TITLE VIF37ACTIVITIES IN RELATION TO CONTROLS
CHAPTER IF88Controls in third countries
Title 6 Ch. 1 heading 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, 21(2) (with reg. 46)
F42Article 116Commission controls in Member States
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F42Article 117Reports by the Commission on controls in Member States
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F42Article 118Programme of the Commission controls in Member States
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F42Article 119Obligations of the Member States as regards Commission controls
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Article 120F87... Controls in third countries
1
F92Experts appointed by the competent authorities may perform controls in third countries in order to:
a
verify the compliance or equivalence of third-country legislation and systems, including official certification and the issuance of official certificates, official labels, official marks and other official attestations, with the requirements laid down in the rules referred to in Article 1(2);
b
verify the capacity of the third country control system to ensure that consignments of animals and goods exported to F77Great Britain comply with relevant requirements established by the rules referred to in Article 1(2) or with requirements recognised to be at least equivalent thereto;
c
collect information and data to elucidate the causes of recurring or emerging problems in relation to exports of animals and goods from a third country.
2
The controls provided for in paragraph 1 shall have particular regard to:
a
the legislation of the third country;
b
the organisation of the third country’s competent authorities, their powers and independence, the supervision to which they are subject and the authority they have to enforce the applicable legislation effectively;
c
the training of staff of the competent authority of the third country in the performance of official controls;
d
the resources including analytical, testing and diagnostic facilities available to competent authorities;
e
the existence and operation of documented control procedures and control systems based on priorities;
f
where applicable, the situation regarding animal health, animal welfare, zoonoses and plant health, and procedures for notifying the F76competent authorities in Great Britain and relevant international bodies of outbreaks of animal diseases and pests of plants;
g
the extent and operation of controls performed by the competent authority of the third country on animals, plants and their products arriving from other third countries; and
h
the assurances which the third country can give regarding compliance with, or equivalence to, the requirements laid down in the rules referred to in Article 1(2).
3
In order to facilitate the efficiency and effectiveness of the controls provided for in paragraph 1, the F46appropriate authority may, prior to performing such controls, request that the third country concerned provide:
a
the necessary information referred to in Article 125(1); and
b
where appropriate and necessary, the written records on the controls its competent authorities perform.
F794
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Article 121Frequency of F35... controls in third countries
The frequency of F98... controls in third countries referred to in Article 120 shall be determined on the basis of the following criteria:
- (a)
a risk assessment of the animals and goods exported to F64Great Britain from the third country concerned;
- (b)
the rules referred to in Article 1(2);
- (c)
the volume and nature of animals and goods entering F64Great Britain from the third country concerned;
- (d)
the outcome of controls already performed by the F96experts appointed by the competent authority or by other inspection bodies;
- (e)
the outcome of official controls on animals and goods entering F64Great Britain from the third country concerned and of any other official controls that competent authorities F71in Great Britain have performed;
- (f)
information received from the EFSA or similar bodies;
- (g)
information received from internationally recognised bodies such as:
- (i)
the World Health Organization;
- (ii)
the Codex Alimentarius Commission;
- (iii)
the World Organization for Animal Health (OIE);
- (iv)
European and Mediterranean Plant Protection Organization and any other regional plant protection organisations established under the International Plant Protection Convention (IPPC);
- (v)
the secretariat of the IPPC;
- (vi)
Organisation for Economic Co-operation and Development;
- (vii)
United Nations Economic Commission for Europe;
- (viii)
the secretariat of the Cartagena Protocol on Biosafety to the Convention on Biological Biodiversity;
- (i)
- (h)
evidence of emerging disease situations or other circumstances that might result in animals and goods entering F64Great Britain from a third country presenting health or environmental risks or a risk of fraudulent or deceptive practices;
- (i)
the need to investigate or respond to emergency situations in individual third countries.
Article 122Reports by the F52competent authority on controls in third countries
Article 123Programme of F7... controls in third countries
The F3competent authority shall communicate its programme of controls in third countries to F90other competent authorities in Great Britain in advance and shall report on the results. The F3competent authority may amend that programme to take account of developments in the areas governed by the rules referred to in Article 1(2). Any such amendment shall be communicated to the F90other competent authorities in Great Britain in advance.
