EN 1  EN  
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2017/625 of the European Parliament and of the 
Council by derogati ng from the rules on the designation of control points  and from the 
minimum requirements  for border control  posts  
(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) 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/7107/2018 CIS 
(POOL/G3/2018/71017/71017 -EN 
CIS.doc)  
[…](2018) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
on establishing derogations from the rules on the designation of border control posts 
and from border control post minimum requirements  
(Text with EEA relevance)  EN 2  EN No 1069/2009, (EC) No 1107/2009, (EU) 1151/2012, (EU) No 652/2014, (EU) 2016/429 and 
(EU) 2016/2031 of the European Parliament and of the Coun cil, Council Regulation (EC) 
No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 
2007/43/EC, 2 008/119/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, 60/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and 
Council Decisi on 92/438/EEC  (Official Controls Regulation)1, and in particular Article  62(3)  
and Article 64(2) and (5)  thereof,  
Whereas:  
(1) Regulation (EU) 2017/625 establishes inter alia the framework for the performance of 
official controls and other official activit ies on animals and goods entering the Union 
from third countries to verify compliance with Union legislation in order to protect 
human, animal and plant health, animal welfare and, in relation to genetically 
modified organisms ( GMO ) and plant protection pr oducts, also the environment. It 
provides that official controls are to be performed on certain consignments of animals 
and goods at the border control post of first arrival into the Union. To that end , 
Member States are to designate border control posts.  
(2) Regulation (EU) 2017/625 provides that Member States are to notify the Commission 
before designating border control posts, so that the Commission can verify and, where 
necessary , carry out controls to check if they comply with the minimum requirements 
for the designation laid down therein .  Regulation (EU) 2017/625 empowers the 
Commission to lay down certain detailed rules on these minimum requirements. Those 
detailed rules have been  laid down in Commission Implementing Regulation on 
minimum requirements for border control posts [xx] Regulation (EU) 2017/625 also 
provides that Member States are to withdraw the designation of the border control post 
where it ceases to comply with the requirements for the designation for all or for 
certain categories of animals and goods for which the designation was made . 
(3) However, where the withdrawal of the designation was partial  because it concerned  a 
specific category of animals o r a specific category of goods or all categories of 
animals or a ll categories of goods  where the border control post was designated for 
categories of animals and goods , Member States should be allowed to re-designate the 
border control post for those categories of animals or goods  for which the designation 
was withdr awn without being first required to give the Commission the opportunity to 
carry out controls to verify compliance with the minimum requirements . In such cases, 
addressing the non -compliance should not involve changes  as extensive as those 
necessary to designate a border control post  for the first time . It is therefore 
appropriate to establish rules whereby Member States are allowed to re -designate the 
border control post for those categories of animals or goods without being first 
required to give the Commi ssion the opportunity to carry out controls to verify 
compliance with the minimum requirements .  
(4) In order to enable the Commission to perform a thorough assessment of the measures 
taken by the Member State to address the non -compliance  that caused the partial 
withdrawal of the designation , Member States should notify those measures to the 
Commission . They should only proceed with the re -designation where the 
Commission considers that the measures taken are sufficient to remedy the non -
compliance . 
                                                 
