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CHAPTER IU.K.Subject matter, scope and definitions

Article 1U.K.Subject matter and scope

1.This Regulation lays down:

(a)rules establishing the cases where and the conditions under which, the competent authorities of a border control post may authorise the onward transportation of consignments of the following categories of goods [F1from a third country] to the place of final destination in [F2Great Britain or the Crown Dependencies] pending the availability of the results of laboratory analyses and tests carried out as part of the physical checks referred to in Article 49(1) of Regulation (EU) 2017/625:

(i)

plants, plant products, and other objects referred to in F3... Articles 72(1) and 74(1) of Regulation (EU) 2016/2031;

(ii)

plants, plant products and other objects subject to an emergency measure referred to in point (e) of Article 47(1) of Regulation (EU) 2017/625;

(iii)

food and feed of non-animal origin subject to the measures provided for by the acts [F4, or regulations (as the case may be),] referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625;

(b)rules establishing the cases where and the conditions under which, identity checks and physical checks of animals arriving by air or sea [F5from a third country] and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into [F6Great Britain];

(c)specific rules for official controls at border control posts of transhipped consignments of animals and the following categories of goods:

(i)

products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products;

(ii)

plants, plant products, and other objects as referred in F7... Articles 72(1) and 74(1) of Regulation (EU) 2016/2031;

(iii)

plants, plant products, and other objects subject to an emergency measure provided for by the Articles of Regulation (EU) 2016/2031 referred to in point (e) of Article 47(1) of Regulation (EU) 2017/625;

(iv)

food and feed of non-animal origin subject to measures [F8provided for by the acts or regulations (as the case may be)] referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625;

(d)specific rules for controls of consignments in transit of animals and of the following categories of goods:

(i)

products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products;

(ii)

plants, plant products, and other objects referred to in F9... Articles 72(1) and 74(1) of Regulation (EU) 2016/2031;

(iii)

plants, plant products, and other objects subject to an emergency measure provided for by the point (e) of Article 47(1) of Regulation (EU) 2017/625.

2.This Regulation shall apply to vertebrate and invertebrate animals with the exception of:

(a)pet animals as defined in Article 4(11) of Regulation (EU) 2016/429 of the European Parliament and of the Council(1); and

(b)invertebrate animals intended for scientific purposes as referred to in Article 3 of Commission Delegated Regulation (EU) 2019/2122(2).

Textual Amendments

[F10Article 1AU.K.Disapplication for relevant goods entering Great Britain from a relevant third country during the transitional staging period

1.This Regulation does not apply to relevant goods entering Great Britain during the transitional staging period from a relevant third country to be placed on the market in Great Britain or the Crown Dependencies where such goods have been the subject of any requisite notification prior to their entry into Great Britain.

2.Where the condition in paragraph 3 is satisfied, this Regulation does not apply to relevant goods which—

(a)enter Great Britain during the transitional staging period from a relevant third country, to travel to:

(i)a third country (including a NATO or US military base located in a third country), whether directly or through another part of the British Islands;

(ii)a NATO or US military base located in the territory of Great Britain or any of the territories of the Crown Dependencies; or

(iii)a vessel leaving the territories of Great Britain and, if applicable, the Crown Dependencies to travel to a third country, where the consignment is intended for ship supplying purposes; and

(b)have been the subject of any requisite notification prior to their entry into Great Britain.

3.The condition referred to in paragraph 2 is that the operator responsible for the consignment undertakes to notify the competent authority of the point of entry into Great Britain when the consignment:

(a)leaves the territory of Great Britain or, if applicable, the Crown Dependencies to travel to a third country (including a NATO or US military base located in a third country), whether directly or through another part of the British Islands;

(b)is transported to a NATO or US military base located in the territory of Great Britain or any of the territories of the Crown Dependencies; or

(c)is transported to a vessel leaving the territories of Great Britain and, if applicable, the Crown Dependencies to travel to a third country, where the consignment is intended for ship supplying purposes.

