- approved place of inspection
has the meaning given in article 3 of the Order;
- audit
means an audit of a competent authority carried out for the purposes of Article 6 of the EU Regulation in relation to relevant legislation;
- auditor
means a person carrying out an audit on behalf of a competent authority;
- border control post
has the meaning given by Article 3(38) of the Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;”
- certificate
means either a phytosanitary certificate for export or a phytosanitary certificate for re-export;
- Commission Regulation (EU) 142/2011
means Commission Regulation (EU) 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive.”
- Common Health Entry Document
(“CHED”) means a document, or an electronic equivalent, in the format specified in Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components. 2 Where the imported consignment is required to be accompanied by a CHED to the premises of final destination, the operator responsible for the consignment must complete the relevant parts of the document prior to the physical arrival of the consignment. 3 The cases where and conditions under which the use of a CHED is required are specified in` Commission Delegated Regulation (EU) 2019/1602 supplementing Reg
- controlled consignment
means a consignment which— (a) is introduced into England from a third country;
- controlled plant pest
means— i a plant pest of a description specified in the lists of the Phytosanitary Conditions Regulation that apply for the purposes of Articles 5(2), 32(3) and 37(2) of the EU Plant Health Regulation;
- designated authority
means an authority designated by the Secretary of State under regulation 3;
- enforcement officer
means an officer authorised by the Secretary of State or a designated authority to enforce the EU Official Controls Regulations and these Regulations;
- Europe
includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Irkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);”
- importer
means the natural or legal person who presents animals or products for importation from outside the United Kingdom;
- intensified official controls
means those controls carried out in accordance with Article 65(4);
- licence
means an authorisation for the purposes of any derogation described in Article 8(1) or 48(1) of the EU Plant Health Regulation;
- local authority
means— (a) in England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
- medicated feedingstuffs
means any mixture of feed with a veterinary medicinal product having properties for treating or preventing disease, restoring, correcting or modifying physiological functions in animals, or products and feed or feeds which are ready-prepared for marketing and intended to be fed to animals without further processing;
- Officer
means—
- official auxiliary
means a representative of the Secretary of State appropriately trained and acting under the responsibility or supervision of an official veterinarian to perform certain official controls or certain tasks related to other official activities;
- official controls
means the activities referred to in Article 2(1) other than those listed in Article 1(4);
- official veterinarian
means a veterinarian appointed by the Secretary of State and appropriately qualified to carry out official controls and other official activities for the verification of compliance with the rules referred to in Article 1(2);
- other official activities
means has the meaning given by Article 2(2);
- plant passport authority
means an authorisation described in Article 89(1) of the EU Plant Health Regulation;
- pre-export service
means any plant health inspection or examination, including by the taking of samples, which is required to be carried out in relation to a plant, plant product or other object which is to be exported to a third country in order to satisfy the phytosanitary requirements of the third country, other than any such inspection or examination required for the issue of a certificate;
- premises
includes any means of transport;
- Regulation (EU) 2017/625
means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;”
- regulatory provision
has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
- relevant legislation
means, in Northern Ireland, European and domestic legislation, and in Great Britain, assimilated direct legislation and domestic legislation legislation governing the areas listed in sub-paragraphs (a) to (f), (i) and (j) of Article 1(2), with the exception of food and food safety, feed and feed safety legislation in so far as— (a) such legislation is defined as “relevant feed law” or “relevant food law” in the Feed and Food Regulations;
- remedial notice
means a notice served under article 31(1) or (4) of the Order;
- remedial work
means any steps taken by a person for the purposes of complying with a remedial notice, or by an inspector under article 32(1) of the Order;
- small exporter
means a person who— (a) in the financial year in which the application or request is made— (i) is not a taxable person for the purposes of the Value Added Tax Act 1994;
- the Agency
means the Food Standards Agency;
- the EU Official Controls Regulations
means the EU Regulation and the Implementing Regulations, Delegated Regulations and statutory instruments made under it made under it;
- the EU Plant Health Regulation
means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
- the EU Regulation
means Regulation (EU) 2017/625 of the European Parliament and of the Council of 15th March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;
- the Feed and Food Regulations
means the Official Feed and Food Controls (England) Regulations 2009;
- the Order
means the Plant Health (Forestry) Order 2005;
- the Phytosanitary Conditions Regulation
means the implementing act adopted by the European Commission pursuant to Articles 5(2), 32(3), 37(2) and (4), 40(2), 41(2), 53(2), 54(2), 72(1), 73, 74(2), 79(2) and 80(2) of the EU Plant Health Regulation;”
- the relevant authority
means— a in relation to animals, the Secretary of State;
- zootechnical additives
means feed additives in the categories mentioned in Article 6.1(d) and (e) of Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition, with the exception of those belonging to the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation.