TITLE VIACTIVITIES IN RELATION TO CONTROLS
CHAPTER IIConditions for the entry into F1Great Britain of animals and goods
Article 125Information on third countries' control systems
1.
The F2appropriate authority shall request third countries which intend to export animals and goods to F3Great Britain to provide the following accurate and up-to-date information on the general organisation and management of sanitary and phytosanitary control systems in their territory:
(a)
any sanitary or phytosanitary rules adopted or proposed within their territory;
(b)
risk-assessment procedures and factors taken into consideration for the assessment of risks and for the determination of the appropriate level of sanitary or phytosanitary protection;
(c)
any control and inspection procedures and mechanisms, including, where relevant, on animals or goods arriving from other third countries;
(d)
official certification mechanisms;
(e)
where appropriate, any measures taken following recommendations provided for in the first paragraph of Article 122;
(f)
where relevant, results of controls performed on animals and goods intended to be exported to F4Great Britain; and
(g)
where relevant, information on changes made to the structure and functioning of control systems adopted to meet F5the sanitary or phytosanitary requirements of the constituent territories of Great Britain, or recommendations provided for in the first paragraph of Article 122.
2.
The request for information referred to in paragraph 1 shall be proportionate, taking account of the nature of the animals and goods to be exported to F6Great Britain and of the specific situation in, and structure of, the third country.
Article 126Establishment of additional conditions for entry into F7Great Britain of animals and goods
1.
The F8appropriate authority may make regulations to supplement this Regulation concerning the conditions to be respected by animals and goods entering F9Great Britain from third countries which are necessary to ensure that the animals and goods comply with the relevant requirements established by the rules referred to in Article 1(2) F10... or with requirements recognised to be at least equivalent thereto.
2.
The conditions laid down in the F11regulations referred to in paragraph 1 shall identify animals and goods by referring to their codes from the F12classification system applicable in the United Kingdom, as amended from time to time, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border Trade) Act 2018 or under any other enactment and may include:
(a)
(b)
the requirement that consignments of certain animals and goods from third countries be dispatched from, and obtained or prepared in, establishments which comply with the relevant requirements referred to in paragraph 1 or with requirements recognised to be at least equivalent thereto;
(c)
the requirement that consignments of certain animals and goods be accompanied by an official certificate, an official attestation, or by any other evidence that the consignments comply with the relevant requirements referred to in paragraph 1 or with requirements recognised to be at least equivalent thereto, including the results of the analysis performed by an accredited laboratory;
(d)
the obligation to provide the evidence referred to in point (c) in accordance with a specific format;
(e)
any other requirement necessary to ensure that certain animals and goods offer a level of protection of health and, as regards GMOs, also of the environment, equivalent to that ensured by the requirements referred to in paragraph 1.
3.
The F15appropriate authority may make regulations laying down rules on the F16format, type and content of official certificates and official attestations, including in respect of any conditions which they are to include, as well as on the evidence required in accordance with the rules provided for in point (c) of paragraph 2 of this Article. F17Those regulations may also make provision for the appropriate authority from time to time to specify and publish online F18the content and format of those official certificates, official attestations or evidence, including conditions of entry in the case of certificates.
Article 127Inclusion in the list of third countries referred to in point (a) of Article 126(2)
1.
The inclusion of a third country or region thereof in the list referred to in point (a) of Article 126(2) shall be made in accordance with paragraphs 2 and 3 of this Article.
F192.
The appropriate authority may, by means of regulations, approve a request by a third country for inclusion on the list referred to in Article 126(2)(a), provided that the request is accompanied by appropriate evidence and guarantees that consignments of the animals and goods concerned from that third country comply with the conditions referred to in Article 126(1), or with equivalent requirements.
3.
The F20appropriate authority shall decide on the request referred to in paragraph 2 taking into account, as appropriate:
(a)
the third country’s legislation in the sector concerned;
(b)
the structure and organisation of the competent authorities of the third country and its control services, the powers available to them, the guarantees that can be provided with regard to the application and enforcement of the legislation of the third country applicable to the sector concerned, and the reliability of the official certification procedures;
(c)
the performance by the competent authorities of the third country of adequate official controls and other activities to assess the presence of hazards for human, animal or plant health, for animal welfare or, in relation to GMOs and plant protection products, also for the environment;
(d)
the regularity and rapidity of information supplied by the third country on the presence of hazards for human, animal or plant health, for animal welfare or, in relation to GMOs and plant protection products, also for the environment;
(e)
the guarantees given by the third country that:
- (i)
conditions applied to the establishments from which animals or goods are exported to F21Great Britain comply with requirements that are equivalent to those referred to in Article 126(1);
- (ii)
F22a list of the establishments referred to in point (i) will be drawn up, kept up to date and communicated to the appropriate authority, with any changes to be communicated without delay;
- (iii)
F23...
