Commission Delegated Regulation (EU) 2019/2124
of 10 October 2019
supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union, and amending Commission Regulations (EC) No 798/2008, (EC) No 1251/2008, (EC) No 119/2009, (EU) No 206/2010, (EU) No 605/2010, (EU) No 142/2011, (EU) No 28/2012, Commission Implementing Regulation (EU) 2016/759 and Commission Decision 2007/777/EC
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
Regulation (EU) 2017/625 of the European Parliament and of the Council establishes the framework for official controls and other official activities to verify compliance with the Union agri-food chain legislation. That framework includes official controls performed on animals and goods entering the Union from third countries through designated border control posts.
Article 50(4) of Regulation (EU) 2017/625 empowers the Commission to adopt rules establishing the cases where, and the conditions under which, the Common Health Entry Document (CHED) is required to accompany consignments of animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products, plants, plant products and other objects referred to in Article 47(1) of Regulation (EU) 2017/625 to the place of destination, in transit through the Union.
Point (a) of Article 51(1) of Regulation (EU) 2017/625 provides that the Commission is to establish the cases where, and the conditions under which, the competent authorities of border control posts should be able to authorise the onward transportation of consignments of food and feed of non-animal origin, plants, plant products, and other objects referred to in Article 47(1) of that Regulation to their place of final destination pending the availability of the results of physical checks.
Points (b) and (c) of Article 51(1) of Regulation (EU) 2017/625 empower the Commission to establish the cases where, and conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival in the Union. For the purpose of effective controls of transhipped consignments, it is necessary to lay down the time periods and arrangement under which the competent authorities of the border control post should perform documentary, identity and physical checks.
Point (d) of Article 51(1) of Regulation (EU) 2017/625 provides that the Commission is to establish the cases where, and the conditions under which, the transit through the Union of consignments of animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products, plants, plant products and other objects referred to in Article 47(1) of Regulation (EU) 2017/625, should be authorised. It also provides for the Commission to lay down rules concerning certain official controls to be performed at border control posts on such consignments, including the cases and conditions for the temporary storage of goods in customs warehouses, warehouses in free zones, temporary storage facilities and warehouses specialised in supplying NATO or US military bases.
The onward transportation authorisation should be subject to conditions in order to ensure a proper control of risks. In particular, in order to contain potential risks to human or plant health, consignments of food and feed of non-animal origin subject to measures referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625 and consignments of plants, plant products and other objects referred to in points (c) and (e) of Article 47(1) should be transported to, and stored at, onward transportation facilities at the place of final destination designated by the Member States pending the availability of the results of laboratory analyses and tests.
Animal health risks associated with consignments of animals from third countries arriving by air or sea and staying on the same means of transport for onward travel to the third country or another Member State which are intended to be placed on the market in the Union or to transit through the Union are lower than those associated with other consignments of animals, including consignments transhipped in ports or airports. Therefore, unless non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected, identity and physical checks of such animals should be performed at the border control post of introduction into the Union. In addition, documentary checks should be performed at the border control posts, including at the border control post of introduction into the Union where animals are presented for official controls and through which they enter the Union for subsequent placing on the market or for transit through the Union territory.
In order to avoid the introduction of animal diseases into the Union it is necessary to perform documentary, identity and physical checks on transhipped consignments of animals in ports or airports at the border control post where the first transhipment takes place.
Taking into account the risks to human and animal health associated with transhipped consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products and the need to ensure an efficient operation of official controls on such consignments it is appropriate to establish time period during which documentary checks should be carried out by the competent authorities of the border control post of transhipment. The calculation of time for the transhipment period should start when consignment arrives at the port or airport of the Member State. Where non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected the competent authorities of the border control post of transhipment should perform documentary, identity and physical checks.
With a view to ensuring an efficient operation of official controls and taking into account the risks to plant health associated with transhipped consignments of plants, plant products and other objects referred to in points (c) and (e) Article 47(1) of Regulation (EU) 2017/625, it is appropriate to establish time limits after which documentary checks may be carried out by the competent authorities of the border control post of transhipment. The calculation of time for the transhipment period should start when consignment arrives at the port or airport of the Member State. Where non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected the competent authorities of the border control post of transhipment should perform documentary, identity and physical checks.
It is appropriate to provide that unless all checks on transhipped consignments of plants, plant products and other objects referred to in points (c) and (e) Article 47(1) of Regulation (EU) 2017/625 which are intended to be placed on the market in the Union have been performed at the border control post of transhipment based on the suspicion of non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625, the competent authorities of the border control post of introduction into the Union should perform documentary, identity and physical checks.
In order to reduce the administrative burden, operators responsible for transhipped consignments should be able to transmit to the competent authorities of the border control post of transhipment information on the identification and location of the goods in the port or airport, the estimated time of arrival, the estimated time of departure and the destination of their consignment. In such cases, the Member States should be equipped with an information system which enables them to consult the information provided by the operators and to verify that the time limits for carrying out documentary checks have not been exceeded.
The risks to public and animal health are low in the case of food and feed of non-animal origin subject to measures or acts referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625, which are transhipped from a vessel or aircraft under customs supervision to another vessel or aircraft in the same port or airport. It is therefore appropriate to provide that in this case documentary, identity and physical checks should take place not at the border control post of transhipment, but at a later stage at the border control post of introduction into the Union. Accordingly, the operator responsible for the consignment should give prior notification of the arrival of the consignments by completing and submitting the relevant part of the CHED in the information management system for official controls (F1appropriate computerised information management system) for transmission to the competent authorities of the border control post of introduction.
In order to protect animal health and welfare, consignments of animals in transit from one third country to another third country passing under custom supervision through the Union territory should be subject to documentary, identity and physical checks at the border control post of first arrival into the Union, and such transit should only be authorised subject to the favourable outcome of those checks.
With a view to protecting human and animal health, consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products in transit from one third country to another third country passing through the Union territory should be subject to documentary and identity checks at the border control post. Such transit should be authorised subject to certain conditions, including the favourable outcome of checks at the border control post, with a view to ensuring the proper control of risks at the border and during transit, and ultimately ensuring that such goods leave the Union territory.
In order to protect plant health the consignments of plants, plant products and other objects referred to in points (c) and (e) of Article 47(1) of Regulation (EU) 2017/625 in transit from one third country to another third country and passing through the Union territory should be subject to risk based documentary and physical checks at the border control post. Such transit should be authorised subject to certain conditions, including the favourable outcome of checks at the border control post.
