Commission Delegated Regulation (EU) 2019/2074Show full title

Article 3 U.K. Additional rules on specific official controls on consignments of products of animal origin and composite products

1. The competent authority at the border control post of arrival into [F1 Great Britain] shall authorise the entry into [F1 Great Britain] of the following consignments of products originating from and returning to [F2 Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain,] following a refusal of entry by a third country provided that they comply with the requirements set out in paragraph 2:

(a) products of animal origin listed in the [F3 list published and amended from time to time in accordance with Article 3 of] Implementing Regulation (EU) 2019/2007;

[F4 (b) composite products that are:

(i)

listed in the list published by the Secretary of State, as amended from time to time, in accordance with Article 3(1) and (4) of Decision 2007/275/EC that would, immediately before IP completion day, have fallen within the lists in Chapters 16 to 22 of Annex 1 to Decision 2007/275/EC as it had effect immediately before IP completion day; and

(ii)

subject to official controls at border control posts of arrival into Great Britain in accordance with Article 4 of that Decision.]

2. The consignments of products referred to in paragraph 1 shall be accompanied by the following documents:

(a) the original official certificate issued by the [F5 relevant competent authority when the goods were despatched to a third country], or its electronic equivalent submitted in [F6 the appropriate computerised information management system], or an authenticated copy thereof;

(b) the official declaration of the competent authority or of other public authorities of the third country indicating the reason for the refusal of entry, the place and date of unloading and re-loading in the third country and confirming that:

(i) the consignment did not undergo any other handling than unloading, storage and re-loading;

(ii) the unloading and re-loading of the products of animal origin and composite products was handled hygienically to avoid cross contamination;

(iii) the products of animal origin and composite products were stored under hygienic conditions and at the required temperature for the relevant types of goods;

(c) the declaration of the competent authority of the place of destination in [F7 Great Britain or the Crown Dependencies (as the case may be)] that they agree to receive the consignment; however, that declaration shall not be required where the consignment returns to the establishment of origin of the consignment which is located in the same [F8 constituent territory of Great Britain] as the border control post of arrival into [F9 Great Britain ].

3. By way of derogation from paragraph 2(a), where it is not possible to provide the documents referred to in that provision, the origin of the consignment may be authenticated in another way on the basis of documented evidence presented by the operator responsible for the consignment.

4. The competent authority at the border control post of arrival into [F10 Great Britain] may grant exemptions from the requirements laid down in paragraph 2(b) for sealed consignments, with an intact origin seal, provided that the operator responsible for the consignment submits a declaration stating the reason for the refusal of entry by the third country and confirming that transport has taken place under conditions appropriate for the relevant type of products of animal origin and composite products.

[F11 5. Where the competent authority of the place of destination has issued the declaration referred to in paragraph 2(c), the competent authority at the border control post of arrival shall monitor the transport and arrival at the place of destination of the consignment—

(a) in accordance with Delegated Regulation (EU) 2019/1666, or

(b) in relation to consignments of products originating from and returning to the Crown Dependencies via a point of entry in Great Britain, in accordance with the appropriate arrangements between the competent authorities in Great Britain and the Crown Dependencies for the monitoring of the transport of consignments from the border post of arrival into Great Britain to the establishment at the place of destination.]

Textual Amendments

F1 Words in Art. 3(1) 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), 23(5)(a)(i)(aa) (with regs. 33-36)

F2 Words in Art. 3(1) 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), 23(5)(a)(i)(bb) (with regs. 33-36)

F3 Words in Art. 3(1)(a) 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), 23(5)(a)(ii) (with regs. 33-36)

F4 Art. 3(1)(b) 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), 23(5)(a)(iii) (with regs. 33-36)

F5 Words in Art. 3(2)(a) 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), 23(5)(b)(i)(aa) (with regs. 33-36)

F6 Words in Art. 3(2)(a) 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), 23(5)(b)(i)(bb) (with regs. 33-36)

F7 Words in Art. 3(2)(c) 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), 23(5)(b)(ii)(aa) (with regs. 33-36)

F8 Words in Art. 3(2)(c) 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), 23(5)(b)(ii)(bb) (with regs. 33-36)

F9 Words in Art. 3(2)(c) 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), 23(5)(b)(ii)(cc) (with regs. 33-36)

F10 Words in Art. 3(4) 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), 23(5)(c) (with regs. 33-36)

F11 Art. 3(5) 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), 23(5)(d) (with regs. 33-36)