EXPLANATORY MEMORANDUM
1.CONTEXT OF THE DELEGATED ACT
Regulation (EU) 2017/625 on Official Controls (OCR) establishes the framework for official controls and other official activities to verify the correct application of Union agri-food chain legislation. This includes official controls performed on animals and goods entering the Union from third countries.
Article 51(1) of Regulation (EU) 2017/625 provides that certain categories of animals and goods referred in Article 47(1) of Regulation (EU) 2017/625 coming from third countries must be subject to specific official controls at the border control posts.
The purpose of this Delegated Regulation is to lay down:
–the cases and conditions under which onward transportation of consignments of goods to the place of final destination pending the availability of the results of physical checks may be authorised by the border control posts,
–specific time limits and control arrangements at the border control posts on consignments of animals and goods entering the Union by sea or by air transport from a third country, when those animals or goods moved from a vessel or aircraft and are transported under customs supervision to another vessel or aircraft in the same port or airport in preparation for onward travel,
–the cases and conditions under which identity checks and physical checks of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union.
–the cases and conditions under which transit of consignments of animals and goods may be authorised by the border control posts and certain official controls to be performed at border control posts on such consignments, including during the storage of goods in specially approved customs warehouses or in free zones.
Articles 51(1) points (b), (c) and (d), 50(4), 77(1) point (c) and (j) and 77(2) of Regulation (EU) 2017/625 are closely linked since they all concern requirements applicable to goods in transit. It is important to ensure the coherence of rules adopted under these empowerments and for this reason they are established in a single Regulation.
2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
The Commission Expert Group "official controls" (E00911) was consulted at several occasions, and a number of meetings have been held with relevant stakeholders.
No impact assessment has been carried out, as Delegated Regulation is not expected to have any significant negative impact.
3.LEGAL ELEMENTS OF THE DELEGATED ACT
The legal basis is Articles 51(1), 50(4), 77(1) and 77(2) of Regulation (EU) 2017/625.
COMMISSION DELEGATED REGULATION (EU) …/...
of XXX
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, amending 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, (EU) 2016/759 and Decision 2007/777/EC, and repealing Decisions 2000/208/EC, 2000/571/EC and 2011/215/EU
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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), and in particular Article 50(4), points (a) to (d) of Article 51(1), points (c) and (j) of 77(1) and Article 77(2) thereof
Whereas:
(1)Regulation (EU) 2017/625 of the European Parliament and of the Council establishes the framework for official controls and other official activities to verify compliance with the Union agri-food chain legislation. That framework includes official controls performed on animals and goods entering the Union from third countries through designated border control posts.
(2)Article 50(4) of Regulation (EU) 2017/625 empowers the Commission to adopt rules establishing the cases where, and the conditions under which, the Common Health Entry Document (CHED) is required to accompany transit consignments of animals, products of animal origin, animal by-products, germinal products, composite products, hay and straw, plants, plant products other objects referred to in Article 47(1) to the place of destination.
(3)Point (a) of Article 51(1) of Regulation (EU) 2017/625 provides that the Commission is to establish the cases where, and the conditions under which, the competent authorities of border control posts should be able to authorise the onward transportation of consignments of food and feed of non-animal origin, plants, plant products, and other objects referred to in Article 47(1) of that Regulation to the place of final destination pending the availability of the results of physical checks.
(4)Points (b) and (c) of Article 51(1) of Regulation (EU) 2017/625 empower the Commission to establish the cases where, and conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union. For the purpose of effective controls of transhipped consignments, the competent authority of the border control post should perform documentary, identity and physical checks in accordance with time limits and arrangements established under this Regulation.
(5)Point (d) of Article 51(1) of Regulation (EU) 2017/625 provides that the Commission is to establish the cases where, and the conditions under which, the transit of consignments of animals, products of animal origin, animal by-products, germinal products, composite products, hay and straw, plants, plant products and other objects referred to in Article 47(1) should be able to authorise and certain official controls to be performed at border control posts on such consignments, including the cases and conditions for the temporary storage of goods in customs warehouses, warehouses in free zones, temporary storage facilities and warehouses specialised to supply NATO or US military bases.
(6)The competent authorities of border control posts should have the possibility to authorise the onward transportation to the place of final destination pending the availability of the results of laboratory analyses and tests of consignments of feed and food of non-animal origin subject to measures referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625 and of consignments of plants, plant products and other objects referred to in points (c) and (e) of Article 47(1) of that Regulation. Such authorization should be subject to conditions in order to ensure a proper control of risks. In particular, in order to contain potential risks to human or plant health, consignments of such goods should be transported to, and stored at, designated onward transportation facilities at the place of final destination pending the availability of the results of laboratory analyses and tests.
(7)With a view to protecting human, animal or plant health the Member States should designate onward transportation facilities at the place of final destination for storage of consignments of food and feed of non-animal origin and consignments of plants, plant products and other objects. These facilities should be customs warehouses or temporary storage facilities authorised, designated or approved in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council and in order to ensure the hygiene of foodstuffs and feedingstuffs they should be registered as provided for in Regulation (EC) No 852/2004 of the European Parliament and of the Council and Regulation (EC) No 183/2005 of the European Parliament and of the Council, respectively.
(8)Animal health risks associated with consignments of animals from third countries arriving by air or sea and staying on the same means of transport for onward travel which are intended to be placed on the market in the Union or to transit through the Union are lower than those associated with other consignments of animals, including consignments transhipped in ports or airports. Therefore, unless non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected, identity and physical checks of such animals should be performed at the border control post of introduction into the Union. Documentary checks should be performed at the border control post of first arrival into the Union and at border control posts other than the first arrival, including at the border control post of introduction into the Union where animals are presented for official controls and through which they enter the Union for subsequent placing on the market or for transit through the Union territory. Such documentary checks should be carried out on original official certificates or documents only at the border control post of introduction into the Union.
(9)The journey time of animals at the same means of transport might take long hours and in order to respect animal welfare requirements during transport the Council Regulation (EC) No 1/2005 provisions should be applicable all the way through the journey until the consignment of animals reaches the border control post of introduction into the Union.
(10)In order to avoid introduction of animal diseases into the Union it is necessary to perform documentary, identity and physical checks on transhipped consignments of animals in ports or airports at the border control post where the first transhipment is taking place.