In the interests of transparency, Member States should maintain and keep up-to-date in the F1appropriate computerised information management system a list of all approved warehouses, indicating their name and address, the category of goods for which they are approved and the approval number. The approved warehouses should be subject to regular official controls performed by the competent authorities with a view to ensure that the conditions for their approval are maintained.
In order to ensure that consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products are actually delivered on board the vessels, including military vessels, leaving the Union, the competent authority of the port of destination or the representative of the master of the vessel upon completion of delivery should confirm delivery to the competent authorities of the border control post of introduction into the Union or of the warehouse where such goods have been temporarily stored. Such confirmation should be provided by countersigning the official certificate or by electronic means. Where consignments are not delivered to the vessel, as they missed the vessel in port or due to logistical problems, the competent authority of the warehouse or border control post of introduction into the Union should be permitted to authorise the return of the consignment to the place of dispatch.
In some Member States due to the geographical situation, the transit of animals and goods takes place under specific conditions laid down in rules for the entry into the Union of certain animals, germinal products, animal by-products and products of animal origin. Specific control procedures and conditions are therefore necessary to support the enforcement of those requirements.
It is necessary to lay down conditions under which consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products for which transit through the Union territory had been authorised, but which are rejected by the third country of destination should be permitted to be returned directly to the border control post which authorised their transit through the Union or to the warehouses where such goods were stored on Union territory before their rejection by the third country.
With a view to ensuring the proper communication and the division of responsibilities between different authorities and operators the relevant part of the CHED should be completed. Part I should be completed by the operator responsible for the consignment and transmitted to the competent authorities of the border control post before the arrival of the consignment. Part II should be completed by the competent authorities as soon as the checks referred in this Regulation have been performed and a decision is taken on the consignment and recorded therein. Part III should be completed by the competent authorities of the border control post of exit or final destination or local competent authority as soon as the checks referred in this Regulation have been performed.
In order to ensure that consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products coming from the territory of Croatia and transiting through the territory of Bosnia and Herzegovina at Neum (‘Neum corridor’) are intact before entering the territory of Croatia via the points of entry at Klek or Zaton Doli, the competent authority should perform checks on the seals of the vehicles or transport containers and record the date and time of departure and arrival of the vehicles transporting goods.
When consignments of certain goods referred to in points (b), (c), (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625 are intended to be placed on the market in the Union or to transit through the Union, in certain cases, Union legislation provides that their transport from the border control post of arrival to the establishment at the place of destination or the border control post of exit and their arrival at their place of destination is to be monitored. In order to prevent any risk for public and animal health the competent authorities of the border control post of introduction into the Union should monitor that consignments arrive to the destination within 15 days.
One of the purposes of Regulation (EU) 2017/625 is to have rules laid down in a single act rather than scattered in several acts, which makes those rules easier to understand and apply. This Regulation follows the same approach and avoids the need for a number of cross-references between different acts, and it thus increases transparency. Various supplementing rules laid down in this draft act are interconnected and are to be applied in tandem. This is particularly the case for the rules on transit, and these rules will apply from the same date. Having these supplementing rules laid down in a single act also avoids the risk of duplication of rules.
Since Regulation (EU) 2017/625 applies from 14 December 2019, this Regulation should also apply from that date,
HAS ADOPTED THIS REGULATION:
CHAPTER ISubject matter, scope and definitions
Article 1Subject matter and scope
1.
This Regulation lays down:
(a)
rules establishing the cases where and the conditions under which, the competent authorities of a border control post may authorise the onward transportation of consignments of the following categories of goods F2from a third country to the place of final destination in F3Great Britain or the Crown Dependencies pending the availability of the results of laboratory analyses and tests carried out as part of the physical checks referred to in Article 49(1) of Regulation (EU) 2017/625:
- (i)
plants, plant products, and other objects referred to in F4... Articles 72(1) and 74(1) of Regulation (EU) 2016/2031;
- (ii)
plants, plant products and other objects subject to an emergency measure referred to in point (e) of Article 47(1) of Regulation (EU) 2017/625;
- (iii)
food and feed of non-animal origin subject to the measures provided for by the acts F5, 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)
rules establishing the cases where and the conditions under which, identity checks and physical checks of animals arriving by air or sea F6from a third country and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into F7Great Britain;
(c)
specific rules for official controls at border control posts of transhipped consignments of animals and the following categories of goods:
- (i)
products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products;
- (ii)
plants, plant products, and other objects as referred in F8... Articles 72(1) and 74(1) of Regulation (EU) 2016/2031;
- (iii)
plants, plant products, and other objects subject to an emergency measure provided for by the Articles of Regulation (EU) 2016/2031 referred to in point (e) of Article 47(1) of Regulation (EU) 2017/625;
- (iv)
food and feed of non-animal origin subject to measures F9provided for by the acts or regulations (as the case may be) referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625;
(d)
specific rules for controls of consignments in transit of animals and of the following categories of goods:
- (i)
products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products;
- (ii)
plants, plant products, and other objects referred to in F10... Articles 72(1) and 74(1) of Regulation (EU) 2016/2031;
- (iii)
plants, plant products, and other objects subject to an emergency measure provided for by the point (e) of Article 47(1) of Regulation (EU) 2017/625.
2.
This Regulation shall apply to vertebrate and invertebrate animals with the exception of:
(a)
(b)
F11Article 1ADisapplication for relevant goods entering Great Britain from a relevant third country during the transitional staging period
1.
This Regulation does not apply to relevant goods entering Great Britain during the transitional staging period from a relevant third country to be placed on the market in Great Britain or the Crown Dependencies where such goods have been the subject of any requisite notification prior to their entry into Great Britain.
2.
Where the condition in paragraph 3 is satisfied, this Regulation does not apply to relevant goods which—
(a)
enter Great Britain during the transitional staging period from a relevant third country, to travel to:
(i)
a third country (including a NATO or US military base located in a third country), whether directly or through another part of the British Islands;
(ii)
a NATO or US military base located in the territory of Great Britain or any of the territories of the Crown Dependencies; or
(iii)
a vessel leaving the territories of Great Britain and, if applicable, the Crown Dependencies to travel to a third country, where the consignment is intended for ship supplying purposes; and
(b)
have been the subject of any requisite notification prior to their entry into Great Britain.
3.
