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

Commission Delegated Regulation (EU) 2019/2124 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union, and amending Commission Regulations (EC) No 798/2008, (EC) No 1251/2008, (EC) No 119/2009, (EU) No 206/2010, (EU) No 605/2010, (EU) No 142/2011, (EU) No 28/2012, Commission Implementing Regulation (EU) 2016/759 and Commission Decision 2007/777/EC (Text with EEA relevance)

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CHAPTER IVU.K.Transit of animals and goods from one third country to another third country, passing through the [F1territory of Great Britain]

SECTION 1U.K.Official controls at the border control post of introduction into [F2Great Britain]

Article 18U.K.Documentary checks, identity checks and physical checks of consignments of animals in transit

The competent authorities of the border control post of introduction into [F3Great Britain] shall only authorise the transit of consignments of animals from one third country to another third country, passing through the territory of [F3Great Britain] where documentary checks, identity checks and physical checks have been favourable.

Textual Amendments

Article 19U.K.Conditions for the authorisation of transit of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products

The competent authorities of the border control post of introduction into [F4Great Britain] shall only authorise the transit of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products [F5from one third country to another third country] subject to compliance with the following conditions:

(a)

the goods comply with the applicable requirements laid down in the rules referred to in points (d) and (e) of Article 1(2) of Regulation (EU) 2017/625;

(b)

the consignment has been subjected to documentary checks and identity checks at the border control post with favourable results;

(c)

the consignment has been subjected to physical checks at the border control post, where non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 was suspected;

(d)

the consignment is accompanied by the CHED, and leaves the border control post in vehicles or transport containers sealed by the authority at the border control post;

(e)

the consignment must be directly transported under customs supervision, without the goods being unloaded or split, within a maximum period of 15 days from the border control post to one of the following destinations:

(i)

to a border control post in order to leave the [F6territory of Great Britain to be transported to a third country];

(ii)

to an approved warehouse;

(iii)

to a NATO or US military base located in the [F7territory of Great Britain or any of the territories of the Crown Dependencies];

(iv)

to a vessel leaving the [F8territory of Great Britain to travel to a third country where] the consignment is intended for ship supplying purposes.

Textual Amendments

Article 20U.K.Follow-up measures by the competent authorities

The competent authorities of the border control post of introduction into [F9Great Britain] which have not received, within a period of 15 days from the date on which transit was authorised at the border control post, confirmation of the arrival of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products at one of the destinations referred to in points (e)(i) to (iv) of Article 19, shall:

(a)

verify with the competent authorities at the place of destination whether or not the consignment has arrived at the place of destination;

(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

Article 21U.K.Transportation of consignments to a vessel leaving the [F10territory of Great Britain to travel to a third country]

1.Where a consignment of goods referred to in Article 19 is destined to a vessel leaving the [F11territory of Great Britain to travel to a third country], the competent authorities of the border control post of introduction into [F12Great Britain] shall, in addition to the CHED, issue an official certificate in accordance with the model [F13referred to in Article 2 of] Commission Implementing Regulation (EU) 2019/2128(1) which shall accompany the consignment to the vessel.

2.In the case where several consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products are delivered together to the same vessel, the competent authorities of the border control post of introduction into [F14Great Britain] may issue one single official certificate as referred to in paragraph 1 which shall accompany such consignments to the vessel, provided that it has indicated the reference of the CHED for each consignment.

Textual Amendments

Article 22U.K.Documentary checks and physical checks of plants, plant products and other objects in transit

1.Where consignments of plants, plant products and other objects referred to in point (d)(ii) and (iii) of Article 1(1) are presented for transit [F15from one third country to another third country] at a border control post of introduction into [F16Great Britain], the competent authorities of that border control post may authorise the transit of such plants, plant products, and other objects, provided that the consignments are transported under customs supervision.

