# Official Journal L 261/2019

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 261 |
| | |
| English edition | Legislation | Volume 6214 October 2019 |

ISSN 1977-0677

Official Journal

of the European Union

L 261

English edition

Legislation

Volume 6214 October 2019

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2019/1714 of 30 September 2019 amending Regulations (EC) No 136/2004 and (EC) No 282/2004 as regards the model of common veterinary entry document for products and animals and amending Regulation (EC) No 669/2009 as regards the model of common entry document for certain feed and food of non-animal origin (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the functioning of the information management system for official controls and its system components (the IMSOC Regulation) (
  1
  ) | 37 |
| | | RULES OF PROCEDURE |
| | * | Decision Of The Court Of Justice Of The European Union of 1 October 2019 on internal rules concerning restrictions of certain rights of data subjects in relation to the processing of personal data in the exercise of non-judicial functions of the Court of Justice of the European Union | 97 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2019/1714 of 30 September 2019 amending Regulations (EC) No 136/2004 and (EC) No 282/2004 as regards the model of common veterinary entry document for products and animals and amending Regulation (EC) No 669/2009 as regards the model of common entry document for certain feed and food of non-animal origin (
  1
  )

1

1

*

Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the functioning of the information management system for official controls and its system components (the IMSOC Regulation) (
  1
  )

1

37

RULES OF PROCEDURE

*

Decision Of The Court Of Justice Of The European Union of 1 October 2019 on internal rules concerning restrictions of certain rights of data subjects in relation to the processing of personal data in the exercise of non-judicial functions of the Court of Justice of the European Union

97

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Implementing Regulation (EU) 2019/1295 of 1 August 2019 amending Implementing Regulation (EU) 2018/1469 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EU) 2016/1036 ( Official Journal of the European Union L 204 of 2 August 2019 ) | 100 |

Corrigenda

*

Corrigendum to Commission Implementing Regulation (EU) 2019/1295 of 1 August 2019 amending Implementing Regulation (EU) 2018/1469 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EU) 2016/1036 ( Official Journal of the European Union L 204 of 2 August 2019 )

( Official Journal of the European Union L 204 of 2 August 2019 )

100

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 14.10.2019 | EN | Official Journal of the European Union | L 261/1 |
| --- | --- | --- | --- |

14.10.2019

EN

Official Journal of the European Union

L 261/1

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COMMISSION IMPLEMENTING REGULATION (EU) 2019/1714

of 30 September 2019

amending Regulations (EC) No 136/2004 and (EC) No 282/2004 as regards the model of common veterinary entry document for products and animals and amending Regulation (EC) No 669/2009 as regards the model of common entry document for certain feed and food of non-animal origin

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Articles 3(2) and 7(2) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (2), and in particular Articles 3(5), 4(5) and 5(4) thereof,

Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (3), and in particular Article 15(5) thereof,

Having regard to 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 procedures in matters of food safety (4), and in particular Article 53(1) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 136/2004 (5) lays down the procedures for veterinary checks at border inspection posts on products entering the Union from third countries in accordance with Directive 97/78/EC. Annex III to that Regulation sets out the model for the common veterinary entry document (CVED) to be completed and transmitted by the person responsible for the load to notify the arrival of products to the veterinary staff of the border inspection post, and to be completed under the responsibility of the official veterinarian at the border inspection post, confirming the completion of veterinary checks. |
| --- | --- |

(1)

Commission Regulation (EC) No 136/2004 (5) lays down the procedures for veterinary checks at border inspection posts on products entering the Union from third countries in accordance with Directive 97/78/EC. Annex III to that Regulation sets out the model for the common veterinary entry document (CVED) to be completed and transmitted by the person responsible for the load to notify the arrival of products to the veterinary staff of the border inspection post, and to be completed under the responsibility of the official veterinarian at the border inspection post, confirming the completion of veterinary checks.

| (2) | Commission Regulation (EC) No 282/2004 (6) lays down rules on the procedures for the declaration of, and veterinary checks at border inspection posts on animals entering the Union from third countries in accordance with Directive 91/496/EEC. Annex I to that Regulation sets out the model for the common veterinary entry document (CVED animals) to be completed and transmitted by the person responsible for the load to notify the arrival of animals to the inspection staff of the border inspection post, and to be completed under the responsibility of the official veterinarian at the border inspection post, confirming the completion of veterinary checks. |
| --- | --- |

(2)

Commission Regulation (EC) No 282/2004 (6) lays down rules on the procedures for the declaration of, and veterinary checks at border inspection posts on animals entering the Union from third countries in accordance with Directive 91/496/EEC. Annex I to that Regulation sets out the model for the common veterinary entry document (CVED animals) to be completed and transmitted by the person responsible for the load to notify the arrival of animals to the inspection staff of the border inspection post, and to be completed under the responsibility of the official veterinarian at the border inspection post, confirming the completion of veterinary checks.

