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Regulation (EU) 2017/625 of the European Parliament and of the CouncilDangos y teitl llawn

Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance)

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CHAPTER VU.K.Official controls on animals and goods entering [F1Great Britain]

Article 43U.K.Official controls on animals and goods entering [F2Great Britain]

Official controls on animals and goods entering [F3Great Britain] shall be organised on a risk basis. In relation to animals and goods referred to in Articles 47 and 48, such official controls shall be performed in accordance with Articles 47 to 64.

Textual Amendments

Section IU.K.Animals and goods other than those subject to official controls at border control posts under section II

Article 44U.K.Official controls on animals and goods other than those subject to official controls at border control posts under Section II

1.To ascertain compliance with the rules referred to in Article 1(2), the competent authorities shall perform official controls regularly, on a risk basis and with appropriate frequency, on animals and goods entering [F4Great Britain] and to which Articles 47 and 48 do not apply.

2.On animals and goods referred to in paragraph 1 the appropriate frequency of the official controls shall be determined, taking into account:

(a)the risks to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment, associated with different types of animals and goods;

(b)any information indicating the likelihood that consumers might be misled, in particular as to the nature, identity, properties, composition, quantity, durability, country of origin or place of provenance, method of manufacture or production of goods;

(c)the history of compliance with the requirements established by the rules referred to in Article 1(2) applicable to the animals or goods concerned:

((i)of the third country and establishment of origin or place of production, as appropriate;

((ii)of the exporter;

((iii)of the operator responsible for the consignment;

(d)the controls that have already been performed on the animals and goods concerned; and

(e)the guarantees that the competent authorities of the third country of origin have given with regard to compliance of the animals and goods with the requirements established by the rules referred to in Article 1(2) or with requirements recognised to be at least equivalent thereto.

3.The official controls provided for in paragraph 1 shall be performed at an appropriate place within the customs territory of the [F5United Kingdom], including:

(a)the point of entry into [F6Great Britain];

(b)a border control post;

(c)the point of release for free circulation in [F7Great Britain];

(d)the warehouses and the premises of the operator responsible for the consignment;

(e)the place of destination.

4.Notwithstanding paragraphs 1 and 3, the competent authorities at border control posts and other points of entry into [F8Great Britain] shall perform official controls on the following whenever they have reason to believe that their entry into [F8Great Britain] may pose a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment:

(a)means of transport, including where empty; and

(b)packaging, including pallets.

5.The competent authorities may also perform official controls on goods that are placed under one of the customs procedures defined in point (16)(a), (b) and (c) of Article 5 of Regulation (EU) No 952/2013 and in a temporary storage defined in point (17) of Article 5 of that Regulation.

Textual Amendments

Article 45U.K.Types of official controls on animals and goods other than those subject to official controls at border control posts under Section II

1.Where official controls are performed in accordance with Article 44(1), they shall:

(a)always include a documentary check; and

(b)include identity checks and physical checks depending on the risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment.

2.The competent authorities shall carry out the physical checks referred to in point (b) of paragraph 1 under appropriate conditions allowing investigations to be conducted properly.

3.Where the documentary checks, identity checks or physical checks referred to in paragraph 1 of this Article show that animals and goods do not comply with the rules referred to in Article 1(2), Article 66(1), (3) and (5), Articles 67, 68, and 69, Article 71(1) and (2), Article 72(1) and (2), Articles 137 and 138 shall apply.

4.The [F9appropriate authority may make regulations] to supplement this Regulation concerning the cases where and the conditions under which competent authorities may request operators to notify the arrival of certain goods entering [F10Great Britain].

Textual Amendments

Article 46U.K.Samples taken on animals and goods other than those subject to official controls at border control posts under Section II

1.Where samples on animals and goods are taken, the competent authorities shall, without prejudice to Articles 34 to 42:

(a)inform the operators concerned and, where appropriate, the customs authorities; and

(b)decide whether the animals or goods need to be detained pending the results of the analysis, test or diagnosis carried out, or whether they can be released provided that the traceability of the animals or goods is ensured.

2.The [F11appropriate authority may make regulations to]:

(a)establish the procedures necessary to ensure the traceability of the animals or goods referred to in point (b) of paragraph 1; and

(b)identify the documents that must accompany the animals or goods referred to in paragraph 1 when samples have been taken by the competent authorities.

F12...

Textual Amendments

Section IIU.K.Official controls at border control posts on animals and goods

Article 47U.K.Animals and goods subject to official controls at border control posts

1.To ascertain compliance with the rules referred to in Article 1(2), the competent authorities shall perform official controls, at the border control post of first arrival into [F13Great Britain from a third country], on each consignment of the following categories of animals and goods entering [F14Great Britain]:

(a)animals;

[F15(b) products of animal origin, germinal products, animal by-products, hay and straw and foodstuffs containing both products of plant origin and processed products of animal origin ( ‘ composite products ’ );]

(c)plants, plant products, and other objects as referred to in the lists established pursuant to Articles 72(1) and 74(1) of Regulation (EU) 2016/2031;

(d)goods from certain third countries for which the [F16appropriate authority has decided, by making regulations under] point (b) of paragraph 2 of this Article, that a measure requiring a temporary increase of official controls at their entry into [F17Great Britain] is necessary due to a known or emerging risk or because there is evidence that widespread serious non-compliance with the rules referred to in Article 1(2) might be taking place;

(e)animals and goods which are subject to an emergency measure provided for in acts adopted in accordance with Article 53 of Regulation (EC) No 178/2002, Article 249 of Regulation (EU) 2016/429, or Articles 28(1), 30(1), 40(3), 41(3), 49(1), 53(3) and 54(3) of Regulation (EU) 2016/2031 requiring consignments of those animals or goods, identified by means of their codes from the [F18classification system applicable in the United Kingdom, as amended from time to time, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border Trade) Act 2018 or under any other enactment], to be subject to official controls at their entry into [F19Great Britain];

(f)animals and goods in relation to whose entry into [F20Great Britain] conditions or measures have been established by acts adopted in accordance with Article 126 or 128 respectively, or with the rules referred to in Article 1(2), which require that compliance with those conditions or measures be ascertained at the entry of the animals or goods into [F20Great Britain].

