(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 consignments of animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products, plants, plant products and other objects referred to in Article 47(1) of Regulation (EU) 2017/625 to the place of destination, in transit through the Union.

(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 their 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 in the Union. For the purpose of effective controls of transhipped consignments, it is necessary to lay down the time periods and arrangement under which the competent authorities of the border control post should perform documentary, identity and physical checks.

(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 through the Union of consignments of animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products, plants, plant products and other objects referred to in Article 47(1) of Regulation (EU) 2017/625, should be authorised. It also provides for the Commission to lay down rules concerning 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 in supplying NATO or US military bases.

(6)

The competent authorities of border control posts should be permitted 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 food and feed of non-animal origin subject to the 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. The food and feed which form such consignments may appear on the list of goods subject to a temporary increase of official controls at the point of entry into the Union established pursuant to point (b) of Article 47(2) of Regulation (EU) 2017/625 or may be subject to an emergency measure provided for in acts adopted in accordance with Article 53(1)(b) of Regulation (EC) No 178/2002 of the European Parliament and of the Council (2) or be subject to additional conditions for the entry into the Union provided for in acts adopted in accordance with Article 126 of Regulation (EU) 2017/625 or to special measures regarding their entry into the Union provided for in acts adopted in accordance with Article 128 of Regulation (EU) 2017/625.

(7)

The onward transportation authorisation 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 food and feed 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 consignments of plants, plant products and other objects referred to in points (c) and (e) of Article 47(1) should be transported to, and stored at, onward transportation facilities at the place of final destination designated by the Member States pending the availability of the results of laboratory analyses and tests.

(8)

The onward transportation 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 (3) and in order to ensure the hygiene of foodstuffs and feedingstuffs they should be registered with the competent authorities as provided for in Regulation (EC) No 852/2004 of the European Parliament and of the Council (4) and Regulation (EC) No 183/2005 of the European Parliament and of the Council (5), respectively.

(9)

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 to the third country or another Member State 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. In addition, documentary checks should be performed at the border control posts, 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.

(10)

Long journeys on the same means of transport can be detrimental to the welfare of animals. In order to respect animal welfare requirements during transport the Council Regulation (EC) No 1/2005 (6) provisions should apply until the consignment of animals reaches the border control post of introduction into the Union.

(11)

In order to avoid the 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 takes place.

(12)

Taking into account the risks to human and animal health associated with transhipped consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products and the need to ensure an efficient operation of official controls on such consignments it is appropriate to establish time period during which documentary checks should be carried out by the competent authorities of the border control post of transhipment. The calculation of time for the transhipment period should start when consignment arrives at the port or airport of the Member State. Where non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected the competent authorities of the border control post of transhipment should perform documentary, identity and physical checks.

(13)

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 authorities of the border control post of transhipment. The calculation of time for the transhipment period should start when consignment arrives at the port or airport of the Member State. Where non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected the competent authorities of the border control post of transhipment should perform documentary, identity and physical checks.

(14)

It is appropriate to provide that unless all checks on transhipped consignments of plants, plant products and other objects referred to in points (c) and (e) Article 47(1) of Regulation (EU) 2017/625 which are intended to be placed on the market in the Union have been performed at the border control post of transhipment based on the suspicion of non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625, the competent authorities of the border control post of introduction into the Union should perform documentary, identity and physical checks.

(15)

In order to reduce the administrative burden, operators responsible for transhipped consignments should be able to transmit to the competent authorities of the border control post of transhipment information on the 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 their consignment. In such cases, the Member States should be equipped with an information system which enables them to consult the information provided by the operators and to verify that the time limits for carrying out documentary checks have not been exceeded.

(16)

The risks to public and animal health are low in the case of food and feed 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 not at the border control post of transhipment, but 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.

(17)

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.

(18)

With a view to protecting human and animal health, consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products in transit from one third country to another third country passing through the Union territory should be subject to documentary and identity 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.

(19)

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 and passing through the Union territory should be subject to risk based 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.

(20)

In certain cases, consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products 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 and referred to in Regulation (EC) No 852/2004 and Commission Regulation (EU) No 142/2011 (7).

(21)

In the interests of transparency, 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.

(22)

In order to ensure that consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products 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 authorities 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 of introduction into the Union should be permitted to authorise the return of the consignment to the place of dispatch.

(23)

In some Member States due to the geographical situation, the transit of animals and goods takes place under specific conditions laid down in rules for the entry into the Union of certain animals, germinal products, animal by-products and products of animal origin. Specific control procedures and conditions are therefore necessary to support the enforcement of those requirements.

(24)

It is necessary to lay down conditions under which consignments of products of animal origin, germinal products, animal by-products, derived 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 permitted to be returned 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.

(25)

Given the risks to human and animal health and welfare, consignments of animals, 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 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 point (b) of Article 47(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council (8) should not be subject to checks at the border control post of re-introduction, due to the low risk of introducing harmful organisms.

(26)

With a view to ensuring the 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 operator responsible for the consignment and transmitted to the competent authorities of the border control post before the arrival of the consignment. 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 by the competent authorities of the border control post of exit or final destination or local competent authority as soon as the checks referred in this Regulation have been performed.

(27)

In order to ensure that consignments of products of animal origin, germinal products, animal by-products, derived 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 checks on the seals of the vehicles or transport containers and record the date and time of departure and arrival of the vehicles transporting goods.

(28)

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 risk for public and animal health the competent authorities of the border control post of introduction into the Union should monitor that consignments arrive to the destination within 15 days.

(29)

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 Regulation follows the same approach and avoids the need for a number of cross-references between different acts, and it thus increases transparency. Various supplementing rules laid down in this draft act are interconnected and are to be applied in tandem. This is particularly the case for the rules on transit, and these rules will apply from the same date. Having these supplementing rules laid down in a single act also avoids the risk of duplication of rules.

(30)

Commission Decision 2000/208/EC (9), Commission Decision 2000/571/EC (10) and Commission Implementing Decision 2011/215/EU (11) lay down rules on areas that fall within the scope of this Regulation. Accordingly, in order to avoid a duplication of rules those acts should be repealed.

(31)

Commission Decision 2007/777/EC (12), Commission Regulation (EC) No 798/2008 (13), Commission Regulation (EC) No 1251/2008 (14), Commission Regulation (EC) No 119/2009 (15), Commission Regulation (EU) No 206/2010 (16), Commission Regulation (EU) No 605/2010 (17), Regulation (EU) No 142/2011, Commission Regulation (EU) No 28/2012 (18) and Commission Implementing Regulation (EU) 2016/759 (19) should be amended in order to ensure that the rules laid down in those acts are consistent with the rules laid down in this Regulation.

(32)

Since Regulation (EU) 2017/625 applies from 14 December 2019, this Regulation should also apply from that date,