| (3) | Commission Regulation (EC) No 669/2009 (7) lays down rules on the increased level of official controls to be carried out at designated points of entry into the Union on imports of certain feed and food of non-animal origin from certain third countries in accordance with Regulation (EC) No 882/2004. Annex II to Regulation (EC) No 669/2009 sets out the model for the common entry document (CED) to be completed and transmitted by feed and food business operators to notify the arrival of consignments to the competent authority at the designated point of entry (DPE) or at the designated point of import (DPI) for certain feed and food referred to in Commission Implementing Regulation (EU) No 884/2014 (8), and to be completed by the authority confirming the completion of official controls. |
| --- | --- |

(3)

Commission Regulation (EC) No 669/2009 (7) lays down rules on the increased level of official controls to be carried out at designated points of entry into the Union on imports of certain feed and food of non-animal origin from certain third countries in accordance with Regulation (EC) No 882/2004. Annex II to Regulation (EC) No 669/2009 sets out the model for the common entry document (CED) to be completed and transmitted by feed and food business operators to notify the arrival of consignments to the competent authority at the designated point of entry (DPE) or at the designated point of import (DPI) for certain feed and food referred to in Commission Implementing Regulation (EU) No 884/2014 (8), and to be completed by the authority confirming the completion of official controls.

| (4) | The web-based system TRACES was established by Commission Decision 2004/292/EC (9) to streamline the work of operators and competent authorities and to enable automated exchange of information between customs and veterinary authorities. Decision 2004/292/EC also requires Member States to use TRACES to complete and transmit the CVEDs for products and animals. Since 2011, TRACES also enables the completion and transmission of the CED by the operators and the competent authorities and is used for that purpose by Member States on a voluntary basis. |
| --- | --- |

(4)

The web-based system TRACES was established by Commission Decision 2004/292/EC (9) to streamline the work of operators and competent authorities and to enable automated exchange of information between customs and veterinary authorities. Decision 2004/292/EC also requires Member States to use TRACES to complete and transmit the CVEDs for products and animals. Since 2011, TRACES also enables the completion and transmission of the CED by the operators and the competent authorities and is used for that purpose by Member States on a voluntary basis.

| (5) | Regulation (EU) 2017/625 of the European Parliament and of the Council (10) requires the Commission, in collaboration with the Member States, to set up and manage a computerised information management system for official controls (IMSOC) to manage, handle and automatically exchange data, information and documents in relation to official controls. The IMSOC is aimed to integrate and upgrade as necessary the information systems managed by the Commission, amongst them TRACES, and provide appropriate links between those systems and the existing national systems of the Member States. That Regulation repeals and replaces Directives 91/496/EEC and 97/78/EC and Regulation (EC) No 882/2004 with effect from 14 December 2019. |
| --- | --- |

(5)

Regulation (EU) 2017/625 of the European Parliament and of the Council (10) requires the Commission, in collaboration with the Member States, to set up and manage a computerised information management system for official controls (IMSOC) to manage, handle and automatically exchange data, information and documents in relation to official controls. The IMSOC is aimed to integrate and upgrade as necessary the information systems managed by the Commission, amongst them TRACES, and provide appropriate links between those systems and the existing national systems of the Member States. That Regulation repeals and replaces Directives 91/496/EEC and 97/78/EC and Regulation (EC) No 882/2004 with effect from 14 December 2019.

| (6) | Regulation (EU) 2017/625 provides that for each consignment of the categories of animals and goods referred to in Article 47(1) of that Regulation a common health entry document (CHED) is to be used by the operators responsible for the consignment, in order to notify the authorities at the border control post in advance of the arrival of the consignment and by the authorities at the border control post, in order to record the outcome of official controls and any decision taken on that basis. The CHEDs will thus replace CVEDs and CEDs as of 14 December 2019. |
| --- | --- |

(6)

Regulation (EU) 2017/625 provides that for each consignment of the categories of animals and goods referred to in Article 47(1) of that Regulation a common health entry document (CHED) is to be used by the operators responsible for the consignment, in order to notify the authorities at the border control post in advance of the arrival of the consignment and by the authorities at the border control post, in order to record the outcome of official controls and any decision taken on that basis. The CHEDs will thus replace CVEDs and CEDs as of 14 December 2019.

| (7) | Regulation (EU) 2017/625 also provides that the IMSOC is to allow for the production, handling and transmission of the CHED and it empowers the Commission to lay down rules on the format of the CHED and the instructions for its presentation and use, taking account of international standards, as well as the rules for the use of electronic signatures. |
| --- | --- |

(7)

Regulation (EU) 2017/625 also provides that the IMSOC is to allow for the production, handling and transmission of the CHED and it empowers the Commission to lay down rules on the format of the CHED and the instructions for its presentation and use, taking account of international standards, as well as the rules for the use of electronic signatures.

