Commission Delegated Regulation (EU) 2019/2124Show full title

CHAPTER II U.K. Onward transportation of consignments of plants, plant products and other objects and of food and feed of non-animal origin as referred to in point (a) of Article 1(1)

SECTION 1 U.K. Conditions for onward transportation

Article 3 U.K. Operators’ obligations before onward transportation authorisation

1. Requests for the authorisation for onward transportation shall be made by the operator responsible for the consignments of goods referred to in point (a) of Article 1(1) to the competent authorities of the border control post of introduction into [F1 Great Britain] prior to arrival of the consignment at the border control post. Such request shall be made by giving notification as referred to in point (a) of Article 56(3) of Regulation (EU) 2017/625 by completing Part I of the CHED.

2. For consignments of goods referred to in point (a) of Article 1(1) which are selected for sampling and laboratory analysis at the border control post, the operator responsible for the consignments may make a request for the authorisation for onward transportation to the competent authorities of the border control post of introduction into [F1 Great Britain] by completing Part I of the CHED.

Textual Amendments

F1 Words in Arts. 3-5 substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(6) (with regs. 33-36)

Article 4 U.K. Authorisation for onward transportation

The competent authorities of the border control post of introduction into [F1 Great Britain] may authorise the onward transportation of consignments of goods referred to in point (a) of Article 1(1) provided that the following conditions are fulfilled:

(a)

the outcome of the documentary checks, identity checks and physical checks, other than of the laboratory analyses and tests carried out as part of those physical checks, performed at the border control post is satisfactory;

(b)

the operator responsible for the consignment has requested the onward transportation as provided for in Article 3.

Textual Amendments

F1 Words in Arts. 3-5 substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(6) (with regs. 33-36)

Article 5 U.K. Operators’ obligations after authorisation for onward transportation

When the competent authorities of the border control post of introduction into [F1 Great Britain] authorise the onward transportation of the consignments of goods referred to in point (a) of Article 1(1), the operator responsible for the consignment shall:

(a)

complete Part I of a separate CHED for the same consignment, linked in the [F2 appropriate computerised information management system] to the CHED referred to in Article 3, by declaring therein the means of transport and the date of arrival of the consignment at the selected onward transportation facility;

(b)

submit the CHED referred to in point (a) in the [F2 appropriate computerised information management system] for transmission to the competent authorities of the border control post which has authorised the onward transportation.

Textual Amendments

F1 Words in Arts. 3-5 substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(6) (with regs. 33-36)

F2 Words in Regulation substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), reg. 26(2) (with regs. 33-36)

Article 6 U.K. Conditions for transportation and storage of consignments subject to onward transportation

1. The operator responsible for the consignments authorised for onward transportation in accordance with Article 4 shall ensure that:

(a) during transport to, and storage at, the onward transportation facility, the consignment is not tampered with in any manner;

(b) the consignment is not subject to any alteration, processing, substitution or change of packaging;

(c) the consignment does not leave the onward transportation facility pending the decision on the consignment being taken by the competent authorities of the border control post in accordance with Article 55 of Regulation (EU) 2017/625.

2. The operator responsible for the consignment shall transport the consignment under customs supervision directly from the border control post of introduction into [F3 Great Britain] to the onward transportation facility, without the goods being unloaded during transport, and shall store it in the onward transportation facility.

3. The operator responsible for the consignment shall ensure that the packaging or the means of transport of the consignment of plants, plant products and other objects referred to in point (a)(i) and (ii) of Article 1(1) has been closed or sealed in such a way that, during their transport to and storage at the onward transportation facility:

(a) they do not cause an infestation of or an infection to other plants, plant products or other objects with pests listed as [F4 GB] quarantine pests or as [F4 GB] regulated non-quarantine pests;

(b) they do not become infested or infected by non-quarantine pests.

4. The operator responsible for the consignment shall ensure that a copy, on paper or in electronic form, of the CHED referred to in Article 3 accompanies the consignment from the border control post of introduction into [F5 Great Britain] to the onward transportation facility.

5. The operator responsible for the consignment shall notify the competent authorities at the place of final destination of the arrival of consignment at the onward transportation facility.

6. After the competent authorities of the border control post of introduction into [F6 Great Britain] have authorised the onward transportation of the consignment to the onward transportation facility, the operator responsible for the consignment shall not transport the consignment to a onward transportation facility that is different from the one indicated in the CHED, unless the competent authorities of the border control post of introduction into [F6 Great Britain] authorise the change in accordance with Article 4 and provided that the conditions laid down in paragraphs 1 to 5 of this Article are complied with.

