EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/7143/2018 
(POOL/G3/2018/7143/7143 -EN.docx)  
[…](2019) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
on the procedures at border control posts for a coordinated performance by competent 
authorities of intensified official controls on products of animal origin, germinal 
products, animal by -products and composite products  
(Text with EEA relevance)   EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
on the procedures at border control posts for a coordinated performance by competent 
authorities of intensified official controls on products of animal origin, germinal 
products, animal by -products and composite products  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having rega rd 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 Regulatio ns (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)1, and in particular Article 65(6) thereof , 
Whereas:  
(1) Regulation (EU) 2017/625 subjects certain categories of anima ls and goods to 
systematic controls at border control posts prior to their entry into the Union.  
(2) It follows from Article 65(4) of Regulation (EU) 2017/625 that i n case of suspected 
fraudulent or deceptive practices by an operator or in the case of serious or repeated 
infringements  of the rules referred to in Article 1(2) of that Regulation, official 
controls on consignments with the same use or origin performed by the competent 
authorities at the border control posts sh ould be intensified . Pursuant to Article 65(5) 
of Regulation (EU) 2017/625, t he competent authorities’ decision to perform such 
intensified controls is to be notified to the Commission and the Member States through 
the information management system for official controls ( IMSOC ) referred t o in 
Article 131 of that Regulation . 
(3) In order to ensure a harmonised approach to the coordinated performance of 
intensified official controls on certain goods entering the Union, detailed procedures 
for the coordinated performance of those  controls should be established, including 
rules on the role of the IMSOC in this respect.  For practical reasons, the coordinated 
performance of intensified controls at borders should be limited to the categories of 
consignments for which there is an ident ifiable listed establishment of origin, i.e. 
consignments of products of animal origin, germinal products , animal by -products  and 
composite products . 
                                                 
1 OJ L 95, 7.4.2017, p. 1.  EN 2  EN (4) When receiving notifications from the competent authorities in accordance with 
Article 65(5) of Regulation  (EU) 2017/625, the Commission should in particular 
assess  whether  the non -compliance is based on  suspected fraudulent or deceptive 
practices or on a possible serious or repeated infringement of the rules referred to in 
Article 1(2) of Regulation (EU) 2017 /625, for instance the placing on the market of 
products of animal origin containing levels of contaminants or residues of veterinary 
medicinal products which exceed the maximum residue limit, or of products which do 
not comply with Commission Regulation ( EC) No 2073/20052. 
(5) In order to reduce the risk of fraudulent or deceptive practices by way of presenting 
small consignments  for official controls , the total weight of compliant consignments 
required  to end the coordinated performance of intensified official controls should 
amount to at least ten times the weight of the consignment that  initially triggered the 
measure. However, in order to avoid an unacceptable administrative and financial 
burden for the competent authorities  and for operators , a maxi mum total weight of 
compliant consignments required to end the coordinated  performance of intensified 
official controls  should be set . 
(6) If, during the coordinated performance of intensified official controls, three 
consignments entering the Union reveal the  same type of infringement indicated in the 
notification in accordance with Article 65(5) of Regulation (EU) 2017/625, t he 
coordinated performance of intensified official controls should be maintained until its 
results and the action of the competent authorities of the third countries concerned are 
satisfactory . In that case, t he Commission should request the competent authorities of 
the third countries to carry out the necessary investigations and measures in order to 
remedy the situation in the establishment of origin and report back to the Commission.  
(7) For reasons of the efficiency  of the control system , it should be possible for the 
Member States  to exclude certain consignments from the coordinated performance of 
intensified official controls , in cases where the consignments are to  be refused entry 
into the Union on grounds other than the infringement for which the coordinated 
intensified official controls are performed . 
(8) Since Regulation (EU) 2017/625 applies from 14 D ecember 2019, this Regulation 
should also apply from that date . 
(9) The measures provided for in this Regulation are in accordance with the opinion of the 
Standing Committee on Plants, Animals, Food and Feed,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Subject matter and s cope  
This Regulation lays down rules relating to the procedures at border control posts for a 
coordinated performance by competent authorities of intensified official controls on products 
of animal origin, germinal products , animal by -products  and composite products entering the 
Union for placing on the market.  
                                                 
2 Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for 
foodstuffs  (OJ L 338, 22.12.2005, p. 1 ). 
 EN 3  EN Article 2  
Definition  
For the purpose of this Regulation, ‛establishment of origin ’ means the establishment of 
origin  in a third country , including third country vessels,  appearing on lists drawn up 
regarding the export of products of animal origin, germinal products , animal by -products and 
composite products to the Union  in accordance with the relevant Union  legislation.  
Article 3  
Triggering of the c oordinated performance of intensified of ficial controls  
1. When notifying the Commission and the other Member States through the IMSOC of 
their decision in accordance with Article 65(5) of Regulation (EU) 2017/625, the 
competent authorities shall indicate  the establishment of origin, the category o f 
goods, including their description and code from the Com bined  Nomenclature  set out  
in Annex I to Council Regulation (EEC) No 2658/873, and the infringement for 
which a coordinated performance of intensified official controls is to be performed . 
2. After receipt of the notification referred to in paragraph 1, the Commission shall 
assess whether the following conditions are met : 
(a) the notification is based on suspected fraudulent or deceptive practices or on a 
possible serious or repeated infringement o f the rules referred to in Article 1(2) 
of Regulation (EU) 2017/625;  
(b) the notification  is related to an action or omission for which the establishment 
of origin of the consignment  concerned  is responsible; and  
(c) the consignment concerned is not already subje ct to the coordinated 
performance of intensified official controls in accordance with this Regulation ; 
(d) the consignment concerned is not subject to emergency measures adopted in 
accordanc e with Article 53 of Regulation (EC) No 178/2002  of the European 
Parli ament and of the Council4 and Article 261 of Regulation (EU) 2016/4295, 
or to special measures adopted in accordance with Article 128 of Regulation 
(EU) 2017/625, for the same infringement as the one indicated in the 
notification refe rred to in paragraph 1 .  
3. The Commission shall record the outcome of its assessment referred to in paragra ph 
2 in the IMSOC.  
4. Where the outcome of the assessment referred to in paragraph 2 indicates that the 
requisite conditions have been met,  the competent authorities at the border control 
posts in all Member States shall perform coordinated intensified official controls.  
                                                 
