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

TITLE IV U.K. ADMINISTRATIVE ASSISTANCE AND COOPERATION

Article 102 U.K. General rules

[F1 1. Competent authorities may provide administrative assistance to other competent authorities (whether a competent authority of the British Islands or of a third country).]

2. Administrative assistance shall include, where appropriate, and, by agreement between the competent authorities concerned, participation by the competent authorities of a [F2 constituent territory of the British Islands] in on-the-spot official controls that the competent authorities of another [F2 constituent territory of the British Islands] perform.

3. This Title shall be without prejudice to [F3 legislation in force in the relevant constituent territory of the British Islands]:

(a) applicable to the release of documents and information that are the object of, or related to, judicial investigations and court proceedings, including criminal investigations; and

(b) aimed at the protection of natural or legal persons’ commercial interests.

4. [F4 The appropriate authorities] shall take measures to facilitate the transmission, from other law enforcement authorities, public prosecutors and judicial authorities, to the competent authorities, of information on possible non-compliance with the rules referred to in Article 1(2) which is relevant for the application of this Title and which may constitute:

(a) a risk to human, animal or plant health, or to animal welfare, or, as regards GMOs and plant protection products, also to the environment; or

(b) a possible violation of the rules referred to in Article 1(2) perpetrated through fraudulent or deceptive practices.

5. All communications between competent authorities in accordance with Articles 104 to 107 shall be in writing, on paper or in electronic form.

F5 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Art. 102(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(1)(a) (with reg. 46)

F2 Words in Art. 102(2) 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(1)(b) (with reg. 46)

F3 Words in Art. 102(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, 19(1)(c) (with reg. 46)

F4 Words in Art. 102(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, 19(1)(d) (with reg. 46)

F5 Art. 102(6) 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(1)(e) (with reg. 46)

Article 103 U.K. Liaison bodies

1. [F6 Competent authorities] shall designate one or more liaison bodies acting as contact points responsible for facilitating the exchange of communications between competent authorities in accordance with Articles 104 to 107.

2. The designation of liaison bodies shall not preclude direct contacts, exchange of information or cooperation between the staff of competent authoritiesF7 ....

[F8 3. Competent authorities must—

(a) publish online the contact details of their liaison bodies designated in accordance with paragraph 1; and

(b) ensure that the information published in accordance with point (a) is kept up to date.]

F9 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Words in Art. 103(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(2)(a) (with reg. 46)

F7 Words in Art. 103(2) 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(2)(b) (with reg. 46)

F8 Art. 103(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, 19(2)(c) (with reg. 46)

F9 Art. 103(4)-(6) 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(2)(d) (with reg. 46)

Article 104 U.K. Assistance on request

1. Where the competent authorities F10 ... consider that, for the performance of official controls or for the effective follow-up to such controls in [F11 the territory for which they are responsible], they require data or information from [F12 another competent authority], they shall issue a reasoned request for administrative assistance to [F13 that 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 [F14 the 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

F10 Words 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)

F11 Words 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)

F12 Words 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)

F13 Words 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)

F14 Words 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)

Article 105 U.K. Assistance without request in the event of non-compliance

1. When [F15 a competent authority becomes] aware of a case of non-compliance, and if such non-compliance may have implications for another [F16 competent authority of a constituent territory of the British Islands], they shall notify such information to [F17 that other competent authority] without being requested to do so and without undue delay.

2. The competent authorities notified in accordance with paragraph 1 shall:

(a) acknowledge receipt of the notification without undue delay;

(b) where the notifying competent authority so specifies, indicate within ten working days from the date of receipt of the notification:

(i)

what investigations they intend to carry out; or

(ii)

the reasons why they consider that no investigations are necessary; and

(c) where investigations referred to in point (b) are considered necessary, investigate the matter and inform the notifying competent authorities without delay of the results and, where appropriate, of any measures taken.

Textual Amendments

F15 Words in Art. 105(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(4)(a) (with reg. 46)

F16 Words in Art. 105(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(4)(b) (with reg. 46)

F17 Words in Art. 105(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(4)(c) (with reg. 46)

Article 106 U.K. Assistance in the event of non-compliance creating a risk or a repeated or potentially serious infringement

1. Where, during official controls performed on animals or goods originating in [F18 another constituent territory of the British Islands], the competent authorities establish that such animals or goods do not comply with the rules referred to in Article 1(2) in such a way as to create a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment, or to constitute a potentially serious infringement of those rules, they shall, without delay, notify the competent authorities of the [F19 constituent territory of the British Islands from which the animals or goods were dispatched] and of any other [F20 constituent territory concerned] in order to enable those competent authorities to undertake appropriate investigations.

2. The notified competent authorities shall without delay:

(a) acknowledge receipt of the notification;

(b) where the notifying competent authority so specifies, indicate what investigations they intend to carry out; and

(c) investigate the matter, take all necessary measures and inform the notifying competent authorities of the nature of the investigations and official controls performed, of the decisions taken and of the reasons for such decisions.

F21 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Words in Art. 106(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(5)(a)(i) (with reg. 46)

F19 Words in Art. 106(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(5)(a)(ii) (with reg. 46)

F20 Words in Art. 106(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(5)(a)(iii) (with reg. 46)

F21 Art. 106(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, 19(5)(b) (with reg. 46)

F22 Art. 106(4) 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(5)(b) (with reg. 46)

Article 107 U.K. Assistance on the basis of information provided by third countries

1. When competent authorities receive information from a third country indicating non-compliance with rules referred to in Article 1(2) or a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, also to the environment, they shall, without delay:

(a) notify such information to the [F23 other competent authorities in the British Islands]; and

F24 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Information obtained through official controls and investigations performed in accordance with this Regulation may be communicated to the third country referred to in paragraph 1, provided that:

(a) the competent authorities which have provided the information consent to such communication;

(b) the third country has undertaken to provide the assistance necessary to gather evidence of practices that are or appear to be non-compliant with [F25 rules in force in the relevant constituent territory of Great Britain] or that pose a risk to humans, animals or plants or the environment; and

(c) relevant F26 ... national rules applicable to the communication of personal data to third countries are complied with.

Textual Amendments

F23 Words in Art. 107(1)(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, 19(6)(a)(i) (with reg. 46)

F24 Art. 107(1)(b) 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(6)(a)(ii) (with reg. 46)

F25 Words in Art. 107(2)(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, 19(6)(b)(i) (with reg. 46)

F26 Words in Art. 107(2)(c) 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(6)(b)(ii) (with reg. 46)

F27 Article 108 U.K. Coordinated assistance and follow-up by the Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Art. 108 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(7) (with reg. 46)