| (8) | To further facilitate and accelerate the administrative procedures for operators and competent authorities, the Commission has developed a new version of the TRACES system enabling the entire process of the CHED production to be performed electronically as of 14 December 2019. It uses international standards for paperless trade facilities, standards set out in Regulation (EU) No 910/2014 of the European Parliament and of the Council (11) for qualified electronic signature, seal and time stamp and the technical specifications laid down in the Annex to Commission Implementing Decision (EU) 2015/1506 (12) for advanced electronic signature and seal. |
| --- | --- |

(8)

To further facilitate and accelerate the administrative procedures for operators and competent authorities, the Commission has developed a new version of the TRACES system enabling the entire process of the CHED production to be performed electronically as of 14 December 2019. It uses international standards for paperless trade facilities, standards set out in Regulation (EU) No 910/2014 of the European Parliament and of the Council (11) for qualified electronic signature, seal and time stamp and the technical specifications laid down in the Annex to Commission Implementing Decision (EU) 2015/1506 (12) for advanced electronic signature and seal.

| (9) | The current version of the TRACES system used to complete and transmit the CVEDs and CEDs will be phased out as of 14 December 2019 and from that date, operators and competent authorities will have to complete and submit the CHEDs using the new version of the TRACES system. |
| --- | --- |

(9)

The current version of the TRACES system used to complete and transmit the CVEDs and CEDs will be phased out as of 14 December 2019 and from that date, operators and competent authorities will have to complete and submit the CHEDs using the new version of the TRACES system.

| (10) | In order to allow for a smooth transition towards the use of the new version of the TRACES system, the possibility to use either the current or the new version of the TRACES system to complete and transmit the CVED and CED should be offered to operators and competent authorities until 13 December 2019. To this end, this Regulation should lay down a model of CVED for animals and products and a model of CED for certain feed and food of non-animal origin that are compatible with the new version of the TRACES system. |
| --- | --- |

(10)

In order to allow for a smooth transition towards the use of the new version of the TRACES system, the possibility to use either the current or the new version of the TRACES system to complete and transmit the CVED and CED should be offered to operators and competent authorities until 13 December 2019. To this end, this Regulation should lay down a model of CVED for animals and products and a model of CED for certain feed and food of non-animal origin that are compatible with the new version of the TRACES system.

| (11) | Regulations (EC) No 136/2004 and (EC) No 282/2004 provide that the production, use, transmission and storage of CVEDs may be done by electronic means at the discretion of the competent authority. Moreover, Regulation (EC) No 882/2004 provides that the Commission may adopt requirements concerning the principles to be respected to ensure reliable certification, including electronic certification. In order to streamline the completion and transmission of the models of CVEDs and CED in the new version of the TRACES system, this Regulation should establish the security requirements to be met with regard to the use of electronic CVEDs and CEDs in that system. |
| --- | --- |

(11)

Regulations (EC) No 136/2004 and (EC) No 282/2004 provide that the production, use, transmission and storage of CVEDs may be done by electronic means at the discretion of the competent authority. Moreover, Regulation (EC) No 882/2004 provides that the Commission may adopt requirements concerning the principles to be respected to ensure reliable certification, including electronic certification. In order to streamline the completion and transmission of the models of CVEDs and CED in the new version of the TRACES system, this Regulation should establish the security requirements to be met with regard to the use of electronic CVEDs and CEDs in that system.

| (12) | It is therefore appropriate to amend the provisions on the notification of arrival of products and animals to allow the use of two different models of CVED and to lay down requirements for the completion of an electronic CVED in Regulations (EC) No 136/2004 and (EC) No 282/2004. Furthermore, an Annex to those Regulations setting out the model of CVED for products and animals for use in the new version of the TRACES system should be added. |
| --- | --- |

(12)

It is therefore appropriate to amend the provisions on the notification of arrival of products and animals to allow the use of two different models of CVED and to lay down requirements for the completion of an electronic CVED in Regulations (EC) No 136/2004 and (EC) No 282/2004. Furthermore, an Annex to those Regulations setting out the model of CVED for products and animals for use in the new version of the TRACES system should be added.

| (13) | Similarly, it is appropriate to adapt the definition of the CED in Regulation (EC) No 669/2009 to allow the use of two different models of CED, to lay down requirements for the completion of an electronic CED and to add an Annex to that Regulation setting out the model of CED to be used in the new version of the TRACES system. |
| --- | --- |

(13)

Similarly, it is appropriate to adapt the definition of the CED in Regulation (EC) No 669/2009 to allow the use of two different models of CED, to lay down requirements for the completion of an electronic CED and to add an Annex to that Regulation setting out the model of CED to be used in the new version of the TRACES system.

| (14) | For the sake of consistency, the date until which this Regulation should apply should correspond to the date on which Directives 91/496/EEC and 97/78/EC and Regulation (EC) No 882/2004 cease to apply. |
| --- | --- |

(14)

For the sake of consistency, the date until which this Regulation should apply should correspond to the date on which Directives 91/496/EEC and 97/78/EC and Regulation (EC) No 882/2004 cease to apply.