1 OJ L 93, 7.4.2017, p. 3.  EN 3  EN (5) The derogation from the rules of Regulation (EU) 2017/625 concerning the 
designation of border control posts  should only apply where the re -designation takes 
place within two years from the date of the partial withdrawal  of the designation . If the 
re-designation take s place more than two years from the date of the partial withdrawal , 
in order to assess the  changes that occurred at the border control posts , the 
Commission should retain the possibility to perform controls to verify  that the border 
control post complies with the minimum requirements .  
(6) Regulation (EU) 2017/625, in certain cases, allows  official controls to be performed at 
control points  other than border control posts and it requires that t hose control points 
comply wit h the minimum requirements and the requirements for the designation and 
withdrawal of the designation  of border control posts .  Therefore, it is appropriate that 
the rules of this Regulation, concerning the re -designation of border control posts  also 
apply to control points.   
(7) Regulation (EU) 2017/625 requires border control posts to be located in the immediate 
vicinity of the point of entry into the Union. However, in order to enable the efficient 
organisation and performance of official cont rols and other official activities, rules 
should be laid down to specify the cases of specific geographical constraints and the 
conditions under which  border control posts can be located at a distance other than in 
the immediate vicinity of the point of en try into the Union . Geographical constraints 
should be those that result from  the natural characteristics and la ndscape  of the point 
of entry,  and t he distance from the point of entry should not exceed what is strictly 
necessary to overcome the difficultie s caused by the geographical constraints . 
Furthermore, that distance  should not be such as to pose a risk to human, animal and 
plant health, animal welfare and the environment.  Specific  geographical constraints 
should include those that  may cause major transportation constraints  like, for example , 
high pass es with roads unsuitable for the movement of animals and goods or causing 
significant delays  in their movement .  
(8) Border control posts for imports of consignments of unprocessed logs and sawn and 
chipped wood , often operate under geographical constraints , which result from  long 
coastlines or long borders of some Member States . As a result of the aforesaid 
geographical constraints , they are generally only ope rational  at the time of performing 
offici al controls. Therefore, certain exemptions  from the minimum requirements  for 
border control posts laid down in Article 64(3) of Regulation (EU) 2017/625 should be 
established for their designation. Nonetheless, in order to ensure the effectiveness of 
official controls and other official activities, compliance with specific conditions 
should be fulfilled  during the performance of those controls and activiti es by a mobile 
official control team  of the competent authority of the border control post. In 
particular, a mobile official control team should be  able to provide sufficient and 
suitably qualified staff and have access to the necessary equipment  at the ti me of 
official controls  or other official activities . 
(9) The rules required to be established by the Commission in accordance with Article 
62(3), Article 64(2) and Article 64(5) of Regulation (EU) 2017/625  are closely linked 
since they all concern derogations or exemptions from certain requirements  applicable 
to border control posts . In order to facilitate the correct and comprehensive  application 
of those  rules, which should also apply from the same date, it is appropriate to lay 
them  down in one act.  EN 4  EN (10)As the specific empowerments  granted to the Commission  set out in Regulation (EU) 
2017/625 begin to apply from 14 December 2019 , this Regulation should also apply 
from the same date,  
HAS ADOPTED THIS REGUL ATION:  
Article 1  
 
Subject matter  
This Regulation lays down  rules concerning:  
(a) the re -designation of a border control post or of a control point other than a border 
control post where the designation has been partially withdrawn;   
(b) border control posts situated at a distance other than in the immediate vicinity of the 
point of entry into the Union due to specific geographical constraints;   
(c) the designation of border control posts for imports of unprocessed logs and sawn and 
chipped wood to take account of specific geographical constraints.  
Article  2 
 
Re-designation of a border control post or of a control point other than a border control post 
following the partial withdrawal of its designation  
1. By way of derogation from Article 59(3), (4) and (5) of Regulation (EU) 2017/625 , 
where a Member State has withdrawn the designation of a border control post or of a 
control point  other than a border control post as referred to in Article 53(1)(a) of that 
Regulation , for certain categor ies of animals or goods included in the scope of its 
designation  as a result of non -compliance with the minimum requirements referred to 
in Article 64 (3) of that Regulation or with the minimum requirements  referred to  in 
Commission Implementing Regulation  [xx] (hereinafter  ‘minimum requirements ’) 
the Member State may re -designate th at border control post or that control point  
(hereinafter ‘the re -designation’) in accordance with paragraphs 2 to 5 of this Article.  
2. Prior  to the re -designation  referred to in paragraph 1 , the Member State shall notify 
the Commission  of the measures it has  taken to remedy the non -compliance  with the 
minimum requirements  referred to in paragraph  1.  
3. Within a period of one month starting from the date of receipt of the notification, the 
Commission shall assess whether the measures taken  are sufficient to ensure 
compliance with the minimum requirements  and, within that period , it shall inform 
the Member State of the outcome of its assessment . 
4. The Member State shall proceed with the re -designation only where it has been 
informed by the Commission, in accordance with paragraph 3, that the measures 
taken by the Member State are sufficient to ensure compliance with the  minimum 
requir ements.   
5. The re -designation in accordance with paragraph 4  may only take place  within a 
period of two years starting from the date of the partial withdrawal of the designation 
referred to in paragraph 1.  
After that period of two years , the re -designati on may only take place  in accordance 
with Article 59 of Regulation (EU) 2017/625  EN 5  EN Article 3 
 
