What is the large loads derogation for BCPs/CPs?
The derogation responds to operational and logistical challenges at Border Control Posts and Control Points by enabling certain large commodities to be unloaded and inspected in outside areas at these facilities, subject to certain requirements. This exempts such goods from the OCR requirement for unloading and inspection under cover of a roof.
The scope of the derogation is limited to large plants and plant products and other large objects that, due to their size, is difficult to be transported into or unloaded in an area covered with a roof because this requires unloading equipment that cannot be operated or moved into a building (such as used agricultural and forestry machinery). For large and mature trees, these must have a root ball (bare, wrapped, or containerised), a girth greater than 8cm and an indicative height greater than 2.5m.
How do I apply to for the derogation at my BCP/CP?
Sites may only handle commodities for which they are designated. This means that any designated facilities intending to continue handling such large commodities must either:
- comply with the existing minimum requirement for unloading and inspection under cover of a roof; or
- apply the derogation in accordance with the requirements under the Regulations.
Expressions of interest to apply the derogation, including designation of new BCP/CP sites or existing BCP/CP site modifications, may be made via the usual BCP/CP designation process (see guidance and enquiry details on GOV.UK) and CP designation process (see CP Guidance - UK Plant Health Information Portal). APHA officials may also discuss this with site operators as part of non-conformance issues identified through the audit and verification process.
Any queries regarding the derogation or BCP designation more generally may be sent through to the relevant authority’s mailbox (DEFRA-OCR@defra.gov.uk in England or Wales, BCPScotland@gov.scot in Scotland).
What requirements do I need to meet to be able unload large loads outside the BCP/CP?
Designated facilities must meet certain requirements for outside unloading and inspection areas to apply the derogation. These include sufficient space for vehicles and equipment to operate within the unloading area; walls or solid fencing; a physical separation between moving vehicles and the inspection area; an impermeable ground surface; and overhead cover from precipitation in the inspection area.
To ensure ongoing compliance, site operators should familiarise themselves with the derogation measures included in the regulations as well as the OCR minimum designation requirements. There may be some flexibility around site adaptations required to apply the derogation; however, the costs of adaptation must be met by operators.