawberries | 08101000 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries20 | Fresh raspberries | 08102010 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries21 | Fresh blackberries, mulberries and loganberries | 08102090 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries22 | Fresh fruit of the species Vaccinium myrtillusFresh Blueberries and cranberries | 0810403008104050 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries23 | Ginger, neither crushed nor ground | 09101100 | Phytosanitary certificate conforming to the model set out in the Annex to the International Plant Protection Convention | All third countries
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