Article 104U.K.Assistance on request
1.Where the competent authorities F1... consider that, for the performance of official controls or for the effective follow-up to such controls in [F2the territory for which they are responsible], they require data or information from [F3another competent authority], they shall issue a reasoned request for administrative assistance to [F4that competent authority]. The requested competent authorities shall:
(a)acknowledge receipt of the request without delay;
(b)where the requesting competent authority so specifies, indicate within ten working days from the date of receipt of the request, the estimated time necessary to provide an informed response to the request; and
(c)perform official controls or investigations necessary to provide the requesting competent authorities without delay with all necessary information and documents to enable them to take informed decisions and verify compliance with [F5the relevant] rules within their jurisdiction.
2.Documents may be transmitted in their original form or copies may be provided.
3.By agreement between the requesting competent authorities and the requested competent authorities, staff designated by the former may be present during the official controls and investigations referred to in point (c) of paragraph 1 performed by the requested competent authorities.
In such cases the staff of the requesting competent authorities shall:
(a)at all times be able to produce written authority stating their identity and their official capacity;
(b)be granted access by the operator to the same premises and documents as the staff of the requested competent authorities, through their intermediary, and for the sole purpose of the administrative enquiry being carried out; and
(c)not, on their own initiative, exercise the powers of enquiry conferred on officials of the requested competent authorities.
Textual Amendments
F1Words in Art. 104(1) 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, 19(3)(a) (with reg. 46)
F2Words in Art. 104(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, 19(3)(b) (with reg. 46)
F3Words in Art. 104(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, 19(3)(c) (with reg. 46)
F4Words in Art. 104(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, 19(3)(d) (with reg. 46)
F5Words in Art. 104(1)(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, 19(3)(e) (with reg. 46)