(11)Taking into account the risks to human and animal health associated with transhipped consignments of products of animal origin, animal by-products, germinal products, composite products, hay and straw and the need to ensure an efficient operation of official controls on such consignments it is appropriate to establish time limits after which documentary checks should be carried out by the competent authority of the border control post of transhipment. In the case where non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected the competent authority of the border control post of transhipment should perform documentary, identity and physical checks. Moreover, it is appropriate to provide that unless all checks have been performed at the border control post of transhipment based on suspicion of non-compliance, the competent authority of the border control post of introduction into the Union should carry out documentary, identity and physical checks on goods intended to be placed on the Union market, and further documentary and identity checks on goods intended to transit through the Union.
(12)With a view to ensuring an efficient operation of official controls and taking into account the risks to plant health associated with transhipped consignments of plants, plant products and other objects referred to in points (c) and (e) Article 47(1) of Regulation (EU) 2017/625, it is appropriate to establish time limits after which documentary checks may be carried out by the competent authority of the border control post of transhipment. In case non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected the same authority should carry out documentary, identity and physical checks. Moreover, it is appropriate to provide that unless all checks have been performed at the border control post of transhipment based on suspicion of non-compliance, the competent authority of the border control post of introduction into the Union should carry out documentary, identity and physical checks.
(13)In order to reduce the administrative burden the operators responsible for transhipped consignments should be able to transmit to the competent authority of the border control post of transhipment information on identification and location of the goods in the port or airport, the estimated time of arrival, the estimated time of departure and the destination of consignment. In such case, the Member States should be equipped with an information system allowing to consult the information provided by the operators and to verify that the time limits for carrying out documentary checks have not been exceeded.
(14)By contrast to goods of animal origin, risks to animal and public health are lower in the case of feed and food of non-animal origin subject to measures or acts referred to in points (d)(e) and (f) of Article 47(1) of Regulation (EU) 2017/625, which are transhipped from a vessel or aircraft under customs supervision to another vessel or aircraft in the same port or airport. It is therefore appropriate to provide that in this case documentary, identity and physical checks should take place at a later stage at the border control post of introduction into the Union. Accordingly, the operator responsible for the consignment should give prior notification of the arrival of the consignments by completing and submitting the relevant part of the CHED in the information management system for official controls (IMSOC) for transmission to the competent authorities of the border control post of introduction.
(15)In order to protect animal health and welfare, consignments of animals in transit from one third country to another third country passing under custom supervision through the Union territory should be subject to documentary, identity and physical checks at the border control post of first arrival into the Union, and such transit should only be authorised subject to the favourable outcome of those checks.
(16)With a view to protecting human or animal health, consignments of products of animal origin, animal by-products, germinal products, composite products, hay and straw in transit from one third country to another third country passing through the Union territory should be subject to documentary, identity checks at the border control post. In order to protect plant health the consignments of plants, plant products and other objects referred to in points (c) and (e) of Article 47(1) of Regulation (EU) 2017/625 in transit from one third country to another third country passing through the Union territory should be subject to documentary and physical checks at the border control post. Such transit should be authorised subject to certain conditions, including the favourable outcome of checks at the border control post, with a view to ensuring the proper control of risks at the border and during transit, and ultimately ensuring that such goods leave the Union territory.
(17)In certain cases, consignments of products of animal origin, animal by-products, germinal products, composite products, hay and straw which are in transit from one third country to another third country passing through the Union territory may be temporarily stored in warehouses. In order to ensure the traceability of such consignments, such temporary storage should only take place in warehouses approved by the competent authorities of Member States and which should comply with hygiene requirements laid down in Regulation (EC) No 852/2004 and Regulation (EC) No 1069/2009 of the European Parliament and of the Council.
(18)For transparency reasons, Member States should maintain and keep up-to-date in the IMSOC a list of all approved warehouses, indicating their name and address, the category of goods for which they are approved and the approval number. The approved warehouses should be subject to regular official controls performed by the competent authorities with a view to ensure that the conditions for their approval are maintained.
(19)In order to ensure that consignments of products of animal origin, animal by-products, germinal products, composite products, hay and straw are actually delivered on board the vessels, including military vessels, leaving the Union, the competent authority of the port of destination or the representative of the master of the vessel upon completion of delivery should confirm delivery to the competent authority of the border control post of introduction into the Union or of the warehouse where such goods have been temporarily stored. Such confirmation should be provided by countersigning the official certificate or by electronic means. Where consignments are not delivered to the vessel, as they missed the vessel in port or due to logistical problems, the competent authority of the warehouse or border control post on introduction into the Union should be permitted to authorise the return of the consignment to the place of dispatch.
(20)In some Member States due to geographical location transit of animals and goods takes place under specific conditions laid down in Union rules on animal health entry requirements. Specific control procedures and conditions are therefore necessary to support the enforcement of those requirements.
(21)It is necessary to provide conditions under which consignments of products of animal origin, germinal products, animal by-products, hay and straw and composite products for which transit through the Union territory had been authorised, but which are rejected by the third country of destination should be able to return directly to the border control post which authorised their transit through the Union or to the warehouses where such goods were stored on Union territory before their rejection by the third country.
(22)Given the risks to human or animal health and welfare, consignments of animals, products of animal origin, germinal products, animal by-products, hay and straw and composite products which are moved from the Union territory to another part of the Union territory, passing through the territory of a third country should be subject to documentary and identity checks before re-introduction into the Union by the competent authorities of the border control posts. Plants, plant products and other objects, which have been adequately packed and transported as referred to in Article 47(1)(b) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council should not be subject to checks at the border control post of re-introduction, due to the low risk of introducing harmful organisms.
(23)With a view to ensuring proper communication and the division of responsibilities between different authorities and operators the relevant part of the CHED should be completed. Part I should be completed by the person responsible for the consignment and transmitted to the competent authorities of the border control post before the physical arrival. Part II should be completed by the competent authorities as soon as the checks referred in this Regulation have been performed and a decision is taken on the consignment and recorded therein. Part III should be completed under the responsibility of the competent authorities of the border control post or control unit with regard to actions to be taken in case of non-compliance revealed during the checks.
(24)In order to ensure that consignments of products of animal origin, germinal products, animal by-products, hay and straw and composite products coming from the territory of Croatia and transiting through the territory of Bosnia and Herzegovina at Neum (‘Neum corridor’) are intact before entering the territory of Croatia via the points of entry at Klek or Zaton Doli the competent authority should perform seal check of the vehicles or transport containers and record the date and time of the vehicles transporting goods.