2.The [F21appropriate authority may make regulations which]:

(a)establish lists which set out all the animals and goods referred to in points (a) and (b) of paragraph 1, indicating their codes from the [F22classification system applicable in the United Kingdom, as amended from time to time, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border Trade) Act 2018 or under any other enactment]; and

(b)establish the list of goods belonging to the category referred to in point (d) of paragraph 1, indicating their codes from the [F23classification system applicable in the United Kingdom, as amended from time to time, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border Trade) Act 2018 or under any other enactment], and update it as necessary in relation to the risks referred to in that point.

[F24Those regulations may also make provision for the appropriate authority from time to time to specify and publish online either or both of the lists referred to in this paragraph.]

3.The [F25appropriate authority may make regulations amending] this Regulation concerning amendments to the categories of consignments referred to in paragraph 1 of this Article, to include composite products, hay and straw, and other products strictly limited to products presenting a newly identified or a significantly increased risk to human, animal or plant health or, as regards GMOs and plant protection products, also to the environment.

4.Unless otherwise provided by the acts establishing the measures or conditions referred to in points (d), (e) and (f) of paragraph 1, this Article shall also apply to consignments of the categories of animals and goods referred to in points (a), (b) and (c) of paragraph 1 when they are of a non-commercial nature.

5.Operators responsible for the consignment shall ensure that animals and goods of the categories referred to in paragraph 1 are presented for official controls at the border control post referred to therein.

Textual Amendments

Article 48U.K.Animals and goods exempted from official controls at border control posts

The [F26appropriate authority may make regulations] to supplement this Regulation concerning rules establishing the cases where, and the conditions under which, the following categories of animals and goods are exempted from Article 47, and when such exemption is justified:

(a)

goods sent as trade samples or as display items for exhibitions, which are not intended to be placed on the market;

(b)

animals and goods intended for scientific purposes;

(c)

goods on board means of transport operating internationally which are not unloaded and are intended for consumption by the crew and passengers;

(d)

goods which form part of passengers personal luggage and are intended for personal consumption or use;

(e)

small consignments of goods sent to natural persons which are not intended to be placed on the market;

(f)

pet animals as defined in point (11) of Article 4 of Regulation (EU) 2016/429;

(g)

goods which have undergone specific treatment and do not exceed quantities to be established in those delegated acts;

(h)

categories of animals or goods posing a low risk or no specific risk and for which controls at border control posts are therefore not necessary.

Textual Amendments

Article 49U.K.Official controls at border control posts

1.To verify compliance with the applicable requirements laid down in the rules referred to in Article 1(2), the competent authorities shall perform official controls on the consignments of the categories of animals and goods referred to in Article 47(1) upon arrival [F27from a third country] of the consignment at the border control post. Those official controls shall include documentary checks, identity checks and physical checks.

2.Physical checks shall be performed where those checks concern:

(a)animals, except aquatic animals, or meat and edible meat offal, by an official veterinarian, who may be assisted by staff trained in accordance with the requirements established under paragraph 5 in veterinary matters and designated by the competent authorities for that purpose;

(b)aquatic animals, products of animal origin other than the ones referred to in point (a) of this paragraph, germinal products or animal by-products, by an official veterinarian or by staff trained in accordance with the requirements established under paragraph 5 and designated by the competent authorities for that purpose;

(c)plants, plant products and other objects, by an official plant health officer.

3.The competent authorities at border control posts shall systematically perform official controls on consignments of animals being transported and on means of transport to verify compliance with the animal welfare requirements laid down in the rules referred to in Article 1(2). Competent authorities shall put in place arrangements to give priority to official controls on animals being transported and to reduce delays on such controls.

4.The [F28appropriate authority may make regulations laying] down rules on the practical arrangements for presentation of consignments of the categories of animals and goods referred to in Article 47(1), the transport units or sub-entities which can constitute an individual consignment and the maximum number of such transport units or sub-entities in each consignment, taking into account the need to ensure the rapid and efficient handling of the consignments and the official controls to be performed by the competent authorities and, where relevant, international standards. F29...

5.The [F30appropriate authority may make regulations] to supplement this Regulation concerning rules establishing specific training requirements for staff referred to in paragraph 2 of this Article for the performance of the physical checks at the border control posts.

Textual Amendments

Article 50U.K.Certificates and documents accompanying consignments and split consignments

1.The original official certificates or documents, or electronic equivalents, which are required by the rules referred to in Article 1(2) to accompany consignments of the categories of animals and goods referred in Article 47(1) shall be presented to, and kept by, the competent authorities of the border control post unless otherwise provided for in the rules referred to in Article 1(2).

2.The competent authorities of the border control post shall issue the operator responsible for the consignment with an authenticated paper or electronic copy of the official certificates or documents referred to in paragraph 1 or, if the consignment is split, with individually authenticated paper or electronic copies of such certificates or documents.

3.Consignments shall not be split until official controls have been performed and the Common Health Entry Document (CHED) referred to in Article 56 has been finalised in accordance with Article 56(5) and Article 57.

4.The [F31appropriate authority may make regulations] to supplement this Regulation concerning rules establishing the cases where, and the conditions under which, the CHED is required to accompany consignments of the categories of animals and goods referred to in Article 47(1) to the place of destination.

Textual Amendments

Article 51U.K.Specific rules for official controls at border control posts

1.The [F32appropriate authority may make regulations] to supplement this Regulation concerning rules to establish:

(a)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 categories of animals and goods referred to in Article 47(1) to the place of final destination pending the availability of the results of physical checks, where such checks are required;

(b)the time limits and arrangements for carrying out documentary checks and, where necessary, identity checks and physical checks on categories of animals and goods subject to the official controls provided for in Article 47(1) which enter [F33Great 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 (‘transhipped consignments’);

(c)the cases where, and the 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 [F34in Great Britain];

(d)the cases where, and the conditions under which, the transit of consignments of the categories of animals and goods referred to in Article 47(1) may be authorised and certain official controls to be performed at border control posts on such consignments, including the cases and conditions for the storage of goods in specially approved customs warehouses or in free zones;

(e)the cases where, and the conditions under which, derogations from the rules on identity checks and physical checks shall apply as regards transhipped consignments and transit of consignments of the goods referred to in point (c) of Article 47(1).

2.The [F35appropriate authority may make regulations] to supplement this Regulation concerning rules to establish the cases where, and the conditions under which, derogations from the rules on documentary checks shall apply as regards transhipped consignments and transit of consignments of the goods referred to in point (c) of Article 47(1).

Textual Amendments

Article 52U.K.Details of documentary checks, identity checks and physical checks

For the purposes of ensuring the uniform implementation of Articles 49, 50 and 51, the [F36appropriate authority may make regulations laying] down detailed rules on the operations to be carried out during and after the documentary checks, identity checks and physical checks referred to in those Articles to ensure the efficient performance of those official controls. F37...

Textual Amendments

Article 53U.K.Official controls not performed at border control posts

1.The [F38appropriate authority may make regulations] to supplement this Regulation concerning rules establishing the cases where and the conditions under which:

(a)identity checks and physical checks on consignments of the categories of animals and goods referred to in Article 47(1) may be performed by competent authorities at control points other than border control posts provided that those control points comply with the requirements provided for in Article 64(3) and in the implementing acts adopted in accordance with Article 64(4) [F39which take effect as retained direct EU legislation, or, as the case may be, regulations made under that Article];

(b)physical checks on consignments which have undergone documentary checks and identity checks at a border control post of first arrival into the [F40United Kingdom] may be performed at another border control post in a different [F41constituent territory of Great Britain];

(c)identity checks and physical checks on consignments which have undergone documentary checks at a border control post of first arrival into the [F42United Kingdom] may be performed at another border control post in a different [F43constituent territory of Great Britain];

(d)specific control tasks may be performed by customs authorities or other public authorities, insofar as those tasks are not already falling under the responsibility of those authorities, on:

(i)

consignments referred to in Article 65(2);

(ii)

passengers’ personal luggage;

(iii)

goods ordered by sales through distance contracts, including by telephone or via the internet;

(iv)

pet animals which meet the conditions laid down in Article 5 of Regulation (EU) No 576/2013 of the European Parliament and of the Council(1);

(e)documentary checks on consignments of plant, plant products and other objects referred to in point (c) of Article 47(1) may be performed at distance from a border control post.

2.Point (b) of Article 56(3), point (a) of Article 57(2), Article 59(1), points (a) and (d) of Article 60(1) and Articles 62 and 63 shall also apply to the control points referred to in point (a) of paragraph 1 of this Article.

Textual Amendments

Article 54U.K.Frequency of documentary checks, identity checks and physical checks

1.All consignments of the categories of animals and goods referred to in Article 47(1) shall be subject to documentary checks.

2.Identity checks and physical checks shall be performed on consignments of the categories of animals and goods referred to in Article 47(1) at a frequency dependent on the risk posed by each animal, good or category of animals or goods to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment.

3.The [F44appropriate authority may make regulations laying] down rules for the uniform application of the appropriate frequency rate referred to in paragraph 2 [F45, which may also include provision for the appropriate authority to set the appropriate frequency rates by publication of those rates online, as amended from time to time]. Those rules shall ensure that those frequencies are higher than a zero frequency and shall establish:

(a)the criteria and the procedures for determining and modifying the frequency rates of identity checks and physical checks to be performed on consignments of the categories of animals and goods referred to in points (a), (b) and (c) of Article 47(1) and to adjust them to the level of risk associated with those categories, having regard to:

(i)

information collected by the [F46appropriate authority] in accordance with Article 125(1);

(ii)

the outcome of controls performed F47... in accordance with Article 120(1) [F48by experts appointed by the appropriate authority];

(iii)

operators’ past record as regards compliance with the rules referred to in Article 1(2);

(iv)

data and information collected via [F49the appropriate computerised information management system] referred to in Article 131;

(v)

available scientific assessments; and

(vi)

any other information regarding the risk associated to the categories of animals and goods;

(b)the conditions under which [F50competent authorities] may increase the frequency rates of identity checks and physical checks established in accordance with point (a) so as to take account of local risk factors;

(c)the procedures for ensuring that the frequency rates of identity checks and physical checks established in accordance with point (a) are applied in a timely and uniform manner.

F51...

4.The [F52appropriate authority may make regulations laying] down rules on:

(a)the frequency of identity checks and physical checks for the categories of goods referred to in point (d) of Article 47(1); and

(b)the frequency of identity checks and physical checks for the categories of animals and goods referred to in points (e) and (f) of Article 47(1) as long as this is not already provided for in the acts referred to therein.

[F53Regulations under this paragraph may also make provision for the competent authority from time to time to specify and publish online the minimum frequency of the performance of official controls.]

