EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/7222/2019 Rev.2 
(POOL/G3/2019/7222/7222R2 -
EN.docx)  
[…](2019) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2017/625 of the European Parliament and of the 
Council as regards rules for specific official controls for certain categories of animals 
and goods, measures to be taken following the performance of such controls and certain 
categories of animals and goods exempted from official controls at border control posts  
(Text with EEA relevance)    
EN 1  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2017/625 of the European Parliament and of the 
Council as regards  rules for specific official controls for certain categories of animals 
and goods, measures to be taken following the performance of such controls and certain 
categories of animals and goods exempted from official controls at border control posts  
(Text wit h 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 115 1/2012, (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 rep ealing 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 Re gulation)1, and in particular Article 48 (h) 
and Article 77(1)(a) , (b) and (k) thereof,  
Whereas:  
(1) Article 77(1)(a), (b) and (k) of Regulation (EU) 2017/625  empowers the Commission 
to adopt rules for the performance of specific official controls for certain categories of 
animals and goods entering the Union and on measures to be taken in case of non -
compliance.   
(2) In the interest of ensuring efficient official controls of consignments of unskinned, 
furred wild game  introduced into the Union , specific control requirements should be 
laid down where physical controls are finalised at the establishment of destination 
since complete physical checks and sampling cannot be performed at border control 
posts . 
(3) In the interest of ensuring efficient off icial controls of fresh fishery products directly 
landed in Union ports , it should be allowed for official controls to be performed in 
ports designated  by Member States in accordance with Council Regulation (EC) No 
1005/20082.  
                                                 
1 OJ L 95, 7.4.2017, p. 1.  
2 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to 
prevent, deter and e liminate illegal, unreported and unregulated fishing, amending Regulations (EEC) 
No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No  1093/94 
and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).   
EN 2  EN (4) Article 77 (1)(k) of Regulati on (EU) 2017/625  empowers  the Commission to adopt 
rules for the performance of specific official controls for  animals and goods referred to 
in Article 48(h) of that Regulation posing a low risk or no specific risk  and exempted 
from official controls at border control posts, when such an exemption is justified.  
(5) Where official controls are not performed at border control posts, conditions , such as 
adequate control arrangements , should be established  to ensure that no unacceptable 
risks to public, animal and plant health are incurred  where such animals and goods 
enter the Union.  
(6) In the case of frozen tuna posing low risk or no specific risk  in accordance with Article 
48(h)  of Regulation (EU) 2017/625 , official controls may be carried out at the 
processing establishment of destination, which is to be approved by the customs 
authorities for the temporary storage of non -Union goods in accordance with 
Regulation (EU) No 952/2013  of the European Parliament and of the Council3. 
(7) In the case of fishery products posing low risk or no specific risk in accordance with 
Article 48(h)  of Regulation (EU) 2017/625  caught by vessels flying the flag of a 
Member State and introduced into the Union after being unloaded in third countries, as 
referred to in Article 72 of Comm ission Implementing Regulation (EU) 2019/6274, 
measures should be taken in case of suspected non -compliance.  
(8) Animals and goods entering the Union through certain Greek islands and through 
certain French territories pose a low risk given that such animals a nd goods are not 
placed on the market outside these islands or territories. A dequate official control 
requirements and measures should be established to ensure that such animals and 
goods are not placed on the market outside these islands or territories . 
(9) In order to rationalise and simplify the application of the legislative framework the 
rules on official controls under Article 77(1)(k) and Article 48(h) of Regulation (EU) 
2017/625 should be adopted together with the rules on official controls on other 
categories of goods listed in Article 77(1)(a) and (b) of that Regulation . 
(10) These rules are substantially linked and many are intended to be applied in tandem. In 
the interest of simplicity and transparency, as well as to facilitate their application and 
avoid a multiplication of rules, they should therefore be laid down in a single act rather 
than in a number of separate acts with many cross -references and the risk of 
duplication.  
(11) Given that this Regulation lay s down rules covered by  Commission Decision 
94/64 1/EC5 and Commission Implementing Decision 2012/44 /EU,6 those legal acts 
should be repealed.  
                                                 
3 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying 
down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).  
4 Commission Implementing Regulation (EU) 2019/627 of 15 March 2019 laying down uniform practical 
arrangements for the performance of official controls on products of animal origin intended for human 
consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the 
Council and amending Commission Regulation (EC) No 2074/2005 as regards o fficial controls (OJ 
L131, 17.5.2019 , p 51). 
5 Commission  Decision 94/641/EC of 8 September 1994 laying down rules applicable to veterinary 
checks to be carried out on products imported into certain Greek islands from third countries  (OJ L 248, 
23.9.1994, p. 26).  
