Commission Delegated Regulation (EU) 2019/2122Dangos y teitl llawn

Commission Delegated Regulation (EU) 2019/2122

of 10 October 2019

supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market and amending Commission Regulation (EU) No 142/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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)(1), and in particular Article 48(b), (c), (d), (e) and (f), point (d)(ii) of Article 53(1) and point (k) of Article 77(1) thereof,

Whereas:

(1) Article 48 of Regulation (EU) 2017/625 empowers the Commission to adopt rules exempting certain categories of animals and goods from official controls at border control posts, when such an exemption is justified. Point (d)(ii) of Article 53(1) of Regulation (EU) 2017/625 empowers the Commission to adopt rules concerning specific official control tasks performed by customs authorities or other public authorities, insofar as those tasks are not already falling under the responsibility of those authorities, on passengers’ personal luggage.

(2) These rules are substantially linked and many are intended to be applied in tandem. In the interest of simplicity and transparency, as well as to facilitate their application and avoid a multiplication of rules, they should therefore be laid down in a single act rather than in a number of separate acts with many cross-references and the risk of duplication. These rules often serve common purposes and refer to complementary activities of operators and competent authorities. Therefore, it is appropriate to group together these rules in a single Delegated Regulation.

(3) Where rules establishing exemptions from official controls at border control posts are adopted, conditions, such as adequate control arrangements, should be established to ensure that no unacceptable risks to public, animal and plant health are incurred where such animals and goods enter the Union

(4) Exemptions from official controls at border control posts for products which form part of travellers’ personal luggage, for products for consumption by the crew and passengers on board means of transport operating internationally, and for products sent as small consignments to private persons already exist under Council Directive 97/78/EC(2). For the sake of legal clarity and in order to ensure a consistent application of those exemptions given that Directive 97/78/EC is repealed with effect from 14 December 2019, it is appropriate to lay down provisions on such exemptions in this Regulation. Those exemptions concern certain categories of animals and goods which, although they enter the Union, are not to be placed on the market.

(5) In order to ensure consistency of Union legislation, Member States should continue to carry out appropriate risk-based controls with a view to preventing the introduction into the Union of certain invasive alien species, as required by Regulation (EU) No 1143/2014 of the European Parliament and of the Council(3).

(6) In the interest of facilitating the promotion of scientific activities, it is justified to exempt certain categories of animals and goods intended for scientific purposes from official controls at border control posts.

(7) Plants, plant products and other objects referred to in Article 47(1)(c) of Regulation (EU) 2017/625 intended for scientific purposes should be exempted from identity and physical checks at border control posts, under certain conditions, since adequate protection measures are laid down in accordance with Article 48 of Regulation (EU) 2016/2031 of the European Parliament and of the Council(4).

(8) Pursuant to Article 48(d) and (e) of Regulation (EU) 2017/625, products which form part of passenger’s personal luggage and are intended for their personal consumption or use and small consignments of goods sent to natural persons which are not intended to be placed on the market should be exempted from official controls at border control posts. Concerning small consignments of goods sent to natural persons which are not intended to be placed on the market, Member States should carry-out risk-based controls. The possible risk of introducing pathogenic agents or diseases into the Union through the introduction of products of animal origin should be considered in measures regulating the introduction of such consignments or products.

(9) To ensure that risks to public health, animal health and plant health are minimised Member States should review at least once per year their specific control mechanisms and actions for goods which form part of passengers’ personal luggage and update these mechanisms and actions annually after the main travelling season.

(10) Regulation (EU) No 576/2013 of the European Parliament and of the Council(5) and Commission Implementing Regulation (EU) No 577/2013(6) provide rules concerning certain species of pet animals accompanying their owner or an authorised person during non-commercial movements into the Union from third countries. Administrative burden related to such movements should be minimised while a sufficient level of safety should be ensured with regard to the public and animal health risks involved. Furthermore, Member States should only authorise the movement into the Union of pet birds in accordance with Commission Decision 2007/25/EC(7).