F27Article 124Third-country controls in Member States
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CHAPTER IIConditions for the entry into F50Great Britain of animals and goods
Words in Title 6 Ch. 2 heading 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, 22(1) (with reg. 46)
C2Article 125Information on third countries' control systems
1
The F12appropriate authority shall request third countries which intend to export animals and goods to F36Great Britain to provide the following accurate and up-to-date information on the general organisation and management of sanitary and phytosanitary control systems in their territory:
a
any sanitary or phytosanitary rules adopted or proposed within their territory;
b
risk-assessment procedures and factors taken into consideration for the assessment of risks and for the determination of the appropriate level of sanitary or phytosanitary protection;
c
any control and inspection procedures and mechanisms, including, where relevant, on animals or goods arriving from other third countries;
d
official certification mechanisms;
e
where appropriate, any measures taken following recommendations provided for in the first paragraph of Article 122;
f
where relevant, results of controls performed on animals and goods intended to be exported to F91Great Britain; and
g
where relevant, information on changes made to the structure and functioning of control systems adopted to meet F48the sanitary or phytosanitary requirements of the constituent territories of Great Britain, or recommendations provided for in the first paragraph of Article 122.
2
The request for information referred to in paragraph 1 shall be proportionate, taking account of the nature of the animals and goods to be exported to F40Great Britain and of the specific situation in, and structure of, the third country.
C1Article 126Establishment of additional conditions for entry into F67Great Britain of animals and goods
1
The F54appropriate authority may make regulations to supplement this Regulation concerning the conditions to be respected by animals and goods entering F20Great Britain from third countries which are necessary to ensure that the animals and goods comply with the relevant requirements established by the rules referred to in Article 1(2), with the exception of points (d), (e), (g) and (h) of Article 1(2), or with requirements recognised to be at least equivalent thereto.
2
The conditions laid down in the F14regulations referred to in paragraph 1 shall identify animals and goods by referring to their codes from the F85classification system applicable in the United Kingdom, as amended from time to time, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border Trade) Act 2018 or under any other enactment and may include:
a
b
the requirement that consignments of certain animals and goods from third countries be dispatched from, and obtained or prepared in, establishments which comply with the relevant requirements referred to in paragraph 1 or with requirements recognised to be at least equivalent thereto;
c
the requirement that consignments of certain animals and goods be accompanied by an official certificate, an official attestation, or by any other evidence that the consignments comply with the relevant requirements referred to in paragraph 1 or with requirements recognised to be at least equivalent thereto, including the results of the analysis performed by an accredited laboratory;
d
the obligation to provide the evidence referred to in point (c) in accordance with a specific format;
e
any other requirement necessary to ensure that certain animals and goods offer a level of protection of health and, as regards GMOs, also of the environment, equivalent to that ensured by the requirements referred to in paragraph 1.
3
The F18appropriate authority may make regulations laying down rules on the format and type of official certificates, official attestations, or evidence required in accordance with the rules provided for in point (c) of paragraph 2 of this Article. F15Those regulations may also make provision for the appropriate authority from time to time to specify and publish online the form in which those certificates, official attestations or evidence must be presented.
Article 127Inclusion in the list of third countries referred to in point (a) of Article 126(2)
1
The inclusion of a third country or region thereof in the list referred to in point (a) of Article 126(2) shall be made in accordance with paragraphs 2 and 3 of this Article.
F662
The appropriate authority may, by means of regulations, approve a request by a third country for inclusion on the list referred to in Article 126(2)(a), provided that the request is accompanied by appropriate evidence and guarantees that consignments of the animals and goods concerned from that third country comply with the conditions referred to in Article 126(1), or with equivalent requirements.
3
The F72appropriate authority shall decide on the request referred to in paragraph 2 taking into account, as appropriate:
a
the third country’s legislation in the sector concerned;
b
the structure and organisation of the competent authorities of the third country and its control services, the powers available to them, the guarantees that can be provided with regard to the application and enforcement of the legislation of the third country applicable to the sector concerned, and the reliability of the official certification procedures;
c
the performance by the competent authorities of the third country of adequate official controls and other activities to assess the presence of hazards for human, animal or plant health, for animal welfare or, in relation to GMOs and plant protection products, also for the environment;
d
the regularity and rapidity of information supplied by the third country on the presence of hazards for human, animal or plant health, for animal welfare or, in relation to GMOs and plant protection products, also for the environment;
e
the guarantees given by the third country that:
- (i)
conditions applied to the establishments from which animals or goods are exported to F53Great Britain comply with requirements that are equivalent to those referred to in Article 126(1);
- (ii)
a list of the establishments referred to in point (i) is drawn up and kept up to date;
- (iii)
F28...
