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Commission Delegated Regulation (EU) 2019/2123 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts (Text with EEA relevance)
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1.After the competent authorities of the border control post have authorised or decided on the transfer of the consignment to the control point indicated in the CHED, the operator responsible for the consignment shall not present the consignment for identity and physical checks to a control point different from the one indicated in the CHED, unless the competent authorities of the border control post authorise the transfer of the consignment to another control point in accordance with point (a) of Article 3(1) and point (a) of Article 4(2).
2.The competent authorities of the control point shall confirm the arrival of the consignment to the competent authorities of the border control post by completing in [F1the appropriate computerised information management system] the CHED referred to in point (a) of Article 2(1).
3.The competent authorities of the control point shall finalise the separate CHED referred to in point (d) of Article 2(1) F2... by recording therein the outcome of the identity checks and physical checks and any decision on the consignment taken in accordance with Article 55 of Regulation (EU) 2017/625.
4.The operator shall provide the reference number of the finalised CHED referred to in paragraph 3 in the customs declaration which is lodged for the consignment with the customs authorities and shall [F3provide or make 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.]
5.Where the competent authorities of the border control post have not received, within 15 days from the day on which the transfer of a consignment to the control point was authorised, confirmation of the arrival of the consignment from the competent authorities of the control point, they shall:
(a)verify with the competent authorities of the control point whether the consignment has arrived at the control point;
(b)where the verification provided for in point (a) shows that the consignment has not arrived at control point, inform the customs authorities and other authorities referred to in Article 75(1) of Regulation (EU) 2017/625 of not having received confirmation of the arrival of the consignment to destination;
(c)undertake further investigation to determine the actual location of the goods in cooperation with customs authorities and other authorities as referred to in Article 75(1) of Regulation (EU) 2017/625.
Textual Amendments
F1Words in Art. 6(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(8)(a) (with regs. 33-36)
F2Words in Art. 6(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(8)(b) (with regs. 33-36)
F3Words in Art. 6(4) 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(8)(c) (with regs. 33-36)
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