The condition referred to in paragraph 2 is that the operator responsible for the consignment undertakes to notify the competent authority of the point of entry into Great Britain when the consignment:
(a)
leaves the territory of Great Britain or, if applicable, the Crown Dependencies to travel to a third country (including a NATO or US military base located in a third country), whether directly or through another part of the British Islands;
(b)
is transported to a NATO or US military base located in the territory of Great Britain or any of the territories of the Crown Dependencies; or
(c)
is transported to a vessel leaving the territories of Great Britain and, if applicable, the Crown Dependencies to travel to a third country, where the consignment is intended for ship supplying purposes.
4.
In this Article ‘relevant goods’, ‘relevant third country’ and ‘the transitional staging period’ have the meanings given in Annex 6 to Regulation (EU) 2017/625.
Article 2Definitions
For the purposes of this Regulation, the following definitions apply:
- (1)
‘common health entry document’ or ‘CHED’ means the common health entry document, which is used for the prior notification of the arrival of consignments at the border control post, and which is used to record the outcome of official controls performed and of decisions taken by the competent authorities in relation to the consignment which it accompanies;
- (2)
‘transhipped consignments’ means consignments of animals or goods entering F12Great Britain by sea or by air transport from a third country, when those animals or goods are moved from a vessel or aircraft and are transported under customs supervision to another vessel or aircraft in the same port or airport in preparation for onward travel;
- (3)
‘warehouse’ means:
- (a)
F13a customs warehouse;
- (aa)
a warehouse in a free zone as defined in paragraph 2(5) of Schedule 2 to the Taxation (Cross-border Trade) Act 2018;
- (ab)
a temporary storage facility; or
- (b)
a warehouse specialised in supplying goods for NATO or US military bases;
- (a)
- (3A)
F14‘customs warehouse’ means premises approved by HMRC as referred to in paragraphs 2 and 3 of Schedule 2 to the Taxation (Cross-border Trade) Act 2018;
- (3B)
‘temporary storage facility’ has the meaning given in section 25A of the Customs and Excise Management Act 1979;
- (4)
‘onward transportation’ means the movement of consignments of goods from a border control post to their place of final destination in F15Great Britain or the Crown Dependencies pending the availability of the results of laboratory analyses and tests;
- (5)
‘onward transportation facility’ means the facility at the place of final destination in F16Great Britain or the Crown Dependencies or at a place situated under the remit of the same competent authority as the place of final destination, designated by the F17competent authority for the place of final destination for the storage of consignments of goods subject to onward transportation prior to the release for free circulation of such consignments;
- (6)
F18‘appropriate computerised information management system’ means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625;
- (7)
‘border control post of introduction into F19Great Britain’ means the border control post where animals and goods are presented for official controls and through which they enter F20Great Britain from a third country for subsequent placing on the market F21in Great Britain or the Crown Dependencies or for transit through the F22territories of Great Britain and, where applicable, the Crown Dependencies and which may be the border control post of first arrival into F19Great Britain;
- (8)
‘F23GB regulated non-quarantine pest’ means a pest that fulfils all the conditions listed in Article 36 of the Regulation (EU) 2016/2031;
- (8A)
F24‘GB quarantine pest’ has the meaning given by Article 4 of Regulation (EU) 2016/2031;
- (8B)
‘provisional GB quarantine pest’ has the meaning given in Article 30(A1) of Regulation (EU) 2016/2031;
- (8C)
‘PFA quarantine pest’ has the meaning given by Article 32(1) of Regulation (EU) 2016/2031;
- (8D)
‘GB pest-free area’ has the meaning given in Article 2(31) of Regulation (EU) 2016/2031;
- (9)
‘approved warehouse’ means a warehouse approved by the competent authorities as provided for in Article 23 of this Regulation;
- (10)‘specified pathogen-free eggs’ means hatching eggs which are derived from chicken flocks free from specified pathogens, as described in the European Pharmacopoeia22, and which are intended solely for diagnostic, research or pharmaceutical use;
- (11)
F25‘the competent authority’ has the meaning given in Article 3(3) of Regulation (EU) 2017/625 of the European Parliament and of the Council;
- (12)
‘Crown Dependencies’ means the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man;
- (13)
‘third country’ has the meaning given in Article 3(2D) of Regulation (EU) 2017/625.
CHAPTER IIOnward transportation of consignments of plants, plant products and other objects and of food and feed of non-animal origin as referred to in point (a) of Article 1(1)
SECTION 1Conditions for onward transportation
Article 3Operators’ obligations before onward transportation authorisation
1.
Requests for the authorisation for onward transportation shall be made by the operator responsible for the consignments of goods referred to in point (a) of Article 1(1) to the competent authorities of the border control post of introduction into F26Great Britain prior to arrival of the consignment at the border control post. Such request shall be made by giving notification as referred to in point (a) of Article 56(3) of Regulation (EU) 2017/625 by completing Part I of the CHED.
2.
For consignments of goods referred to in point (a) of Article 1(1) which are selected for sampling and laboratory analysis at the border control post, the operator responsible for the consignments may make a request for the authorisation for onward transportation to the competent authorities of the border control post of introduction into F26Great Britain by completing Part I of the CHED.
Article 4Authorisation for onward transportation
The competent authorities of the border control post of introduction into F26Great Britain may authorise the onward transportation of consignments of goods referred to in point (a) of Article 1(1) provided that the following conditions are fulfilled:
- (a)
the outcome of the documentary checks, identity checks and physical checks, other than of the laboratory analyses and tests carried out as part of those physical checks, performed at the border control post is satisfactory;
- (b)
the operator responsible for the consignment has requested the onward transportation as provided for in Article 3.
Article 5Operators’ obligations after authorisation for onward transportation
When the competent authorities of the border control post of introduction into F26Great Britain authorise the onward transportation of the consignments of goods referred to in point (a) of Article 1(1), the operator responsible for the consignment shall:
- (a)
complete Part I of a separate CHED for the same consignment, linked in the F1appropriate computerised information management system to the CHED referred to in Article 3, by declaring therein the means of transport and the date of arrival of the consignment at the selected onward transportation facility;
- (b)
submit the CHED referred to in point (a) in the F1appropriate computerised information management system for transmission to the competent authorities of the border control post which has authorised the onward transportation.
Article 6Conditions for transportation and storage of consignments subject to onward transportation
1.
The operator responsible for the consignments authorised for onward transportation in accordance with Article 4 shall ensure that:
(a)
during transport to, and storage at, the onward transportation facility, the consignment is not tampered with in any manner;
(b)
the consignment is not subject to any alteration, processing, substitution or change of packaging;
(c)
the consignment does not leave the onward transportation facility pending the decision on the consignment being taken by the competent authorities of the border control post in accordance with Article 55 of Regulation (EU) 2017/625.