2.The competent authorities of the border control post referred to in paragraph 1 shall perform the following checks on a risk basis:

(a)documentary checks of the signed declaration referred to in point (a) of Article 47(1) of Regulation (EU) 2016/2031;

(b)physical checks of the consignments to ensure that it is adequately packed and transported as referred to in point (b) of Article 47(1) of Regulation (EU) 2016/2031.

3.Where official controls are performed, the competent authorities shall authorise the transit of the goods referred to in paragraph 1 provided that the consignments:

(a)comply with Article 47 of Regulation (EU) 2016/2031;

(b)are transported to the point of exit from [F17Great Britain] under customs supervision.

4.The operator responsible for consignments of plants, plant products and other objects referred to in paragraph 1 shall ensure that the packaging or the means of transport of the consignments is closed or sealed in such a way that, during their transport to and storage at warehouses:

(a)the plants, plant products and other objects cannot cause an infestation or an infection to other plants, plant products or other objects with [F18GB quarantine pests or provisional GB quarantine pests and, in the case of GB pest-free areas, with the PFA quarantine pest in respect of which the area was established;]

(b)plants, plant products and other objects cannot become infested or infected by the pests referred in point (a).

Textual Amendments

Textual Amendments

SECTION 2U.K.Conditions for the storage of consignments in transit in approved warehouses

Article 23U.K.Conditions for the approval of warehouses

1.The competent authorities shall approve the warehouses for the storage of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products for which transit has been authorised in accordance with Article 19.

2.The competent authorities shall only approve warehouses referred to in paragraph 1 that comply with the following requirements:

(a)the warehouses storing products of animal origin, composite products, animal by-products and derived products must comply with either:

(i)

the hygiene requirements laid down in Article 4 of Regulation (EC) No 852/2004; or

(ii)

the requirements laid down in points (b) and (c) of Article 19 of Regulation (EU) No 142/2011;

(b)they must have been authorised, approved or designated by the customs authorities in accordance with [F19section 25 or 100A of the Customs and Excise Management Act 1979, Article 51 of Council Regulation (EEC) No 2913/92, or paragraphs 2 and 3 of Schedule 2 to the Taxation (Cross-border Trade) Act 2018;]

(c)the warehouses must consist of a closed space with entrances and exits subject to permanent control by the operators;

(d)the warehouses must possess storage or refrigeration rooms allowing for the separate storage of the goods referred to in paragraph 1;

(e)the warehouses must have arrangements for the daily logging of all consignments entering or leaving the facilities, with details of the nature and quantity of the goods, the name and address of the recipients and copies of the CHED and certificates accompanying the consignments; the warehouses must keep those records for a period at least of three years;

(f)all goods referred to in paragraph 1 must be identified by labelling or by electronic means with the reference number of the CHED accompanying the consignment; those goods must not be subjected to any alteration, processing, substitution or change of packaging;

(g)the warehouses must have the technology and equipment necessary for the efficient operation of the [F20appropriate computerised information management system];

(h)the operators of the warehouses shall provide premises and the means of communication necessary to enable them to perform official controls and other official activities effectively, upon request by the competent authority.

3.Where warehouses no longer comply with the requirements laid down in paragraph 2, the competent authority shall withdraw or temporary suspend the approval of the warehouse.

Textual Amendments

Article 24U.K.Transportation of goods from warehouses

The operator responsible for the consignment shall transport the consignments of goods referred to in Article 23(1) from approved warehouses to one of the following destinations:

(a)

a border control post in order to leave the [F21territory of Great Britain] to go to:

(i)

a NATO or US military base; or

(ii)

any other destination [F22in a third country];

(b)

another approved warehouse;

(c)

a NATO or US military base located in the [F23territory of Great Britain or any of the territories of the Crown Dependencies];

(d)

a vessel leaving the [F24territory of Great Britain to travel to a third country], where, the consignments are intended for ship supplying purposes;

(e)

a place where the consignments are to be disposed of in accordance with Chapter II of Title I of Regulation (EC) No 1069/2009 of the European Parliament and of the Council(2).