Textual Amendments

Article 55U.K.Decisions on consignments

1.A decision shall be taken by the competent authorities on each consignment of the categories of animals and goods referred to in Article 47(1) following the performance of official controls including documentary and, where necessary, identity checks and physical checks, indicating whether the consignment is in compliance with the rules referred to in Article 1(2) and, where relevant, the applicable customs procedure.

2.Decisions on consignments shall be taken by:

(a)an official veterinarian where they concern animals, products of animal origin, germinal products or animal by-products; or

(b)an official plant health officer where they concern plants, plant products and other objects.

3.By way of derogation from point (a) of paragraph 2, competent authorities may decide that the decision on consignments of fishery products, live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods intended for human consumption, be taken by appropriately trained staff who have been specifically designated by competent authorities for that purpose.

Article 56U.K.Use of the Common Health Entry Document (CHED) by the operator and by the competent authorities

1.For each consignment of the categories of animals and goods referred to in Article 47(1) the operator responsible for the consignment shall complete the relevant part of the CHED, providing the information necessary for the immediate and complete identification of the consignment and its destination.

2.References in this Regulation to the CHED include a reference to its electronic equivalent.

3.The CHED shall be used by:

(a)the operators responsible for consignments of the categories of animals and goods referred to in Article 47(1) in order to give prior notification to the competent authorities of the border control post of arrival of those consignments [F54from a third country]; and

(b)the competent authorities of the border control post, in order to:

(i)

record the outcome of the official controls performed and any decisions taken on that basis, including the decision to reject a consignment;

(ii)

communicate the information referred to in point (i) through the [F55appropriate computerised information management system].

4.Operators responsible for the consignment shall give prior notification in accordance with point (a) of paragraph 3 by completing and submitting the relevant part of the CHED into the [F56appropriate computerised information management system] for transmission to the competent authorities of the border control post prior to the physical arrival of the consignment [F57in Great Britain].

5.The competent authorities of the border control post shall finalise the CHED as soon as:

(a)all official controls required by Article 49(1) have been performed;

(b)the results from physical checks, where such checks are required, are available; and

(c)a decision on the consignment has been taken in accordance with Article 55 and recorded on the CHED.

Textual Amendments

Article 57U.K.Use of the CHED by customs authorities

1.The placing and handling of consignments of the categories of animals and goods referred to in Article 47(1) under a customs procedure, including the entry or handling in customs warehouses or free zones, shall be subject to the presentation of the CHED by the operator responsible for the consignment to the custom authorities, without prejudice to the exemptions referred to in Article 48 and the rules referred to in Articles 53 and 54. At this stage, the CHED shall have been duly finalised in the [F58appropriate computerised information management system] by the competent authorities of the border control post.

2.Customs authorities shall:

(a)not allow the placing of the consignment under a customs procedure different from the one indicated by the competent authorities of the border control post; and

(b)without prejudice to the exemptions referred to in Article 48 and the rules referred to in Articles 53 and 54, only allow the release for free circulation of a consignment upon presentation of a duly finalised CHED which confirms that the consignment is in compliance with the applicable rules referred to in Article 1(2).

3.Where a customs declaration is made for a consignment of the categories of animals or goods referred to in Article 47(1) and the CHED is not presented, the customs authorities shall detain the consignment and immediately notify the competent authorities of the border control post. The competent authorities shall take the necessary measures in accordance with Article 66(6).

Textual Amendments

Article 58U.K.Format, time requirements and specific rules for the use of the CHED

The [F59appropriate authority may make regulations laying] down rules on:

(a)

the format of the CHED and the instructions for its presentation and use, taking into account relevant international standards; and

(b)

the minimum time requirements for prior notification of consignments by operators responsible for the consignment as provided for in point (a) of Article 56(3) in order to enable the competent authorities of the border control post to perform official controls in a timely and effective manner.

F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 59U.K.Designation of border control posts

1.[F61Competent authorities] shall designate border control posts for the purpose of performing official controls on one or more of the categories of animals and goods referred to in Article 47(1).

[F622.The competent authority must notify the other competent authorities of the constituent territories of the British Islands before designating a border control post.]

F633.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F634.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F635.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 60U.K.Listing of border control posts

1.[F64The competent authority] shall make available on the internet up-to-date lists of border control posts on its territory, providing the following information for each border control post:

(a)its contact details;

(b)its opening hours;

(c)its exact location and whether it is a port, airport, rail or road entry point; and

(d)the categories of animals and goods referred to in Article 47(1) which are included in the scope of its designation.

F652.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66Article 61U.K.Withdrawal of approvals for, and re-designation of, existing border control entities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 62U.K.Withdrawal of the designation of border control posts

1.Where border control posts cease to comply with the requirements referred to in Article 64, the [F67competent authorities] shall:

(a)withdraw the designation provided for in Article 59(1) for all or for certain categories of animals and goods for which the designation was made; and

(b)remove those border control posts from the lists referred to in Article 60(1), for the categories of animals and goods for which the designation is withdrawn.

2.[F68The competent authority must inform the other competent authorities of the constituent territories of the British Islands] of the withdrawal of the designation of a border control post as provided for in paragraph 1 and of the reasons for such withdrawal.

F693.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.This Article shall be without prejudice to [F70competent authorities'] competence to decide on the withdrawal of designation of border control posts for reasons other than those referred to in this Regulation.

Textual Amendments

Article 63U.K.Suspension of the designation of border control posts

1.[F71A competent authority] shall suspend the designation of a border control post and order its activities to be stopped, for all or for certain categories of animals and goods for which the designation was made, in cases where such activities may result in a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment. In the case of a serious risk, the suspension shall be with immediate effect.

2.[F72The competent authority must immediately inform the other competent authorities of the constituent territories of the British Islands] of any suspension of the designation of a border control post and the reasons for such a suspension.

