Official controls
Article 5
1
Each consignment of products referred to in Article 1 is subject to documentary checks to ensure that the import conditions provided for in Article 4 are complied with.
2
Where a consignment of products other than those described in Article 4(2) is not accompanied by a health certificate and the analytical report provided for in Article 4, the consignment shall be re-dispatched to the country of origin or destroyed.
3
Where a consignment is accompanied by the health certificate and the analytical report provided for in Article 4 the competent authority shall take a sample for analysis in accordance with Annex II for the presence of unauthorised GMOs with a frequency of 100 %. If the consignment consists of several lots, each lot shall be submitted to sampling and analysis.
4
The competent authority may authorise onward transportation of the consignment pending the results of the physical checks. In such a case the consignment shall remain under the continuous control of the competent authorities pending the results of the physical checks.
5
After completion of the checks provided for in paragraphs 1 to 4, the competent authority shall:
a
complete the relevant part of Part II of the CED or, where appropriate, the CVED; and the responsible official of the competent authority shall stamp and sign the original of that document.
The CED or, where appropriate the CVED, can be completed only when the result of the analysis referred to in paragraph 3 is available;
b
make and retain a copy of the signed and stamped CED or, where appropriate, CVED.
The original of the CED or, where appropriate, the CVED shall accompany the consignment on its onward transport until it reaches its destination as indicated in the CED or the CVED.
6
The release for free circulation of consignments shall only be allowed when, following sampling and analyses performed in accordance with Annex II, all lots of that consignment are considered compliant with
assimilated
law
. This requirement also applies to consignments tested in accordance with Article 1(2).
Substituted by Commission Implementing Decision of 13 June 2013 amending Implementing Decision 2011/884/EU on emergency measures regarding unauthorised genetically modified rice in rice products originating from China (Text with EEA relevance) (2013/287/EU).
Words in Art. 5(6) substituted (31.12.2020) by The Food and Feed Imports (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/664), regs. 1, 76; 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 5(6) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 11 para. 20