2.
The operator responsible for the consignment shall transport the consignment under customs supervision directly from the border control post of introduction into F27Great Britain to the onward transportation facility, without the goods being unloaded during transport, and shall store it in the onward transportation facility.
3.
The operator responsible for the consignment shall ensure that the packaging or the means of transport of the consignment of plants, plant products and other objects referred to in point (a)(i) and (ii) of Article 1(1) has been closed or sealed in such a way that, during their transport to and storage at the onward transportation facility:
(a)
(b)
they do not become infested or infected by non-quarantine pests.
4.
The operator responsible for the consignment shall ensure that a copy, on paper or in electronic form, of the CHED referred to in Article 3 accompanies the consignment from the border control post of introduction into F29Great Britain to the onward transportation facility.
5.
The operator responsible for the consignment shall notify the competent authorities at the place of final destination of the arrival of consignment at the onward transportation facility.
6.
After the competent authorities of the border control post of introduction into F30Great Britain have authorised the onward transportation of the consignment to the onward transportation facility, the operator responsible for the consignment shall not transport the consignment to a onward transportation facility that is different from the one indicated in the CHED, unless the competent authorities of the border control post of introduction into F30Great Britain authorise the change in accordance with Article 4 and provided that the conditions laid down in paragraphs 1 to 5 of this Article are complied with.
Article 7Operations to be carried out by the competent authorities of the border control post after authorisation of onward transportation
1.
When authorising the onward transportation of a consignment in accordance with Article 4, the competent authorities of the border control post of introduction into F31Great Britain shall notify the competent authorities at the place of final destination of the transportation of the consignment by submitting the CHED referred to in Article 3 into the F1appropriate computerised information management system.
2.
Upon finalisation of the CHED referred to in Article 5 of this Regulation in accordance with Article 56(5) of Regulation (EU) 2017/625, the competent authorities of the border control post of introduction into F31Great Britain shall immediately notify the competent authorities at the place of final destination through the F1appropriate computerised information management system.
3.
Where the consignment does not comply with the rules referred to in Article 1(2) of Regulation (EU) 2017/625, the competent authorities of the border control post of introduction into F31Great Britain shall take measures in accordance with Article 66(3) to (6) of that Regulation.
4.
Where the competent authorities of the border control post of introduction into F31Great Britain have not received confirmation from the competent authorities of the place of destination of the arrival of a consignment within a period of 15 days from the date on which the consignment was authorised for onward transportation to the onward transportation facility, they shall:
(a)
verify with the competent authorities at the place of destination whether or not the consignment has arrived at onward transportation facility;
(b)
inform the customs authorities of the non-arrival of the consignment;
(c)
undertake further investigation to determine the actual location of the consignment in cooperation with customs authorities and other authorities in accordance with Article 75(1) of Regulation (EU) 2017/625.
Article 8Operations to be carried out by the competent authorities at the place of final destination
1.
The competent authorities at the place of final destination shall confirm the arrival of the consignment at the onward transportation facility by completing in the F1appropriate computerised information management system Part III of the CHED referred to in Article 3.
2.
The competent authorities at the place of final destination shall place consignments which do not comply with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 under official detention in accordance with Article 66(1) of that Regulation, and shall take all necessary steps to apply the measures ordered by the competent authorities of the border control post in accordance with Article 66(3) and (4) of that Regulation.
F323.
This Article applies where the place of final destination is in Great Britain.
SECTION 2Onward transportation facilities
Article 9Conditions for the designation of onward transportation facilities
1.
F33A competent authority in Great Britain may designate onward transportation facilities for consignments of one or more categories of goods as referred to in point (a) of Article 1(1), provided that they comply with the following requirements:
(a)
they are customs warehouses or temporary storage facilities F34...;
(b)
where the designation concerns:
- (i)
food of non-animal origin referred to in point (a)(iii) of Article 1(1) of this Regulation, the onward transportation facilities are registered with the competent authority as provided for in Article 6(2) of Regulation (EC) No 852/2004;
- (ii)
feed of non-animal origin referred to in point (a)(iii) of Article 1(1) of this Regulation, the onward transportation facilities are registered with the competent authority as provided for in Article 9(2) of Regulation (EC) No 183/2005;
(c)
they have the necessary technology and equipment for the efficient operation of the F1appropriate computerised information management system.
2.
Where onward transportation facilities cease to comply with the requirements referred to in paragraph 1, F35the competent authority shall:
(a)
temporarily suspend the designation pending the implementation of corrective actions or permanently withdraw the designation for all or some of the categories of goods for which the designation was made;
(b)
ensure that information on the onward transportation facilities referred to in Article 10 is updated accordingly.
Article 10Registration of designated onward transportation facilities in the F1appropriate computerised information management system
F36The competent authority shall maintain and keep up-to-date in the F1appropriate computerised information management system the list of onward transportation facilities designated in accordance with Article 9(1), and provide the following information:
- (a)
the name and address of the onward transportation facility;
- (b)
the category of goods for which it is designated.
CHAPTER IIIOnward travel of animals staying on the same means of transport and transhipped consignments of animals and goods
Article 11Documentary checks, identity checks and physical checks of consignments of animals staying on the same means of transport
1.
The competent authorities of the border control post shall perform documentary checks on originals or copies of official certificates or documents that are required to accompany consignments of animals which arrive by air or sea F37from a third country and stay on the same means of transport for onward travel, where such animals are intended to be placed on the market in F38Great Britain or in the Crown Dependencies, or to transit through F39Great Britain and, where applicable, the Crown Dependencies.
2.
The competent authorities referred to in paragraph 1 shall return to the operator responsible for the consignment the official certificates or documents on which they performed documentary checks to allow such official certificates or documents to accompany the consignment for onward travel.
3.
When non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected, the competent authorities of the border control post shall perform documentary checks, identity checks and physical checks on the consignments.
Documentary checks shall be performed on original official certificates or documents that are required to accompany the consignment of animals as provided for by the rules referred to F40in point (d) of Article 1(2) of Regulation (EU) 2017/625.
4.
The competent authorities of the border control post of introduction into F41Great Britain shall perform documentary checks, identity checks and physical checks, except where documentary checks, identity checks and physical checks have been performed at another border control post in accordance with paragraph 3.
Article 12Documentary checks, identity checks and physical checks of transhipped consignments of animals
The competent authorities of the border control post of transhipment shall perform documentary checks, identity checks and physical checks of transhipped consignments of animals.
Article 13Documentary checks, identity checks and physical checks of transhipped consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products
1.