3 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on 
 the Common Customs Tariff (O J L 256 7.9.1987, p. 1).  
4 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying 
down the general principles and requirements of food law, establishing the European Food Safety 
Authority and laying down procedu res in matters of food safety  (OJ L 31, 1.2.2002, p. 1).   
 
5 Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on 
transmissible animal diseases and amending and repealing certain acts in the area of animal health 
(‘Anim al Health Law’) (OJ L 84, 31.3 .2016, p. 1).  EN 4  EN Article 4  
Procedure s for the c oordinated performance of i ntensified official controls  
1. The competent authorities at the border control posts in all Member States shall carry 
out the identity and physical checks referred to in Article 49 of Regulation (EU) 
2017/625  on each consignment coming from the same establishment of origin  and 
containing  the same category of goods , for the same type of infringement,  as 
indicated  in the IMSOC in accordance with Article 3(1) . 
2. For the controls referred to in paragraph 1 , the consignments shall be selected  on the 
basis of the codes from the Combined Nomenclature  indicated in IMSOC  in 
accordance with Article 3(1) . 
3. Where no specific subdivision of the codes from the Combined Nomenclature  exists  
to accurately identify the category of goods  referred  to in paragraph 1, the competent 
authorities at borde r control posts shall  not subject  selected consignments which do 
not correspond to the description  of the goods  referred to in Article 3(1)  to the 
coordinated performance of intensified official controls . 
4. The competent authorities shall record in the IMSOC the reasons for  not subjecting a  
selected consignment to the coordinated performance of intensified official  control s 
in accordance with paragraph 3 . 
Article 5  
Imposed checks  
1. If, during the coordinated performance of intensified official controls,  three 
consignments entering the Union reveal the same type of infringement  indicated in 
the notification referred to in Article 3(1) , the Commission  shall request the 
competent authority of the third country , in which  the establishment of origin of the 
non-compliant consignments is located, to: 
(a) make the necessary investigat ions to identify the reasons for the infringements  
(‘imposed checks ’); 
(b) adopt an action plan  in relation to the establishment of origin to effectively 
remedy the situatio n; and 
(c) report back on the actions  referred to in points (a) and (b) , including the results 
of the action  plan. 
2. The Commission shall closely monitor the results of the imposed checks and the 
action plan and take further action, including measures in accordance with Article 53 
of Regulation (EC) 178/2002 and Article 127(4) of Regulation (EU) 2017/625, 
when:  
(a) the competent authority of the third country does not take appropriate action to 
effectively remedy the situation; or  
(b) the competent authorities of the Member States continue to notify 
unsatisfactory  results of the coordinated performance of intensified official 
controls . EN 5  EN Article 6  
Termination of  the coordinated performance of intensified official controls  
1. The coordinated performance  of intensified official controls shall end in the 
following cases:  
(a) when a competent authority decides to withdraw its notification referred to in 
Article 3(1) and informs the Commission and the other Member States thereof 
through the IMSOC , indicating  the reasons justifying  their decision ; or 
(b) when the following conditions are met:  
(i) an uninterrupted sequence of at least 10 satisfactory results  in the  
coordinated performance of intensified official controls  has been  
recorded in the IMSOC  by the competent authorities of the border 
control posts of the Member States ; and  
(ii) the total weight of the consignments referred to in point (i) reaches at 
least 10 times the weight of the consignment to which the notification 
referred to in Article 3(1) re lates, or a net weight of 300 tons, 
whichever is the lowest.  
2.  However, where the Commission has request ed imposed checks  in accordance with 
point  (a) of Article  5(1), the coordinated performance of intensified official controls  
shall end  when : 
(a) an uninterrupted sequence of at least 30 satisfactory results in the coordinated 
performance of intensified official controls  has been recorded in  the IMSOC  by 
the competent authorities of the border control posts of the Member States ; and  
(b) the competent authority of the third country has adopted a satisfactory action 
plan in accordance with point (b) of Article 5 (1). 
Article 7 
Costs of the coordinated performance of intensified official controls  
The costs of  the coordinated performance of intens ified official controls shall be at the 
expense of the operator responsible for the consignment s that are subject to those controls .  
Article 8 
Consignment s excluded from the coordinated performance of intensified official controls   
1. The competent authorities may exclude a consignment from the coordinated 
performance of intensified official controls, if the consignment is to be refused entry 
into the Union in accordance with Article 66(1) of Regulation (EU) 2017/625 on 
grounds other th an the infringement for which the coordinated intensified official 
controls are performed . 
2. The competent authorities shall record in the IMSOC the reasons for the exclusion of a 
consignment from the coordinated performance of intensified official contro ls in 
accordance with paragraph 1.  EN 6  EN Article 9 
Entry into force and 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