Border control p osts situated at a distance other than in the immediate  vicinity of the point of 
entry into the Union  
1. By way of derogation  from Article 64(1)  of Regulation (EU) 2017/625 , border 
control posts  may be situated at a distance other than in the immediate  vicinity of the 
point of entry into the Union , provided  that: 
(a) this is necessitated by specific geographical constraints  in accordance with 
paragraph 2,  and  
(b) the conditions laid down in paragraph 3  are fulfilled . 
2. The geographical constraints referred to in paragraph 1 shall be such as to prevent or 
restrict  the efficient  performance of official controls and other official activities .  
Those geographical constraints shall consist of  one or more of the following : 
(a) points of entry with a geographical configuration that imposes major 
constraints  on the transportation system;  
(b) points of entry subject to recurrent  floods in certain periods of the year;  
(c) maritime wharves surrounded by cliffs;  
(d) border roads which cross a high pass;  
(e) rail transport of animals and goods which makes it necessary to locate the 
border control post at the first station stop; or  
(f) points of entry with no suitable land  to enable the border control post and its 
facilities to be located in their immediate vicinity . 
3. Where a Member States decide s to designate one or more border control posts  
referred to in paragraph  1, the designa tion shall be subject to compliance with the 
following conditions:   
(a) the distance of the border control post from the point of entry into the Union is 
commensurate  to the need to overcome the constraints of geography  and it does 
not go beyond  that need;  and 
 (b) the border control post and the point of entry are under the competence  of the 
same custom s authority so that consignments can be moved from the point of 
entry to the border control posts without being placed and handled under a 
customs procedure . 
4. The b order control post shall be situated at a sufficient distance from establishments or 
places where animals, plants, plant products or other objects likely to be infected with 
transmissible diseases or pests are kept or grown  to prevent the risk of in fection from 
diseases or pests . 
Article 4 
 
Exemptions  for border control posts for imports of unprocessed logs and sawn and chipped 
wood  
1. The exemption  provided for in paragraph 2 shall apply to border control posts which, 
due to a Member State long coastline or borders , only operate at the time of EN 6  EN performing controls on consignments of unprocessed logs and sawn and chipped 
wood  (‘the border control posts concerned’) . 
2. Member States may designate the border control posts  concerned and exempt  them  
from the obligations referred to in Article 64(3)(a), (c) and (f) of Regulation (EU) 
2017/625 , provided the following conditions  are fulfilled : 
(a) arrangements are in place to prevent at all times any undetected entry into the 
Union of consignments of unprocessed logs and sawn and chipped wood ; 
(b) the border control post concerned has access to a sufficient number of suitably 
qualified staff in the form of a competent authorities' mobile official control 
team, able to reach the border control post conc erned before the arrival of the 
consignments to perform official controls on unprocessed logs and sawn and 
chipped wood ; 
(c) the competent authorities' mobile official control team  provides or has 
immediate access to : 
(i) the equipment, premises and other facilities referred to in Article 
64(3)(c) of  Regulation (EU)  2017/625 ; and  
 (ii)  the technology and IT equipment referred to in Article 64(3)(f)  of  
             that Regulation . 
 
Article 5  
 
Entry into force and application  
This Regulation shall enter into force on the twentieth day following 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 Memb er States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean Claude JUNCKER