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

CHAPTER IV U.K. Information management system

Article 131 U.K. Information management system for official controls F1 ...

1. The [F2 appropriate authority must] set up and manage a computerised information management system for official controls F3 ... 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 F4 ... through the [F5 computerised 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).

Textual Amendments

F1 Word in Art. 131 heading 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, 24(1) (with reg. 46)

F2 Words in Art. 131(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, 24(2)(a)(i) (with reg. 46)

F3 Word in Art. 131(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, 24(2)(a)(ii) (with reg. 46)

F4 Words in Art. 131(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, 24(2)(b)(i) (with reg. 46)

F5 Words in Art. 131(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, 24(2)(b)(ii) (with reg. 46)

Article 132 U.K. General functionalities of the [F6 computerised information management system]

The [F7 computerised 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 [F8 regulations] provided for in Articles 16 to 27 provide for the exchange [F9 between 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  [F10 107];

(c)

F11 ...

(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; F12 ...

(e)

F12 ...

Textual Amendments

F6 Words in Art. 132 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, 24(3) (with reg. 46)

F7 Words in Art. 132 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, 24(4)(a) (with reg. 46)

F8 Word in Art. 132(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, 24(4)(b)(i) (with reg. 46)

F9 Words in Art. 132(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, 24(4)(b)(ii) (with reg. 46)

F10 Word in Art. 132(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, 24(4)(c) (with reg. 46)

F11 Art. 132(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, 24(4)(d) (with reg. 46)

F12 Art. 132(e) and word 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, 24(4)(e) (with reg. 46)

Article 133 U.K. Use of the [F13 computerised 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 [F14 Great Britain] or placing on the market are subject to specific requirements or procedures established by the rules referred to in Article 1(2), the [F15 computerised 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 [F16 entering 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 [F17 rules in force in the relevant constituent territory of Great Britain] apply in relation to the issuance of the export certificate, the [F18 computerised 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 [F19 computerised 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 [F20 Great 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 [F21 any 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).

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

Textual Amendments

F13 Words in Art. 133 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, 24(5) (with reg. 46)

F14 Words in Art. 133(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, 24(6)(b)(i) (with reg. 46)

F15 Words in Art. 133(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, 24(6)(a) (with reg. 46)

F16 Words in Art. 133(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, 24(6)(b)(ii) (with reg. 46)

F17 Words in Art. 133(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, 24(6)(c) (with reg. 46)

F18 Words in Art. 133(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, 24(6)(a) (with reg. 46)

F19 Words in Art. 133(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, 24(6)(a) (with reg. 46)

F20 Words in Art. 133(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, 24(6)(d)(i) (with reg. 46)

F21 Words in Art. 133(3)(b) substituted (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, 24(6)(d)(ii) (with reg. 46)

F22 Art. 133(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, 24(6)(e) (with reg. 46)

Article 134 U.K. The functioning of the [F23 appropriate computerised information management system]

The [F24 appropriate authority may make regulations laying] down:

(a)

F25 ...

(b)

the specific rules for the functioning of the [F26 appropriate computerised information management system] and of its system components to ensure protection of personal data and security of exchange of information;

(c)

F27 ...

(d)

contingency arrangements to be applied in the event of unavailability of any of the functionalities of the [F28 appropriate 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 [F28 appropriate 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 [F28 appropriate computerised information management system];

(g)

F29 ...

(h)

the cases where, and the conditions under which, exemptions from the use of the [F30 appropriate computerised information management system] can be granted to occasional users.

F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Words in Art. 134 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, 24(7) (with reg. 46)

F24 Words in Art. 134 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, 24(8)(a) (with reg. 46)

F25 Art. 134(a) 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, 24(8)(b) (with reg. 46)

F26 Words in Art. 134(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, 24(8)(c) (with reg. 46)

F27 Art. 134(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, 24(8)(d) (with reg. 46)

F28 Words in arts. 134(d)-(f) 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, 24(8)(c) (with reg. 46)

F29 Art. 134(g) 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, 24(8)(d) (with reg. 46)

F30 Words in Art. 134(h) 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, 24(8)(c) (with reg. 46)

F31 Words in Art. 134 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, 24(8)(e) (with reg. 46)

[X1 Article 135 U.K. Data protection

1 . [F32 United 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 [F33 appropriate computerised information management system] contains personal data as defined in [F34 section 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 [F33 appropriate computerised information management system] and the processing of any personal data that might result from that activity, the competent authorities F35 ... shall be regarded as controllers as defined in [F36 section 1(1) of the Data Protection Act 1998 or section 3(6) of the Data Protection Act 2018, as the case may be].

F37 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. The [F39 competent 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.]

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation) (Official Journal of the European Union L 95 of 7 April 2017).

Textual Amendments

F32 Words in Art. 135(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, 24(9)(b)(i) (with reg. 46)

F33 Words in Art. 135 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, 24(9)(a) (with reg. 46)

F34 Words in Art. 135(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, 24(9)(b)(ii) (with reg. 46)

F35 Words in Art. 135(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, 24(9)(c)(i) (with reg. 46)

F36 Words in Art. 135(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, 24(9)(c)(ii) (with reg. 46)

F37 Art. 135(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, 24(9)(d) (with reg. 46)

F38 Art. 135(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, 24(9)(d) (with reg. 46)

F39 Words in Art. 135(5) 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, 24(9)(e) (with reg. 46)

[F40 Article 136 U.K. Data 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.]

Textual Amendments

F40 Art. 136 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, 24(10) (with reg. 46)