Textual Amendments

Article 25U.K.Maintaining and keeping up-to-date the list of approved warehouses

[F25The competent authority] shall maintain and keep up-to-date in the [F20appropriate computerised information management system] the list of approved warehouses, and provide the following information:

(a)

the name and address of each warehouse;

(b)

the categories of goods for which it is approved.

Textual Amendments

Article 26U.K.Official controls in warehouses

1.The competent authorities shall perform regular official controls in approved warehouses to verify the compliance with the requirements for approval laid down in Article 23.

2.The competent authorities responsible for official controls in approved warehouses shall verify the effectiveness of the systems in place to ensure the traceability of consignments, including by comparing the quantities of goods entering and leaving warehouses.

3.The competent authorities shall verify that consignments moved to or stored in warehouses are accompanied by the relevant CHED and authenticated paper or electronic copy of the official certificate as referred to in Article 50(2) of Regulation (EU) 2017/625.

4.When consignments arrive at approved warehouses, the competent authorities shall:

(a)perform an identity check to confirm that the consignment corresponds to the relevant information in the accompanying CHED;

(b)verify that the seals fixed on the vehicles or transport containers, in accordance with point (d) of Article 19 or point (d) of Article 28, are still intact;

(c)record the outcome of identity checks in Part III of the CHED and communicate that information through the [F20appropriate computerised information management system].

Textual Amendments

Article 27U.K.Operators’ obligations at warehouses

1.The operator responsible for the consignment shall inform the competent authorities of the arrival of the consignment at the approved warehouse.

2.By way of derogation from paragraph 1, the competent authority may exempt the operator responsible for the approved warehouse from the obligation to inform competent authorities of the arrival of the consignment at the warehouse provided that the operator is approved by the customs authorities as an authorised economic operator referred to in Article 38 of Regulation (EU) No 952/2013 [F26or Part 9 of the Customs (Import Duty) (EU Exit) Regulations 2018].

3.By way of derogation from paragraph 1, the competent authority may exempt consignments from identity checks provided that the operator responsible for the consignment is approved by the customs authorities as an authorised economic operator referred to in Article 38 of Regulation (EU) No 952/2013 [F27or Part 9 of the Customs (Import Duty) (EU Exit) Regulations 2018].

4.The operator responsible for the consignment shall ensure that goods referred in paragraph 1 moved to or stored in the warehouses are accompanied by the relevant CHED and authenticated paper or electronic copy of the official certificate as referred to in Article 50(2) of Regulation (EU) 2017/625.

Textual Amendments

Article 28U.K.Conditions for transportation of goods from warehouses to third countries, other warehouses and disposal places

The operator responsible for the consignment shall transport the goods referred to in Article 23(1) from the approved warehouse to one of the destinations referred to in points (a)(ii), (b) and (e) of Article 24 provided that the following requirements are fulfilled:

(a)

the operator responsible for the consignment submits the CHED through the [F20appropriate computerised information management system] for the entire consignment and declares therein the means of transport and the place of destination; where the initial consignment is split at the warehouse, the operator responsible for the consignment must submit the CHED through the [F20appropriate computerised information management system] for each part of the split consignment and declare therein the quantity, means of transport and place of destination for the relevant part of the split consignment;

(b)

the competent authorities must authorise the movement and finalise the CHED for:

(i)

the entire consignment, or

(ii)

individual parts of the split consignment, provided that the total sum of the quantities declared in the CHEDs issued for the individual parts does not exceed the total quantity set out in the CHED for the entire consignment;

(c)

the operator responsible for the consignment must ensure that, in addition to the CHED accompanying the consignment, an authenticated copy of the official certificate which accompanied the consignment to the warehouse, as referred to in Article 27(4), travels onwards with the consignment unless an electronic copy of the official certificate was uploaded into the [F20appropriate computerised information management system] and was verified by the competent authorities of the border control post of introduction into [F28Great Britain]; where the initial consignment is split and the copy of the official certificate was not uploaded into the [F20appropriate computerised information management system] by the competent authorities of the border control post of introduction into [F28Great Britain], the competent authorities issue the operator responsible for the consignment authenticated copies of the official certificate in order to accompany the parts of the split consignment to their destinations;

(d)

the operator responsible for the consignment transports the goods under customs supervision from the warehouses in vehicles or transport containers sealed by the competent authorities;

(e)

the operator responsible for the consignment transports the goods directly from the warehouse to the place of destination without the goods being unloaded or split, within a maximum period of 15 days from the date of authorisation of transportation.