(11) Article 48(f) of Regulation (EU) 2017/625 empowers the Commission to adopt rules exempting pet animals kept for private non-commercial purposes from official controls at border control posts. The rules on exemption in this Regulation should not affect the obligation of Member States to carry out official controls to ensure compliance with Regulation (EU) No 1143/2014 and Commission Regulation (EC) No 865/2006(8).

(12) With a view to providing citizens with clear and accessible information concerning the rules that apply to the non-commercial movement into the Union of certain species of pet animals, Member States should be required to make that information available to the public.

(13) The level of public and animal health risk arising from the introduction of animal diseases and pathogenic agents varies according to different factors, such as the type of product, the animal species from which the products have been obtained, and the likelihood of the presence of pathogenic agents. Comprehensive Union rules to prevent the introduction of animal diseases and pathogenic agents exist in Commission Regulation (EC) No 206/2009(9) to address such risks. Given that this Regulation lays down rules covered by Regulation (EC) No 206/2009, that Regulation should be repealed from the date of application of this Regulation.

(14) Commission Regulation (EU) No 142/2011(10) should be amended as regards the exemption of certain research and diagnostic samples from veterinary checks at the border inspection posts as the subject matter is covered by this Regulation.

(15) Regulation (EU) 2017/625 applies from 14 December 2019. Accordingly, the rules laid down in this Regulation should also apply from that date,

HAS ADOPTED THIS REGULATION:

Article 1 U.K. Subject matter

This Regulation lays down rules for the cases where and the conditions under which certain categories of animals and goods are exempted from official controls at border control posts and the cases where and the conditions under which 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 passengers’ personal luggage.

Article 2 U.K. Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘research and diagnostic samples’ means research and diagnostic samples as defined in point (38) of Annex I to Regulation (EU) No 142/2011;

(2)

[F1 the appropriate computerised information management system] means the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625;

(3)

‘fresh fishery products’ means fresh fishery products as defined in point 3.5 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council(11);

(4)

‘prepared fishery products’ means prepared fishery products as defined in point 3.6 of Annex I to Regulation (EC) No 853/2004;

(5)

‘processed fishery products’ means ‘processed fishery products’ as defined in point 7.4 of Annex I to Regulation (EC) No 853/2004;

(6)

‘pet animal’ means pet animal as defined in point (11) of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council(12);

(7)

‘non-commercial movement’ means non-commercial movement as defined in point (14) of Article 4 of Regulation (EU) 2016/429;

(8)

‘petfood’ means petfood as defined in point (19) of Annex I to Regulation (EU) No 142/2011.

(9)

[F2 ‘entry into Great Britain’ or ‘entering Great Britain’ has the meaning given in Article 3(40) of Regulation (EU) 2017/625;

(10)

‘third country’ has the meaning given in Article 3(2D) of Regulation (EU) 2017/625;]

Textual Amendments

F1 Words in Art. 2(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(2)(a) (with reg. 46)

F2 Art. 2(9)(10) inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(2)(b) (with reg. 46)

Article 3 U.K. Animals intended for scientific purposes

1. Invertebrates intended for scientific purposes such as research, educational activities or research related to product development activities shall be exempted from official controls at border control posts other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014, provided that:

(a) they comply with the animal health requirements set out in the rules referred to in point (d) of Article 1(2) of Regulation (EU) 2017/625;

(b) their entry into [F3 Great Britain] is authorised in advance for that purpose by the competent authority of the [F4 constituent territory of Great Britain] of destination;

(c) when the activities related to the scientific purposes have been carried out, they and products derived from them, with the exception of the quantities used for the scientific purposes, shall be disposed of or re-dispatched to the third country of origin.

2. Paragraph 1 shall not apply to honey bees (Apis mellifera), bumble bees (Bombus spp.), molluscs belonging to the phylum Mollusca and crustaceans belonging to the subphylum Crustacea.