(25)When consignments of certain goods referred to in points (b)(c)(d)(e) and (f) of Article 47(1) of Regulation (EU) 2017/625 are intended to be placed on the market in the Union or to transit through the Union, in certain cases, Union legislation provides that their transport from the border control post of arrival to the establishment at the place of destination or the border control post of exit and their arrival at their place of destination is to be monitored, in order to prevent any risks for public and animal health.
(26)One of the purposes of Regulation (EU) 2017/625 is to have rules laid down in a single act rather than scattered in several acts, which makes those rules easier to understand and apply. This delegated act follows this approach and avoids the need for a number of cross-references between different acts and it increase transparency. Various supplementing rules laid down in this draft act are interconnected and will apply from the same date. It is for that reason important that these rules under empowerments given to the Commission by Articles 51(1)(a)(b), (c) and (d), 50(4), 77(1)(c) and (j) and 77(2) are laid down in the same Regulation.
(27)This Regulation covers areas that are already covered in certain acts currently in force. To avoid duplication and to establish a coherent legislative framework, the following acts should be repealed and replaced by this Regulation: Commission Decision 2000/208/EC, Commission Decision 2000/571/EC and Commission Implementing Decision 2011/215/EU.
(28)In order to ensure consistency with the rules laid down in this Regulation, the following acts should be amended: Commission Decision 2007/777/EC, Commission Regulation (EC) No 798/2008, Commission Regulation (EC) No 1251/2008, Commission Regulation (EC) No 119/2009, Commission Regulation (EU) No 206/2010, Commission Regulation (EU) No 605/2010, Commission Regulation (EU) No 142/2011, Commission Regulation (EU) No 28/2012 and Commission Implementing Regulation (EU) 2016/759.
(29)Since Regulation (EU) 2017/625 applies from 14 December 2019, this Regulation should also apply from that date,
HAS ADOPTED THIS REGULATION:
Chapter I
Subject matter, scope and definitions
Article 1
Subject matter and scope
This Regulation lays down:
(a)rules establishing the cases where and the conditions under which, the competent authorities of a border control post may authorise the onward transportation of consignments of the following categories of goods to the place of final destination in the Union pending the availability of the results of laboratory analyses and tests carried out as part of the physical checks referred to in Article 49(1) of Regulation (EU) 2017/625:
(i)plants, plant products, and other objects referred to in the lists established pursuant to Articles 72(1) and 74(1) of Regulation (EU) 2016/2031;
(ii)plants, plant products, and other objects subject to emergency measures referred to in Article 47(1)(e) of Regulation (EU) 2017/625;
(iii)feed and food of non-animal origin subject to the measures provided for by the acts referred to in Article 47(1)(d)(e) and (f) of Regulation (EU) 2017/625;
(b)rules establishing the cases where and the conditions under which, identity checks and physical checks of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union;
(c)specific rules for official controls at border control posts of transhipped consignments of animals and the following categories of goods:
(i)products of animal origin, composite products, animal by-products, germinal products, hay and straw;
(ii)plants, plant products, and other objects as referred in the lists established pursuant to Articles 72(1) and 74(1) of Regulation (EU) 2016/2031;
(iii)plants, plant products, and other objects subject to an emergency measures provided for by the Articles of Regulation (EU) 2016/2031 referred to in Article 47(1)(e);
(iv)feed and food of non-animal origin subject to measures or acts referred to in Article 47 (1)(d)(e)(f) of Regulation (EU) 2017/625,
(d)specific rules for controls of consignments in transit of animals and of the following categories of goods:
(i)products of animal origin, composite products, animal by-products, germinal products, hay and straw;
(ii)plants, plant products, and other objects referred to in the lists established pursuant to Articles 72(1) and 74(1) of Regulation (EU) 2016/2031;
(iii)plants, plant products, and other objects subject to an emergency measures provided for by the Article 47(1)(e) of Regulation (EU) 2017/625.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
(1)'animals' means vertebrate and invertebrate animals, except of pet animals as defined in Article 4(11) of Regulation (EU) 2016/429 of the European Parliament and of the Council and invertebrate animals intended for scientific purposes as referred to in Article 3 of Commission Delegated Regulation XXX/2019 on certain categories of animals and goods exempted from official controls at border control posts [on the basis of Article 48 of Regulation (EU) 2017/625) C(2019)XXXX];
(2)'other objects' means any material or object, other than plants or plant products, capable of harbouring or spreading pests, including soil or growing medium;
(3)'onward transportation' means the movement of consignments of goods from a border control post to the place of final destination in the Union pending the availability of the results of laboratory analyses and tests;
(4)'transhipped consignments' means consignments of animals or goods entering the Union by sea or by air transport from a third country, when those animals or goods are moved from a vessel or aircraft and are transported under customs supervision to another vessel or aircraft in the same port or airport in preparation for onward travel;
(5)'common health entry document' or ‘CHED’ means the common health entry document, which is used for the prior notification of the arrival of consignments at the border control post, and which is used to record the outcome of official controls performed and of decisions taken by the competent authorities in relation to the consignment which they accompany;
(6)'onward transportation facility' means the facility at the place of final destination in the Union or at a place situated under the remit of the same competent authority as the place of final destination, designated by the Member State of destination for the storage of the consignments of goods subject to onward transportation prior to the release for free circulation of such consignments;
(7)‘information management system for official controls’ or 'IMSOC' means the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625;
(8)'border control post of introduction into the Union' means the border control post where animals and goods are presented for official controls and through which they enter the Union for subsequent placing on the market or for transit through the Union territory and which can be border control post of first arrival into the Union;
(9)'warehouse' means:
(a)a customs warehouse, a warehouse in a free zone, a temporary storage facility in accordance with Articles 240(1), 243(1), 147(1) respectively of Regulation (EU) No 952/2013; or
(b)a warehouse specialised in supplying goods for NATO or US military bases.