3.[F73The competent authority] shall indicate the suspension of the designation of a border control post in the lists referred to in Article 60(1).

4.[F74Competent authorities] shall remove the suspension provided for in paragraph 1 as soon as:

(a)[F75they] are satisfied that the risk referred to in paragraph 1 no longer exists; and

(b)they have communicated to the [F76other competent authorities of the constituent territories of the British Islands] the information on the basis of which the suspension is removed.

5.This Article shall be without prejudice to [F77competent authorities'] competence to decide on the suspension of designation of border control posts for reasons other than those referred to in this Regulation.

Textual Amendments

Article 64U.K.Minimum requirements for border control posts

1.Border control posts shall be located in the immediate vicinity of the point of entry into [F78Great Britain] and either in a place which is designated by the customs authorities in accordance with Article 135(1) and (2) of Regulation (EU) No 952/2013 or in a free zone.

2.The [F79appropriate authority may make regulations] to supplement this Regulation concerning the cases where and conditions under which a border control post may be situated at a distance other than in the immediate vicinity of the point of entry into [F78Great Britain] in cases of specific geographical constraints.

3.Border control posts shall have:

(a)a sufficient number of suitably qualified staff;

(b)premises or other facilities appropriate to the nature and volume of the categories of animals and goods handled;

(c)equipment and premises or other facilities to allow the performance of official controls for each of the categories of animals and goods for which the border control post has been designated;

(d)arrangements in place to ensure, as appropriate, access to any other equipment, premise and service necessary to apply the measures taken in accordance with Articles 65, 66 and 67 in cases of suspicion of non-compliance, non-compliant consignments or consignments presenting a risk;

(e)contingency arrangements to ensure the smooth operation of official controls and the effective application of the measures taken in accordance with Articles 65, 66 and 67 in cases of unforeseeable and unexpected conditions or events;

(f)the technology and equipment necessary for the efficient operation of the F80... computerised information management systems necessary for the handling and exchange of data and information;

(g)access to the services of official laboratories capable of providing analytical, testing and diagnostic results within appropriate deadlines and equipped with the information technology tools necessary to ensure the introduction of the results of analyses, tests or diagnoses carried out into the [F81computerised information management system] as appropriate;

(h)appropriate arrangements for the proper handling of different categories of animals and goods and to prevent risks which may result from cross-contamination; and

(i)arrangements to comply with relevant biosecurity standards in order to prevent the spread of diseases into [F78Great Britain].

4.The [F82appropriate authority may make regulations laying] down detailed rules on the requirements under paragraph 3 of this Article to take into account specific features and logistic needs related to the performance of official controls and to the application of the measures taken in accordance with Article 66(3) and (6) and Article 67 in relation to the different categories of animals and goods referred to in Article 47(1). F83...

5.The [F84appropriate authority may make regulations] to supplement this Regulation concerning the cases and conditions under which border control posts designated for the imports of unprocessed logs and sawn and chipped wood may be exempted from one or more of the obligations referred to in paragraph 3 of this Article to take into account the needs of competent authorities in charge of official controls operating under specific geographical constraints, while ensuring the proper performance of the controls.

Textual Amendments

Section IIIU.K.Action in the event of suspicion of Non-compliance and of Non-compliance of animals and goods entering [F85Great Britain]

Article 65U.K.Suspicion of non-compliance and intensified official controls

1.In the event of suspicion of non-compliance of consignments of the categories of animals and goods referred to in Articles 44(1) and 47(1) with the rules referred to in Article 1(2), the competent authorities shall perform official controls in order to confirm or to eliminate that suspicion.

2.Consignments of animals and goods which are not declared by operators to consist of the categories of animals and goods referred to in Article 47(1), shall be subject to official controls by the competent authorities where there is reason to believe that such categories of animals or goods are present in the consignment.

3.The competent authorities shall place the consignments referred to in paragraphs 1 and 2 under official detention pending the outcome of the official controls provided for in those paragraphs.

Where appropriate, those consignments shall be isolated or quarantined and animals shall be sheltered, fed, watered and as necessary treated, pending the outcome of the official controls.

4.Where the competent authorities have reasons to suspect fraudulent or deceptive practices by an operator responsible for the consignment or the official controls give grounds to believe that the rules referred to in Article 1(2) have been seriously or repeatedly infringed, they shall, where appropriate, and in addition to the measures provided for in Article 66(3), intensify as appropriate official controls on consignments with the same origin or use.

5.The competent authorities shall notify the [F86other competent authorities of the constituent territories of the British Islands, through the appropriate computerised information management system,] of their decision to perform intensified official controls, as provided for in paragraph 4 of this Article, indicating the reasons for their decision.

6.The [F87appropriate authority may make regulations laying] down rules on the procedures for the coordinated performance by competent authorities of the intensified official controls referred to in paragraphs 4 and 5 of this Article. F88...

Textual Amendments

Article 66U.K.Measures to be taken in cases of non-compliant consignments entering [F89Great Britain]

1.The competent authorities shall place under official detention any consignment of animals or goods entering [F90Great Britain] which does not comply with the rules referred to in Article 1(2) and shall refuse its entry into [F90Great Britain].

The competent authorities shall isolate or quarantine, as appropriate, any such consignment and the animals belonging to it shall be kept, cared for or treated under appropriate conditions pending any further decision. If possible, the competent authorities shall also take into account the interest of providing special care in respect of certain types of goods.

2.The [F91appropriate authority may make regulations laying] down rules on the practical arrangements for the isolation and quarantine provided for in the second subparagraph of paragraph 1 of this Article. F92...