Textual Amendments

F3 Words in Art. 3(1)(b) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(3)(a) (with reg. 46)

F4 Words in Art. 3(1)(b) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(3)(b) (with reg. 46)

Article 4 U.K. Research and diagnostic samples

1. The competent authority may exempt research and diagnostic samples from official controls at border control posts provided that:

(a) the competent authority of the [F5 constituent territory of destination in Great Britain] has issued to the user of the samples an authorisation in advance for their introduction into [F6 Great Britain] in accordance with Article 27(1) of Regulation (EU) No 142/2011 and this authorisation is recorded in an official document delivered by that authority;

(b) they are accompanied by the official document referred to in point (a) or by a copy thereof until they reach the user referred to in point (a) or in the case referred to in point (c) the border control post of entry;

F7 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Words in Art. 4(1)(a) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(4)(a)(i)(aa) (with reg. 46)

F6 Words in Art. 4(1)(a) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(4)(a)(i)(bb) (with reg. 46)

F7 Art. 4(1)(c) omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(4)(a)(ii) (with reg. 46)

F8 Art. 4(2) omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(4)(b) (with reg. 46)

Article 5 U.K. Plants, plant products and other objects intended for scientific purposes

1. Plants, plant products and other objects are exempted from identity and physical checks at border control posts other than controls carried out pursuant to Article 15(2) of Regulation (EU) No 1143/2014, provided that they are intended for scientific purposes in accordance with Article 48(1) of Regulation (EU) 2016/2031.

2. The competent authority of the border control post of first arrival of the consignment shall perform documentary checks on the authorisation referred to in Article 48(1) of Regulation (EU) 2016/2031. In case of identified or suspected non-compliance, the competent authority of the border control post of first arrival may perform identity and physical checks on the consignment or request such checks to be carried out by the person responsible for the quarantine station or the confinement facility that has been designated by the competent authority.

3. If the competent authority of the border control post of first arrival of the consignment requests identity and physical checks to be carried out by the person responsible for the quarantine station or the confinement facility that has been designated by the competent authority, the competent authority of the border control post of first arrival of the consignment shall inform through the [F9 appropriate computerised information management system] the competent authority of the quarantine station or the confinement facility of the results of the documentary checks and of the subsequent departure of the consignment for the quarantine station or the confinement facility. The competent authority of the quarantine station or the confinement facility shall inform through the [F9 appropriate computerised information management system] the competent authority of the border control post of first arrival of the consignment of the arrival of the consignment at the quarantine station or the confinement facility. The competent authority of the quarantine station or the confinement facility shall carry out identity and physical checks.

Textual Amendments

F9 Words in Art. 5(3) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(5) (with reg. 46)

Article 6 U.K. Products of animal origin and composite products on board means of transport operating internationally which are not unloaded and are intended for consumption by the crew and passengers

1. Products of animal origin and composite products are exempted from official controls at border control posts provided that:

(a) they are intended for consumption by the crew and passengers on board means of transport operating internationally; and

(b) they are not unloaded [F10 in Great Britain].

2. Direct transfer of goods referred to in paragraph 1 unloaded at a port from one means of transport operating internationally to another means of transport operating internationally is exempted from official controls at border control posts provided that:

(a) it takes place in accordance with the agreement of the competent authority of the border control post; and

(b) it takes place under customs supervision.

3. The operator responsible for the goods referred to in paragraph 1 shall request the agreement referred to in paragraph 2(a) prior to the transfer of these goods from one means of transport operating internationally to another means of transport operating internationally.

Textual Amendments

F10 Words in Art. 6(1)(b) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(6) (with reg. 46)

Article 7 U.K. Goods which form part of passengers’ personal luggage and are intended for personal consumption or use

Products of animal origin, composite products, products derived from animal by-products, plants, plant products and other objects which form part of passengers’ personal luggage and which are intended for personal consumption or use, are exempted from official controls at border control posts provided that they belong to at least one of the following categories:

(a)

goods listed in Part 1 of Annex I provided that their combined quantity does not exceed the weight limit of 2 kg;

(b)

eviscerated fresh fishery products or prepared fishery products, or processed fishery products provided that their combined quantity does not exceed the weight limit of 20 kg or the weight of one fish, whichever weight is the highest;

(c)

goods other than those referred to in points (a) and (b) of this article and other than those referred to in Part 2 of Annex I, provided that their combined quantity does not exceed the weight limit of 2 kg;

(d)

plants, other than plants for planting, plant products and other objects;

(e)

goods, other than plants for planting, coming from Andorra, Iceland, Liechtenstein, Norway, San Marino or Switzerland;

(f)

fishery products coming from the Faroe Islands or Greenland;

(g)

goods, other than plants for planting and other than fishery products, coming from the Faroe Islands or Greenland provided that their combined quantity does not exceed the weight limit of 10 kg.