Chapter II
Onward transportation of consignments of plants, plant products and other objects and of feed and food of non-animal origin as referred to in Article 1(a)
Section 1
Conditions for onward transportation
Article 3
Operators’ obligations before onward transportation authorisation
When giving prior notification to the competent authorities at the border control post a consignment of goods referred to in Article 1(a) of this Regulation, in accordance with Article 56(3)(a) of Regulation (EU) 2017/625, the operator responsible for the consignment, shall:
(a)make a request for the authorisation of onward transportation, when the consignment is selected for sampling and, laboratory analyses and tests are carried out as part of the physical checks referred to in Article 49(1) of Regulation (EU) 2017/625, by completing the Part I of the CHED; and
(b)select one of the onward transportation facilities for the storage of the consignment for which the authorisation of onward transportation is requested.
Article 4
Authorisation of onward transportation
The competent authorities at the border control post may authorise onward transportation of consignment of goods referred to in Article 1(a) of this Regulation provided that the following conditions are fulfilled:
(a)the outcome of the documentary checks, identity checks and physical checks, other than of the laboratory analyses and tests carried out as part of those physical checks, performed at the border control post is satisfactory;
(b)the operator responsible for the consignment has requested the onward transportation.
Article 5
Operators’ obligations after onward transportation authorisation
When the competent authorities at the border control post authorise onward transportation of the consignment of goods referred to in Article 1(a) of this Regulation, the operator responsible for the consignment shall:
(a)complete Part I of a separate CHED for the same consignment, linked in the IMSOC to the CHED referred to in paragraph 1, by declaring therein the means of transport and the date of arrival of the consignment at the selected onward transportation facility; and
(b)submit the CHED referred to in point (a) in the IMSOC for transmission to the competent authority of the border control post which has authorised the onward transportation.
Article 6
Conditions for transportation and storage of consignments subject to onward transportation
1.Operators shall ensure that:
(a)during transport to, and storage at, the onward transportation facility, the consignment is not tampered with in any manner;
(b)the consignment is not subject to any alteration, processing, substitution or change of packaging;
(c)the consignment does not leave the onward transportation facility pending the decision on the consignment by the competent authority of the border control post.
2.Operators shall transport the consignment under customs supervision directly from the border control post to the onward transportation facility, without the goods being unloaded during transport, and stored thereat.
3.Operators shall ensure that packaging or the means of transport of the consignment of plants, plant products and other objects referred to in Article 1(a)(i) and (ii) has been closed or sealed in such a way that, during their transport to and storage at the onward transportation facility:
(a)they cannot cause infestation of or infection to other plants, plant products or other objects with pests listed as Union quarantine pests or as Union regulated non-quarantine pests;
(b)they cannot become infested or infected by non-quarantine pests.
4.Operators shall ensure that a copy, on paper or in electronic form, of the CHED referred to in point (a) of Article 3 accompanies the consignment to the onward transportation facility.
5.The operator responsible for the consignment shall notify the competent authority at the place of final destination of the arrival of consignment at the onward transportation facility.
6.After the competent authorities of the border control post have authorised onward transportation of the consignment to the onward transportation facility, the operator responsible for the consignment shall not transport the consignment to a onward transportation facility different from the one indicated in the CHED, unless the competent authorities of the border control post authorise the change and provided that the conditions laid down in paragraphs 1 to 4 of this Article are complied with.
Article 7
Competent authorities of the border control post obligations regarding onward transportation
1.When authorising onward transportation in accordance with Article 4, the competent authority of the border control post shall notify the competent authority at the place of final destination of the transportation of the consignment by submitting the CHED referred to in point (a) of Article 3 into the IMSOC.
2.Upon finalisation of the CHED referred to in Article 5 of this Regulation in accordance with Article 56(5) of Regulation (EU) 2017/625, the competent authorities of the border control post shall immediately notify the competent authority at the place of final destination through the IMSOC.
3.Where the consignment does not comply with the rules referred to in Article 1(2) of Regulation (EU) 2017/625, the competent authority of the border control post shall take measures in accordance with Article 66(3) to (6) of that Regulation.
4.If after a period of 15 days the competent authority of the border control post is not informed of the arrival of the consignment at the onward transportation facility by the competent authority at the place of destination, the competent authority of the border control post shall:
(a)inform the customs authorities of the non-arrival of the consignment;
(b)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 8
Competent authorities at the place of final destination obligations regarding onward transportation
1.The competent authority at the place of final destination shall confirm the arrival of the consignment at the onward transportation facility by completing in the IMSOC Part III of the CHED referred to in point (a) of Article 3.
2.The competent authority at the place of final destination shall place non-compliant consignments under official detention in accordance with Article 66(1) of Regulation (EU) 2017/625 and shall take all measures necessary to implement the measures ordered by the competent authority of the border control post in accordance with Article 66(3) and (4) of that Regulation.
Section 2
Onward transportation facilities
Article 9
Conditions for the designation of onward transportation facilities
1.Member States may designate an onward transportation facility for consignments of one or several categories of goods as referred in to Article 1(a), provided that they comply with the following conditions:
(a)they are customs warehouses or temporary storage facilities as referred to in Articles 240(1) and 147(1) of Regulation (EU) 952/2013, respectively;
(b)where the designation concerns:
(i)food of non-animal origin referred to in Article 1(a)(iii) of this Regulation, the onward transportation facilities are registered with the competent authority as provided for in Article 6(2) of Regulation (EC) No 852/2004;
(ii)feed of non-animal origin referred to in Article 1(a)(iii) of this Regulation, the onward transportation facilities are registered with the competent authority as provided for in Article 9(2) of Regulation (EC) No 183/2005.
(c)they have the technology and equipment necessary for the efficient operation of the IMSOC.
2.Where onward transportation facilities cease to comply with the requirements referred to in paragraph 1, Member States shall:
(a)temporarily suspend the designation pending the implementation of corrective actions or permanently withdraw the designation for all or for certain categories of goods for which the designation was made;
(b)ensure that information on the onward transportation facilities referred to in Article 10 is updated accordingly.
Article 10
Registration of designated onward transportation facilities in the IMSOC
Member States shall maintain and keep up-to-date in the IMSOC the list of onward transportation facilities designated in accordance with Article 9(1), providing the following information:
(a)the name and address of the onward transportation facility;
(b)the category of goods for which it is designated.
Chapter III
Onward travel of animals staying on the same means of transport and transhipped consignments of animals and goods
Article 11
Official controls of consignments of animals staying on the same means of transport
1.The competent authorities of the border control post of first arrival into the Union shall perform a documentary check on originals or copies of official certificates or documents that are required to accompany consignments of animals which arrive by air or sea and stay on the same means of transport for onward travel, where such animals are intended to be placed on the market in the Union or to transit through the Union.
