Regulation (EU) 2017/625 of the European Parliament and of the CouncilShow full title

Article 54 U.K. Frequency of documentary checks, identity checks and physical checks

1. All consignments of the categories of animals and goods referred to in Article 47(1) shall be subject to documentary checks.

2. Identity checks and physical checks shall be performed on consignments of the categories of animals and goods referred to in Article 47(1) at a frequency dependent on the risk posed by each animal, good or category of animals or goods to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment.

3. The [F1 appropriate authority may make regulations laying] down rules for the uniform application of the appropriate frequency rate referred to in paragraph 2 [F2 , which may also include provision for the appropriate authority to set the appropriate frequency rates by publication of those rates online, as amended from time to time]. Those rules shall ensure that those frequencies are higher than a zero frequency and shall establish:

(a) the criteria and the procedures for determining and modifying the frequency rates of identity checks and physical checks to be performed on consignments of the categories of animals and goods referred to in points (a), (b) and (c) of Article 47(1) and to adjust them to the level of risk associated with those categories, having regard to:

(i)

information collected by the [F3 appropriate authority] in accordance with Article 125(1);

(ii)

the outcome of controls performed F4 ... in accordance with Article 120(1) [F5 by experts appointed by the appropriate authority];

(iii)

operators’ past record as regards compliance with the rules referred to in Article 1(2);

(iv)

data and information collected via [F6 the appropriate computerised information management system] referred to in Article 131;

(v)

available scientific assessments; and

(vi)

any other information regarding the risk associated to the categories of animals and goods;

(b) the conditions under which [F7 competent authorities] may increase the frequency rates of identity checks and physical checks established in accordance with point (a) so as to take account of local risk factors;

(c) the procedures for ensuring that the frequency rates of identity checks and physical checks established in accordance with point (a) are applied in a timely and uniform manner.

F8 ...

4. The [F9 appropriate authority may make regulations laying] down rules on:

(a) the frequency of identity checks and physical checks for the categories of goods referred to in point (d) of Article 47(1); and

(b) the frequency of identity checks and physical checks for the categories of animals and goods referred to in points (e) and (f) of Article 47(1) as long as this is not already provided for in the acts referred to therein.

[F10 Regulations under this paragraph may also make provision for the competent authority from time to time to specify and publish online the minimum frequency of the performance of official controls.]

Textual Amendments

F1 Words in Art. 54(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, 11(8)(a)(i)(aa) (with reg. 46)

F2 Words in Art. 54(3) 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, 11(8)(a)(i)(bb) (with reg. 46)

F3 Words in Art. 54(3)(a)(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, 11(8)(a)(ii)(aa) (with reg. 46)

F4 Words in Art. 54(3)(a)(ii) 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, 11(8)(a)(ii)(bb) (with reg. 46)

F5 Words in Art. 54(3)(a)(ii) 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, 11(8)(a)(ii)(bb) (with reg. 46)

F6 Words in Art. 54(3)(a)(iv) 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, 11(8)(a)(ii)(cc) (with reg. 46)

F7 Words in Art. 54(3)(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, 11(8)(a)(iii) (with reg. 46)

F8 Words in Art. 54(3) 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, 11(8)(a)(iv) (with reg. 46)

F9 Words in Art. 54(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, 11(8)(b)(i) (with reg. 46)

F10 Words in Art. 54(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, 11(8)(b)(ii) (with reg. 46)