Article 8 U.K. Information on goods which form part of passengers’ personal luggage and are intended for personal consumption or use

1. In all points of entry into [F11 Great Britain], the competent authority shall display information by means of one of the posters set out in Annex II, in [F12 English and may also be in Welsh], placed in locations which are easily visible to passengers arriving from third countries.

2. The competent authority may complement the information referred to in paragraph 1 with additional information, including:

(a) the information set out in Annex III;

(b) information appropriate to the local conditions.

3. International passenger transport operators, including airport, port and rail operators and travel agencies shall:

(a) draw the attention of their customers to the rules laid down in Article 7 and in this Article, in particular by providing the information set out in Annexes II and III;

(b) accept that the competent authority displays the information referred to in paragraphs 1 and 2 within their premises in locations which are easily visible to passengers arriving from third countries.

Textual Amendments

F11 Words in Art. 8(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(7)(a) (with reg. 46)

F12 Words in Art. 8(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(7)(b) (with reg. 46)

Article 9 U.K. Specific official controls on goods which form part of passengers’ personal luggage

1. For goods which form part of passengers’ personal luggage, the competent authorities, the customs authorities or other public authorities responsible, in cooperation with port, airport and rail operators and with operators responsible for other points of entry shall organise specific official controls at points of entry into [F13 Great Britain]. These specific official controls shall be risk-based and effective.

2. The controls referred to in paragraph 1 of this Article shall:

(a) aim in particular at detecting the presence of goods referred to in Article 7;

(b) aim at verifying that the conditions laid down in Article 7 are met; and

(c) be carried out by appropriate means, which may include the use of scanning equipment or specifically trained detector dogs, to screen large volumes of goods.

3. The competent authorities, the customs authorities or other public authorities responsible, which carry out specific official controls shall:

(a) aim at identifying the goods which are non-compliant with the rules laid down in Article 7;

(b) ensure that the non-compliant goods identified are seized and destroyed in accordance with national legislation and, where applicable, in accordance with Articles 197 to 199 of Regulation (EU) No 952/2013 of the European Parliament and of the Council(13);

(c) review, at least once per year and before 1 October, their applied mechanisms and actions, establish the level of compliance achieved, and, on a risk-basis, adapt those mechanisms and actions if necessary, to achieve the objectives laid down in points (a) and (b) of paragraph 2.

4. The review referred to in point (c) of paragraph 3 shall ensure that risks to public health, animal health and plant health are minimised.

The review shall take into account:

(a) data collected on the approximate number of consignments which are in breach of the rules laid down in Article 7;

(b) the number of specific official controls done;

(c) the total quantified amount of seized and destroyed consignments which were found in passengers’ personal luggage and which were not in compliance with Article 7; and

(d) any other relevant information.

Textual Amendments

F13 Words in Art. 9(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(8) (with reg. 46)

Article 10 U.K. Small consignments of goods sent to natural persons which are not intended to be placed on the market

1. Small consignments of products of animal origin, composite products, products derived from animal by-products, plants, plant products and other objects sent to natural persons, which are not intended to be placed on the market, are exempted from official controls at border control posts provided that they belong to a least one of the categories listed in Article 7.

2. [F14 The competent authority] shall carry out specific official controls on those goods in accordance with Article 9.

3. Postal services shall draw the attention of their customers to the rules laid down in paragraph 1, in particular by providing the information set out in Annexe III.