| (15) | Regulations (EC) No 136/2004, (EC) No 282/2004 and (EC) No 669/2009 should therefore be amended accordingly. |
| --- | --- |

(15)

Regulations (EC) No 136/2004, (EC) No 282/2004 and (EC) No 669/2009 should therefore be amended accordingly.

| (16) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(16)

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

Amendments to Regulation (EC) No 136/2004

Regulation (EC) No 136/2004 is amended as follows:

| (1) | in Article 2, paragraph 1 is replaced by the following:

  ‘1.   Before the physical arrival of the consignment on Community territory the person responsible for the load shall notify the arrival of the products to the veterinary staff of the border inspection post to which the products are to be submitted, using a document drawn up in accordance with either of the models of common veterinary entry document (CVED) set out in Annex III and in Part 2 of Annex VI.’; |
| --- | --- |

(1)

in Article 2, paragraph 1 is replaced by the following:

‘1.   Before the physical arrival of the consignment on Community territory the person responsible for the load shall notify the arrival of the products to the veterinary staff of the border inspection post to which the products are to be submitted, using a document drawn up in accordance with either of the models of common veterinary entry document (CVED) set out in Annex III and in Part 2 of Annex VI.’;

| (2) | the following Article 10a is inserted:

  ‘Article 10a
  Requirements for completing an electronic CVED

  1.   Where an electronic CVED is used, it shall be completed in the TRACES system and meet all of the following requirements:






  (a) | it complies with the model set out in Part 2 of Annex VI; |
| --- | --- | --- |

(2)

the following Article 10a is inserted:

‘Article 10a

Requirements for completing an electronic CVED

1.   Where an electronic CVED is used, it shall be completed in the TRACES system and meet all of the following requirements:

(a)

it complies with the model set out in Part 2 of Annex VI;

| (b) | it is signed with the electronic signature of the operator responsible for the load; |
| --- | --- |

(b)

it is signed with the electronic signature of the operator responsible for the load;

| (c) | it is signed with the advanced or qualified electronic signature of the official veterinarian at the border inspection post or another official veterinarian operating under his/her supervision; |
| --- | --- |

(c)

it is signed with the advanced or qualified electronic signature of the official veterinarian at the border inspection post or another official veterinarian operating under his/her supervision;

| (d) | it bears the advanced or qualified electronic seal of the issuing competent authority to which the official veterinarian at the border inspection post or another official veterinarian operating under his/her supervision belongs; |
| --- | --- |

(d)

it bears the advanced or qualified electronic seal of the issuing competent authority to which the official veterinarian at the border inspection post or another official veterinarian operating under his/her supervision belongs;

| (e) | it is sealed by the TRACES system with an advanced or qualified electronic seal. |
| --- | --- |

(e)

it is sealed by the TRACES system with an advanced or qualified electronic seal.

2.   Each of the operations referred to in paragraph 1 shall be timestamped with a qualified electronic time stamp.’;

| (3) | a new Annex VI is added, the text of which is set out in Annex I to this Regulation. |
| --- | --- |

(3)

a new Annex VI is added, the text of which is set out in Annex I to this Regulation.

Article 2

Amendments to Regulation (EC) No 282/2004

Regulation (EC) No 282/2004 is amended as follows:

| (1) | in Article 1, paragraph 1 is replaced by the following:

  ‘1.   Where any animal referred to in Directive 91/496/EEC enters the Community from a third country, the person responsible for the load within the meaning of Article 2(2)(e) of Directive 97/78/EC shall give notice of such entry at least one working day before the expected arrival of the animal(s) on Community territory. Such notification shall be made to the inspection staff of the border inspection post using a document drawn up in accordance with either of the models of common veterinary entry document (CVED) set out in Annex I and Part 2 of Annex III.’; |
| --- | --- |

(1)

in Article 1, paragraph 1 is replaced by the following:

‘1.   Where any animal referred to in Directive 91/496/EEC enters the Community from a third country, the person responsible for the load within the meaning of Article 2(2)(e) of Directive 97/78/EC shall give notice of such entry at least one working day before the expected arrival of the animal(s) on Community territory. Such notification shall be made to the inspection staff of the border inspection post using a document drawn up in accordance with either of the models of common veterinary entry document (CVED) set out in Annex I and Part 2 of Annex III.’;

| (2) | the following Article 7a is inserted:

  ‘Article 7a
  Requirements for completing an electronic CVED

  1.   Where an electronic CVED is used, it shall be completed in the TRACES system and meet all of the following requirements:






  (a) | it complies with the model set out in Part 2 of Annex III; |
| --- | --- | --- |

(2)

the following Article 7a is inserted:

‘Article 7a

Requirements for completing an electronic CVED

1.   Where an electronic CVED is used, it shall be completed in the TRACES system and meet all of the following requirements:

(a)

it complies with the model set out in Part 2 of Annex III;

| (b) | it is signed with the electronic signature of the operator responsible for the load; |
| --- | --- |

