Commission Delegated Regulation (EU) 2019/2123Show full title

Article 1 U.K. Subject matter

1. This Regulation lays down rules for cases where and conditions under which competent authorities may perform:

(a) identity checks and physical checks at a control point other than the border control post on:

(i)

consignments of plants, plant products, and other objects referred to in Articles 72(1) and 74(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council(1)[F1 other than those specified in paragraph 1A,] and consignments of plants, plant products, and other objects subject to an emergency measure provided for in acts adopted in accordance with [F2 or regulations made under,] Articles 28(1), 30(1), 40(3), 41(3), 49(1), [F3 53(2)] and 54(3) of Regulation (EU) 2016/2031.

(ii)

consignments of food and feed of non-animal origin subject to the measures provided for by the acts [F4 or regulations (as the case may be)] referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625;

(b) documentary checks at distance from a border control post on consignments of plants, plant products, and other objects referred to Articles 72(1) and 74(1) of Regulation (EU) 2016/2031 [F5 , other than those specified in paragraph 1A].

[F6 1A. This Regulation does not apply to consignments of plants, plant products, and other objects referred to in Articles 72(1) and 74(1) of Regulation (EU) 2016/2031 entering Great Britain from a relevant third country during the transitional staging period where such consignments:

(a) have been the subject of any requisite notification prior to their entry into Great Britain;

(b) are not presented to a border control post for official controls.

1B. In paragraph 1A ‘the transitional staging period’ and ‘relevant third country’ have the meanings given in Annex 6 to Regulation (EU) 2017/625.]

2. The competent authorities situated at a distance from the border control post, including at a control point other than the border control post and at an entry point into [F7 Great Britain from a third country], shall perform operations during and after documentary, identity and physical checks in accordance with Commission Implementing Regulation 2019/2130(2).

Textual Amendments

F1 Words in Art. 1(1)(a)(i) inserted (E.W.S.) (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), 25(2)(a)(i)(aa) (with regs. 33-36)

F2 Words in Art. 1(1)(a)(i) inserted (E.W.S.) (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), 25(2)(a)(i)(bb) (with regs. 33-36)

F3 Word in Art. 1(1)(a)(i) substituted (E.W.S.) (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), 25(2)(a)(i)(cc) (with regs. 33-36)

F4 Words in Art. 1(1)(a)(ii) inserted (E.W.S.) (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), 25(2)(a)(ii) (with regs. 33-36)

F5 Words in Art. 1(1)(b) inserted (E.W.S.) (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), 25(2)(b) (with regs. 33-36)

F6 Art. 1(1A)(1B) inserted (E.W.S.) (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), 25(2)(c) (with regs. 33-36)

F7 Words in Art. 1(2) substituted (E.W.S.) (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), 25(2)(d) (with regs. 33-36)

(1)

Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4).

(2)

Commission Implementing Regulation 2019/2130 of 25 November 2019 establishing detailed rules on the operations to be carried out during and after documentary checks, identity checks and physical checks on animals and goods subject to official controls at border control posts (see page 128 of this Official Journal).