2.The competent authorities of the border control post other than the border control post of first arrival into the Union or the border control post of introduction into the Union shall perform a documentary check on originals or copies of official certificates or documents that are required to accompany consignments of animals which arrive by air or sea and stay on the same means of transport for onward travel.
3.The competent authorities of the border control post of first arrival or of the border control post referred to in paragraph 2 shall return to the operator the official certificates or documents on which they performed documentary checks to allow such documents to travel onwards with the consignments.
4.When non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected, the competent authority of the border control post of first arrival or of the border control post referred to in paragraph 2 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 in Article 1(2) of Regulation (EU) 2017/625.
5.Documentary checks, identity checks and physical checks shall be performed at the border control post of introduction into the Union, except where all such documentary checks, identity checks and physical checks have been performed at another border control post in accordance with paragraph 3.
Article 12
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
Documentary checks, identity checks and physical checks of transhipped consignments of products of animal origin, germinal products, animal by-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 accompany transhipped consignments of products of animal origin, germinal products, animal by-products, hay and straw and composite products in the following cases:
(a)for the 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 Article 1(2)(d) and (e) 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.Where the competent authority of the border control post of transhipment suspects non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625, it shall perform documentary checks, identity checks and physical checks.
Those documentary checks shall be performed on original official certificates or documents that are required to accompany the consignment, as provided for by the rules referred to in Article 1(2) of Regulation (EU) 2017/625.
3.The competent authorities of the border control post of introduction into the Union 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 Union market, except where all such checks have been performed at another border control post in accordance with paragraph 2.
4.The competent authorities of the border control post of introduction into the Union shall perform checks referred in Article 19 of goods intended for transit through the Union territory, except where all such checks have been performed at another border control post in accordance with paragraph 2.
Article 14
Storage of transhipped consignments of products of animal origin, composite products, germinal products, animal by-products, hay and straw
Operators shall ensure that consignments of products of animal origin, composite products, germinal products, animal by-products, hay and straw 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 2019/1014
Article 15
Documentary checks, identity checks and physical checks of transhipped consignments of plants, plant products and other objects
1.The competent authority of the border control post of transhipment may perform documentary checks on a risk basis of transhipped consignments of plants, plant products and other objects referred to in Article 1(c)(ii) and (iii) where the transhipment period exceeds 3 days at the airport or 30 days at the port.
2.Where non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected, the competent authority of the border control post of transhipment shall perform identity checks and physical checks.
3.The documentary checks, identity checks and physical checks shall be performed at the border control post of introduction into the Union, except where all such documentary checks, identity checks and physical checks have been performed at the border control post of transhipment.
Article 16
Notification of information before the transhipment period expires
1.Prior to the expiry of the transhipment periods referred to in Articles 13(1) and 15(1), the operator responsible for the consignment shall provide notification before the arrival of the consignment to the competent authorities of the border control post of transhipment through the IMSOC or another information system designated by the competent authority for that purpose, indicating the following:
(a)the information necessary for the identification and location of the goods in the airport or port;
(b)the identification of the means of transportation;
(c)the estimated time of arrival and departure of the goods;
(d)the destination of the goods.
2.For the purposes of the notification referred to in paragraph 1, the competent authority shall designate an information system which allows the competent authority 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 are not exceeded.
Article 17
Documentary checks, identity checks and physical checks of transhipped consignments of food and feed of non-animal origin
1.The competent authority of the border control post of introduction into the Union shall perform documentary, identity and physical checks of transhipped consignments of feed and food of non-animal origin subject to the measures provided for by the acts referred to in Article 47(1)(d),(e) and (f) of Regulation (EU) 2017/625 which are intended for free circulation in the Union elsewhere than at the border control post of transhipment.
2.The operator responsible for the consignment shall give prior notification of the arrival of the consignments of goods referred to in paragraph 1 of this Article as provided for in Article 56(4) of Regulation 2017/625, to the competent authority of the border control post of introduction into the Union.
Chapter IV
Transit of animals and goods from one third country to another third country, passing through the Union territory
Section 1
Official controls at the border control post of introduction into the Union
Article 18
Official controls of consignments of animals in transit
The competent authority of the border control post 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
Official control of consignments of products of animal origin, composite products, animal by-products, germinal products, hay and straw in transit
The competent authority of the border control post shall only authorise the transit of consignments of products of animal origin, composite products, animal by-products, germinal products, hay and straw provided that:
(a)the goods comply with the applicable requirements laid down in the rules referred to in Article 1(2)(d) and (e) of Regulation (EU) 2017/625;
(b)at the border control post, the consignment is subjected to documentary checks and identity checks;
(c)at the border control post, the consignment is subjected to physical checks if non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 are suspected;
(d)the consignment must be accompanied by the CHED and leave 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 a warehouse approved in accordance with Article 23,
(iii)to a NATO or US military base located in the Union territory,
(iv)
to a vessel leaving the Union.
Article 20
Follow-up measures by the competent authorities
If after the end of the period of 15 days referred to in Article 19(e), the competent authority of the border control post of introduction was not informed of the arrival of the goods at one of the destinations referred to in Article 19(e)(i) to (iv), it shall:
(a)inform the customs authorities of the non-arrival of the goods;
(b)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 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 authority of the border control post shall, in addition to the CHED, issue an official certificate in accordance with the model laid down in Annex to Commission Implementing Regulation XXX/2019 [on the basis of Article 77(3)(a) of Regulation (EU) No 2017/625] 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 authority of the border control post 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
Official controls of plants, plant products and other objects in transit
1.The competent authority of the border control post of the place where plants, plant products and other objects referred to in Article 1(d)(ii) and (iii) are presented for transit, may authorise the transit of such plants, plant products, and other objects, provided that the consignments are transported under customs supervision.
2.The competent authority 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 Article 47(1)(a) of Regulation (EU) 2016/2031;
(b)physical checks of the consignments to ensure that it is adequately packed and transported as referred to in Article 47(1)(b) of Regulation (EU) 2016/2031.
3.Where official controls are performed, the competent authority shall authorise the transit of the goods referred to in paragraph 1 provided that the goods:
(a)comply with Article 47 of the Regulation (EU) No 2016/2031;
(b)are transported to the point of exit from the Union under customs supervision.
