Article 44U.K.Official controls on animals and goods other than those subject to official controls at border control posts under Section II
1.To ascertain compliance with the rules referred to in Article 1(2), the competent authorities shall perform official controls regularly, on a risk basis and with appropriate frequency, on animals and goods entering [F1Great Britain] and to which Articles 47 and 48 do not apply.
2.On animals and goods referred to in paragraph 1 the appropriate frequency of the official controls shall be determined, taking into account:
(a)the risks to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment, associated with different types of animals and goods;
(b)any information indicating the likelihood that consumers might be misled, in particular as to the nature, identity, properties, composition, quantity, durability, country of origin or place of provenance, method of manufacture or production of goods;
(c)the history of compliance with the requirements established by the rules referred to in Article 1(2) applicable to the animals or goods concerned:
((i)of the third country and establishment of origin or place of production, as appropriate;
((ii)of the exporter;
((iii)of the operator responsible for the consignment;
(d)the controls that have already been performed on the animals and goods concerned; and
(e)the guarantees that the competent authorities of the third country of origin have given with regard to compliance of the animals and goods with the requirements established by the rules referred to in Article 1(2) or with requirements recognised to be at least equivalent thereto.
3.The official controls provided for in paragraph 1 shall be performed at an appropriate place within the customs territory of the [F2United Kingdom], including:
(a)the point of entry into [F3Great Britain];
(b)a border control post;
(c)the point of release for free circulation in [F4Great Britain];
(d)the warehouses and the premises of the operator responsible for the consignment;
(e)the place of destination.
4.Notwithstanding paragraphs 1 and 3, the competent authorities at border control posts and other points of entry into [F5Great Britain] shall perform official controls on the following whenever they have reason to believe that their entry into [F5Great Britain] may pose a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment:
(a)means of transport, including where empty; and
(b)packaging, including pallets.
5.The competent authorities may also perform official controls on goods that are placed under one of the customs procedures defined in point (16)(a), (b) and (c) of Article 5 of Regulation (EU) No 952/2013 and in a temporary storage defined in point (17) of Article 5 of that Regulation.
Textual Amendments
F1Words in Art. 44(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, 10(1)(a) (with reg. 46)
F2Words in Art. 44(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, 10(1)(b) (with reg. 46)
F3Words in Art. 44(3)(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, 10(1)(a) (with reg. 46)
F4Words in Art. 44(3)(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, 10(1)(a) (with reg. 46)
F5Words in Art. 44(4) 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, 10(1)(a) (with reg. 46)