Textual Amendments

F3 Words in Art. 6(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(7)(a) (with regs. 33-36)

F4 Word in Art. 6(3)(a) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(7)(b) (with regs. 33-36)

F5 Words in Art. 6(4) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(7)(a) (with regs. 33-36)

F6 Words in Art. 6(6) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(7)(a) (with regs. 33-36)

Article 7 U.K. Operations to be carried out by the competent authorities of the border control post after authorisation of onward transportation

1. When authorising the onward transportation of a consignment in accordance with Article 4, the competent authorities of the border control post of introduction into [F7 Great Britain] shall notify the competent authorities at the place of final destination of the transportation of the consignment by submitting the CHED referred to in Article 3 into the [F2 appropriate computerised information management system].

2. Upon finalisation of the CHED referred to in Article 5 of this Regulation in accordance with Article 56(5) of Regulation (EU) 2017/625, the competent authorities of the border control post of introduction into [F7 Great Britain] shall immediately notify the competent authorities at the place of final destination through the [F2 appropriate computerised information management system].

3. Where the consignment does not comply with the rules referred to in Article 1(2) of Regulation (EU) 2017/625, the competent authorities of the border control post of introduction into [F7 Great Britain] shall take measures in accordance with Article 66(3) to (6) of that Regulation.

4. Where the competent authorities of the border control post of introduction into [F7 Great Britain] have not received confirmation from the competent authorities of the place of destination of the arrival of a consignment within a period of 15 days from the date on which the consignment was authorised for onward transportation to the onward transportation facility, they shall:

(a) verify with the competent authorities at the place of destination whether or not the consignment has arrived at onward transportation facility;

(b) inform the customs authorities of the non-arrival of the consignment;

(c) undertake further investigation to determine the actual location of the consignment in cooperation with customs authorities and other authorities in accordance with Article 75(1) of Regulation (EU) 2017/625.

Textual Amendments

F2 Words in Regulation substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), reg. 26(2) (with regs. 33-36)

F7 Words in Art. 7 substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(8) (with regs. 33-36)

Article 8 U.K. Operations to be carried out by the competent authorities at the place of final destination

1. The competent authorities at the place of final destination shall confirm the arrival of the consignment at the onward transportation facility by completing in the [F2 appropriate computerised information management system] Part III of the CHED referred to in Article 3.

2. The competent authorities at the place of final destination shall place consignments which do not comply with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 under official detention in accordance with Article 66(1) of that Regulation, and shall take all necessary steps to apply the measures ordered by the competent authorities of the border control post in accordance with Article 66(3) and (4) of that Regulation.

[F8 3. This Article applies where the place of final destination is in Great Britain.]

Textual Amendments

F2 Words in Regulation substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), reg. 26(2) (with regs. 33-36)

F8 Art. 8(3) inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(9) (with regs. 33-36)

SECTION 2 U.K. Onward transportation facilities

Article 9 U.K. Conditions for the designation of onward transportation facilities

1. [F9 A competent authority in Great Britain] may designate onward transportation facilities for consignments of one or more categories of goods as referred to in point (a) of Article 1(1), provided that they comply with the following requirements:

(a) they are customs warehouses or temporary storage facilities F10 ...;

(b) where the designation concerns:

(i)

food of non-animal origin referred to in point (a)(iii) of Article 1(1) of this Regulation, the onward transportation facilities are registered with the competent authority as provided for in Article 6(2) of Regulation (EC) No 852/2004;

(ii)

feed of non-animal origin referred to in point (a)(iii) of Article 1(1) of this Regulation, the onward transportation facilities are registered with the competent authority as provided for in Article 9(2) of Regulation (EC) No 183/2005;

(c) they have the necessary technology and equipment for the efficient operation of the [F2 appropriate computerised information management system].

2. Where onward transportation facilities cease to comply with the requirements referred to in paragraph 1, [F11 the competent authority] shall:

(a) temporarily suspend the designation pending the implementation of corrective actions or permanently withdraw the designation for all or some of the categories of goods for which the designation was made;

(b) ensure that information on the onward transportation facilities referred to in Article 10 is updated accordingly.

Textual Amendments

F2 Words in Regulation substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), reg. 26(2) (with regs. 33-36)

F9 Words in Art. 9(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(10)(a)(i) (with regs. 33-36)

F10 Words in Art. 9(1)(a) omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(10)(a)(ii) (with regs. 33-36)

F11 Words in Art. 9(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(10)(b) (with regs. 33-36)

Article 10 U.K. Registration of designated onward transportation facilities in the [F2 appropriate computerised information management system]

[F12 The competent authority] shall maintain and keep up-to-date in the [F2 appropriate computerised information management system] the list of onward transportation facilities designated in accordance with Article 9(1), and provide the following information:

(a)

the name and address of the onward transportation facility;

(b)

the category of goods for which it is designated.

Textual Amendments

F2 Words in Regulation substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), reg. 26(2) (with regs. 33-36)

F12 Words in Art. 10 substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 26(11) (with regs. 33-36)