Commission Regulation (EC) No 669/2009 (repealed)Show full title

Article 1 U.K. Subject matter

This Regulation lays down rules concerning the increased level of official controls to be carried out pursuant to Article 15(5) of Regulation (EC) No 882/2004 at the points of entry into the territories referred to Annex I thereto, on imports of the feed and food of non-animal origin listed in Annex I to this Regulation.

Article 2 U.K. Updates to Annex I

In order to set up and regularly amend the list in Annex I, at least the following sources of information shall be taken into account:

(a)

data resulting from notifications received through the RASFF;

(b)

reports and information resulting from the activities of the Food and Veterinary Office;

(c)

reports and information received from third countries;

(d)

information exchanged between the Commission and Member States, and the European Food Safety Authority;

(e)

scientific assessments, where appropriate.

[F1 The list in Annex I shall be reviewed on a regular basis, and at least biannually.]

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2016/1024 of 24 June 2016 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin (Text with EEA relevance).

Article 3 U.K. Definitions

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

(a)

[F2 ‘ common entry document (CED) ’ means the document to be completed by the feed and food business operator or its representative as provided for in Article 6, models of which are set out in Annex II and in Part 2 of Annex III, and by the competent authority confirming completion of official controls;]

(b)

‘designated point of entry (DPE)’ means the point of entry provided for in the first indent of Article 17(1) of Regulation (EC) No 882/2004, into one of the territories referred to in Annex I thereto; [F3 in the case of consignments entering the Union by sea or by air transport from a third country, which are unloaded for the purposes of being loaded on respectively another vessel or aircraft in the same port or airport for onward travel to another port or airport in one of the territories referred to in Annex I to Regulation (EC) No 882/2004, the designated point of entry shall be the latter port or airport;]

(c)

‘consignment’ means a quantity of any of the feed or food of non-animal origin listed in Annex I to this Regulation of the same class or description, covered by the same document(s), conveyed by the same means of transport and coming from the same third country or part of such country.

Textual Amendments

F2 Substituted by Commission Implementing Regulation (EU) 2019/1714 of 30 September 2019 amending Regulations (EC) No 136/2004 and (EC) No 282/2004 as regards the model of common veterinary entry document for products and animals and amending Regulation (EC) No 669/2009 as regards the model of common entry document for certain feed and food of non-animal origin (Text with EEA relevance).

F3 Substituted by Commission Implementing Regulation (EU) 2018/941 of 2 July 2018 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and Commission Implementing Regulation (EU) No 885/2014 (Text with EEA relevance).

Article 4 U.K. Minimum requirements for designated points of entry

Without prejudice to Article 19, the designated points of entry shall have at least the following available:

(a)

a sufficient number of suitably qualified and experienced staff to perform the prescribed checks on consignments;

(b)

appropriate facilities for the competent authority to undertake the necessary checks;

(c)

detailed instructions regarding sampling for analysis and the sending of such samples for analysis to a laboratory designated pursuant to Article 12(1) of Regulation (EC) No 882/2004 (the designated laboratory);

(d)

facilities to store consignments (and containerised consignment) in appropriate conditions during the period of detention, where appropriate, awaiting the results of the analysis referred to in point (c), and a sufficient number of storage rooms, including cold stores, in cases where a controlled temperature is required due to the nature of the consignment;

(e)

unloading equipment and appropriate equipment for carrying out sampling for analysis;

(f)

the possibility to perform the unloading and the sampling for analysis in a sheltered place, where appropriate;

(g)

a designated laboratory which can perform the analysis referred to in point (c), situated at a place to which the samples can be transported within a short period of time.

Article 5 U.K. List of designated points of entry

The Member States shall maintain and make publicly available on the Internet for each of the products listed in Annex I an up-to-date list of the designated points of entry. The Member States shall communicate the Internet addresses of these lists to the Commission.

The Commission shall display the national links to those lists on the Commission’s website, for information purposes.

Article 6 U.K. Prior notification of consignments

Feed and food business operators or their representatives shall give adequate prior notification of the estimated date and time of physical arrival of the consignment at the designated point of entry and of the nature of the consignment.

For that purpose, they shall complete Part I of the common entry document and transmit that document to the competent authority at the designated point of entry, at least one working day prior to the physical arrival of the consignment.

Article 7 U.K. Language of common entry documents

Common entry documents shall be drawn up in the official language, or in one of the official languages, of the Member State where the designated point of entry is located.