4.The operator shall ensure that the packaging or the means of transport of the consignments of plants, plant products and other objects referred to in paragraph 1 is closed or sealed in such a way that, during their transport to and storage at warehouses:
(a)they cannot cause infestation of or 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 list pursuant to Article 32(3) of that Regulation;
(b)they cannot become infested or infected by those pests.
Section 2
conditions for the storage of goods in transit in approved warehouses
Article 23
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 meet the following requirements:
(a)the warehouses storing products of animal origin, composite products and animal by-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 shall be authorised, approved or designated by the customs authorities in accordance with Articles 240(1), 243(1) and 147(1) of Regulation (EU) No 952/2013;
(c)the warehouses must consist of a closed space with entry and exit points subject to permanent control by the operators;
(d)the warehouses must possess storage or refrigeration rooms allowing for 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 products, the name and address of the recipients and copies of the CHED and certificates accompanying the consignments; the warehouses must keep those records for at least 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 IMSOC.
(h)the operators of the warehouses shall provide premises and 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 conditions set out in paragraph 2, the competent authority shall withdraw or temporary suspend the approval of the warehouse.
Article 24
Transportation of goods from warehouses
The operators may transport the goods referred to in Article 23(1) from warehouses to one of the following destinations:
(a)a border control post in order to leave the Union territory to:
(i)a NATO or US military base; or
(ii)any other destination;
(b)another warehouse approved in accordance with Article 23;
(c)a NATO or US military base located in the Union territory;
(d)a vessel leaving the Union and intended for ship supply or consumption by the crew and passengers;
(e)a place where the goods are disposed of in compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625.
Article 25
Maintaining and keeping the list of approved warehouses
Member States shall maintain and keep up-to-date in the IMSOC the list of warehouses providing the following information:
(a)the name and address of the warehouse;
(b)the categories of goods for which it is approved.
Article 26
Official controls in warehouses
1.The competent authorities shall perform regular official controls in the warehouses to verify the compliance with the conditions of approval laid down in Article 23(2).
2.The competent authorities responsible for official controls in the warehouses shall verify traceability which enables reconciliation of the quantities of goods entering and leaving warehouses.
3.The competent authorities shall verify that goods 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 goods arrive at the warehouse, 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
Article
19(d) or 28(e) are still intact;
(c)record the outcome of identity checks in part III of the CHED and communicate that information through the IMSOC.
Article 27
Operators’ obligations at warehouses
1.The operator responsible for the warehouse shall inform the competent authorities of the arrival at the warehouse of consignments of goods referred to in Article 23(1).
2.By way of derogation from paragraph 1, operators responsible for the warehouse may be exempted from the obligation to inform competent authorities of the arrival of the consignment at the warehouse and consignments maybe exempted from identity checks provided that the operator is approved by the customs authorities as an authorised economic operator referred to in Article 38 of Regulation (EC) No 952/2013.
3.The operator 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.
Article 28
Conditions for transportation of goods from warehouses to third countries, other warehouses and disposal places
The operator may transport the goods referred to in Article 23(1) from the warehouse to the destinations referred to in Article 24(a)(ii), (b) and (e) provided that the following conditions are fulfilled:
(a)the operator responsible for the consignment, where the consignment is split at warehouse, submits the CHED through the IMSOC for each part of the split consignment and declares therein the quantity, means of transport and place of destination for the relevant part of the split consignment;
(b)the operator responsible for the consignment submits the CHED through the IMSOC for the entire consignment and declares therein the means of transport and the place of destination;
(c)the competent authorities authorises the movement and finalises the CHED for:
(i)the entire consignment, or
(ii)individual parts of the split consignment, provided that the sum of the quantities declared in those CHEDs does not exceed the total quantity set out in the CHED for the entire consignment.
(d)the operator ensures that, in addition to the accompanying CHED, an authenticated copy of the official certificate which accompanied the consignment to the warehouse, as referred to in Article 27(3), travels onwards with the consignment unless an electronic copy of the official certificate was uploaded into the IMSOC and was verified by the competent authorities of the border control post.
Where the initial consignment is split and the copy of the official certificate was not uploaded into the IMSOC by the competent authorities of the border control post, 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;
(e)the operator transports the goods under customs supervision from the warehouses in vehicles or transport containers sealed by the competent authorities;
(f)the operator transports the goods directly from the warehouse to the destinations without them being unloaded or split, within a maximum period of 15 days.
Article 29
Conditions for transportation of goods from warehouses to NATO or US military bases and vessels leaving the Union
The operator may transport the goods referred to in Article 23(1) from the warehouse to the destinations referred to in Article 24(a)(i),(c) and (d) provided that the following conditions 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 the operator responsible for the consignment with the finalised official certificate referred to in point (c), that may be used for the delivery of the consignment containing goods derived from different consignments of origin or product categories;
(c)the operator ensures that, in addition to the accompanying CHED, an official certificate in accordance with the model laid down in Annex to Commission Implementing Regulation XXX/2019 [adopted on the basis of Article 77(3)(a) and Article 90(a) of Regulation (EU) No 2017/625] accompanies the consignment to its destination;
(d)the operator transports the goods under customs supervision;
(e)the operator transports the goods from the warehouses in vehicles or transport containers which were sealed under the supervision of the competent authorities.
Article 30
Follow-up measures by the competent authorities
If after a period of 15 days the competent authorities responsible for official controls of the warehouses had not been informed of the arrival of the goods at destination, they shall:
(a)inform the customs authorities of the non-arrival of the goods;
(b)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 31
Monitoring of delivery of goods to a vessel leaving the Union territory
1.The competent authority of the border control post or of the warehouse shall notify the sending of the 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 IMSOC.
2.The operators may unload the goods at the port of destination before the delivery to a vessel leaving the Union territory provided that the operation is authorised and supervised by the customs authority, and that the conditions of delivery indicated in the notification referred to in paragraph 1 are met.
3.Upon completion of delivery of the goods on board the vessel, the competent authority of the port of destination or the representative of the master of the vessel shall confirm delivery to the competent authority of the border control post or of the warehouse, by:
(a)countersigning the official certificate referred to in Article 29(c), or
(b)use of electronic means.
4.The representative referred to in paragraph 3 or the operator responsible for the delivery to a vessel leaving the Union territory shall return, within 15 days, the countersigned official certificate referred to in point (a) of paragraph 3, to the competent authority of the border control post or of the warehouse.