(b)

it is signed with the electronic signature of the operator responsible for the load;

| (c) | it is signed with the advanced or qualified electronic signature of the official veterinarian at the border inspection post or another official veterinarian operating under his/her authority; |
| --- | --- |

(c)

it is signed with the advanced or qualified electronic signature of the official veterinarian at the border inspection post or another official veterinarian operating under his/her authority;

| (d) | it bears the advanced or qualified electronic seal of the issuing competent authority to which the official veterinarian at the border inspection post or another official veterinarian operating under his/her responsibility belongs; |
| --- | --- |

(d)

it bears the advanced or qualified electronic seal of the issuing competent authority to which the official veterinarian at the border inspection post or another official veterinarian operating under his/her responsibility belongs;

| (e) | it is sealed by the TRACES system with an advanced or qualified electronic seal. |
| --- | --- |

(e)

it is sealed by the TRACES system with an advanced or qualified electronic seal.

2.   Each of the operations referred to in paragraph 1 shall be timestamped with a qualified electronic time stamp.’;

| (3) | a new Annex III is added, the text of which is set out in Annex II to this Regulation. |
| --- | --- |

(3)

a new Annex III is added, the text of which is set out in Annex II to this Regulation.

Article 3

Amendments to Regulation (EC) No 669/2009

Regulation (EC) No 669/2009 is amended as follows:

| (1) | in Article 3, point (a) is replaced by the following:






  ‘(a) | “common entry document (CED)” means the document to be completed by the feed and food business operator or its representative as provided for in Article 6, models of which are set out in Annex II and in Part 2 of Annex III, and by the competent authority confirming completion of official controls;’; |
| --- | --- | --- |

(1)

in Article 3, point (a) is replaced by the following:

‘(a)

“common entry document (CED)” means the document to be completed by the feed and food business operator or its representative as provided for in Article 6, models of which are set out in Annex II and in Part 2 of Annex III, and by the competent authority confirming completion of official controls;’;

| (2) | the following Article 7a is inserted:

  ‘Article 7a
  Requirements for completing an electronic CVED

  1.   Where an electronic CED is used, it shall be completed in the TRACES system and meet all of the following requirements:






  (a) | it complies with the model set out in Part 2 of Annex III; |
| --- | --- | --- |

(2)

the following Article 7a is inserted:

‘Article 7a

Requirements for completing an electronic CVED

1.   Where an electronic CED is used, it shall be completed in the TRACES system and meet all of the following requirements:

(a)

it complies with the model set out in Part 2 of Annex III;

| (b) | it is signed with the electronic signature of the operator responsible for the consignment; |
| --- | --- |

(b)

it is signed with the electronic signature of the operator responsible for the consignment;

| (c) | it is signed with the advanced or qualified electronic signature of the official inspector at:






  (i) | either the designated point of entry; or |
| --- | --- | --- |

(c)

it is signed with the advanced or qualified electronic signature of the official inspector at:

(i)

either the designated point of entry; or

| (ii) | the designated point of import; or |
| --- | --- |

(ii)

the designated point of import; or

| (iii) | the control point, during the transitional period provided for in Article 19(1); |
| --- | --- |

(iii)

the control point, during the transitional period provided for in Article 19(1);

| (d) | it bears the advanced or qualified electronic seal of the issuing competent authority to which the official inspector belongs; |
| --- | --- |

(d)

it bears the advanced or qualified electronic seal of the issuing competent authority to which the official inspector belongs;

| (e) | it is sealed by the TRACES System with an advanced or qualified electronic seal. |
| --- | --- |

(e)

it is sealed by the TRACES System with an advanced or qualified electronic seal.

2.   Each of the operations referred to in paragraph 1 shall be timestamped with a qualified electronic time stamp.’;

| (3) | a new Annex III is added, the text of which is set out in Annex III to this Regulation. |
| --- | --- |

(3)

a new Annex III is added, the text of which is set out in Annex III to this Regulation.

Article 4

Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

It shall apply until 13 December 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 September 2019.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 268, 24.9.1991, p. 56.

1

(2)  
  OJ L 24, 30.1.1998, p. 9.

2

(3)  
  OJ L 165, 30.4.2004, p. 1.

3

(4)  
  OJ L 31, 1.2.2002, p. 1.

4

(5)  Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries (OJ L 21, 28.1.2004, p. 11).

5

(6)  Commission Regulation (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community (OJ L 49, 19.2.2004, p. 11).

6

(7)  Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11).

7

(8)  Commission Implementing Regulation (EU) No 884/2014 of 13 August 2014 imposing special conditions governing the import of certain feed and food from certain third countries due to contamination risk by aflatoxins and repealing Regulation (EC) No 1152/2009 (OJ L 242, 14.8.2014, p. 4).

8

(9)  Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (OJ L 94, 31.3.2004, p. 63).

9

(10)  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 (OJ L 95, 7.4.2017, p. 1).

10

(11)  Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).