- (iv)
the establishments referred to in point (i) are the subject of regular and effective controls by the competent authorities of the third country;
f
the findings of controls performed by the F89experts appointed by the appropriate authority in the third country in accordance with Article 120(1);
g
any other information or data on the capability of the third country to ensure that only animals or goods which provide the same or an equivalent level of protection as that afforded by the relevant requirements referred to in Article 126(1) enter F49Great Britain.
4
The F68appropriate authority shall delete the reference to a third country or a region of a third country from the list referred to in point (a) of Article 126(2) where the conditions for inclusion on the list cease to be met. The procedure referred to in paragraph 2 of this Article shall apply.
Article 128Special measures regarding the entry F81to Great Britain of certain animals and goods
1
Where, in cases other than those referred to in Article 53 of Regulation (EC) No 178/2002 and Article 249 of Regulation (EU) 2016/429, there is evidence that the entry into F30Great Britain of certain animals or goods originating from a third country, a region thereof or a group of third countries, pose a risk to human, animal or plant health or, as regards GMOs, also to the environment, or where there is evidence that widespread serious non-compliance with the rules referred to in Article 1(2) of this Regulation is taking place, the F82appropriate authority F17may make regulations laying down the measures necessary to contain such risk or put an end to the identified non-compliance. F10...
2
The F23regulations referred to in paragraph 1 shall identify animals and goods by referring to their codes from the F94classification system applicable in the United Kingdom, as amended from time to time, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border Trade) Act 2018 or under any other enactment, and may include:
a
the prohibition of entry into F30Great Britain of the animals and goods referred to in paragraph 1 originating in or dispatched from the third countries concerned or regions thereof;
b
the requirement that the animals and goods referred to in paragraph 1 originating in or dispatched from certain third countries or regions thereof be subject, prior to dispatch, to specific treatment or controls;
c
the requirement that the animals and goods referred to in paragraph 1 originating in or dispatched from certain third countries or regions thereof be subject, upon entry into F30Great Britain, to specific treatment or controls;
d
the requirement that consignments of the animals and goods referred to in paragraph 1 of this Article originating in or dispatched from certain third countries or regions thereof, be accompanied by an official certificate, an official attestation, or by any other evidence that the consignment complies with requirements established by the rules referred to in Article 1(2) or with requirements recognised to be at least equivalent thereto;
e
the requirement that the evidence referred to in point (d) be provided in accordance with a specific format;
f
other measures necessary to contain the risk.
F41The regulations may include provision allowing the appropriate authority from time to time to specify and publish online the required format for the purposes of point (e);
3
When adopting the measures referred to in paragraph 2, account shall be taken of:
a
the information collected in accordance with Article 125;
b
any other information that the third countries concerned have provided; and
c
where necessary, the results of F99controls carried out by experts appointed by the appropriate authority provided for in Article 120(1).
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Article 129Equivalence
1
In the areas governed by the rules referred to in Article 1(2), with the exclusion of points (d), (e), (g), and (h) of Article 1(2), the F26appropriate authority may make regulations recognising that measures applied in a third country, or regions thereof, are equivalent to the requirements laid down in those rules, on the basis of:
a
a thorough examination of information and data provided by the third country concerned pursuant to Article 125(1); and
b
where appropriate, the satisfactory outcome of a control performed in accordance with Article 120(1).
F80...
2
The F93regulations referred to in paragraph 1 shall set out the practical arrangements for the entry of animals and goods into F69Great Britain from the third country concerned, or regions thereof, and may include:
a
the nature and content of the official certificates or attestations that have to accompany the animals or goods;
b
c
where necessary, procedures for drawing up and amending lists of regions or establishments in the third country concerned from which the entry of animals and goods into F69Great Britain is permitted.
F60The Regulations may include provision allowing the appropriate authority from time to time to specify and publish online the nature and content of the documents referred to in point (a).
CHAPTER IIITraining of staff of the competent authorities and of other authorities
F74F74...
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CHAPTER IVInformation management system
Article 131Information management system for official controls F32...
1
The F4appropriate authority must set up and manage a computerised information management system for official controls F13... for the integrated operation of the mechanisms and tools through which data, information and documents concerning official controls and other official activities are managed, handled, and automatically exchanged.
2
The processing of personal data F75... through the F21computerised information management system and any one of its components shall only be carried out for the purpose of performing official controls and other official activities in accordance with this Regulation and with the rules referred to in Article 1(2).
Article 132General functionalities of the F78computerised information management system
The F1computerised information management system shall:
- (a)
allow for the computerised handling and exchange of information, data and documents necessary for the performance of official controls, resulting from the performance of official controls or the recording of the performance or outcome of official controls in all cases where this Regulation, the rules referred to in Article 1(2) or the F44regulations provided for in Articles 16 to 27 provide for the exchange F63between competent authorities, and where appropriate with other authorities and the operators, of such information, data and documents;
- (b)
provide a mechanism for the exchange of data, information and documents in accordance with Articles 102 to F62107;
- (c)
F95...