Textual Amendments

F14 Words in Art. 10(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(9) (with reg. 46)

Article 11 U.K. Pet animals

Pet animals entering [F15 Great Britain] during a non-commercial movement are exempted from official controls at border control posts other than official controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014 and other than official controls carried out to verify compliance with Article 57(1) of Regulation (EC) No 865/2006, as follows:

(a)

animals of species listed in Part A of Annex I to Regulation (EU) No 576/2013 which:

(i)

meet the conditions laid down in Article 5(1) or Article 5(2) of Regulation (EU) No 576/2013 and are being moved from a territory or a third country listed in Part 1 of Annex II to Implementing Regulation (EU) No 577/2013, provided that they undergo documentary and identity checks in accordance with Article 33 and, where relevant, standard spot checks in accordance with Article 5(3) of Regulation (EU) No 576/2013; or

(ii)

meet the conditions laid down in Article 5(1) or Article 5(2) of Regulation (EU) No 576/2013 and are being moved from a territory or a third country listed in Part 2 of Annex II to Implementing Regulation (EU) No 577/2013, provided that they undergo documentary and identity checks in accordance with Article 34 and, where relevant, standard spot checks in accordance with Article 5(3) of Regulation (EU) No 576/2013; or

(iii)

meet the conditions laid down in Article 10(3) of Regulation (EU) No 576/2013, provided that they undergo checks in accordance with the permit referred to in point (a) of Article 10(3) of that Regulation and with the requirements in point (b) of Article 10(3) of that Regulation; or

(iv)

meet the conditions laid down in Article 32 of Regulation (EU) No 576/2013, provided that they undergo checks in accordance with the permit referred to in point (a) of Article 32(1) of that Regulation;

(b)

birds listed in Part B of Annex I to Regulation (EU) No 576/2013 provided that:

(i)

their movement has been authorised by [F16 the appropriate authority] in accordance with Article 1(1) of Decision 2007/25/EC; and

(ii)

they undergo veterinary checks in accordance with Article 2 of Decision 2007/25/EC;

(c)

birds listed in Part B of Annex I to Regulation (EU) No 576/2013 moving into [F17 Great Britain] from Andorra, the Faroe Islands, Greenland, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican City State;

(d)

animals of species other than birds, listed in Part B of Annex I to Regulation (EU) No 576/2013.

Textual Amendments

F15 Words in Art. 11 substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(10)(a) (with reg. 46)

F16 Words in Art. 11(b)(i) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(10)(b) (with reg. 46)

F17 Words in Art. 11(c) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(10)(c) (with reg. 46)

Article 12 U.K. Information on pet animals

1. In all points of entry into [F18 Great Britain], the competent authority shall display information in the poster set out in Annex IV, in [F19 in English and may also be in Welsh], by prominent notices placed in locations which are easily visible to passengers arriving from third countries.

2. International passenger transport operators, including airport, port and rail operators shall accept that the competent authority displays the information referred to in paragraph 1 within their premises in locations which are easily visible to passengers arriving from third countries.

Textual Amendments

F18 Words in Art. 12(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(11)(a) (with reg. 46)

F19 Words in Art. 12(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(11)(b) (with reg. 46)

[F20 Article 12A U.K. Derogations and modifications: relevant goods entering Great Britain from a relevant third country

1. This Regulation applies subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625 and in paragraph 3 of this Article during the transitional staging period, in relation to relevant goods entering Great Britain from a relevant third country.

2. In this Article ‘transitional staging period’, ‘relevant goods’ and ‘relevant third country’ have the meanings given in Annex 6 to that Regulation.

3. Article 7 of this Regulation applies with the following derogations and modifications—

(a) after “and which are” insert “ relevant goods arriving from a relevant third country ”;

(b) omit the words from “provided that” to the end.]

Textual Amendments

F20 Art. 12A inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(12) (with reg. 46)

Article 13 U.K. Repeal of Regulation (EC) No 206/2009

1. Regulation (EC) No 206/2009 is repealed with effect from 14 December 2019.

2. References to the repealed act shall be construed as references to this Regulation and read in accordance with the correlation table in Annex V.

Article 14 U.K. Amendment to Regulation (EU) No 142/2011

In Article 27 of Regulation (EU) No 142/2011, paragraph 2 is deleted.

Article 15 U.K. Entry 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.

F21 ...

Done at Brussels, 10 October 2019.

