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

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(1);

(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(2);

(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(3);

(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)