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

CHAPTER III U.K. Onward travel of animals staying on the same means of transport and transhipped consignments of animals and goods

Article 11 U.K. Documentary checks, identity checks and physical checks of consignments of animals staying on the same means of transport

1. The competent authorities of the border control post shall perform documentary checks on originals or copies of official certificates or documents that are required to accompany consignments of animals which arrive by air or sea [F1 from a third country] and stay on the same means of transport for onward travel, where such animals are intended to be placed on the market in [F2 Great Britain or in the Crown Dependencies,] or to transit through [F3 Great Britain and, where applicable, the Crown Dependencies].

2. The competent authorities referred to in paragraph 1 shall return to the operator responsible for the consignment the official certificates or documents on which they performed documentary checks to allow such official certificates or documents to accompany the consignment for onward travel.

3. When non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected, the competent authorities of the border control post shall perform documentary checks, identity checks and physical checks on the consignments.

Documentary checks shall be performed on original official certificates or documents that are required to accompany the consignment of animals as provided for by the rules referred to [F4 in] point (d) of Article 1(2) of Regulation (EU) 2017/625.

4. The competent authorities of the border control post of introduction into [F5 Great Britain] shall perform documentary checks, identity checks and physical checks, except where documentary checks, identity checks and physical checks have been performed at another border control post in accordance with paragraph 3.

Textual Amendments

F1 Words in Art. 11(1) 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(12)(a)(i) (with regs. 33-36)

F2 Words in Art. 11(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(12)(a)(ii) (with regs. 33-36)

F3 Words in Art. 11(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(12)(a)(iii) (with regs. 33-36)

F4 Word in Art. 11(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(12)(b) (with regs. 33-36)

F5 Words in Art. 11(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(12)(c) (with regs. 33-36)

Article 12 U.K. Documentary checks, identity checks and physical checks of transhipped consignments of animals

The competent authorities of the border control post of transhipment shall perform documentary checks, identity checks and physical checks of transhipped consignments of animals.

Article 13 U.K. Documentary checks, identity checks and physical checks of transhipped consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products

1. The competent authorities of the border control post of transhipment shall perform documentary checks on originals or copies of official certificates or documents that are required to accompany transhipped consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products in the following cases:

(a) for goods subject to the animal health requirements and the rules for the prevention and minimisation of risks to human and animal health arising from animal by-products and derived products referred to in points (d) and (e) of Article 1(2) of Regulation (EU) 2017/625 where the transhipment period:

(i)

at the airport exceeds 3 days;

(ii)

at the port exceeds 30 days;

(b) for goods other than those referred to in point (a), where the transhipment period exceeds 90 days.

2. The competent authorities referred to in paragraph 1 shall return to the operator responsible for the consignment the official certificates or documents on which they performed documentary checks to allow such official certificates or documents to accompany the consignment for onward travel.

3. Where the competent authorities of the border control post of transhipment [F6 suspect] non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625, they shall perform documentary checks, identity checks and physical checks on the consignment.

Those documentary checks shall be performed on original official certificates or documents where such official certificates or documents are required to accompany the consignment, as provided for by the rules referred to in Article 1(2) of Regulation (EU) 2017/625.

4. Where a consignment intended for dispatch to third countries exceeds the time period referred to in paragraph 1 and where it 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 shall order the operator either to destroy the consignment or to ensure that it leaves the [F7 territory of Great Britain to be transported to a third country] without delay.

5. The competent authorities of the border control post of introduction into [F8 Great Britain] shall perform the documentary, identity and physical checks provided for in Article 49(1) of Regulation (EU) 2017/625 of goods intended to be placed on the [F9 market in Great Britain or the Crown Dependencies], except where documentary checks, identity checks and physical checks have been performed at another border control post in accordance with paragraph 3.

6. The competent authorities of the border control post of introduction into [F10 Great Britain] shall perform checks referred in Article 19 of goods intended for transit through the [F11 territory of Great Britain and, where applicable, the Crown Dependencies], except where documentary checks, identity checks and physical checks have been performed at another border control post in accordance with paragraph 3.