Textual Amendments

Article 29U.K.Conditions for transportation of goods from warehouses to NATO or US military bases and vessels leaving the [F29territory of Great Britain to travel to a third country]

The operator responsible for the consignment shall transport the goods referred to in Article 23(1) from the approved warehouses to one of the destinations referred to in points (a)(i),(c) and (d) of Article 24 provided that the following requirements are fulfilled:

(a)

the operator responsible for the warehouse declares the movement of the goods to the competent authorities by completing Part I of the official certificate referred to in point (c);

(b)

the competent authority authorises the movement of the goods and issues to the operator responsible for the consignment a finalised official certificate referred to in point (c), that may be used for the delivery of the consignment containing goods derived from more than one consignment of origin or product categories;

(c)

the operator responsible for the consignment ensures that, an official certificate in accordance with the model [F30referred to in Article 2 of] Implementing Regulation (EU) 2019/2128 accompanies the consignment to its place of destination;

(d)

the operator responsible for the consignment transports the goods under customs supervision;

(e)

the operator responsible for the consignment transports the goods from the warehouses in vehicles or transport containers which were sealed under the supervision of the competent authorities.

Textual Amendments

Article 30U.K.Follow-up measures by the competent authorities

The competent authorities of a warehouse which have not received, within a period of 15 days from the date on which transit from the warehouse was authorised, confirmation of arrival of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products at one of the destinations referred to in Article 24, shall:

(a)

verify with the competent authorities at places of destination whether or not the consignment has arrived;

(b)

inform the customs authorities of the non-arrival of the consignments;

(c)

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

Article 31U.K.Monitoring of delivery of goods to a vessel leaving the [F31territory of Great Britain to travel to a third country]

1.The competent authorities of the border control post of introduction into [F32Great Britain] or of the warehouse shall notify the dispatch of consignments of goods referred to in Article 19 and Article 23(1) and their place of destination to the competent authority of the port of destination, through the [F20appropriate computerised information management system].

2.The operator may unload consignments of the goods referred to in Article 19 and Article 23(1) at the port of destination before the delivery of the consignments to the vessel leaving the [F31territory of Great Britain to travel to a third country] provided that the operation is authorised and supervised by the customs authority, and the conditions of delivery indicated in the notification referred to in paragraph 1 are met.

3.Upon completion of delivery on board the vessel of the consignments of goods referred to in paragraph 1, the competent authority of the port of destination or the representative of the master of the vessel shall confirm the delivery to the competent authorities of the border control post of introduction into [F33Great Britain] or of the warehouse, either by:

(a)countersigning the official certificate referred to in point (c) of Article 29; or

(b)use of electronic means, including through [F20appropriate computerised information management system] F34....

4.The representative referred to in paragraph 3 or the operator responsible for the delivery of the consignment to the vessel leaving the [F31territory of Great Britain to travel to a third country] shall return, within a period of 15 days from the date of delivery of the consignment, the countersigned official certificate referred to in paragraph 3(a), to the competent authorities of the border control post of introduction into [F35Great Britain] or of the warehouse.

5.The competent authority of the port of destination, the competent authorities of border control post of introduction into [F36Great Britain] or the competent authority of the warehouse shall verify that the confirmation of delivery referred to in paragraph 3 is recorded in the [F20appropriate computerised information management system] or that the countersigned documents referred to in point (a) of paragraph 3 are returned to the competent authorities of the border control post of introduction into [F36Great Britain] or to the competent authority of the warehouse.