The competent authorities of the border control post of transhipment shall perform documentary checks on originals or copies of official certificates or documents that are required to accompany transhipped consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products in the following cases:
(a)
for goods subject to the animal health requirements and the rules for the prevention and minimisation of risks to human and animal health arising from animal by-products and derived products referred to in points (d) and (e) of Article 1(2) of Regulation (EU) 2017/625 where the transhipment period:
- (i)
at the airport exceeds 3 days;
- (ii)
at the port exceeds 30 days;
(b)
for goods other than those referred to in point (a), where the transhipment period exceeds 90 days.
2.
The competent authorities referred to in paragraph 1 shall return to the operator responsible for the consignment the official certificates or documents on which they performed documentary checks to allow such official certificates or documents to accompany the consignment for onward travel.
3.
Where the competent authorities of the border control post of transhipment F42suspect non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625, they shall perform documentary checks, identity checks and physical checks on the consignment.
Those documentary checks shall be performed on original official certificates or documents where such official certificates or documents are required to accompany the consignment, as provided for by the rules referred to in Article 1(2) of Regulation (EU) 2017/625.
4.
Where a consignment intended for dispatch to third countries exceeds the time period referred to in paragraph 1 and where it does not comply with the rules referred to in Article 1(2) of Regulation (EU) 2017/625, the competent authorities of the border control post shall order the operator either to destroy the consignment or to ensure that it leaves the F43territory of Great Britain to be transported to a third country without delay.
5.
The competent authorities of the border control post of introduction into F44Great Britain shall perform the documentary, identity and physical checks provided for in Article 49(1) of Regulation (EU) 2017/625 of goods intended to be placed on the F45market in Great Britain or the Crown Dependencies, except where documentary checks, identity checks and physical checks have been performed at another border control post in accordance with paragraph 3.
6.
The competent authorities of the border control post of introduction into F46Great Britain shall perform checks referred in Article 19 of goods intended for transit through the F47territory of Great Britain and, where applicable, the Crown Dependencies, except where documentary checks, identity checks and physical checks have been performed at another border control post in accordance with paragraph 3.
Article 14Storage of transhipped consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products
Operators shall ensure that consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products are only stored during the transhipment period either in:
- (i)
the customs or free zone area of the same port or airport in sealed containers; or
- (ii)commercial storage facilities under the control of the same border control post, in compliance with the conditions laid down in Article 3(11) and (12) of Commission Implementing Regulation (EU) 2019/101423.
Article 15Documentary checks, identity checks and physical checks of transhipped consignments of plants, plant products and other objects
1.
The competent authorities of the border control post of transhipment shall perform documentary checks on a risk basis of transhipped consignments of plants, plant products and other objects referred to in point (c)(ii) and (iii) of Article 1(1) where the transhipment period exceeds 3 days at the airport or 30 days at the port.
2.
The competent authorities referred to in paragraph 1 shall return to the operator responsible for the consignment the official certificates or documents on which they performed documentary checks to allow the official certificates or documents to accompany the consignment for onward travel.
3.
Where non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected, the competent authorities of the border control post of transhipment shall perform documentary checks, identity checks and physical checks on the consignment.
4.
The documentary checks, identity checks and physical checks shall be performed at the border control post of introduction into F48Great Britain, except where documentary checks, identity checks and physical checks have been performed at another border control post in accordance with paragraph 3.
Article 16Notification of information before the transhipment period expires
1.
For consignments intended for transhipment within the periods referred to in Articles 13(1) and 15(1), the operator responsible for the consignments shall provide notification before the arrival of the consignments to the competent authorities of the border control post of transhipment through the F1appropriate computerised information management system or another information system designated by the competent authorities for that purpose, indicating the following:
(a)
the information necessary for the identification and location of the consignment in the airport or port;
(b)
the identification of the means of transportation;
(c)
the estimated time of arrival and departure of the consignment;
(d)
the destination of the consignment.
2.
For the purposes of the notification referred to in paragraph 1, the competent authorities shall designate an information system which allows the competent authorities of the border control post of transhipment to:
(a)
consult the information provided by operators;
(b)
verify in respect of each consignment that the transhipment periods provided for in Articles 13(1) and 15(1) are not exceeded.
3.
In addition to the prior notification provided for in paragraph 1 of this Article, the operator responsible for the consignment shall also notify the competent authorities of the border control post of transhipment by completing and submitting the relevant part of the CHED in the F1appropriate computerised information management system as provided for in Article 56 of Regulation (EU) 2017/625 in the following cases:
(a)
the transhipment period referred to in Articles 13(1) and 15(1) has expired; or
(b)
the competent authorities of the border control post of transhipment inform the operator responsible for the consignment of their decision to perform documentary checks, identity checks and physical checks based on a suspicion of non-compliance as provided for in Article 13(3) or 15(3).
Article 17Documentary checks, identity checks and physical checks of transhipped consignments of food and feed of non-animal origin
1.
The competent authorities of the border control post of introduction into F49Great Britain shall perform documentary checks, identity checks and physical checks on transhipped consignments of food and feed of non-animal origin subject to the measures provided for by the acts F50, or regulations (as the case may be), referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625.
2.
The operator responsible for the consignment shall give prior notification of the arrival of the consignment of goods referred to in paragraph 1 of this Article as provided for in Article 56(4) of Regulation (EU) 2017/625, to the competent authorities of the border control post of introduction into F49Great Britain.
CHAPTER IVTransit of animals and goods from one third country to another third country, passing through the F51territory of Great Britain
SECTION 1Official controls at the border control post of introduction into F52Great Britain
Article 18Documentary checks, identity checks and physical checks of consignments of animals in transit
The competent authorities of the border control post of introduction into F53Great Britain shall only authorise the transit of consignments of animals from one third country to another third country, passing through the territory of F53Great Britain where documentary checks, identity checks and physical checks have been favourable.
Article 19Conditions for the authorisation of transit of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products
The competent authorities of the border control post of introduction into F54Great Britain shall only authorise the transit of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products F55from one third country to another third country subject to compliance with the following conditions:
- (a)
the goods comply with the applicable requirements laid down in the rules referred to in points (d) and (e) of Article 1(2) of Regulation (EU) 2017/625;
- (b)
the consignment has been subjected to documentary checks and identity checks at the border control post with favourable results;
- (c)
the consignment has been subjected to physical checks at the border control post, where non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 was suspected;
- (d)
the consignment is accompanied by the CHED, and leaves the border control post in vehicles or transport containers sealed by the authority at the border control post;
- (e)
the consignment must be directly transported under customs supervision, without the goods being unloaded or split, within a maximum period of 15 days from the border control post to one of the following destinations:
- (i)
to a border control post in order to leave the F56territory of Great Britain to be transported to a third country;
- (ii)
to an approved warehouse;
- (iii)
to a NATO or US military base located in the F57territory of Great Britain or any of the territories of the Crown Dependencies;
- (iv)
to a vessel leaving the F58territory of Great Britain to travel to a third country where the consignment is intended for ship supplying purposes.
