Commission Delegated Regulation (EU) 2019/1012Show full title

Article 3 U.K. Border control posts situated at a distance other than in the immediate vicinity of the point of entry into [F1 Great Britain]

1. By way of derogation from Article 64(1) of Regulation (EU) 2017/625, border control posts may be situated at a distance other than in the immediate vicinity of the point of entry into [F1 Great Britain] [F2 , provided that:

(a) this is necessitated by specific geographical constraints in accordance with [F3 paragraph 2] [F3 paragraphs 2 and 2A], and

(b) the [F4 conditions] [F4 condition] laid down in paragraph 3 [F5 are] [F5 is] fulfilled.]

[F2 in the cases described in paragraph 1A]

[F6 1A. The cases are where:

(a) this is necessitated by specific geographical constraints in accordance with paragraph 2, and the conditions laid down in paragraph 3 are fulfilled, or

(b) the border control post and the point of entry are situated in the same freeport, and the conditions laid down in paragraph 3A are fulfilled.

1B. In paragraph 1A(b) “freeport” means an area which is identified as such in a document published by, or with the consent of, the Treasury for the purposes of section 113 of the Finance Act 2021 (and not withdrawn).]

[F7 2. The geographical constraints referred to in [F8 paragraph 1] [F8 paragraph 1A(a)] shall be such as to prevent or restrict the efficient performance of official controls and other official activities.

Those geographical constraints shall consist of one or more of the following:

(a) points of entry with a geographical configuration that imposes major constraints on the transportation system;

(b) points of entry subject to recurrent floods in certain periods of the year;

(c) maritime wharves surrounded by cliffs;

(d) border roads which cross a high pass;

(e) rail transport of animals and goods which makes it necessary to locate the border control post at the first station stop; or

(f) points of entry with no suitable land to enable the border control post and its facilities to be located in their immediate vicinity.]

[F7 2. The geographical constraints referred to in paragraph 1(a) shall be such as to prevent or restrict the efficient performance of official controls and other official activities if the border control post were located in the immediate vicinity of the point of entry, having regard to—

(a) the nature and volume of official controls and other official activities which will be carried out at the border control post; and

(b) the need to avoid any unacceptable adverse impact on the visual or natural amenity, environment, ecology or local character of the area surrounding the point of entry.

2A. The geographical constraints referred to in paragraph 1(a) shall consist of one or more of the following—

(a) the natural geographical configuration of the point of entry or the surrounding area imposes major constraints on the transportation system;

(b) the density of existing buildings and other structures at the point of entry or in the surrounding area, or the existing infrastructure at the point of entry or in the surrounding area, imposes major constraints on the transportation system;

(c) the point of entry is subject to recurrent floods in certain periods of the year;

(d) the point of entry comprises or contains maritime wharves surrounded by cliffs;

(e) entry is by way of rail transport which makes it necessary to locate the border control post—

(i) at the first station stop; or

(ii) other than in the immediate vicinity of the first station stop if point (a), (b), (c), (f) or (g) applied in relation to locating the border control post at the first station stop as it applies in relation to locating the border control post at the point of entry (with references to “the point of entry” read as references to “the first station stop”);

(f) there is no suitable land reasonably available to enable the border control post and its facilities to be located in the immediate vicinity of the point of entry;

(g) there is a need to conserve or protect the visual or natural amenity, environment, ecology or local character of the area surrounding the point of entry.]

[F9 3. Where a [F10 competent authority] decides to designate one or more border control posts referred to in [F11 paragraph 1] [F11 paragraph 1A(a)], the designation shall be subject to compliance with the following conditions:

(a) the distance of the border control post from the point of entry into [F1 Great Britain] is commensurate to the need to overcome the constraints of geography and it does not go beyond that need; and

(b) the border control post and the point of entry are under the competence of the same customs authority so that consignments can be moved from the point of entry to the border control posts without being placed and handled under a customs procedure.]

[F9 3. Where a competent authority decides to designate one or more border control posts referred to in paragraph 1, the competent authority must be satisfied that the person who will be responsible for operating the border control post will put in place adequate measures to manage any risk to human, animal or plant health or, as regards GMOs and plant protection products, any such risk or risk to the environment, arising from the location of the border control post.]