11

(12)  Commission Implementing Decision (EU) 2015/1506 of 8 September 2015 laying down specifications relating to formats of advanced electronic signatures and advanced seals to be recognised by public sector bodies pursuant to Articles 27(5) and 37(5) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market (OJ L 235, 9.9.2015, p. 37).

12

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ANNEX I

‘
  ANNEX VI

PART 1

Notes for guidance for the common veterinary entry document for products — model 2 (CVED-P2)

GENERAL

Part I is for completion by the declarant or person responsible for the load as defined in Article 2(2)(e) of Directive 97/78/EC.

Parts II and III is for completion by the official veterinarian or designated official agent (as in Decision 93/352/EEC).

The entries specified in this Part constitute the data dictionaries for the electronic version of the CVED-P2.

Paper copies of an electronic CVED-P2 must bear a unique machine-readable optical label which hyperlinks to the electronic version.

You must select one box from boxes I.20 to I.25 and boxes II.9 to II.16; for each box, you must select one option.

Where a box allows you to select one or more options, only the option(s) you select will be displayed in the electronic version of the CVED-P2.

Where a box is not compulsory, its contents will appear as strike-through text.

The sequences of boxes in the model of CVED-P2, the size and shape of those boxes are indicative.

Where a stamp is required, its electronic equivalent is an electronic seal.

| PART I – DESCRIPTION OF CONSIGNMENT |
| --- |
| Box | Description |
| I.1. | Consignor/Exporter |
| | Indicate the commercial organisation dispatching the consignment (in the third country). |
| I.2 | CVED reference |
| | This is the unique alpha-numeric code assigned by TRACES (repeated in boxes II.2 and III.2). |
| I.3 | Local reference |
| | Indicate the unique alpha-numeric code assigned by the competent authority. |
| I.4 | Border inspection post |
| | Select the name of the Border Inspection Post (BIP).
  In the case of a subsequent CVED for a non-conforming consignment, indicate the name of the TRACES unit in charge of supervising the free zone, free warehouse or customs warehouse where the consignment will be delivered and stored. |
| I.5 | Border inspection post code |
| | This is the unique alpha-numeric code assigned by TRACES to the BIP. |
| I.6 | Consignee/Importer |
| | Indicate the address of the person or commercial organisation given on the third-country certificate. If this not present on the certificate, the consignee in the relevant commercial documents may be used. |
| I.7 | Place of destination |
| | Indicate the delivery address in the Union. This applies to both conforming and non-conforming goods (see box I.19). |
| I.8 | Operator responsible for the load |
| | This is the person defined in Article 2(2)(e) of Directive 97/78/EC (also agent or declarant), who is in charge of the consignment when presented to the border inspection post and makes the necessary declarations to the competent authorities on behalf of the importer: give the name and address. |
| I.9 | Accompanying documents |
| | Veterinary certificate/document:
  Date of issue: The date on which the certificate/document was signed by the official veterinarian or the competent authority.
  Number: Give the unique official number of the certificate. For products from an approved or registered establishment or vessel, indicate the name and approval/registration number where appropriate. For embryos, ova or semen straws give an identity number of the approved collection team.
  Commercial document reference: the airway bill number, the bill of lading number or the commercial number of the train or road vehicle. |
| I.10 | Prior notification |
| | Give the estimated date and time on which the consignment is expected to arrive at the BIP. |
| I.11 | Country of origin |
| | This refers to where the final product was produced, manufactured or packaged. |
| I.12 | Not applicable |
| I.13 | Means of transport |
| | Give full details of the means of arrival transport: for aircraft the flight number, for vessels the ship name, for road vehicles the registration number plate with trailer number if appropriate, for railways the train identity and wagon number. |
| I.14 | Country of dispatch |
| | This refers to the third country where the consignment was placed aboard the means of final transport for the journey to the Union. |
| I.15 | Establishment of origin |
| | This box may be used to indicate the name and address (street, city and region/province/state, as appropriate), country and ISO country code of the establishment(s) of origin.
  Where applicable, indicate the registration or approval number. |
| I.16 | Transport conditions |
| | Select the appropriate transport temperature. |
| I.17 | Container number/Seal number |
| | Give all seal and container identification numbers where relevant.
  For official seal, indicate the official seal number as indicated in the official certificate and tick ‘official seal’ or indicate any other seal as mentioned in the accompanying documents. |
| I.18 | Certified as or for |
| | Tick the category for which the consignment is being presented: human consumption, feedstuff, pharmaceutical use, technical use or other. |
| I.19 | Conformity of the goods |
| | Tick ‘conforming’ for all products that will be presented for free circulation in the internal market including those that are acceptable but will be subjected to a channeling procedure and those that after receiving veterinary clearance as acceptable for free circulation, may be stored under customs control, and receive customs clearance at a later stage, either at the customs office on which the border inspection post is geographically dependent, or at another location.
  Tick ‘non-conforming’ for those products not meeting EU requirements and that are for free zones, free warehouses, customs warehouses, ship chandlers or ships or transit to a third country (see boxes 22 and 24). |
| I.20 | For transhipment to |
| | Tick this box where a consignment is not to be imported at this BIP but is to travel onward in another vessel or aircraft either for importation into the EU at a second and subsequent BIP in the EU/EEA, or for a third country destination.
  Indicate the name of the second and subsequent BIP and its unique alpha-numeric code assigned by TRACES or the name of the destination third country and ISO country code. |
| I.21 | Not applicable |
| I.22 | For transit to |
| | Tick this box for consignments that do not conform to EU requirements and are destined for a third country by movement across the relevant EU/EEA State by road, rail or waterway transport.
  Indicate the name of the BIP where the products are to leave the EU (exit BIP) and its unique alpha-numeric code assigned by TRACES.
  Indicate the name of the destination third country and ISO country code. |
| I.23 | For internal market |
| | Tick this box for consignments that are being presented for distribution in the single market.
  This also applies to those consignments that after receiving veterinary clearance as acceptable for free circulation, may be stored under customs control, and receive customs clearance at a later stage, either at the customs office on which the border inspection post is geographically dependent, or at another location. |
| I.24 | For non-conforming goods |
| | Select the type of destinations where the consignment will be delivered and stored under veterinary control: a free zone, a free warehouse, a customs warehouse or a ship supplier (chandler). |
| I.25 | For re-entry |
| | This refers to consignments of EU origin that have been refused acceptance or entry to a third country, and are being returned to the establishment of origin in the EU. |
| I.26 | Not applicable |
| I.27 | Means of transport after BIP |
| | Select the appropriate means of transport for goods subject to transhipment or re-entry and for non-conforming goods in transit (see guidance note in box I.13). |
| I.28 | Not applicable |
| | Not applicable. |
| I.29 | Not applicable |
| | Not applicable. |
| I.30 | Not applicable |
| I.31 | Description of consignment |
| | Indicate the species of animal, the treatment undergone by the products and the number and type of packages that comprise the load, e.g. 50 boxes of 2 kg, or the number of containers.
  Give as a minimum the first four digits of the relevant Combined Nomenclature (CN) code established pursuant to Council Regulation (EEC) No 2658/87 as last amended. These codes are also listed in Commission Decision 2007/275/EC (and are equivalent to the HS headings). In the case of fishery products only, where there is one certificate with one consignment having contents with more than one commodity code, the additional codes may be annotated onto the CVED as appropriate. |
| I.32 | Total number of packages |
| | Indicate the total number of packages in the consignment, where appropriate. |
| I.33 | Total quantity |
| | Indicate the total number of straws for semen, ova and embryos, where appropriate. |
| I.34 | Total net weight/total gross weight (kg) |
| | Net weight: weight of actual product in kg, excluding packaging. This is defined as the mass of the products themselves without immediate containers or any packaging.
  Gross weight: overall weight in kg. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging, but excluding transport containers and other transport equipment. |
| I.35 | Declaration |
| | The declaration must be signed by the natural person responsible for the consignment:
  I, the undersigned person responsible for the load detailed above, certify that to the best of my knowledge and belief the statements made in Part I of this document are true and complete, and I agree to comply with the requirements of Directive 97/78/EC, including payment for veterinary checks, for repossession of any consignment rejected after transit across the EU to a third country [Article 11(1)(c)] or costs of destruction if necessary. |

