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CHAPTER IU.K.Identity checks and physical checks performed at control points other than the border control posts

Article 2U.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 [F1have] 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 [F2appropriate 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), [F453(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 [F5provided 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 [F6the appropriate computerised information management system] by the competent authorities of the third country or uploaded in [F6the 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.

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Textual Amendments

Article 3U.K.Identity and physical checks on consignments of food and feed of non-animal origin performed at a control point other than the border control post

1.Identity checks and physical checks on consignments of food and feed of non-animal origin which are subject to the measures provided for by the acts [F8and regulations] referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625 may be performed by the competent authorities at a control point other than a border control post, where either of the following applies:

(a)the operator responsible for the consignment has requested the competent authorities of the border control post that identity checks and physical checks be carried out at the control point, which has been designated for the category of goods of such consignment, and the competent authorities of the border control post authorise the transfer of the consignment to that control point;

(b)the competent authorities of the border control post have decided that identity checks and physical checks be performed at the control point, which has been designated for the category of goods of such consignment and the operator does not object to this decision.

2.The identity checks and physical checks referred in paragraph 1 shall be performed by the competent authorities of the border control post if either of the following applies:

(a)there is no authorisation by the competent authority of the border control post as referred in paragraph 1(a),

(b)the operator objects to the decision to transfer the consignment to the control point as referred in paragraph 1(b).

Textual Amendments

Article 4U.K.Identity and physical checks on consignments of plants, plant products and other objects performed at a control point other than the border control post

1.Identity checks and physical checks may be performed by the competent authorities at a control point other than the border control post on consignments of:

(a)plants, plant products, and other objects referred to in Articles 72(1) and 74(1) of Regulation (EU) 2016/2031,

(b)plants, plant products, and other objects subject to an emergency measure provided for in acts adopted in accordance with [F9, or regulations made under,] Articles 28(1), 30(1), 40(3), 41(3), 49(1), [F1053(2)] and 54(3) of Regulation (EU) 2016/2031.

2.The identity checks and physical checks referred to in paragraph 1 may be performed by the competent authorities at a control point other than a border control post where either of the following applies:

(a)the operator responsible for the consignment has requested the competent authorities of the border control post that identity checks and physical checks be carried out at a control point, which has been designated for the category of goods of such consignment, and the competent authorities of the border control post authorise the transfer of the consignment to the control point;

(b)the competent authorities of the border control post have decided that identity checks and physical checks be performed at a control point, which has been designated for the category of goods of such consignment and the operator does not object to this decision.

3.The identity checks and physical checks referred to in paragraph 1 shall be performed by the competent authorities of the border control post if either of the following applies:

(a)there is no authorisation by the competent authority of the border control post as referred in paragraph 2(a),

(b)the operator objects to the decision to transfer consignment to the control point as referred in paragraph 2(b).

Textual Amendments

Article 5U.K.Specific conditions for identity checks and physical checks at a control point other than the border control post of consignments of plants, plant products and other objects

1.The identity checks and physical checks may be performed at a control point for consignments referred to in Article 4(1) provided the operator has ensured that packaging or the means of transport of consignments are closed or sealed in such a way that, during their transfer to the control point they cannot cause infestation of or infection to other plants, plant products or other objects with [F11GB 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.]

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Textual Amendments

Article 6U.K.Operations during and after identity and physical checks at a control point other than the border control post

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 [F14the 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) F15... 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 [F16provide 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