Textual Amendments

SECTION 3U.K.Official controls at the border control post where goods leave the [F37territory of Great Britain to be transported to a third country]

Article 32U.K.Operator’s obligations to present goods leaving the [F38territory of Great Britain] for official controls

1.Operators shall present products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products which leave the [F38territory of Great Britain] to be transported to a third country for official controls to the competent authorities of the border control post indicated in the CHED, at a location indicated by those competent authorities of the border control post.

2.Operators shall present the goods referred to in paragraph 1 which leave the [F38territory of Great Britain] to be dispatched to a NATO or US military base located in a third country, for official controls to the competent authorities of the border control post indicated in the official certificate [F39prepared] in accordance with the model [F40referred to in Article 2 of] Implementing Regulation (EU) 2019/2128.

Textual Amendments

Article 33U.K.Official controls at the border control post where goods leave the [F41territory of Great Britain to be transported to a third country]

1.The competent authorities of the border control post where [F42products of animal origin,] germinal products, animal by-products, [F43derived products,] hay and straw and composite products leave the [F41territory of Great Britain to be transported to a third country] shall perform an identity check to ensure that the consignment presented corresponds to the consignment referred to in the CHED or in the official certificate referred to in Article 29(c) accompanying the consignment. In particular, they shall verify that the seals fixed on the vehicles or transport containers, in accordance with point (d) of Article 19, point (d) of Article 28 or point (e) of Article 29 are still intact.

2.The competent authorities of the border control post where goods referred in paragraph 1 leave the [F41territory of Great Britain to be transported to a third country] shall record the outcome of official controls in part III of the CHED or [F44the relevant part of the official certificate prepared in accordance with the model referred to in] Implementing Regulation (EU) 2019/2128. The competent authorities of the border control post responsible for checks referred in paragraph 1 shall record the outcome of these controls in the [F20appropriate computerised information management system].

Textual Amendments

Textual Amendments

SECTION 4U.K.Derogations for consignments in transit

F45Article 34U.K.Transit of certain animals and certain goods

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

Textual Amendments

Article 35U.K.Transit of goods to NATO or US military base located in the [F46territory of Great Britain or any of the territories of the Crown Dependencies]

1.Products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products destined for a NATO or US military base located in the [F46territory of Great Britain or any of the territories of the Crown Dependencies], shall be presented by the operator responsible for the consignment for official controls at the NATO or US military base indicated in the CHED or in the accompanying official certificate [F47prepared] in accordance with the model [F48referred to in Article 2 of] Implementing Regulation (EU) 2019/2128.

[F491A.Where the competent authority responsible for controls at the NATO or US military base at the place of destination performs the controls in paragraph 2 and does not enter the outcome of these controls in the appropriate computerised information management system, the competent authority of the border control post which authorised the movement of goods to the NATO or US military base must make such entry promptly upon receiving notification of the outcomes of such controls.]

2.[F50The controls referred to in paragraph 1A are] an identity check to confirm that the consignment corresponds to the one covered by the CHED or by the accompanying official certificate [F51prepared] in accordance with the model [F52referred to in Article 2 of] Commission Implementing [F53Regulation (EU) 2019/2128, including verification] that the seals fixed on the vehicles or transport containers, in accordance with point (d) of Article 19 and point (e) of Article 29, are still intact. F54....

Textual Amendments

F55Article 36U.K.Transit of goods refused by a third country after their transit through the Union

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

Textual Amendments

Textual Amendments

(1)

Commission Implementing Regulation (EU) 2019/2128 of 12 November 2019 establishing the model official certificate and rules for issuing official certificates for goods which are delivered to vessels leaving the Union and intended for ship supply or consumption by the crew and passengers, or to NATO or a United States’ military base (See page 114 of this Official Journal).

(2)

Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (OJ L 300, 14.11.2009, p. 1).

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