- (i)
Article 20Follow-up measures by the competent authorities
The competent authorities of the border control post of introduction into F59Great Britain which have not received, within a period of 15 days from the date on which transit was authorised at the border control post, confirmation of the arrival of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products at one of the destinations referred to in points (e)(i) to (iv) of Article 19, shall:
- (a)
verify with the competent authorities at the place of destination whether or not the consignment has arrived at the place of destination;
- (b)
inform the customs authorities of the non-arrival of the consignment;
- (c)
undertake further investigation to determine the actual location of the consignment in cooperation with customs authorities and other authorities in accordance with Article 75(1) of Regulation (EU) 2017/625.
Article 21Transportation of consignments to a vessel leaving the F60territory of Great Britain to travel to a third country
1.
2.
In the case where several consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products are delivered together to the same vessel, the competent authorities of the border control post of introduction into F64Great Britain may issue one single official certificate as referred to in paragraph 1 which shall accompany such consignments to the vessel, provided that it has indicated the reference of the CHED for each consignment.
Article 22Documentary checks and physical checks of plants, plant products and other objects in transit
1.
Where consignments of plants, plant products and other objects referred to in point (d)(ii) and (iii) of Article 1(1) are presented for transit F65from one third country to another third country at a border control post of introduction into F66Great Britain, the competent authorities of that border control post may authorise the transit of such plants, plant products, and other objects, provided that the consignments are transported under customs supervision.
2.
The competent authorities of the border control post referred to in paragraph 1 shall perform the following checks on a risk basis:
(a)
documentary checks of the signed declaration referred to in point (a) of Article 47(1) of Regulation (EU) 2016/2031;
(b)
physical checks of the consignments to ensure that it is adequately packed and transported as referred to in point (b) of Article 47(1) of Regulation (EU) 2016/2031.
3.
Where official controls are performed, the competent authorities shall authorise the transit of the goods referred to in paragraph 1 provided that the consignments:
(a)
comply with Article 47 of Regulation (EU) 2016/2031;
(b)
are transported to the point of exit from F67Great Britain under customs supervision.
4.
The operator responsible for consignments of plants, plant products and other objects referred to in paragraph 1 shall ensure that the packaging or the means of transport of the consignments is closed or sealed in such a way that, during their transport to and storage at warehouses:
(a)
the plants, plant products and other objects cannot cause an infestation or an infection to other plants, plant products or other objects with F68GB quarantine pests or provisional GB quarantine pests and, in the case of GB pest-free areas, with the PFA quarantine pest in respect of which the area was established;
(b)
plants, plant products and other objects cannot become infested or infected by the pests referred in point (a).
SECTION 2Conditions for the storage of consignments in transit in approved warehouses
Article 23Conditions for the approval of warehouses
1.
The competent authorities shall approve the warehouses for the storage of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products for which transit has been authorised in accordance with Article 19.
2.
The competent authorities shall only approve warehouses referred to in paragraph 1 that comply with the following requirements:
(a)
the warehouses storing products of animal origin, composite products, animal by-products and derived products must comply with either:
- (i)
the hygiene requirements laid down in Article 4 of Regulation (EC) No 852/2004; or
- (ii)
the requirements laid down in points (b) and (c) of Article 19 of Regulation (EU) No 142/2011;
(b)
they must have been authorised, approved or designated by the customs authorities in accordance with F69section 25 or 100A of the Customs and Excise Management Act 1979, Article 51 of Council Regulation (EEC) No 2913/92, or paragraphs 2 and 3 of Schedule 2 to the Taxation (Cross-border Trade) Act 2018;
(c)
the warehouses must consist of a closed space with entrances and exits subject to permanent control by the operators;
(d)
the warehouses must possess storage or refrigeration rooms allowing for the separate storage of the goods referred to in paragraph 1;
(e)
the warehouses must have arrangements for the daily logging of all consignments entering or leaving the facilities, with details of the nature and quantity of the goods, the name and address of the recipients and copies of the CHED and certificates accompanying the consignments; the warehouses must keep those records for a period at least of three years;
(f)
all goods referred to in paragraph 1 must be identified by labelling or by electronic means with the reference number of the CHED accompanying the consignment; those goods must not be subjected to any alteration, processing, substitution or change of packaging;
(g)
the warehouses must have the technology and equipment necessary for the efficient operation of the F1appropriate computerised information management system;
(h)
the operators of the warehouses shall provide premises and the means of communication necessary to enable them to perform official controls and other official activities effectively, upon request by the competent authority.
3.
Where warehouses no longer comply with the requirements laid down in paragraph 2, the competent authority shall withdraw or temporary suspend the approval of the warehouse.
Article 24Transportation of goods from warehouses
The operator responsible for the consignment shall transport the consignments of goods referred to in Article 23(1) from approved warehouses to one of the following destinations:
- (a)
a border control post in order to leave the F70territory of Great Britain to go to:
- (i)
a NATO or US military base; or
- (ii)
any other destination F71in a third country;
- (i)
- (b)
another approved warehouse;
- (c)
a NATO or US military base located in the F72territory of Great Britain or any of the territories of the Crown Dependencies;
- (d)
a vessel leaving the F73territory of Great Britain to travel to a third country, where, the consignments are intended for ship supplying purposes;
- (e)a place where the consignments are to be disposed of in accordance with Chapter II of Title I of Regulation (EC) No 1069/2009 of the European Parliament and of the Council25.
Article 25Maintaining and keeping up-to-date the list of approved warehouses
Article 26Official controls in warehouses
1.
The competent authorities shall perform regular official controls in approved warehouses to verify the compliance with the requirements for approval laid down in Article 23.
2.
The competent authorities responsible for official controls in approved warehouses shall verify the effectiveness of the systems in place to ensure the traceability of consignments, including by comparing the quantities of goods entering and leaving warehouses.
3.
The competent authorities shall verify that consignments moved to or stored in warehouses are accompanied by the relevant CHED and authenticated paper or electronic copy of the official certificate as referred to in Article 50(2) of Regulation (EU) 2017/625.