5.The competent authority of the port of destination, the competent authority of border control post or the competent authority of the warehouse shall verify that the confirmation of delivery referred to in paragraph 3 is recorded in the IMSOC or that the countersigned documents referred to in point (a) of paragraph 3 are returned to the competent authority of the border control post or to the competent authority of the warehouse.
Section 3
Official controls at the border control post where goods leave the Union territory
Article 32
Operator’s obligations to present goods leaving the Union territory 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 Union territory to be transported to a third country for official controls to the competent authority of the border control post indicated in the CHED, at a location indicated by that competent authority of the border control post.
2.Operators shall present the goods referred to in paragraph 1 which leave the Union territory to be dispatched to a NATO or US military base located in a third country, for official controls to the competent authority of the border control post indicated in the official certificate in accordance with the model laid down in Annex to Commission Implementing Regulation XXX/2019 [adopted on the basis of Article 77(3)(a) and Article 90(a) of Regulation (EU) No 2017/625].
Article 33
Official controls at the border control post where goods leave the Union territory
1.The competent authority of the border control post where products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products leave the Union territory 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, it shall verify that the seals fixed on the vehicles or transport containers, in accordance with Articles 19(d), 28(e) or 29(e) are still intact.
2.The competent authority of the border control post where goods referred in paragraph 1 leave the Union territory shall record the outcome of official controls in part III of the CHED or part III of the official certificate in accordance with the model laid down in Annex XXX to Commission Implementing Regulation XXX/2019 [adopted on the basis of Article 77(3)(a) and Article 90(a) of Regulation (EU) No 2017/625]. The competent authority responsible for checks shall record the outcome of these controls in the IMSOC.
Section 4
Derogations for consignments in transit
Article 34
Transit of certain animals and certain goods
1.By way of derogation from Articles 18 and 19, the competent authorities of the border control posts of introduction into the Union may authorise transit of the following consignments subject to the compliance with the conditions laid down in paragraph 2:
(a)Transit by road through Lithuania of consignments of bovine animals for breeding and production, coming from the Russian region of Kaliningrad and consigned to a destination outside the Union, entering and exiting through the designated border control posts of Lithuania.
(b)Transit by road or by rail through the Union of consignments of aquaculture animals, between border control posts in Latvia, Lithuania and Poland, coming from and destined to Russia, directly or via another third country.
(c)Transit by road or by rail through the Union of consignments of products of animal origin, composite products, animal by-products and germinal products of bovine, porcine, ovine, caprine, equine animals, specified pathogen-free eggs, between border control posts in Latvia, Lithuania and Poland, coming from and destined to Russia, directly or via another third country.
(d)Transit by road or rail of consignments of eggs, egg products and poultry meat, between border control posts in Lithuania, coming from Belarus and destined to the Russian region of Kaliningrad.
(e)Transit by road through Croatia of consignments of aquaculture animals, products of animal origin, composite products, animal by-products and germinal products of bovine, porcine, ovine, caprine, equine animals, specific pathogen free eggs coming from Bosnia and Herzegovina, entering at the road border control post of Nova Sela and exiting at the port border control post of Ploče.
2.The authorisation referred to in paragraph 1 shall be subject to the following conditions:
(a)The competent authority of the border control post of introduction into the Union shall:
(i)perform documentary checks, identity checks and physical checks for animals referred to in Article 18;
(ii)perform documentary checks and identity checks for goods referred to in Article 19;
(iii)stamp the certificates intended for the third country of destination ‘ONLY FOR TRANSIT VIA THE EU’;
(iv)retain copies or electronic equivalents of these certificates must be retained at the border control post of introduction into the Union;
(v)seal the vehicles or transport containers.
(b)The operator shall ensure that consignments are directly transported under customs supervision, without being unloaded, to the border control post where goods leave the Union territory.
(c)The competent authority of the border control post where the goods leave the Union territory shall perform an identity check to confirm that the consignment covered by the accompanying CHED actually leaves the Union territory. In particular, it shall verify that the seals fixed on the vehicles or transport containers are still intact. The competent authorities of the border control post where the goods leave the Union territory shall record the outcome of these official controls in the IMSOC.
(d)The competent authorities of the Member States shall carry out risk based controls to ensure that the number of consignments and the quantities of animals and goods leaving the Union territory match the number and quantities entering.
Article 35
Transit of goods to NATO or US military base located in the Union territory
1.Products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products destined to a NATO or US military base located in the Union territory, shall be presented by the operator for official controls at the NATO or US military base indicated in the accompanying official certificate in accordance with the model laid down in Annex to Commission Implementing Regulation XXX/2019 [adopted on the basis of Article 77(3)(a) and Article 90(a) of Regulation (EU) No 2017/625].
2.The competent authority responsible for controls at the NATO or US military base at destination shall perform an identity check to confirm that the consignment corresponds to the one covered by the accompanying official certificate in accordance with the model laid down in Annex to Commission Implementing Regulation XXX/2019 [adopted on the basis of Article 77(3)(a) and Article 90(a) of Regulation (EU) No 2017/625]. In particular, it shall verify that the seals fixed on the vehicles or transport containers, in accordance with Articles 19(d) and 29(e), are still intact. The competent authority responsible for controls at the NATO or US military base shall record the outcome of these controls in the IMSOC.
Article 36
Transit of goods refused by a third country after their transit through the Union
1.The competent authority of the road or of the rail border control post of introduction into the Union may authorise further transit through the Union of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products provided that:
(a)the consignment of goods was refused by a third country immediately after their transit through the Union or the seals placed by the competent authorities referred to in Articles 19(d) or 26(d) on the vehicle or transport container were intact;
(b)the consignment is in compliance with the rules referred to in Article 17(a) and (b).
2.The competent authority of the road or of the rail border control post of introduction into the Union shall re-seal the consignment after the checks referred to in Article 17(b).
3.The operators shall directly transport the consignment to one of the following destinations:
(a)the border control post which authorised transit through the Union; or
(b)the warehouse where it was stored before refusal by a third country.
Chapter V
Transit of animals and goods from the Union territory to another part of the Union territory, passing through the territory of a third country
Article 37
Transit of animals, products of animal origin, composite products, germinal products, animal by-products, hay and straw
1.The competent authorities of the Member States shall ensure that consignments of animals and products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products, which are moved from the Union territory to another part of the Union territory, passing through the territory of a third country are transported under customs supervision.