However, a Member State may consent to common entry documents being drawn up in another official language of the Community.

[F4 Article 7a U.K. Requirements for completing an electronic CVED

1. Where an electronic CED is used, it shall be completed in the TRACES system and meet all of the following requirements:

(a) it complies with the model set out in Part 2 of Annex III;

(b) it is signed with the electronic signature of the operator responsible for the consignment;

(c) it is signed with the advanced or qualified electronic signature of the official inspector at:

(i)

either the designated point of entry; or

(ii)

the designated point of import; or

(iii)

the control point, during the transitional period provided for in Article 19(1);

(d) it bears the advanced or qualified electronic seal of the issuing competent authority to which the official inspector belongs;

(e) it is sealed by the TRACES System with an advanced or qualified electronic seal.

2. Each of the operations referred to in paragraph 1 shall be timestamped with a qualified electronic time stamp.]

Textual Amendments

F4 Inserted by Commission Implementing Regulation (EU) 2019/1714 of 30 September 2019 amending Regulations (EC) No 136/2004 and (EC) No 282/2004 as regards the model of common veterinary entry document for products and animals and amending Regulation (EC) No 669/2009 as regards the model of common entry document for certain feed and food of non-animal origin (Text with EEA relevance).

Article 8 U.K. Increased level of official controls at designated points of entry

1. The competent authority at the designated point of entry shall carry out without undue delay:

(a) documentary checks on all consignments within 2 working days from the time of arrival at the DPE, unless exceptional and unavoidable circumstances arise;

(b) identity and physical checks, including laboratory analysis, at the frequencies set out in Annex I, and in such a way that it is not possible for feed and food business operators or their representatives to predict whether any particular consignment will be subjected to such checks; the results of physical checks must be available as soon as technically possible.

2. After completion of the checks provided for in paragraph 1, the competent authority shall:

(a) complete the relevant part of Part II of the common entry document; and the responsible official of the competent authority shall stamp and sign the original of that document;

(b) make and retain a copy of the signed and stamped common entry document.

The original of the common entry document shall accompany the consignment on its onward transport until it reaches its destination as indicated in the CED.

The competent authority at the DPE may authorise onward transportation of the consignment pending the results of the physical checks. Where authorisation is given, the competent authority at the DPE shall notify the competent authority at the point of destination and appropriate arrangements shall be put in place to ensure that the consignment remains under the continuous control of the competent authorities and cannot be tampered with in any manner pending the results of the physical checks.

In cases where the consignment is transported pending the availability of results from the physical checks, a certified copy of the original CED shall be issued for that purpose.

Article 9 U.K. Special circumstances

1. On request of the Member State concerned, the Commission may authorise the competent authorities of certain designated points of entry operating under specific geographical constraints to carry out physical checks at the premises of a feed and food business operator, provided that the following conditions are met:

(a) the efficiency of controls carried out at the DPE is not adversely affected;

(b) the premises fulfil the requirements indicated in Article 4, as relevant, and are approved for that purpose by the Member State;

(c) appropriate arrangements are in place to guarantee that the consignment remains under the continuous control of the competent authorities of the DPE as from the moment of its arrival at the DPE and cannot be tampered with in any manner throughout all checks.

[F5 2. By way of derogation from Article 8(1), under exceptional circumstances, the Commission may provide in respect of a product listed in Annex I, that identity and physical checks on consignments of such products can be carried out by the competent authority of the place of destination as indicated in the CED, if appropriate at the premises of the feed and food business operator if the conditions laid down in paragraph 1 (b) and (c) are satisfied, provided that the following conditions are met:

(a) the highly perishable nature of the product or the specific characteristics of the packaging are such that the performance of sampling operations at the DPE would inevitably result in a serious risk to food safety or in the product being damaged to an unacceptable extent;

(b) appropriate cooperation arrangements are put in place by the competent authorities at the DPE and the competent authorities performing the physical checks to ensure that:

(i)

the consignment cannot be tampered with in any manner throughout all checks;

(ii)

the reporting requirements laid down in Article 15 are fully met.]

Textual Amendments

F5 Substituted by Commission Implementing Regulation (EU) 2017/2298 of 12 December 2017 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin (Text with EEA relevance).

Article 10 U.K. Release for free circulation

The release for free circulation of consignments shall be subject to the presentation by the feed and food business operator or their representative to the custom authorities of a common entry document or its electronic equivalent duly completed by the competent authority once all controls required in accordance with Article 8(1) have been carried out and favourable results from physical checks, where such checks are required, are known.

