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UK subordinate legislation – the Official Controls (Extension of Transitional Periods) (Amendment) (No.2) Regulations 2021

Letter to the Convener from Mairi Gougeon, Cabinet Secretary for Rural Affairs and Islands, 6 December 2021

Dear Finlay

EU exit legislation - protocol with Scottish parliament

Policy area: Animal health, plant health, food and feed

• Defra/OFC/07: The Official Controls (Extension of Transitional Periods) (Amendment) (No.2) Regulations 2021

I am writing in relation to the protocol on obtaining the approval of the Scottish Parliament to proposals by the Scottish Ministers to consent to the making of UK secondary legislation affecting devolved areas arising from EU Exit. 

That protocol, as agreed between the Scottish Government and then Parliament, accompanied the letter from the then Cabinet Secretary for Government Business and Constitutional Relations, Michael Russell MSP, to the Conveners of the Finance & Constitution and Delegated Powers and Law Reform Committees on 4 November 2020 and replaced the previous protocol that was put in place in 2018.

I attach a Type 1 notification which sets out the details of the SI which the UK Government propose to make and the reasons why I am content that Scottish devolved matters are to be included in this SI. Please note, we are yet to have sight of the final SI and it is not available in the public domain at this stage. We will, in accordance with the protocol, advise you when the final SI is laid and advise you as to whether the final SI is in keeping with the terms of this notification. 

The UK Government expects to lay the Instrument around 8 December 2021, although it is with regret that a firm laying date has still to be confirmed.  A final draft of the SI has only been shared in recent days and it is therefore regrettable that on this occasion it has not been possible to comply with the requirement that members should have a full 28 days to scrutinise before the instrument is laid.

The principal aim of of this instrument is to protect biosecurity and support trade by ensuring that within Great Britain, and between Great Britain and ’relevant third countries’ (as set out in Annex 6 to the Official Controls Regulation (Regulation (EU) 2017/625), and that effective official border controls continue to operate following the end of the Transition Period.

The changes made by this instrument relate to controls on imports to Great Britain for the set of commodities known collectively as Sanitary/Phytosanitary measures (SPS) goods.  This instrument replaces the dates for the ending of the transitional staging period (TSP), as set out in the Official Controls (Extension of Transitional Periods) Regulations 2021  with a single date – 30 June 2022 – so that the Official Controls Regulation will apply fully to all SPS goods from 1 July 2022. 
It is anticipated that further legislation may be needed next year to set out specific requirements applying from 1 July 2022.

The instrument makes a further consequential amendment to regulation 52 of the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 , to provide for the changes to these dates to be reflected in related provision.

I am copying this letter to the Convener of the Delegated Powers and Law Reform Committee. 

Mairi Gougeon

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