3.The competent authority shall, as regards the consignment referred to in paragraph 1 order, without delay, the operator responsible for the consignment to:

(a)destroy the consignment;

(b)re-dispatch the consignment outside [F93Great Britain] in accordance with Article 72(1) and (2); or

(c)subject the consignment to special treatment in accordance with Article 71(1) and (2) or to any other measure necessary to ensure compliance with the rules referred to in Article 1(2), and, where appropriate, allocate the consignment for purposes other than those for which it was originally intended.

Any action referred to in points (a), (b) and (c) of the first subparagraph shall be performed in compliance with the rules referred to in Article 1(2), including in particular, as regards consignments of live animals, those intended to spare animals any avoidable pain, distress or suffering.

When the consignment consists of plants, plant products or other objects, points (a), (b) and (c) of the first subparagraph shall be applied either to the consignment or to lots thereof.

Before ordering the operator to take action in accordance with (a), (b) and (c) of the first subparagraph, the competent authority shall hear the operator concerned, unless immediate action is necessary in order to respond to a risk to human, animal or plant health, animal welfare or, as regards the GMOs and plant protection products, also to the environment.

4.Where the competent authority orders the operator to take one or more of the actions laid down in point (a), (b) or (c) of the first subparagraph of paragraph 3, that competent authority may exceptionally authorise the action to be taken in respect of a part of the consignment only, provided that the partial destruction, re-dispatch, special treatment, or other measure:

(a)is such as to ensure compliance;

(b)does not pose a risk to human, animal or plant health or to animal welfare or, as regards GMOs and plant protection products, also to the environment; and

(c)does not disrupt official control operations.

5.The competent authorities shall immediately notify any decision to refuse entry of a consignment as provided for in paragraph 1 of this Article, and any order issued in accordance with paragraphs 3 and 6 of this Article and with Article 67 to:

F94(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the competent authorities of the other [F95constituent territories of the British Islands];

(c)the customs authorities;

(d)the competent authorities of the third country of origin; and

(e)the operator responsible for the consignment.

That notification shall be performed via the [F96appropriate computerised information management system].

6.If a consignment of the categories of animals or goods referred to in Article 47(1) is not presented for the official controls referred to therein, or is not presented in accordance with the requirements laid down in Articles 50(1) and (3), 56(1), (3) and (4), or with the rules adopted under Article 48, Article 49(4), Article 51, Article 53(1) and Article 58, the competent authorities shall order that such consignment be retained or recalled, and placed under official detention without delay.

Paragraphs 1, 3 and 5 of this Article shall apply to such consignments.

7.The measures referred to in this Article shall be applied at the expense of the operator responsible for the consignment.

Textual Amendments

Article 67U.K.Measures to be taken on animals or goods entering [F97Great Britain] from third countries presenting a risk

Where official controls indicate that a consignment of animals or goods presents a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment, such consignment shall be isolated or quarantined and the animals belonging to it shall be kept, cared for or treated under appropriate conditions pending any further decision.

The competent authorities shall retain the consignment concerned under official detention and shall, without delay, order the operator responsible for that consignment to:

(a)

destroy the consignment in compliance with the rules referred to in Article 1(2), taking all the measures necessary to protect human, animal or plant health, animal welfare or the environment, and as regards live animals including in particular the rules on the sparing of any avoidable pain, distress or suffering; or

(b)

subject the consignment to special treatment in accordance with Article 71(1) and (2).

The measures referred to in this Article shall be applied at the expense of the operator responsible for the consignment.

Textual Amendments

Article 68U.K.Follow-up of decisions taken in relation to non-compliant consignments entering [F98Great Britain] from third countries

1.The competent authorities shall:

(a)invalidate the official certificates and as appropriate other relevant documents accompanying consignments which have been subject to measures pursuant to Article 66(3) and (6) and Article 67; and

(b)cooperate in accordance with Articles 102 to [F99107] to take any further measures necessary to ensure that it is not possible to reintroduce consignments into [F100the British Islands] which have been refused entry in accordance with Article 66(1).

2.The competent authorities in the [F101constituent territory of Great Britain] where the official controls were performed shall supervise the application of the measures ordered in accordance with Article 66(3) and (6) and Article 67 to ensure that the consignment does not give rise to adverse effects on human, animal or plant health, animal welfare, or the environment, during or pending the application of those measures.

Where appropriate, such application shall be completed under the supervision of the competent authorities of another [F102constituent territory of the British Islands].

Textual Amendments

Article 69U.K.Failure by the operator to apply the measures ordered by the competent authorities

1.The operator responsible for the consignment shall carry out all the measures ordered by the competent authorities in accordance with Article 66(3) and (6) and Article 67 without delay and, at the latest, within 60 days from the day on which the competent authorities notified the operator concerned of their decision in accordance with Article 66(5). The competent authorities may specify a shorter period than the period of 60 days.

2.If, after the expiry of the period referred to in paragraph 1, no action has been taken by the operator concerned, the competent authorities shall order:

(a)that the consignment be destroyed or subject to any other appropriate measure;

(b)in the cases referred to in Article 67, that the consignment be destroyed in suitable facilities located as close as possible to the border control post, taking all measures necessary to protect human, animal or plant health, animal welfare or the environment.

3.The competent authorities may extend the period referred to in paragraphs 1 and 2 of this Article for the time necessary to obtain the results of the second expert opinion referred to in Article 35, provided that this is without adverse effects to human, animal and plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment.

4.The measures referred to in this Article shall be applied at the expense of the operator responsible for the consignment.

Article 70U.K.Consistency of application of Articles 66, 67 and 68

The [F103appropriate authority may make regulations laying] down rules to ensure consistency across all border control posts referred to in Article 59(1), and control points referred to in point (a) of Article 53(1), of decisions and measures taken and orders issued by the competent authorities in accordance with Articles 66, 67 and 68 which are to be followed by the competent authorities when responding to common or recurring situations of non-compliance or risk. F104...