[F12 3A. Where a competent authority decides to designate one or more border control posts referred to in paragraph 1A(b), the designation shall be subject to compliance with the following conditions:

(a) the designation must not be for the purposes of performing official controls on one or more categories of animals, and

(b) the competent authority must be satisfied that the person who will be responsible for operating the border control post will put in place adequate measures to manage any risk to human, animal or plant health, or risk to the environment, arising from the location of the border control post.]

4. The border control post shall be situated at a sufficient distance from establishments or places where animals, plants, plant products or other objects, which are susceptible to being infected by transmissible diseases or pests, are kept or grown.

[F13 5. The competent authority must, when deciding whether to designate a border control post referred to in paragraph 1, have regard to the following—

(a) the distance of the border control post from the point of entry;

(b) the amount of time it would be expected to take to move a consignment from the point of entry to the border control post;

(c) the availability of suitable land for the border control post and its facilities;

(d) the nature and volume of official controls and other official activities which will be carried out at the border control post;

(e) the impact of the border control post on the surrounding area, including in respect of visual or natural amenity, environment, ecology, local character and infrastructure;

(f) whether there is suitable existing infrastructure to enable the border control post to operate effectively;

(g) the costs and economic impacts of the location of the border control post;

(h) any other considerations that the competent authority considers to be relevant;

and the competent authority may, if applicable, have regard to the desirability of designating a single border control post for more than one point of entry in a given area, provided that the condition in paragraph 1(a) is fulfilled in respect of each such point of entry.]

Textual Amendments

F1 Words in Art. 3 substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 18(5)(a) (with regs. 33-36)

F2 Words in Art. 3(1) substituted (S.) (21.3.2026) by The Official Controls (Location of Border Control Posts) (Scotland) Regulations 2026 (S.S.I. 2026/61), regs. 1, 2(3)(a)

F3 Words in Art. 3(1)(a) substituted (E.) (13.4.2024) by The Official Controls (Location of Border Control Posts) (England) Regulations 2024 (S.I. 2024/416), regs. 1(1)(b), 2(2)(a)(i)

F4 Word in Art. 3(1)(b) substituted (E.) (13.4.2024) by The Official Controls (Location of Border Control Posts) (England) Regulations 2024 (S.I. 2024/416), regs. 1(1)(b), 2(2)(a)(ii)(aa)

F5 Word in Art. 3(1)(b) substituted (E.) (13.4.2024) by The Official Controls (Location of Border Control Posts) (England) Regulations 2024 (S.I. 2024/416), regs. 1(1)(b), 2(2)(a)(ii)(bb)

F6 Art. 3(1A)(1B) inserted (S.) (21.3.2026) by The Official Controls (Location of Border Control Posts) (Scotland) Regulations 2026 (S.S.I. 2026/61), regs. 1, 2(3)(b)

F7 Art. 3(2)(2A) substituted for Art. 3(2) (E.) (13.4.2024) by The Official Controls (Location of Border Control Posts) (England) Regulations 2024 (S.I. 2024/416), regs. 1(1)(b), 2(2)(b)

F8 Words in Art. 3(2) substituted (S.) (21.3.2026) by The Official Controls (Location of Border Control Posts) (Scotland) Regulations 2026 (S.S.I. 2026/61), regs. 1, 2(3)(c)

F9 Art. 3(3) substituted (E.) (13.4.2024) by The Official Controls (Location of Border Control Posts) (England) Regulations 2024 (S.I. 2024/416), regs. 1(1)(b), 2(2)(c)

F10 Words in Art. 3(3) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 18(5)(b) (with regs. 33-36)

F11 Words in Art. 3(3) substituted (S.) (21.3.2026) by The Official Controls (Location of Border Control Posts) (Scotland) Regulations 2026 (S.S.I. 2026/61), regs. 1, 2(3)(d)

F12 Art. 3(3A) inserted (S.) (21.3.2026) by The Official Controls (Location of Border Control Posts) (Scotland) Regulations 2026 (S.S.I. 2026/61), regs. 1, 2(3)(e)

F13 Art. 3(5) inserted (E.) (13.4.2024) by The Official Controls (Location of Border Control Posts) (England) Regulations 2024 (S.I. 2024/416), regs. 1(1)(b), 2(2)(d)