Textual Amendments

F6 Word in Art. 13(3) 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(13)(a) (with regs. 33-36)

F7 Words in Art. 13(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(13)(b) (with regs. 33-36)

F8 Words in Art. 13(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(13)(c)(i) (with regs. 33-36)

F9 Words in Art. 13(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(13)(c)(ii) (with regs. 33-36)

F10 Words in Art. 13(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(13)(d)(i) (with regs. 33-36)

F11 Words in Art. 13(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(13)(d)(ii) (with regs. 33-36)

Article 14 U.K. Storage of transhipped consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products

Operators shall ensure that consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products are only stored during the transhipment period either in:

(i)

the customs or free zone area of the same port or airport in sealed containers; or

(ii)

commercial storage facilities under the control of the same border control post, in compliance with the conditions laid down in Article 3(11) and (12) of Commission Implementing Regulation (EU) 2019/1014(1).

Article 15 U.K. Documentary checks, identity checks and physical checks of transhipped consignments of plants, plant products and other objects

1. The competent authorities of the border control post of transhipment shall perform documentary checks on a risk basis of transhipped consignments of plants, plant products and other objects referred to in point (c)(ii) and (iii) of Article 1(1) where the transhipment period exceeds 3 days at the airport or 30 days at the port.

2. The competent authorities referred to in paragraph 1 shall return to the operator responsible for the consignment the official certificates or documents on which they performed documentary checks to allow the official certificates or documents to accompany the consignment for onward travel.

3. Where non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected, the competent authorities of the border control post of transhipment shall perform documentary checks, identity checks and physical checks on the consignment.

4. The documentary checks, identity checks and physical checks shall be performed at the border control post of introduction into [F12 Great Britain], except where documentary checks, identity checks and physical checks have been performed at another border control post in accordance with paragraph 3.

Textual Amendments

F12 Words in Art. 15(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(14) (with regs. 33-36)

Article 16 U.K. Notification of information before the transhipment period expires

1. For consignments intended for transhipment within the periods referred to in Articles 13(1) and 15(1), the operator responsible for the consignments shall provide notification before the arrival of the consignments to the competent authorities of the border control post of transhipment through the [F13 appropriate computerised information management system] or another information system designated by the competent authorities for that purpose, indicating the following:

(a) the information necessary for the identification and location of the consignment in the airport or port;

(b) the identification of the means of transportation;

(c) the estimated time of arrival and departure of the consignment;

(d) the destination of the consignment.

2. For the purposes of the notification referred to in paragraph 1, the competent authorities shall designate an information system which allows the competent authorities of the border control post of transhipment to:

(a) consult the information provided by operators;

(b) verify in respect of each consignment that the transhipment periods provided for in Articles 13(1) and 15(1) are not exceeded.

3. In addition to the prior notification provided for in paragraph 1 of this Article, the operator responsible for the consignment shall also notify the competent authorities of the border control post of transhipment by completing and submitting the relevant part of the CHED in the [F13 appropriate computerised information management system] as provided for in Article 56 of Regulation (EU) 2017/625 in the following cases:

(a) the transhipment period referred to in Articles 13(1) and 15(1) has expired; or

(b) the competent authorities of the border control post of transhipment inform the operator responsible for the consignment of their decision to perform documentary checks, identity checks and physical checks based on a suspicion of non-compliance as provided for in Article 13(3) or 15(3).

Textual Amendments

F13 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 17 U.K. Documentary checks, identity checks and physical checks of transhipped consignments of food and feed of non-animal origin

1. The competent authorities of the border control post of introduction into [F14 Great Britain] shall perform documentary checks, identity checks and physical checks on transhipped consignments of food and feed of non-animal origin subject to the measures provided for by the acts [F15 , or regulations (as the case may be),] referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625.

2. The operator responsible for the consignment shall give prior notification of the arrival of the consignment of goods referred to in paragraph 1 of this Article as provided for in Article 56(4) of Regulation (EU) 2017/625, to the competent authorities of the border control post of introduction into [F14 Great Britain].

Textual Amendments

F14 Words in Art. 17 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(15)(a) (with regs. 33-36)

F15 Words in Art. 17(1) 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(15)(b) (with regs. 33-36)

(1)

Commission Implementing Regulation (EU) 2019/1014 of 12 June 2019 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points (OJ L 165, 21.6.2019, p. 10).