Textual Amendments

Article 71U.K.Special treatment of consignments

1.The special treatment of consignments provided for in point (c) of Article 66(3) and point (b) of Article 67 may, as appropriate, include:

(a)treatment or processing, including decontamination, where appropriate, but excluding dilution, so that the consignment complies with the requirements of the rules referred to in Article 1(2), or with the requirements of a third country of re-dispatch; or

(b)treatment in any other manner suitable for safe animal or human consumption or for purposes other than animal or human consumption.

2.The special treatment provided for in paragraph 1 shall:

(a)be carried out effectively and ensure the elimination of any risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment;

(b)be documented and carried out under the control of the competent authorities or, where appropriate, under the control of the competent authorities of another [F105constituent territory of the British Islands] by mutual agreement; and

(c)comply with the requirements laid down in the rules referred to in Article 1(2).

3.The [F106appropriate authority may make regulations] to supplement this Regulation concerning the requirements and the conditions in accordance with which the special treatment provided for in paragraph 1 of this Article is to take place.

F107...

Textual Amendments

Article 72U.K.Re-dispatch of consignments

1.The competent authorities shall allow the re-dispatch of consignments subject to compliance with the following conditions:

(a)the destination has been agreed with the operator responsible for the consignment;

(b)the operator responsible for the consignment has informed the competent authorities [F108concerned] in writing that the competent authorities of the third country of origin or, if different, the third country of destination have been informed of the reasons and circumstances for the refusal of the entry into [F109Great Britain] of the consignment of animals or goods concerned;

(c)where the third country of destination is not the third country of origin, the operator has obtained the agreement of the competent authorities of that third country of destination and those competent authorities have notified the competent authorities [F108concerned] that they are prepared to accept the consignment; and

(d)in the case of consignments of animals, the re-dispatch is in compliance with animal welfare requirements.

2.The conditions set out in points (b) and (c) of paragraph 1 of this Article shall not apply to consignments of the categories of goods referred to in point (c) of Article 47(1).

Textual Amendments

Textual Amendments

Section IVU.K.Approval of the pre-export controls

Article 73U.K.Approval of pre-export controls performed by third countries

1.The [F110appropriate authority may make regulations approving,] upon request of a third country, specific pre-export controls that that third country carries out on consignments of animals and goods prior to export to [F111Great Britain] with a view to verifying that the exported consignments satisfy the requirements of the rules referred to in Article 1(2). Such approval shall only apply to consignments originating in the third country concerned and may be granted for one or more categories of animals or goods. F112...

2.The approval provided for in paragraph 1 shall specify:

(a)the maximum frequency of official controls to be performed by the competent authorities [F113on] entry of the consignments into [F111Great Britain], where there is no reason to suspect non-compliance with the rules referred to in Article 1(2) or fraudulent or deceptive practices;

(b)the official certificates that must accompany consignments entering [F111Great Britain];

(c)a model for the certificates referred to in point (b) [F114, including, but not limited to, the publication of such certificates online in the form specified by the appropriate authority, as amended from time to time;]

(d)the competent authorities of the third country under the responsibility of which pre-export controls must be performed; and

(e)where appropriate, any delegated body to which those competent authorities may delegate certain tasks. Such delegation may only be approved if it meets the criteria set out in Articles 28 to 33 or equivalent conditions.

3.The approval provided for in paragraph 1 of this Article may only be granted to a third country if the evidence available and, where appropriate, a F115... control performed in accordance with Article 120, demonstrate that the system of official controls in that third country is able to ensure that:

(a)the consignments of the animals or goods exported to [F111Great Britain] meet the requirements of the rules referred to in Article 1(2), or equivalent requirements; and

(b)the controls performed in the third country prior to dispatch to [F111Great Britain] are sufficiently effective to replace or reduce the frequency of the documentary, identity checks and physical checks laid down in the rules referred to in Article 1(2).

4.The competent authorities or a delegated body specified in the approval shall:

(a)be responsible for contacts with [F111Great Britain]; and

(b)ensure that the official certificates referred to in point (b) of paragraph 2 accompany each consignment that is controlled.

5.The [F116appropriate authority may make regulations laying] down detailed rules and criteria for approving pre-export controls performed by third countries in accordance with paragraph 1 of this Article and for official controls performed by the competent authorities of the [F117constituent territories of Great Britain] on animals and goods subject to the approval referred in that paragraph. F118...

Textual Amendments

Article 74U.K.Non-compliance with, and withdrawal of, the approval of pre-export controls performed by third countries

1.When official controls on consignments of categories of animal and goods in respect of which specific pre-export controls have been approved in accordance with Article 73(1) reveal serious and recurrent non-compliance with the rules referred to in Article 1(2), [F119the competent authorities] shall immediately:

(a)notify the [F120other competent authorities in the British Islands] and operators concerned via the [F121appropriate computerised information management system] in addition to seeking administrative assistance in accordance with the procedures established in Articles 102 to  [F122107]; and

(b)increase the number of official controls on consignments from the relevant third country and, where necessary to allow a proper analytical examination of the situation, keep an appropriate number of samples under appropriate storage conditions.

2.The [F123appropriate authority may, by regulations], withdraw the approval provided for in Article 73(1) where, following the official controls referred to in paragraph 1 of this Article, there are indications that the requirements laid down in Article 73(3) and (4) are no longer being met. F124...

Textual Amendments

Section VU.K.Cooperation between authorities in relation to consignments from third countries

Article 75U.K.Cooperation between authorities in relation to consignments entering [F125Great Britain] from third countries

1.Competent authorities, customs authorities and other authorities F126... dealing with animals and goods entering [F127Great Britain] shall cooperate closely to ensure that the official controls on consignments of animals and goods entering [F127Great Britain] are performed in accordance with the requirements of this Regulation.