PART I – DESCRIPTION OF CONSIGNMENT

Box

Description

I.1.

Consignor/Exporter

Indicate the commercial organisation dispatching the consignment (in the third country).

I.2

CVED reference

This is the unique alpha-numeric code assigned by TRACES (repeated in boxes II.2 and III.2).

I.3

Local reference

Indicate the unique alpha-numeric code assigned by the competent authority.

I.4

Border inspection post

Select the name of the Border Inspection Post (BIP).

In the case of a subsequent CVED for a non-conforming consignment, indicate the name of the TRACES unit in charge of supervising the free zone, free warehouse or customs warehouse where the consignment will be delivered and stored.

I.5

Border inspection post code

This is the unique alpha-numeric code assigned by TRACES to the BIP.

I.6

Consignee/Importer

Indicate the address of the person or commercial organisation given on the third-country certificate. If this not present on the certificate, the consignee in the relevant commercial documents may be used.

I.7

Place of destination

Indicate the delivery address in the Union. This applies to both conforming and non-conforming goods (see box I.19).

I.8

Operator responsible for the load

This is the person defined in Article 2(2)(e) of Directive 97/78/EC (also agent or declarant), who is in charge of the consignment when presented to the border inspection post and makes the necessary declarations to the competent authorities on behalf of the importer: give the name and address.

I.9

Accompanying documents

Veterinary certificate/document:

Date of issue: The date on which the certificate/document was signed by the official veterinarian or the competent authority.

Number: Give the unique official number of the certificate. For products from an approved or registered establishment or vessel, indicate the name and approval/registration number where appropriate. For embryos, ova or semen straws give an identity number of the approved collection team.

