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

SECTION 1 U.K. Official controls at the border control post of introduction into [F1 Great Britain]

Article 18 U.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 [F2 Great Britain] shall only authorise the transit of consignments of animals from one third country to another third country, passing through the territory of [F2 Great Britain] where documentary checks, identity checks and physical checks have been favourable.

Textual Amendments

F2 Words in Art. 18 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(18) (with regs. 33-36)

Article 19 U.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 [F3 Great 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 [F4 from 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 [F5 territory 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 [F6 territory of Great Britain or any of the territories of the Crown Dependencies];

(iv)

to a vessel leaving the [F7 territory of Great Britain to travel to a third country where] the consignment is intended for ship supplying purposes.

Textual Amendments

F3 Words in Art. 19 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(19)(a)(i) (with regs. 33-36)

F4 Words in Art. 19 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(19)(a)(ii) (with regs. 33-36)

F5 Words in Art. 19(e)(i) 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(19)(b)(i) (with regs. 33-36)

F6 Words in Art. 19(e)(iii) 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(19)(b)(ii) (with regs. 33-36)

F7 Words in Art. 19(e)(iv) 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(19)(b)(iii) (with regs. 33-36)

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

The competent authorities of the border control post of introduction into [F8 Great 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

F8 Words in Art. 20 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(20) (with regs. 33-36)

Article 21 U.K. Transportation of consignments to a vessel leaving the [F9 territory 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 [F10 territory of Great Britain to travel to a third country], the competent authorities of the border control post of introduction into [F11 Great Britain] shall, in addition to the CHED, issue an official certificate in accordance with the model [F12 referred 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 [F13 Great 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

F9 Words in Art. 21 heading 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(21)(a) (with regs. 33-36)

F10 Words in Art. 21(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(21)(b)(i) (with regs. 33-36)

F11 Words in Art. 21(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(21)(b)(ii) (with regs. 33-36)

F12 Words in Art. 21(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(21)(b)(iii) (with regs. 33-36)

F13 Words in Art. 21(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(21)(c) (with regs. 33-36)

Article 22 U.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 [F14 from one third country to another third country] at a border control post of introduction into [F15 Great 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 [F16 Great 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 [F17 GB 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

F14 Words in Art. 22(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(22)(a)(i) (with regs. 33-36)

F15 Words in Art. 22(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(22)(a)(ii) (with regs. 33-36)

F16 Words in Art. 22(3)(b) 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(22)(b) (with regs. 33-36)

F17 Words in Art. 22(4)(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(22)(c) (with regs. 33-36)

Textual Amendments

F1 Words in Ch. 4 s. 1 heading 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(17) (with regs. 33-36)

(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).