For that purpose, competent authorities, customs authorities and other authorities shall:

(a)ensure reciprocal access to information which is necessary for the organisation and conduct of their respective activities in relation to animals and goods entering [F127Great Britain]; and

(b)ensure the timely exchange of such information, including via electronic means.

2.The [F128appropriate authority may make regulations laying] down rules on uniform cooperation arrangements that competent authorities, customs authorities and other authorities referred to in paragraph 1 are required to put in place to ensure:

(a)access by competent authorities to the information necessary for the immediate and complete identification of the consignments of animals and goods entering [F127Great Britain] that are subject to official controls at a border control post in accordance with Article 47(1);

(b)the reciprocal update, through exchanges of information or synchronisation of relevant data sets, of information gathered by competent authorities, customs authorities and other authorities on consignments of animals and goods entering [F127Great Britain]; and

(c)the swift communication of decisions taken by such authorities on the basis of the information referred to in points (a) and (b).

F129...

Textual Amendments

Article 76U.K.Cooperation between authorities in relation to consignments not subject to specific controls at borders

1.Paragraphs 2, 3, and 4 of this Article shall apply in the case of consignments of animals and goods other than those subject to controls at entry into [F130Great Britain] as required by Article 47(1) of this Regulation and for which a customs declaration for release for free circulation has been made in accordance with point 12 of Article 5 of Regulation (EU) No 952/2013 and Articles 158 to 202 of that Regulation [F131or with any corresponding provisions under the Taxation (Cross-border Trade) Act 2018].

2.Customs authorities shall suspend release for free circulation when they have reason to believe that the consignment may present a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment, and immediately notify the competent authorities of such suspension.

3.A consignment whose release for free circulation has been suspended pursuant to paragraph 2 shall be released if, within three working days of the suspension of release, the competent authorities have not requested customs authorities to continue the suspension or have informed customs authorities that no risk is present.

4.Where the competent authorities consider that a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment, is present;

(a)they shall request the customs authorities not to release the consignment for free circulation and to include the following statement on the commercial invoice accompanying the consignment and on any other relevant accompanying document or the relevant electronic equivalents:

‘Product presents a risk — release for free circulation not authorised — Regulation [X1(EU) 2017/625’];

(b)no other customs procedure shall be permitted without the consent of the competent authorities; and

(c)Article 66(1), (3), (5) and (6), Articles 67, 68 and 69, Article 71(1) and (2) and Article 72(1) and (2) shall apply.

5.In the case of consignments of animals and goods other than those subject to controls at entry into [F130Great Britain] as required by Article 47(1) and for which no customs declaration for release for free circulation has been made, customs authorities, where they have reason to believe that the consignment may present a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment, shall transmit all relevant information to the customs authorities in the [F132country or territory] of final destination.

Editorial Information

Textual Amendments

Section VIU.K.Specific measures

Article 77U.K.Rules for specific official controls and for measures to be taken following the performance of such controls

1.The [F133appropriate authority may make regulations] to supplement this Regulation concerning rules for the performance of specific official controls and on measures in cases of non-compliance, to account for the specificities of the following categories of animals and goods or the arrangements for, and means of, their transport:

(a)consignments of fresh fishery products directly landed in ports designated by [F134a fisheries administration] in accordance with Article 5(1) of Council Regulation (EC) No 1005/2008(2) from a fishing vessel flying a third country flag;

[F135(aa)“fisheries administration” has the meaning given in Article 1(9) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy;]

(b)consignments of unskinned, furred wild game;

(c)consignments of the categories of goods referred to in point (b) of Article 47(1) which are delivered, with or without storage in a specially approved customs warehouses or in free zones, to vessels leaving [F136Great Britain] and intended for ship supply or consumption by the crew and passengers;

(d)wood packaging material;

(e)feed accompanying animals and intended for the feeding of those animals;

(f)animals and goods ordered by sales through distance contracts and delivered from a third country [F137either to an address in Great Britain, or to an address in the Crown Dependencies via an entry point in Great Britain], and the notification requirements necessary to allow the proper performance of official controls;

(g)plant products which, on account of their subsequent destination, may give rise to the risk of spreading infectious or contagious animal diseases;

(h)consignments of the categories of animals and goods referred to in points (a), (b) and (c) of Article 47(1) originating from, and returning to, [F138Great Britain] following a refusal of entry by a third country;

[F139(ha)consignments of the categories of animals and goods referred to in points (a), (b) and (c) of Article 47(1) originating from, and returning to, the Crown Dependencies via a point of entry in Great Britain, following a refusal of entry by a third country;]

(i)goods entering [F140Great Britain] in bulk from a third country, irrespective of whether they all originate from that third country;

F141(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)animals and goods exempted from Article 47 in accordance with Article 48.

2.The [F142appropriate authority may make regulations] to supplement this Regulation concerning the conditions for monitoring the transport and arrival of consignments of certain animals and goods, from the border control post of arrival to the establishment at the place of destination in [F143Great Britain], to the border control post at the place of destination or to the border control post of exit.

3.The [F144appropriate authority may make regulations laying] down rules on:

(a)model official certificates and rules for the issuance of such certificates; and

(b)the format of documents that must accompany the categories of animals or goods referred to in paragraph 1.

[F145(ba)These rules may also include rules on the publication online of the certificates or documents referred to in points (a) and (b) (as the case may be) in the form specified from time to time by the appropriate authority;]

F146...

Textual Amendments

Textual Amendments

(1)

Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (OJ L 178, 28.6.2013, p. 1).

(2)

Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

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Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel adopted fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill

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