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

Article 2 U.K. Conditions for the performance of identity and physical checks at a control point other than the border control post

1. Identity and physical checks may be performed at a control point other than border control post where the following conditions apply:

(a) the operator when giving the prior notification in accordance with point (a) of Article 56(3) of Regulation (EU) 2017/625 or the competent authority of the border control post has indicated in the Common Health Entry Document (‘CHED’) the control point where identity checks and physical checks are to be performed;

(b) the outcome of documentary checks performed by the competent authorities of the border control post is satisfactory;

(c) the competent authorities of the border control post [F1 have] recorded in the CHED their authorisation to transfer the consignment to the control point;

(d) before the consignment leaves the border control post, the operator has notified the competent authorities of the control point where identity and physical checks are to be performed of the expected time of the arrival of the consignment and of the means of transport by completing and submitting a separate CHED into the [F2 appropriate computerised information management system];

(e) the operator has transported the consignment from the border control post to the control point under customs supervision without the goods being unloaded during the transport;

(f) the operator has ensured that the consignment is accompanied to the control point by a copy of the CHED referred to in point (c), in paper format or in electronic format;

(g) the operator has ensured that:

(i)

the consignments of plants, plant products, and other objects referred to in Articles 72(1) and 74(1) of Regulation (EU) 2016/2031 and consignments of plants, plant products, and other objects subject to an emergency measure provided for in acts adopted in accordance with [F3 , or regulations made under,] Articles 28(1), 30(1), 40(3), 41(3), 49(1), [F4 53(2)] and 54(3) of Regulation (EU) 2016/2031 and consignments of food and feed of non-animal origin referred to in points (e) and (f) of Article 47(1) of Regulation (EU) 2017/625 are accompanied to the control point by an authenticated copy of the official certificates referred to in Article 50(1) of Regulation (EU) 2017/625, issued in accordance with Article 50(2) of that Regulation;

(ii)

consignments of food and feed of non-animal origin subject to the measures provided for by the acts referred to in points (e) and (f) of Article 47(1) of Regulation (EU) 2017/625 are accompanied to the control point by an authenticated copy of the results of laboratory analysis performed by the competent authorities of the third country, issued in accordance with Article 50(2) of that Regulation.

(h) the operator has indicated the reference number of the CHED referred to in point (c) in the customs declaration lodged with the customs authorities for the purposes of the transfer of the consignment to the control point and has [F5 provided or made available to the customs authorities a copy of that CHED in accordance with paragraph 7(1)(b) and (2) of Schedule 1 to the Taxation (Cross-border Trade) Act 2018.]

2. The requirement for the authenticated copy referred to in points (i) and (ii) of paragraph 1(g) to accompany the consignment shall not apply where the respective official certificates or results of laboratory analysis have been submitted in [F6 the appropriate computerised information management system] by the competent authorities of the third country or uploaded in [F6 the appropriate computerised information management system] by the operator and the competent authorities of the border control post have checked that they correspond to the original certificates or results of laboratory analyses.

F7 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in Art. 2(1)(c) 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(4)(a)(i) (with regs. 33-36)

F2 Words in Art. 2(1)(d) 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(4)(a)(ii) (with regs. 33-36)

F3 Words in Art. 2(1)(g)(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(4)(a)(iii)(aa) (with regs. 33-36)

F4 Word in Art. 2(1)(g)(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(4)(a)(iii)(bb) (with regs. 33-36)

F5 Words in Art. 2(1)(h) 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(4)(a)(iv) (with regs. 33-36)

F6 Words in Art. 2(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(4)(b) (with regs. 33-36)

F7 Art. 2(3) omitted (E.W.S.) (31.12.2020) by virtue of 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(4)(c) (with regs. 33-36)