6 Commission  Implementing Decision 2012/44/EU of 25 January 2012 on the rules applicable to 
veterinary checks to be carried out on live animals and products of animal origin entering certain French 
overseas departments from third countries ( OJ L 24, 27.1.2 012, p. 14 ).  
EN 3  EN (12) Since Regulation (EU) 2017/625 applies from 14 December 2019, this Regulation 
should also apply from that date,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Subject matt er 
This Regulation establishes rules for the performance of specific official controls as regards 
certain categories of animals and goods and measures to be taken in case of non -compliance . 
It lays down rules for cases where and conditions under which certain categories of animals 
and goods are exempted from official controls at border control posts , and when such 
exemption is justified . 
Article 2 
Definitions  
For the purpose s of this Regulation, the following definitions apply:  
(1) ‘IMSOC’ means the information management system for official controls referred to 
in Article 131 of Regulation (EU) 2017/625;  
(2) ‘fresh fishery products’ means fresh fishery products as defined in point 3. 5 of 
Annex  I to Regulation (EC) No 853/2004  of the European Parliament and of the 
Council7; 
(3) ‘frozen tuna’ means tuna kept in compliance with the requirements set out  in point 
(2) of Chapter VII of Section VIII of Annex III to Regulation (EC) No 853/2004 . 
Article 3  
Unskinned, furred wild game  
1. The competent authority of the border control posts  of first arrival into the Union  
may allow the dispatch of consignments of unskinned, furred wild game to the 
establishment at the pla ce of destination without finalising physical checks  if the 
consignments  are dispatched  in vehicles or containers in accordance with Articles 2 
and 3 of Commission Delegated Regulation  (EU) 2019/16668. 
2. The competent authority referred to in paragraph 1 shall inform the competent 
authority of the establishment at the place of destination of the necessity to finalise 
physical checks, in particular health checks and laboratory testing.  
3. The competent authority of the establishment at the place of destinat ion shall inform  
the competent authority referred to in paragraph 1  of the results of the physical 
checks  referred to in paragraph 2 . 
                                                 
7 Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying 
down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).  
8 Commission Delegated Regulation (EU) 2019/166  of 24 June 2019 supplementing Regulation (EU) 
2017/625 of the European Parliament and of the Council as regards conditions for monitoring the 
transport and arrival of consignments of certain goods from the border control post of arrival to the 
establishment at the pl ace of destination in the Union  (OJ L 255, 4.10.2019,  p. 1).  
EN 4  EN Article 4 
Fresh fishery products directly landed in Union ports designated by Member States from a 
fishing vessel flying a  third country flag  
Fresh fishery products directly  landed from a fishing vessel flying a third  country flag are 
exempted from official controls at border control posts  provided that they are performed by 
competent authorities in Union ports designated by Member States in accordance with Article 
5(1) of Regulation (EC) No 1005/2008 . 
Article 5 
Frozen tuna directly landed in Union ports designated by Member States from a fishing 
vessel flying a third country flag   
Member States may carry out, at the processing establishment of destination  approved in 
accordance with Article 4 of Regulation (EC) No 853/2004 , official controls of frozen tuna 
that has not been behe aded  nor gutted and that has been landed directly  in Union ports 
designated by Member State s in accordance with Article 5(1) of Regulation (EC) No 
1005/2008  from a fishing vessel flying a third country flag,  subject to the following 
conditions:  
(a) the official controls are carried out by the competent authority of the nearest border 
control pos t; 
(b) the processing establishment of destination is approved by the customs authorities for 
the temporary storage of non -Union goods in accordance with Article 147(1) and 
Article 148 of Regulation (EU) No 952/2013;  
(c) the frozen tuna is dispatched from the vessel to the processing establishment of 
destination in sealed vehicles or transport containers, under the supervision of the 
competent authority carrying out the official controls  and under the relevant customs 
procedure in accordance with Articles 134, 135, 140, 141 and Article 148(5) of 
Regulation (E U) No 952/2013;  
(d) prior to the arrival of the consignment at designated Union ports, the operator 
responsible for the consignment has notif ied the competent authority referred to in 
point (a)  of this Article of the arrival of the consignment by submitting in the IMSOC 
a completed Common Health Entry Document ( CHED ) as referred to in Article 56 of 
Regulation (EU) 2017/625 . 
Article 6 
Fishery products intended for human consumption caught by vess els flying the flag of a 
Member State, unloaded in third countries  
1. Consignments of fishery products intended for human consumption caught by 
vessels flying the flag of a Member State, unloaded, with or without storage, in third 
countries before entering  the Union by a di fferent means of transportation  as referred 
to in Article 72 (1) of Implementing Regulation (EU) 2019/627  shall undergo 
documentary checks  by the competent authority of the  border control posts  of first 
arrival into the Union . 