4.
When consignments arrive at approved warehouses, the competent authorities shall:
(a)
perform an identity check to confirm that the consignment corresponds to the relevant information in the accompanying CHED;
(b)
verify that the seals fixed on the vehicles or transport containers, in accordance with point (d) of Article 19 or point (d) of Article 28, are still intact;
(c)
record the outcome of identity checks in Part III of the CHED and communicate that information through the F1appropriate computerised information management system.
Article 27Operators’ obligations at warehouses
1.
The operator responsible for the consignment shall inform the competent authorities of the arrival of the consignment at the approved warehouse.
2.
By way of derogation from paragraph 1, the competent authority may exempt the operator responsible for the approved warehouse from the obligation to inform competent authorities of the arrival of the consignment at the warehouse provided that the operator is approved by the customs authorities as an authorised economic operator referred to in Article 38 of Regulation (EU) No 952/2013 F75or Part 9 of the Customs (Import Duty) (EU Exit) Regulations 2018.
3.
By way of derogation from paragraph 1, the competent authority may exempt consignments from identity checks provided that the operator responsible for the consignment is approved by the customs authorities as an authorised economic operator referred to in Article 38 of Regulation (EU) No 952/2013 F76or Part 9 of the Customs (Import Duty) (EU Exit) Regulations 2018.
4.
The operator responsible for the consignment shall ensure that goods referred in paragraph 1 moved to or stored in the warehouses are accompanied by the relevant CHED and authenticated paper or electronic copy of the official certificate as referred to in Article 50(2) of Regulation (EU) 2017/625.
Article 28Conditions for transportation of goods from warehouses to third countries, other warehouses and disposal places
The operator responsible for the consignment shall transport the goods referred to in Article 23(1) from the approved warehouse to one of the destinations referred to in points (a)(ii), (b) and (e) of Article 24 provided that the following requirements are fulfilled:
- (a)
the operator responsible for the consignment submits the CHED through the F1appropriate computerised information management system for the entire consignment and declares therein the means of transport and the place of destination; where the initial consignment is split at the warehouse, the operator responsible for the consignment must submit the CHED through the F1appropriate computerised information management system for each part of the split consignment and declare therein the quantity, means of transport and place of destination for the relevant part of the split consignment;
- (b)
the competent authorities must authorise the movement and finalise the CHED for:
- (i)
the entire consignment, or
- (ii)
individual parts of the split consignment, provided that the total sum of the quantities declared in the CHEDs issued for the individual parts does not exceed the total quantity set out in the CHED for the entire consignment;
- (i)
- (c)
the operator responsible for the consignment must ensure that, in addition to the CHED accompanying the consignment, an authenticated copy of the official certificate which accompanied the consignment to the warehouse, as referred to in Article 27(4), travels onwards with the consignment unless an electronic copy of the official certificate was uploaded into the F1appropriate computerised information management system and was verified by the competent authorities of the border control post of introduction into F77Great Britain; where the initial consignment is split and the copy of the official certificate was not uploaded into the F1appropriate computerised information management system by the competent authorities of the border control post of introduction into F77Great Britain, the competent authorities issue the operator responsible for the consignment authenticated copies of the official certificate in order to accompany the parts of the split consignment to their destinations;
- (d)
the operator responsible for the consignment transports the goods under customs supervision from the warehouses in vehicles or transport containers sealed by the competent authorities;
- (e)
the operator responsible for the consignment transports the goods directly from the warehouse to the place of destination without the goods being unloaded or split, within a maximum period of 15 days from the date of authorisation of transportation.
Article 29Conditions for transportation of goods from warehouses to NATO or US military bases and vessels leaving the F78territory of Great Britain to travel to a third country
The operator responsible for the consignment shall transport the goods referred to in Article 23(1) from the approved warehouses to one of the destinations referred to in points (a)(i),(c) and (d) of Article 24 provided that the following requirements are fulfilled:
- (a)
the operator responsible for the warehouse declares the movement of the goods to the competent authorities by completing Part I of the official certificate referred to in point (c);
- (b)
the competent authority authorises the movement of the goods and issues to the operator responsible for the consignment a finalised official certificate referred to in point (c), that may be used for the delivery of the consignment containing goods derived from more than one consignment of origin or product categories;
- (c)
the operator responsible for the consignment ensures that, an official certificate in accordance with the model F79referred to in Article 2 of Implementing Regulation (EU) 2019/2128 accompanies the consignment to its place of destination;
- (d)
the operator responsible for the consignment transports the goods under customs supervision;
- (e)
the operator responsible for the consignment transports the goods from the warehouses in vehicles or transport containers which were sealed under the supervision of the competent authorities.
Article 30Follow-up measures by the competent authorities
The competent authorities of a warehouse which have not received, within a period of 15 days from the date on which transit from the warehouse was authorised, confirmation of arrival of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products at one of the destinations referred to in Article 24, shall:
- (a)
verify with the competent authorities at places of destination whether or not the consignment has arrived;
- (b)
inform the customs authorities of the non-arrival of the consignments;
- (c)
undertake further investigation to determine the actual location of the goods in cooperation with customs authorities and other authorities in accordance with Article 75(1) of Regulation (EU) 2017/625.
Article 31Monitoring of delivery of goods to a vessel leaving the F80territory of Great Britain to travel to a third country
1.
The competent authorities of the border control post of introduction into F81Great Britain or of the warehouse shall notify the dispatch of consignments of goods referred to in Article 19 and Article 23(1) and their place of destination to the competent authority of the port of destination, through the F1appropriate computerised information management system.
2.
The operator may unload consignments of the goods referred to in Article 19 and Article 23(1) at the port of destination before the delivery of the consignments to the vessel leaving the F80territory of Great Britain to travel to a third country provided that the operation is authorised and supervised by the customs authority, and the conditions of delivery indicated in the notification referred to in paragraph 1 are met.
3.
Upon completion of delivery on board the vessel of the consignments of goods referred to in paragraph 1, the competent authority of the port of destination or the representative of the master of the vessel shall confirm the delivery to the competent authorities of the border control post of introduction into F82Great Britain or of the warehouse, either by:
(a)
countersigning the official certificate referred to in point (c) of Article 29; or
4.
The representative referred to in paragraph 3 or the operator responsible for the delivery of the consignment to the vessel leaving the F80territory of Great Britain to travel to a third country shall return, within a period of 15 days from the date of delivery of the consignment, the countersigned official certificate referred to in paragraph 3(a), to the competent authorities of the border control post of introduction into F84Great Britain or of the warehouse.