Article 11 U.K. Obligations of feed and food business operators

In cases where the special characteristics of the consignment so warrant, feed and food business operator or their representative shall make available to the competent authority:

(a)

sufficient human resources and logistics to unload the consignment, in order that the official controls may take place;

(b)

the appropriate equipment for sampling for analysis as regards special transport and/or specific packaging forms, insofar as such sampling cannot be representatively performed with standard sampling equipment.

Article 12 U.K. Splitting of consignments

Consignments shall not be split until the increased level of official controls has been completed, and the common entry document has been completed by the competent authority as provided for in Article 8.

In the case of subsequent splitting of the consignment, an authenticated copy of the common entry document shall accompany each part of the consignment until it is released for free circulation.

[F3 Article 13 U.K. Non-compliance

1. If the official controls establish non-compliance, the responsible official of the competent authority shall complete Part III of the common entry document and action shall be taken pursuant to Articles 19, 20 and 21 of Regulation (EC) No 882/2004.

2. Where the competent authority at the designated point of entry does not permit the introduction of a consignment of feed and food listed in Annex I due to non-compliance with a maximum residue level set out in Regulation (EC) No 396/2005, it shall immediately notify such border rejection in accordance with Article 19(3) of Regulation (EC) No 882/2004.]

Textual Amendments

F3 Substituted by Commission Implementing Regulation (EU) 2018/941 of 2 July 2018 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and Commission Implementing Regulation (EU) No 885/2014 (Text with EEA relevance).

Article 14 U.K. Fees

1. Member States shall ensure the collection of fees occasioned by the increased level of official controls provided for in this Regulation in accordance with Article 27(4) of Regulation (EC) No 882/2004, and the criteria laid down in Annex VI to Regulation (EC) No 882/2004.

2. Feed and food business operators responsible for the consignment or their representatives shall pay the fees referred to in paragraph 1.

Article 15 U.K. Reporting to the Commission

1. Member States shall submit to the Commission a report on consignments, for the purposes of a continuous assessment of the feed and food of non-animal origin listed in Annex I.

[F1 They shall submit that report biannually by the end of the month following each semester.]

2. The report shall include the following information:

(a) details of each consignment, including:

(i)

the size in terms of net weight of the consignment;

(ii)

the country of origin of each consignment;

(b) the number of consignments subjected to sampling for analysis;

(c) the results of the checks as provided for in Article 8(1);

3. The Commission shall compile the reports received pursuant to paragraph 2 and make them available to the Member States.

[F6 4. The reporting obligations set out in paragraphs 1 and 2 shall be deemed to be satisfied where Member States have registered in TRACES the common entry documents issued by their respective competent authorities in accordance with this Regulation during the reporting period set out in paragraph 1.]

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2016/1024 of 24 June 2016 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin (Text with EEA relevance).

F6 Inserted by Commission Implementing Regulation (EU) 2019/35 of 8 January 2019 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin (Text with EEA relevance).

Article 16 U.K. Amendment to Decision 2006/504/EC

Decision 2006/504/EC is amended as follows:

1.

in Article 1, point (a) (iii), (iv) and (v) are deleted,

2.

in Article 5, paragraph 2 (a) is replaced by the following:

‘(a)

each consignment of foodstuffs from Brazil’,

3.

in Article 7, paragraph 3 is deleted.

Article 17 U.K. Repeal of Decision 2005/402/EC

Commission Decision 2005/402/EC is repealed.

Article 18 U.K. Applicability

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 25 January 2010.

[F7 Article 19 U.K. Transitional measures

[F8 1. Until 13 December 2019 , where a designated point of entry is not equipped with the facilities required to carry out identity and physical checks as provided for in Article 8(1)(b), those checks may be carried out at another control point in the same Member State, authorised for that purpose by the competent authority, before goods are declared for release for free circulation, provided that such control point complies with the minimum requirements laid down in Article 4.]

2. Member States shall make publicly available, by electronic publication on their website, a list of the control points authorised in accordance with paragraph 1.]

Textual Amendments

F7 Substituted by Commission Regulation (EU) No 212/2010 of 12 March 2010 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin (Text with EEA relevance).

F8 Substituted by Commission Implementing Regulation (EU) 2019/35 of 8 January 2019 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin (Text with EEA relevance).

This Regulation shall be binding in its entirety and directly applicable in all Member States.