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

SECTION 1 Official controls at the border control post of introduction into the Union

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

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

Article 19 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 the Union 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 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 Union territory;

(ii)

to an approved warehouse;

(iii)

to a NATO or US military base located in the Union territory;

(iv)

to a vessel leaving the Union, where, the consignment is intended for ship supplying purposes.

Article 20 Follow-up measures by the competent authorities

The competent authorities of the border control post of introduction into the Union 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.

Article 21 Transportation of consignments to a vessel leaving the Union territory

1. Where a consignment of goods referred to in Article 19 is destined to a vessel leaving the Union territory, the competent authorities of the border control post of introduction into the Union shall, in addition to the CHED, issue an official certificate in accordance with the model laid down in Annex to 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 the Union 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.

Article 22 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 at a border control post of introduction into the Union, 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 the Union 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 the pests listed as Union quarantine pests or as Union regulated non-quarantine pests referred to in the first subparagraph of Article 5(2) and Article 30(1) of Regulation (EU) 2016/2031, respectively and, in the case of protected zones, with the respective pests included on lists established pursuant to Article 32(3) of that Regulation;

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

(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).