AQW 28922/17-22


Mr Jim Allister KC
Traditional Unionist Voice
North Antrim


Tabled Date: 28/01/2022
Answered On Date: 15/02/2022
Priority Written: Yes


Question:
To ask the Minister of Agriculture, Environment and Rural Affairs (i) whether Regulation (EU) 2017/625 has current authority in Northern Ireland; (ii) how, when and by what means this extent authority was obtained; and (iii) what operative regulations have been made and by whom under EU 2017/625.


Answer:
As European Union (EU) regulations are directly applicable to Member States, the Official Controls Regulation (EU) 2017/625 automatically formed part of Northern Ireland law when it became applicable on 14 December 2019. At that time, my Department made regulations to support its implementation, namely The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 and The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019. The Plant Health Regulations have since been amended by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020.
The Official Controls Regulation (EU) 2017/625 is listed in Annex 2 of the Protocol on Ireland/Northern Ireland (the Protocol), and therefore continues to apply in Northern Ireland.
The Protocol is an integral part of the Agreement on the Withdrawal of the United Kingdom (the UK) from the EU, which established the UK’s withdrawal from the EU. The Withdrawal Agreement came into force on 31 January 2020, having been agreed by the UK and the EU at European Council on 17 October 2019 and subsequently ratified by both parties.
The Withdrawal Agreement was implemented in the UK by the European Union (Withdrawal) Act 2018 as amended by the European Union (Withdrawal Agreement) Act 2020. This legislation was progressed at Westminster.
An overview of delegated and implementing acts adopted by the European Commission under Regulation (EU) 2017/625 can be accessed through this link:
https://ec.europa.eu/food/system/files/2019-12/oc_qa_ocregulation_20191212_delegated_implemented_acts_en.pdf