5.
The competent authority of the port of destination, the competent authorities of border control post of introduction into F85Great Britain or the competent authority of the warehouse shall verify that the confirmation of delivery referred to in paragraph 3 is recorded in the F1appropriate computerised information management system or that the countersigned documents referred to in point (a) of paragraph 3 are returned to the competent authorities of the border control post of introduction into F85Great Britain or to the competent authority of the warehouse.
SECTION 3Official controls at the border control post where goods leave the F86territory of Great Britain to be transported to a third country
Article 32Operator’s obligations to present goods leaving the F87territory of Great Britain for official controls
1.
Operators shall present products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products which leave the F87territory of Great Britain to be transported to a third country for official controls to the competent authorities of the border control post indicated in the CHED, at a location indicated by those competent authorities of the border control post.
2.
Operators shall present the goods referred to in paragraph 1 which leave the F87territory of Great Britain to be dispatched to a NATO or US military base located in a third country, for official controls to the competent authorities of the border control post indicated in the official certificate F88prepared in accordance with the model F89referred to in Article 2 of Implementing Regulation (EU) 2019/2128.
Article 33Official controls at the border control post where goods leave the F90territory of Great Britain to be transported to a third country
1.
The competent authorities of the border control post where F91products of animal origin, germinal products, animal by-products, F92derived products, hay and straw and composite products leave the F90territory of Great Britain to be transported to a third country shall perform an identity check to ensure that the consignment presented corresponds to the consignment referred to in the CHED or in the official certificate referred to in Article 29(c) accompanying the consignment. In particular, they shall verify that the seals fixed on the vehicles or transport containers, in accordance with point (d) of Article 19, point (d) of Article 28 or point (e) of Article 29 are still intact.
2.
The competent authorities of the border control post where goods referred in paragraph 1 leave the F90territory of Great Britain to be transported to a third country shall record the outcome of official controls in part III of the CHED or F93the relevant part of the official certificate prepared in accordance with the model referred to in Implementing Regulation (EU) 2019/2128. The competent authorities of the border control post responsible for checks referred in paragraph 1 shall record the outcome of these controls in the F1appropriate computerised information management system.
SECTION 4Derogations for consignments in transit
F94Article 34Transit of certain animals and certain goods
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 35Transit of goods to NATO or US military base located in the F95territory of Great Britain or any of the territories of the Crown Dependencies
1.
Products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products destined for a NATO or US military base located in the F95territory of Great Britain or any of the territories of the Crown Dependencies, shall be presented by the operator responsible for the consignment for official controls at the NATO or US military base indicated in the CHED or in the accompanying official certificate F96prepared in accordance with the model F97referred to in Article 2 of Implementing Regulation (EU) 2019/2128.
F981A.
Where the competent authority responsible for controls at the NATO or US military base at the place of destination performs the controls in paragraph 2 and does not enter the outcome of these controls in the appropriate computerised information management system, the competent authority of the border control post which authorised the movement of goods to the NATO or US military base must make such entry promptly upon receiving notification of the outcomes of such controls.
2.
F99The controls referred to in paragraph 1A are an identity check to confirm that the consignment corresponds to the one covered by the CHED or by the accompanying official certificate F100prepared in accordance with the model F101referred to in Article 2 of Commission Implementing F102Regulation (EU) 2019/2128, including verification that the seals fixed on the vehicles or transport containers, in accordance with point (d) of Article 19 and point (e) of Article 29, are still intact. F103....
F104Article 36Transit of goods refused by a third country after their transit through the Union
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER VTransit of animals and goods from F105Great Britain to any of the Crown Dependencies or from any of the Crown Dependencies to Great Britain, and passing through the territory of a third country
Article 37Transit of animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products
1.
The competent authorities F106... shall ensure that consignments of animals and products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products, which are moved from F107Great Britain to any of the Crown Dependencies or from any of the Crown Dependencies to Great Britain, passing through the territory of a third country are transported under customs supervision.
2.
The operators responsible for consignments referred to in paragraph 1 F108from any of the Crown Dependencies which have passed through the territory of a third country shall present the consignments when they are F109introduced into Great Britain to:
(a)
to the competent authorities of a border control post designated for any category of the animals and the goods referred to in paragraph 1; or
(b)
a location, indicated by the competent authorities referred to in point (a), which is in the close vicinity of the border control post.
3.
The competent authorities of the border control post of F110introduction into Great Britain shall:
(a)
perform a documentary check to verify the origin of the animals and goods comprising the consignment;
(b)
where required by the rules referred to in points (d) and (e) of Article 1(2) of Regulation (EU) 2017/625, verify the animal health status of the third countries through which the consignments have transited and the relevant official certificates and documents accompanying the consignments;
(c)
where required by the rules referred to in points (d) and (e) of Article 1(2) of Regulation (EU) 2017/625, perform an identity check to verify that the seals put on the vehicles or transport containers are still intact.
4.
When non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected, the competent authorities of the border control post of F111introduction into Great Britain shall perform in addition identity checks and physical checks in addition to those provided for in paragraph 3.
5.
6.
The competent authority at the exit point from F115Great Britain shall:
(a)
perform the checks where required by the rules referred to in points (d) and (e) of Article 1(2) of Regulation (EU) 2017/625;
(b)
stamp the official certificate accompanying the consignment with the following wording ‘ONLY FOR TRANSIT BETWEEN F116GREAT BRITAIN AND THE CHANNEL ISLANDS OR THE ISLE OF MAN VIA [third country name]’.
F117Article 38Neum corridor
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER VIFinal provisions
Article 39Repeals
Decisions 2000/208/EC and 2000/571/EC, and Implementing Decision 2011/215/EU are repealed with effect from 14 December 2019.
F118Article 40Amendments to Decision 2007/777/EC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F118Article 41Amendments to Regulation (EC) No 798/2008
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F118Article 42Amendments to Regulation (EC) No 1251/2008
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F118Article 43Amendments to Regulation (EC) No 119/2009
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F118Article 44Amendments to Regulation (EU) No 206/2010
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F118Article 45Amendments to Regulation (EU) No 605/2010
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F118Article 46Amendments to Regulation (EU) No 142/2011
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F118Article 47Amendments to Regulation (EU) No 28/2012
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F118Article 48Amendments to Implementing Regulation (EU) 2016/759
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Article 49Entry into force and date of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 14 December 2019.
F119...
Done at Brussels, 10 October 2019.
For the Commission
The President
Jean-Claude Juncker