TITLE IIOFFICIAL CONTROLS AND OTHER OFFICIAL ACTIVITIES ...

CHAPTER VOfficial controls on animals and goods entering Great Britain

Section IIOfficial controls at border control posts on animals and goods

Article 54Frequency of documentary checks, identity checks and physical checks

1.

F1Subject to any alternative provision in regulations made under paragraph 3 or 4 of this Article, all consignments of the categories of animals and goods referred to in Article 47(1) shall be subject to documentary checks.

2.

F2Documentary checks, 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 F3appropriate authority may make regulations laying down rules for the uniform application of the appropriate frequency rate referred to in paragraph 2 F4, 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. F5Those rules may provide for a range of frequencies to be used and may also establish:

(a)

the criteria and the procedures for determining and modifying the F6frequency rates of documentary checks, 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:

  1. (i)

    information collected by the F7appropriate authority in accordance with Article 125(1);

  2. (ii)

    the outcome of controls performed F8... in accordance with Article 120(1) F9by experts appointed by the appropriate authority;

  3. (iii)

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

  4. (iv)

    data and information collected via F10the appropriate computerised information management system referred to in Article 131;

  5. (v)

    available scientific assessments; and

  6. (vi)

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

(b)

the conditions under which F11competent authorities may increase the F6frequency rates of documentary checks, 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 F6frequency rates of documentary checks, identity checks and physical checks established in accordance with point (a) are applied in a timely and uniform manner.

F12...

4.

 F13The appropriate authority may make regulations laying down rules on the frequency of documentary checks, identity checks and physical checks for—

(a)

the categories of goods referred to in point (c) of Article 47(1) which are within the scope of Article 2(4) of Regulation (EU) 2016/2031;

(b)

the categories of goods referred to in point (d) of Article 47(1);

(c)

the categories of animals and goods referred to in points (e) and (f) of Article 47(1).

Regulations under point (a) may make provision for a single frequency rate to be applied to a consignment of goods where the constituent parts of the consignment would otherwise be subject to different frequency rates, with such rate determined by the risk posed by each individual commodity as well as the overall size and composition of the consignment.

F14Regulations 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.