For the Commission

The President

Jean-Claude Juncker

Textual Amendments

F21 Words in Signature omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(13) (with reg. 46)

ANNEX I U.K.

PART 1 U.K. List of goods referred to in Article 7(a)

1. Powdered infant milk, infant food and special foods required for medical reasons, under the conditions that these products: U.K.

(i)

do not require refrigeration before opening;

(ii)

are packaged proprietary brand products for direct sale to the final consumer; and

(iii)

that the packaging is unbroken unless in current use.

2. Petfood required for health-related reasons, under the conditions that these products: U.K.

(i)

are intended for the pet accompanying the passenger;

(ii)

are shelf-stable;

(iii)

are packaged proprietary brand products for direct sale to the final consumer; and

(iv)

that the packaging is unbroken unless in current use.

PART 2 U.K. List of goods which are not exempted from official controls at border control posts provided for in Article 7(c)

a Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
b Heading 2006 reads: ‘Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised)’.
Combined Nomenclature code a	Description	Qualification and explanation
ex Chapter 2 (0201-0210)	Meat and edible meat offal	All, excluding frogs’ legs (CN code 0208 90 70)
0401-0406	Dairy produce	All
ex 0504 00 00	Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked	All, excluding casings
ex 0511	Animal products not elsewhere specified or included; dead animals of Chapters 1 or 3 of Section 1 of Part 2 of Annex I to Regulation (EEC) No 2658/87, unfit for human consumption	Only petfood
1501 00	Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503	All
1502 00	Fats of bovine animals, sheep or goats, other than those of heading 1503	All
1503 00	Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared	All
1506 00 00	Other animal fats and oils and their fractions, whether or not refined, but not chemically modified	All
1601 00	Sausages and similar products, of meat, meat offal or blood; food preparations based on these products	All
1602	Other prepared or preserved meat, meat offal or blood	All
1702 11 00 1702 19 00	Lactose and lactose syrup	All
ex 1901	Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included	Only those preparations containing meat or milk, or both
ex 1902	Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared	Only those preparations containing meat or milk, or both
ex 1905	Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products	Only those preparations containing meat or milk, or both
ex 2004	Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006a	Only those preparations containing meat or milk, or both
ex 2005	Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006	Only those preparations containing meat or milk, or both
ex 2103	Sauces and preparations thereof; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard	Only those preparations containing meat or milk, or both
ex 2104	Soups and broths and preparations therefore; homogenised composite food preparations	Only those preparations containing meat or milk, or both
ex 2105 00	Ice cream and other edible ice, whether or not containing cocoa	Only those preparations containing milk
ex 2106	Food preparations not elsewhere specified or included	Only those preparations containing meat or milk, or both
ex 2309	Preparations of a kind used in animal feeding	Only petfood, dog chews and mixtures of meals containing meat or milk, or both

Notes:

1.

Column 1: Where only certain products under any code are required to be examined and no specific subdivision under this code exists in the goods nomenclature, the code is marked ‘ex’ (e.g. ex 1901: only those preparations containing meat or milk, or both should be included).

2.

Column 2: The description of the goods is as laid down in the description column of Annex I to Regulation (EEC) No 2658/87.

3.

Column 3: This column gives details of the products covered.

F22 ANNEX II U.K. Posters referred to in Article 8(1)

Textual Amendments

F22 Annex 2: in each model poster, the words “ Great Britain" are substituted for the words “the European Union”, in each place where it occurs (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(14) (with reg. 46)

The posters can be found at:

https://ec.europa.eu/food/animals/animalproducts/personal_imports_en

ANNEX III U.K. Information referred to in point (a) of Article 8(2)

Keep infectious animal diseases out of [F23 Great Britain]! Animal products may carry pathogens causing infectious disease

Textual Amendments

F23 Words in Annex 3 substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(15)(a) (with reg. 46)

Due to the risk of introducing diseases into [F24 Great Britain], there are strict procedures for the introduction of certain animal products into [F23 Great Britain]. F25 ...