- (iv)
the establishments referred to in point (i) are the subject of regular and effective controls by the competent authorities of the third country;
(f)
the findings of controls performed by the F24experts appointed by the appropriate authority in the third country in accordance with Article 120(1);
(g)
any other information or data on the capability of the third country to ensure that only animals or goods which provide the same or an equivalent level of protection as that afforded by the relevant requirements referred to in Article 126(1) enter F25Great Britain.
4.
The F26appropriate authority shall delete the reference to a third country or a region of a third country from the list referred to in point (a) of Article 126(2) where the conditions for inclusion on the list cease to be met. The procedure referred to in paragraph 2 of this Article shall apply.
Article 128Special measures regarding the entry F27to Great Britain of certain animals and goods
1.
Where, in cases other than those referred to in Article 53 of Regulation (EC) No 178/2002 and Article 249 of Regulation (EU) 2016/429, there is evidence that the entry into F28Great Britain of certain animals or goods originating from a third country, a region thereof or a group of third countries, pose a risk to human, animal or plant health or, as regards GMOs, also to the environment, or where there is evidence that widespread serious non-compliance with the rules referred to in Article 1(2) of this Regulation is taking place, the F29appropriate authority F30may make regulations laying down the measures necessary to contain such risk or put an end to the identified non-compliance. F31...
2.
The F32regulations referred to in paragraph 1 shall identify animals and goods by referring to their codes from the F33classification system applicable in the United Kingdom, as amended from time to time, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border Trade) Act 2018 or under any other enactment, and may include:
(a)
the prohibition of entry into F28Great Britain of the animals and goods referred to in paragraph 1 originating in or dispatched from the third countries concerned or regions thereof;
(b)
the requirement that the animals and goods referred to in paragraph 1 originating in or dispatched from certain third countries or regions thereof be subject, prior to dispatch, to specific treatment or controls;
(c)
the requirement that the animals and goods referred to in paragraph 1 originating in or dispatched from certain third countries or regions thereof be subject, upon entry into F28Great Britain, to specific treatment or controls;
(d)
the requirement that consignments of the animals and goods referred to in paragraph 1 of this Article originating in or dispatched from certain third countries or regions thereof, be accompanied by an official certificate, an official attestation, or by any other evidence that the consignment complies with requirements established by the rules referred to in Article 1(2) or with requirements recognised to be at least equivalent thereto;
(e)
the requirement that the evidence referred to in point (d) be provided in accordance with a specific format;
(f)
other measures necessary to contain the risk.
F34The regulations may include provision allowing the appropriate authority from time to time to specify and publish online the required format for the purposes of point (e);
3.
When adopting the measures referred to in paragraph 2, account shall be taken of:
(a)
the information collected in accordance with Article 125;
(b)
any other information that the third countries concerned have provided; and
(c)
where necessary, the results of F35controls carried out by experts appointed by the appropriate authority provided for in Article 120(1).
F364.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 129Equivalence
1.
In the areas governed by the rules referred to in Article 1(2), with the exclusion of points (d), (e), (g), and (h) of Article 1(2), the F37appropriate authority may make regulations recognising that measures applied in a third country, or regions thereof, are equivalent to the requirements laid down in those rules, on the basis of:
(a)
a thorough examination of information and data provided by the third country concerned pursuant to Article 125(1); and
(b)
where appropriate, the satisfactory outcome of a control performed in accordance with Article 120(1).
F38...
2.
The F39regulations referred to in paragraph 1 shall set out the practical arrangements for the entry of animals and goods into F40Great Britain from the third country concerned, or regions thereof, and may include:
(a)
the nature and content of the official certificates or attestations that have to accompany the animals or goods;
(b)
(c)
where necessary, procedures for drawing up and amending lists of regions or establishments in the third country concerned from which the entry of animals and goods into F40Great Britain is permitted.
F41The Regulations may include provision allowing the appropriate authority from time to time to specify and publish online the nature and content of the documents referred to in point (a).