2. Consignments referred to in paragraph 1 may be exempted from identity and 
physical checks at border control posts provided that they comply with the conditions 
laid down in Article 72 of Regulation (EU) 2019/627 .   
EN 5  EN 3. When non -compliance with the rules refe rred to in Article 1(2) of Regulation (EU) 
2017/625 is identified or suspected, the competent authority of the border control 
post of first arrival into the Union  shall perform, in addition  to documentary  checks , 
identity and physical checks on the consign ments referred to in paragraph 1 of this 
Article.  
Article 7 
Consignments entering the Union through  certain Greek islands and certain French 
territories  
1. Products of animal origin  and composite products  entering the Union from third 
countries  through the authorised points  of entry  in the Greek island s of Rhodes, 
Mitilini and Iraklio (Crete) for local use in the  Greek island of the point  of entry  are 
exempted from official controls at border control posts . 
2. Animals, products of animal origin and composite products entering the Union from 
third countries through the authorised points  of entry  in the French overseas 
departments of Guadeloupe, French Guiana, Martinique and Mayotte for local use in 
the French overseas department of the point  of en try are exempted from official 
controls at border control posts.  
Article 8 
Specific official c ontrols on consignments entering the Union through  certain Greek 
islands and  certain French territories   
1. Consignments referred to in Article 7 shall be subject , for each authorised point  of 
entry , to checks in accordance with Annex  I. 
2. Each authorised point  of entry  shall be under the responsibility of a competent 
authority , which  has at its disposal :  
(a) official veterinarians responsible for taking decisions on the consignments in 
accordance with point (a) of Article 55(2) of Regulation (EU) 2017/625, and  
(b) if deemed necessary  by the competent  authority , staff referred to in points (a) 
and (b) of Articl e 49(2) of Regulation (EU) 2017/625 trained in accordance 
with Article 2 of Commission Delegated Regulation (EU) 2019 /10819. 
3. The competent authority of the authorised points  of entry  in the Greek island s 
referred to in Article 7 (1) shall ensure that for each authorised point  of entry  staff and 
resources are available to carry out official controls on consignments of goods 
referred to in Article 7(1)  for which the point  of entry  is authorised . 
4. Each authorised point  of entry  in the French overseas departments referred to in 
Article 7 (2) shall have all the facilities, equipment and staff necessary to carry out 
official controls on consignments of animals and goods referred to in Article 7(2)  for 
which the point  of entry  is authorised . 
                                                 
9 Commission Delegated Regulation (EU) 2019/1081  of 8 March  2019 establishing rules on specific 
training requirements for staff for performing certain physical checks at border control posts (OJ L 171, 
26.6.2019, p. 1).  
EN 6  EN Article 9 
Responsibilities of operators  regarding consignments entering the Union through  certain 
Greek islands and certain French territories  
The operator responsible for consignment s referred to in Article 7 shall:  
(a) notify the competent author ity of the authorised point of entry of the arrival of the 
consignment by submitting a completed CHED in the IMSOC prior to the arrival of 
the consignment at the authorised point  of entry ; 
(b) keep a register approved by the competent authority of the authorised point of entry 
showing  if applicable  the quantities of animals, products of animal origin  and 
composite products for placing on the market and the names and addresses of the 
purchaser(s);  
(c) inform the purchaser(s) that : 
(i) the products of ani mal origin and composite products for placing on the market 
are for local consumption  only and that these products  must not be re-dispatched 
under any circumstances to other parts of the Union territory;  
(ii) in the case of resale, the purchaser(s) must in form the new purchaser(s) where 
the latter is a commercial operator  about the restrictions in accordance with point 
(c)(i);  
(d) in the case of the French overseas departments of Guadeloupe, French Guiana, 
Martinique and Mayotte , inform the purchaser(s) that: 
(i) the animals for placing on the market are for local breeding and production  
only and  that these animals and products derived from these animals  must not be re-
dispatched under any circumstances to other parts of the Union  territory ; 
(ii) in the case  of resale, the purchaser(s) must inform the new purchaser(s) where 
the latter is a commercial operator  about the restrictions in accordance with point 
(d)(i).  
Article 10 
Repeals  
1. Decision 94/641/EC and Implementing Decision 2012/44/EU are repealed  with 
effect from 14 December 2019 . 
2. References to the repealed acts shall be construed as references to this Regulation 
and read in accordance with the correlation tables in Annex II.  
Article 11 
Entry into force and date of application  
This Regulation s hall 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.   
EN 7  EN Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude JUNCKER