Textual Amendments

F24 Words in Annex 3 substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(15)(b)(i) (with reg. 46)

F25 Words in Annex 3 omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(15)(b)(ii) (with reg. 46)

All animal products not conforming to these rules shall be surrendered on arrival in [F23 Great Britain] for official disposal. Failure to declare such items may result in a fine or criminal prosecution.

The following goods shall not be introduced into [F23 Great Britain], unless the combined quantity of goods listed in points 2, 3 and 5 does not exceed the weight limit of 2 kg per person.

In the case of goods coming from the Faroe Islands or Greenland, the combined quantity of goods listed in points 1, 2, 3 and 5 shall not exceed the weight limit of 10 kg per person.

1.Small quantities of meat and milk and their products (other than powdered infant milk, infant food, and special foods required for medical reasons or petfood required for health-related reasons)

You may only bring in or send to [F23 Great Britain] personal consignments of meat and milk and their products (other than powdered infant milk, infant food, and special foods required for medical reasons or petfood required for health-related reasons) provided that they come from the Faroe Islands or Greenland, and their weight does not exceed 10 kg per person.

2.Powdered infant milk, infant food, and special foods required for medical reasons

You may only bring in or send to [F23 Great Britain] personal consignments of powdered infant milk, infant food, and special foods required for medical reasons provided that:

• they come from the Faroe Islands or Greenland, and their combined quantity does not exceed the weight limit of 10 kg per person, and that:

  (a)

  the product does not require refrigeration before consumption;

  (b)

  the product is a packaged proprietary brand product; and

  (c)

  the packaging is unbroken unless in current use,

• they come from other countries (other than the Faroe Islands or Greenland), and their combined quantity does not exceed the weight limit of 2 kg per person, and that:

  (a)

  the product does not require refrigeration before consumption;

  (b)

  the product is a packaged proprietary brand product; and

  (c)

  the packaging is unbroken unless in current use.

  3.Petfood required for health-related reasons

You may only bring in or send to [F23 Great Britain] personal consignments of petfood required for health-related reasons provided that:

• they come from the Faroe Islands or Greenland, and their combined quantity does not exceed the weight limit of 10 kg per person, and that:

  (a)

  the product does not require refrigeration before consumption;

  (b)

  the product is a packaged proprietary brand product; and

  (c)

  the packaging is unbroken unless in current use,

• they come from other countries (other than the Faroe Islands or Greenland), and their combined quantity does not exceed the weight limit of 2 kg per person, and that:

  (a)

  the product does not require refrigeration before consumption;

  (b)

  the product is a packaged proprietary brand product; and

  (c)

  the packaging is unbroken unless in current use.

  4.Small quantities of fishery products for personal human consumption

You may only bring in or send to [F23 Great Britain] personal consignments of fishery products (including fresh, dried, cooked, cured or smoked fish, and certain shellfish, such as prawns, lobsters, dead mussels and dead oysters) provided that:

• fresh fish are eviscerated,

• the weight of the fishery products does not exceed, per person, 20 kg or the weight of one fish, whichever weight is the highest.

These restrictions do not apply to fishery products coming from the Faroe Islands or Greenland.

5.Small quantities of other animal products for personal human consumption

You may only bring in or send to [F23 Great Britain] other animal products, such as honey, live oysters, live mussels and snails for example, provided that:

• they come from the Faroe Islands or Greenland, and their combined weight does not exceed 10 kg per person,

• they come from other countries (other than the Faroe Islands or Greenland) and their combined weight does not exceed 2 kg per person.

Please note that you may bring in or send to [F23 Great Britain] small quantities of animal products from several of the above five categories (paragraphs 1 to 5) provided that they comply with the rules explained in each of the relevant paragraphs.

6.Larger quantities of animal products

You may only bring in or send to [F23 Great Britain] larger quantities of animal products if they meet the requirements for commercial consignments, which include:

• certification requirements, as laid down in the appropriate [F26 appropriate] official certificate,

• the presentation of the goods, with the correct documentation, to [F27 a border] control post, on arrival in [F23 Great Britain].

