(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 certain consignments of products of animal or plant origin, plants other than plants intended for planting, ready-to-sell pet food and dog chews, composite products, other food and food contact materials (‘the retail goods’) for placing on the market in Northern Ireland for the final consumer.

(2)

More particularly, Articles 4 and 5 of Regulation (EU) 2023/1231 provide that certain consignments of retail goods are to be subject to specific rules on special rates of official controls and a general certificate for their entry into Northern Ireland from other parts of the United Kingdom and their placing on the market in Northern Ireland, only where certain conditions are fulfilled, including written guarantees to be provided by the United Kingdom in accordance with Article 4(1), point (g), and Article 5(1), point (f), of that Regulation.

(3)

The specific rules cover the application of frequency rates for documentary, identity and physical checks on those consignments, and the model of the general certificate required to accompany those consignments and be presented at the sanitary and phytosanitary (SPS) Inspection Facilities of first arrival in Northern Ireland.

(4)

The written guarantees are to ensure that effective official controls on consignments of retail goods at SPS Inspection Facilities of first arrival in Northern Ireland that comply with the requirements set out in Annex II to Regulation (EU) 2023/1231 are carried out in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (2), and that official controls, evidenced through a control plan, and monitoring in accordance with the requirements set out in Part 1 of Annex III to Regulation (EU) 2023/1231 are carried out covering the movements of those consignments from the SPS Inspection Facilities of first arrival in Northern Ireland to the listed establishments of destination to ensure that those consignments are solely intended for retail sale at listed establishments in Northern Ireland and will not be subsequently moved to a Member State.

(5)

The United Kingdom, in its letter of 4 September 2023, states that SPS Inspection Facilities of first arrival in Northern Ireland will comply with the requirements set out in Part 1 of Annex II to Regulation (EU) 2023/1231 by 1 October 2023.

(6)

The United Kingdom, in its letters of 4 and 7 September 2023, further states that from 1 October 2023 effective official controls on consignments of retail goods will be carried out at SPS Inspection Facilities of first arrival in Northern Ireland in accordance with Regulation (EU) 2017/625 and official controls and monitoring in accordance with the requirements set out in Part 1 of Annex III to Regulation (EU) 2023/1231 will be carried out covering the movements of those consignments from the SPS Inspection Facilities of first arrival in Northern Ireland to the listed establishment of destination.

(7)

In accordance with Article 4(3) of Regulation (EU) 2023/1231, the Commission services carried out a Commission control in Northern Ireland from 11 to 14 September 2023 on the verification of compliance of the SPS Inspection Facilities in Northern Ireland with the requirements set out in Part 1 of Annex II to Regulation (EU) 2023/1231. The report of 15 September 2023 drawn up following that Commission control states that the SPS Inspection Facilities of Belfast Port, Larne Harbour and Warrenpoint Port comply with the relevant requirements set out in Part 1 of Annex II to Regulation (EU) 2023/1231.

(8)

As the United Kingdom has provided the necessary written guarantees, required by Article 4(1), point (g), and Article 5(1), point (f), of Regulation (EU) 2023/1231, it is appropriate to lay down the special rates of official controls on such consignments as well as the rules on those official controls and on the model general certificate for consignments of retail goods, including certain retail goods that are currently prohibited from entry into the Union.

(9)

Article 6(1) of Regulation (EU) 2023/1231 requires all retail goods to be marked. More particularly, it provides that certain retail goods are to be individually marked as from 1 October 2023, other retail goods from 1 October 2024, and other retail goods from 1 July 2025, to allow the adaptation of the supply chain in Northern Ireland to the specific rules laid down in Regulation (EU) 2023/1231. Article 4(3) of that Regulation requires that the rates of identity checks of retail goods are to be adapted depending on the extent to which different types of retail goods are individually marked. The detailed rules for identity checks on consignments of products of animal origin and goods laid down in Article 3(2) of Commission Implementing Regulation (EU) 2019/2130 (3) should not apply to identity checks on consignments of retails goods where the specific rules laid down by Regulation (EU) 2023/1231 apply, in order to ensure a consistent application of that Regulation for those retail goods.

(10)

In the interest of legal certainty and to avoid unnecessary trade disruptions, this Regulation should take effect as a matter of urgency.

(11)

The obligation to mark retail goods in accordance with Annex IV to Regulation (EU) 2023/1231 applies from 1 October 2023. This Regulation should therefore apply from 1 October 2023, to ensure consistency and legal certainty and avoid unnecessary trade disruptions.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,