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Regulation (EU) 2017/625 of the European Parliament and of the CouncilShow full title

Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance)

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[F1Article 48U.K.Animals and goods exempted from official controls, other official activities and related requirements

1.The appropriate authority may make regulations establishing the cases where, and the conditions under which, categories of animals and goods, including those listed in paragraph 2, may be exempted from any of the requirements of this Regulation or legislation made under this Regulation or treated as if made under this Regulation, or from any of the rules referred to in Article 1(2) to the extent that these are used for the verification of compliance with rules in Article 1(2), including by amendment or modification of those requirements or rules.

2.For the purposes of paragraph 1, the categories of animals and goods are:

(a)goods sent as trade samples or as display items for exhibitions, which are not intended to be placed on the market;

(b)animals and goods intended for scientific purposes;

(c)goods on board means of transport operating internationally which are not unloaded and are intended for consumption by the crew and passengers;

(d)goods which form part of passengers’ personal luggage and are intended for personal consumption or use;

(e)small consignments of goods sent to natural persons which are not intended to be placed on the market;

(f)pet animals as defined in Article 3(b) of Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003;

(g)goods which have undergone specific treatment and do not exceed quantities to be established by or in accordance with the regulations;

(h)animals and goods posing a level of risk such that some or all of the rules or requirements mentioned in paragraph 1 are considered by the appropriate authority to be unnecessary.

3.Regulations under paragraph 1 may, among other things, make specific provision for:

(a)animals and goods entering Great Britain from a particular country, territory or region;

(b)the risk level for categories of animals and goods to be set by publication online by the appropriate authority in accordance with prescribed criteria;

(c)competent authorities to notify those affected of determinations of and changes to risk levels for categories of animals and goods.

4.In relation to regulations under paragraph 1 made in relation to the categories in point (h) of paragraph 2, these may make specific provision for:

(a)goods which are imported by operators belonging to a scheme created and administered by the appropriate authority for the purposes of reducing official controls, removing official controls or having them carried out by persons other than the competent authority;

(b)goods which are exported by operators belonging to a scheme created and administered by the appropriate authority for the purposes of enabling pre-export inspections required by third countries or in Northern Ireland to be carried out by persons other than the competent authority;

(c)the surveillance and auditing of operators who import animals or goods which are exempted under this Article in relation to those animals or goods, including, but not limited to—

(i)provision for the appointment of persons or bodies to carry out such surveillance or audits;

(ii)enforcement powers for those carrying out surveillance or audits; and

(iii)requirements on the handling and sharing of data obtained during surveillance and audits.

5.Regulations under paragraph 1 may make provision for the schemes mentioned in paragraph 4, including, but not limited to:

(a)the creation and operation of schemes, including on a trial basis;

(b)the conditions which a person must meet in order to be a member of a scheme;

(c)enabling a scheme member to carry out specified checks or controls;

(d)the modification of, or derogation from, requirements for consignments imported or exported by a scheme member;

(e)addressing any risk of a conflict of interest in the way a scheme member carries out specified checks or controls;

(f)the auditing and supervision of scheme members, including provision permitting or requiring—

(i)goods or documents to be examined, sealed, locked, marked, seized, detained or disposed of;

(ii)procedures or systems to be inspected;

(iii)samples to be taken or provided;

(g)the process for applications to and suspension or withdrawal from a scheme;

(h)appeals in relation to decisions relating to a scheme;

(i)liability for losses that a person incurs as a result of the conduct of a scheme member;

(j)controls which can be applied in respect of goods which have been imported and are no longer subject to any customs procedures.]

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