  7.Exempted products

Textual Amendments

F26 Word in Annex 3 point 6 substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(15)(c)(i) (with reg. 46)

F27 Words in Annex 3 point 6 substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(15)(c)(ii) (with reg. 46)

The following products are exempted from the rules set out in points 1 to 6:

• bread, cakes, biscuits, waffles and wafers, rusks, toasted bread and similar toasted products containing less than 20 % of processed dairy and egg products and treated as provided for in point (a)(i) of Article 6(1) of Commission Decision 2007/275/EC(14),

• chocolate and confectionery (including sweets) containing less than 50 % of processed dairy and egg products and treated as provided for in point (a)(i) of Article 6(1) of Decision 2007/275/EC,

• food supplements packaged for the final consumer containing small amounts (in total less than 20 %) of processed animal products (including glucosamine, chondroitin or chitosan, or both chondroitin and chitosan) other than meat products,

• olives stuffed with fish,

• pasta and noodles not mixed or filled with meat product containing less than 50 % of processed dairy and egg products and treated as provided for in point (a)(i) of Article 6(1) of Decision 2007/275/EC,

• soup stocks and flavourings packaged for the final consumer containing less than 50 % of fish oils, fish powders or fish extracts and treated as provided for in point (a)(i) of Article 6(1) of Decision 2007/275/EC.

F28 ANNEX IV U.K. Poster referred to in Article 12

Textual Amendments

F28 Annex 4:in the model poster, the words “Great Britain” substituted fot the words “the EU” (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 35(16) (with reg. 46)

The poster can be found at:

https://ec.europa.eu/food/animals/pet-movement/poster-diseases-dont-respect-borders_en

ANNEX V U.K. Correlation table referred to in Article 13(2)

Regulation (EC) No 206/2009

This Regulation

Article 1(1) Article 1(2) Article 1(3) Article 1(4) Article 2(1)(a) Article 2(1)(b) Article 2(1)(c) Article 2(1)(d) Article 2(2)(a) Article 2(2)(b) Article 2(3) Article 3(1) Article 3(2) Article 3(3) Article 3(4)(a) Article 3(4)(b) Article 4 Article 5(1) Article 5(2) Article 5(3) Article 6(1)(a) Article 6(1)(b) Article 6(2) Article 6(3) Article 7 Article 8 Article 9 Article 10 Article 11 Annex I, Part 1 Annex I, Part 2 Annex II, Part 1 Annex II, Part 2 Annex III Annex IV Annex V Annex VI Annex VII

__ Article 7(e) and (f) and Article 10(1) __ __ __ Article 7(a) and Article 10(1) Article 7(b) and Article 10(1) Article 7(c) and Article 10(1) __ Article 7(a) and Article 10(1) Article 7(g) and Article 10(1) Article 8(1) Article 8(1) Article 8(2) Article 8(1) __ Article 8(3)(a) and Article 10(3) Articles 9(1) and 10(2) Article 9(2)(a) and (b) and Article 10(2) Article 9(2)(c) and Article 10(2) Article 9(3)(a) and Article 10(2) Article 9(3)(b) and Article 10(2) __ __ __ __ __ __ __ Annex I, Part 2 Annex I, Part 2 Annex I, Part 1, point (1) Annex I, Part 1, point (2) Annex II Annex III __ __ __

(1)

OJ L 95, 7.4.2017, p. 1.

(2)

Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p. 9).

(3)

Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35).

(4)

Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4).

(5)

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).

(6)

Commission Implementing Regulation (EU) No 577/2013 of 28 June 2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and of the Council (OJ L 178, 28.6.2013, p. 109).

(7)

Commission Decision 2007/25/EC of 22 December 2006 as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community (OJ L 8, 13.1.2007, p. 29).

(8)

Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 166, 19.6.2006, p. 1).

(9)

Commission Regulation (EC) No 206/2009 of 5 March 2009 on the introduction into the Community of personal consignments of products of animal origin and amending Regulation (EC) No 136/2004 (OJ L 77, 24.3.2009, p. 1).

(10)

Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).

(11)

Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food on animal origin (OJ L 139, 30.4.2004, p. 55).

(12)

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law) (OJ L 84, 31.3.2016, p. 1).

(13)

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

(14)

Commission Decision 2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC (OJ L 116, 4.5.2007, p. 9).