- (d)
allow for the production, handling and transmission, including in electronic form, of the journey log referred to in Article 5(4) of Regulation (EC) No 1/2005, of the records obtained by the navigation system referred to in Article 6(9) of that Regulation, of official certificates and of the CHED referred to in Article 56 of this Regulation; F83...
- (e)
F83...
Article 133Use of the F16computerised information management system in the case of animals and goods subject to certain official controls
1
In the case of animals or goods whose movements within F51Great Britain or placing on the market are subject to specific requirements or procedures established by the rules referred to in Article 1(2), the F6computerised information management system shall enable the competent authorities at the place of dispatch and other competent authorities responsible for performing official controls on those animals or goods to exchange, in real time, data, information and documents concerning animals or goods F56entering or being moved within Great Britain, or concerning the official controls performed on or in relation to those animals or goods.
The first subparagraph of this paragraph shall not apply to goods subject to the rules referred to in points (g) and (h) of Article 1(2).
2
In the case of exported animals and goods for which F31rules in force in the relevant constituent territory of Great Britain apply in relation to the issuance of the export certificate, the F58computerised information management system shall enable the competent authorities of the place of dispatch and other competent authorities responsible for performing official controls to exchange, in real time, data, information and documents concerning such animals and goods and the outcome of controls performed on those animals and goods.
3
In the case of animals or goods subject to the official controls referred to in Articles 44 to 64, the F11computerised information management system shall:
a
enable the competent authorities at the border control posts and other competent authorities responsible for performing official controls on those animals or goods to exchange, in real time, data, information and documents concerning those animals and goods and on controls performed on those animals or goods;
b
enable the competent authorities at the border control posts to share and exchange relevant data, information and documents with customs authorities and other authorities responsible for performing controls on animals or goods entering F59Great Britain from third countries, and with operators involved in entry procedures, in accordance with the rules adopted pursuant to Articles 15(4) and 75(2) and with F84any other relevant legislation in force in the relevant constituent territory of Great Britain; and
c
support and operate the procedures referred to in point (a) of Article 54(3) and in Article 65(6).
F614
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Article 134The functioning of the F100appropriate computerised information management system
The F8appropriate authority may make regulations laying down:
- (a)
F73...
- (b)
the specific rules for the functioning of the F65appropriate computerised information management system and of its system components to ensure protection of personal data and security of exchange of information;
- (c)
F33...
- (d)
contingency arrangements to be applied in the event of unavailability of any of the functionalities of the F29appropriate computerised information management system;
- (e)
the cases where, and the conditions under which, the third countries and international organisations concerned may be granted partial access to the functionalities of the F29appropriate computerised information management system and the practical arrangements of such access;
- (f)
the cases where, and the conditions under which, the data, information and documents are to be transmitted using the F29appropriate computerised information management system;
- (g)
F70...
- (h)
the cases where, and the conditions under which, exemptions from the use of the F55appropriate computerised information management system can be granted to occasional users.
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X1Article 135Data protection
1
F39United Kingdom data protection legislation, as defined in section 3(9) of the Data Protection Act 2018 shall apply to the extent that the information processed through the F43appropriate computerised information management system contains personal data as defined in F19section 3(2) of the Data Protection Act 2018 and in point (a) of Article 2 of Regulation (EC) No 45/2001.
2
In relation to their responsibilities to transmit the relevant information to the F43appropriate computerised information management system and the processing of any personal data that might result from that activity, the competent authorities F34... shall be regarded as controllers as defined in F9section 1(1) of the Data Protection Act 1998 or section 3(6) of the Data Protection Act 2018, as the case may be.
F863
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F574
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5
The F47competent authority may restrict the rights and obligations under Article 4(1), Article 11, Article 12(1) and Articles 13 to 17 of Regulation (EC) No 45/2001 where such restriction constitutes a necessary measure to safeguard the interests referred to in points (a) and (e) of Article 20(1) of that Regulation during the period in which actions are being planned or performed to verify compliance with food or feed law or to ensure the enforcement of food or feed law in the specific case to which the information relates.
Article 136F24Data security
The appropriate authority must ensure that the computerised information management system and its operation comply with legislation on data security in force in the relevant constituent territory of Great Britain.
Title 6 heading 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, 21(1) (with reg. 46)