4.In this Article ‘relevant goods’, ‘relevant third country’ and ‘the transitional staging period’ have the meanings given in Annex 6 to Regulation (EU) 2017/625.]

Textual Amendments

Article 2U.K.Definitions

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

(1)

‘common health entry document’ or ‘CHED’ means the common health entry document, which is used for the prior notification of the arrival of consignments at the border control post, and which is used to record the outcome of official controls performed and of decisions taken by the competent authorities in relation to the consignment which it accompanies;

(2)

‘transhipped consignments’ means consignments of animals or goods entering [F11Great Britain] by sea or by air transport from a third country, when those animals or goods are moved from a vessel or aircraft and are transported under customs supervision to another vessel or aircraft in the same port or airport in preparation for onward travel;

(3)

‘warehouse’ means:

(a)

[F12a customs warehouse;

(aa)

a warehouse in a free zone as defined in paragraph 2(5) of Schedule 2 to the Taxation (Cross-border Trade) Act 2018;

(ab)

a temporary storage facility; or]

(b)

a warehouse specialised in supplying goods for NATO or US military bases;

(3A)

[F13‘customs warehouse’ means premises approved by HMRC as referred to in paragraphs 2 and 3 of Schedule 2 to the Taxation (Cross-border Trade) Act 2018;

(3B)

‘temporary storage facility’ has the meaning given in section 25A of the Customs and Excise Management Act 1979;]

(4)

‘onward transportation’ means the movement of consignments of goods from a border control post to their place of final destination in [F14Great Britain or the Crown Dependencies] pending the availability of the results of laboratory analyses and tests;

(5)

‘onward transportation facility’ means the facility at the place of final destination in [F15Great Britain or the Crown Dependencies] or at a place situated under the remit of the same competent authority as the place of final destination, designated by the [F16competent authority for the place of final] destination for the storage of consignments of goods subject to onward transportation prior to the release for free circulation of such consignments;

(6)

[F17‘appropriate computerised information management system’ means the computerised] information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625;

(7)

‘border control post of introduction into [F18Great Britain]’ means the border control post where animals and goods are presented for official controls and through which they enter [F19Great Britain from a third country] for subsequent placing on the market [F20in Great Britain or the Crown Dependencies] or for transit through the [F21territories of Great Britain and, where applicable, the Crown Dependencies] and which may be the border control post of first arrival into [F18Great Britain];

(8)

‘[F22GB] regulated non-quarantine pest’ means a pest that fulfils all the conditions listed in Article 36 of the Regulation (EU) 2016/2031;

(8A)

[F23‘GB quarantine pest’ has the meaning given by Article 4 of Regulation (EU) 2016/2031;

(8B)

‘provisional GB quarantine pest’ has the meaning given in Article 30(A1) of Regulation (EU) 2016/2031;

(8C)

‘PFA quarantine pest’ has the meaning given by Article 32(1) of Regulation (EU) 2016/2031;

(8D)

‘GB pest-free area’ has the meaning given in Article 2(31) of Regulation (EU) 2016/2031;]

(9)

‘approved warehouse’ means a warehouse approved by the competent authorities as provided for in Article 23 of this Regulation;

(10)

‘specified pathogen-free eggs’ means hatching eggs which are derived from chicken flocks free from specified pathogens, as described in the European Pharmacopoeia(3), and which are intended solely for diagnostic, research or pharmaceutical use;

(11)

[F24‘the competent authority’ has the meaning given in Article 3(3) of Regulation (EU) 2017/625 of the European Parliament and of the Council;

(12)

‘Crown Dependencies’ means the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man;

(13)

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

Textual Amendments

(1)

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 (OJ L 84, 31.3.2016, p. 1).

(2)

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 Regulation (EU) No 142/2011 (See page 45 of this Official Journal).

(3)

http://www.edqm.eu (latest edition).