2.The operators shall present consignments of animals and goods referred to in paragraph 1 at the re-introduction into the Union territory, after passing through the territory of a third country:
(a)to the competent authority of a border control post designated for the categories of animals and goods referred to in paragraph 1; or
(b)at a location indicated by the competent authority in the close vicinity of the border control post.
3.The competent authority of the border control post of re-introduction into the Union shall:
(a)perform a documentary check to verify the origin of the animals and goods,
(b)where required by the rules referred to in Article 1(2) of Regulation (EU) 2017/625, verify the animal health status of the transited third countries and the relevant official certificates and accompanying documents;
(c)where required by the rules referred to in Article 1(2) of Regulation (EU) 2017/625, perform an identity check to verify that the seals put on the vehicles or transport containers are still intact.
4.When non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected, the competent authority of the border control post of re-introduction into the Union shall perform in addition identity checks and physical checks.
5.Operators shall present bovine animals and ungulates intended for immediate slaughter, moving from the Union territory to another part of the Union territory and passing through the territory of a third country, for official checks to the exit point from the Union.
6.The competent authority at the exit point from the Union shall:
(a)perform the checks where required by the rules referred to in Article 1(2) of Regulation (EU) 2017/625, an identity check to verify that the seals put on the vehicles are still intact;
(b)stamp the official certificate with the following wording ‘ONLY FOR TRANSIT BETWEEN DIFFERENT PARTS OF THE EUROPEAN UNION VIA [third country name]’.
Article 38
Neum corridor
1.When products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products come from the territory of Croatia and transit through the territory of Bosnia and Herzegovina at the Neum corridor before those goods re-enter the territory of Croatia via the points of entry of Klek or Zaton Doli, the competent authorities of Croatia shall perform the following official controls:
(a)seal the vehicles or transport containers before they transit the Neum corridor;
(b)record the date and time of departure of the vehicles transporting the goods.
2.When the goods referred to in paragraph 1 re-enter the territory of Croatia at the points of entry of Klek or Zaton Doli, the competent authorities of Croatia shall:
(a)verify that the seals on vehicles or transport containers are intact,
(b)record the date and time of arrival of the vehicles transporting goods.
3.The competent authorities of Croatia shall take appropriate measures in accordance with Article 65 of Regulation (EU) 2017/625 if:
(a)the seal has been broken during the transit through the Neum corrido; or
(b)the time of transit exceeds the time necessary to travel between the entry points of Klek and Zaton Doli.
Chapter VI
Final provisions
Article 39
Repeals
Commission Decisions 2000/208/EC and 2000/571/EC, Implementing Decision 2011/215/EU are repealed with effect from 14 December 2019.
Article 40
Amendments to Decision 2007/777/EC
Decision 2007/777/EC is amended as follows:
(1)points (b), (c) and (d ) of Article 6(1) are deleted;
(2)Article 6(2) is deleted;
(3)Article 6(3) is deleted;
(4)points (b), (c) and (d) of Article 6a(1) are deleted;
(5)Article 6a(2) is deleted;
(6)Article 6a(3) is deleted.
Article 41
Amendments to Regulation (EC) No 798/2008
Regulation (EC) No 798/2008 is amended as follows:
(1)points (b), (c) and (d) of Article 18(1) are deleted;
(2)points (b), (c) and (d) of Article 18(2) are deleted;
(3)Articles 18(3) is deleted;
(4)Article 18(4) is deleted.
Article 42
Amendments to Regulation (EC) No 1251/2008
Regulation (EC) No 1251/2008 is amended as follows:
(1)points (b), (c) and (d) of Article 17(1) are deleted;
(2)Article 17(2) is deleted;
(3)Article 17(3) is deleted.
Article 43
Amendments to Regulation (EC) No 119/2009
Regulation (EC) No 119/2009 is amended as follows:
(1)points (b), (c) and (d) of Article 5(1) are deleted;
(2)Article 5(2) is deleted;
(3)Article 5(3) is deleted.
Article 44
Amendments to Regulation (EU) No 206/2010
Regulation (EU) No 206/2010 is amended as follows:
(1)points (d) and (e) of Article 12a(1) are deleted;
(2)Article 12a(2) is deleted;
(3)Article 12a(4) is deleted;
(4)points (b), (c) and (d) of Article 17(1) are deleted;
(5)Article 17(2) is deleted;
(6)Article 17(3) is deleted;
(7)points (b), (c) and (d) of Article 17a(1) are deleted;
(8)Article 17a(2) is deleted;
(9)Article 17a(3) is deleted.
Article 45
Amendments to Regulation (EU) No 605/2010
Regulation (EU) No 605/2010 is amended as follows:
(1)points (b), (c) and (d) of Article 7(1) are deleted;
(2)Article 7(2) is deleted;
(3)Article 7(3) is deleted;
(4)points (b), (c) and (d) of Article 7a(1) are deleted;
(5)Article 7a(2) is deleted;
(6)Article 7a(3) is deleted.
Article 46
Amendments to Regulation (EU) No 142/2011
Regulation (EU) No 142/2011 is amended as follows:
(1)points (b), (c) and (d) of Article 29(1) are deleted;
(2)Article 29(2) is deleted;
(3)Article 29(3) is deleted;
(4)points (b), (c) and (d) of Article 29a(1) are deleted;
(5)Article 29a(2) is deleted;
(6)Article 29a(3) is deleted.
Article 47
Amendments to Regulation (EU) No 28/2012
Regulation (EU) No 28/2012 is amended as follows:
(1)points (b), (c) and (d) of Article 5(1) are deleted;
(2)Article 5(2) is deleted;
(3)Article 5(3) is deleted;
(4)points (b), (c) and (d) of Article 5a(1) are deleted;
(5)Article 5a(2) is deleted;
(6)Article 5a(3) is deleted.
Article 48
Amendments to Implementing Regulation (EU) 2016/759
Implementing Regulation (EU) 2016/759 is amended as follows:
(1)points (b), (c) and (d) of Article 5(1) are deleted;
(2)Article 5(2) is deleted;
(3)Article 5(3) is deleted.
Article 49
Entry into force and date of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 14 December 2019.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Commission
The President
Jean-Claude JUNCKER