Commercial document reference: the airway bill number, the bill of lading number or the commercial number of the train or road vehicle.

I.10

Prior notification

Give the estimated date and time on which the consignment is expected to arrive at the BIP.

I.11

Country of origin

This refers to where the final product was produced, manufactured or packaged.

I.12

Not applicable

I.13

Means of transport

Give full details of the means of arrival transport: for aircraft the flight number, for vessels the ship name, for road vehicles the registration number plate with trailer number if appropriate, for railways the train identity and wagon number.

I.14

Country of dispatch

This refers to the third country where the consignment was placed aboard the means of final transport for the journey to the Union.

I.15

Establishment of origin

This box may be used to indicate the name and address (street, city and region/province/state, as appropriate), country and ISO country code of the establishment(s) of origin.

Where applicable, indicate the registration or approval number.

I.16

Transport conditions

Select the appropriate transport temperature.

I.17

Container number/Seal number

Give all seal and container identification numbers where relevant.

For official seal, indicate the official seal number as indicated in the official certificate and tick ‘official seal’ or indicate any other seal as mentioned in the accompanying documents.

I.18

Certified as or for

Tick the category for which the consignment is being presented: human consumption, feedstuff, pharmaceutical use, technical use or other.

I.19

Conformity of the goods

Tick ‘conforming’ for all products that will be presented for free circulation in the internal market including those that are acceptable but will be subjected to a channeling procedure and those that after receiving veterinary clearance as acceptable for free circulation, may be stored under customs control, and receive customs clearance at a later stage, either at the customs office on which the border inspection post is geographically dependent, or at another location.

Tick ‘non-conforming’ for those products not meeting EU requirements and that are for free zones, free warehouses, customs warehouses, ship chandlers or ships or transit to a third country (see boxes 22 and 24).

I.20

For transhipment to

Tick this box where a consignment is not to be imported at this BIP but is to travel onward in another vessel or aircraft either for importation into the EU at a second and subsequent BIP in the EU/EEA, or for a third country destination.

Indicate the name of the second and subsequent BIP and its unique alpha-numeric code assigned by TRACES or the name of the destination third country and ISO country code.

I.21

Not applicable

I.22

For transit to

Tick this box for consignments that do not conform to EU requirements and are destined for a third country by movement across the relevant EU/EEA State by road, rail or waterway transport.

Indicate the name of the BIP where the products are to leave the EU (exit BIP) and its unique alpha-numeric code assigned by TRACES.

Indicate the name of the destination third country and ISO country code.

I.23

For internal market

Tick this box for consignments that are being presented for distribution in the single market.

This also applies to those consignments that after receiving veterinary clearance as acceptable for free circulation, may be stored under customs control, and receive customs clearance at a later stage, either at the customs office on which the border inspection post is geographically dependent, or at another location.

I.24

For non-conforming goods

Select the type of destinations where the consignment will be delivered and stored under veterinary control: a free zone, a free warehouse, a customs warehouse or a ship supplier (chandler).

I.25

For re-entry

This refers to consignments of EU origin that have been refused acceptance or entry to a third country, and are being returned to the establishment of origin in the EU.

I.26

Not applicable

I.27

Means of transport after BIP

Select the appropriate means of transport for goods subject to transhipment or re-entry and for non-conforming goods in transit (see guidance note in box I.13).

I.28

Not applicable

Not applicable.

I.29

Not applicable

Not applicable.

I.30

Not applicable

I.31

Description of consignment

Indicate the species of animal, the treatment undergone by the products and the number and type of packages that comprise the load, e.g. 50 boxes of 2 kg, or the number of containers.

Give as a minimum the first four digits of the relevant Combined Nomenclature (CN) code established pursuant to Council Regulation (EEC) No 2658/87 as last amended. These codes are also listed in Commission Decision 2007/275/EC (and are equivalent to the HS headings). In the case of fishery products only, where there is one certificate with one consignment having contents with more than one commodity code, the additional codes may be annotated onto the CVED as appropriate.

I.32

Total number of packages

Indicate the total number of packages in the consignment, where appropriate.

I.33

Total quantity

Indicate the total number of straws for semen, ova and embryos, where appropriate.

I.34

Total net weight/total gross weight (kg)

Net weight: weight of actual product in kg, excluding packaging. This is defined as the mass of the products themselves without immediate containers or any packaging.

Gross weight: overall weight in kg. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging, but excluding transport containers and other transport equipment.

I.35

Declaration

The declaration must be signed by the natural person responsible for the consignment:

I, the undersigned person responsible for the load detailed above, certify that to the best of my knowledge and belief the statements made in Part I of this document are true and complete, and I agree to comply with the requirements of Directive 97/78/EC, including payment for veterinary checks, for repossession of any consignment rejected after transit across the EU to a third country [Article 11(1)(c)] or costs of destruction if necessary.

| PART II – CONTROLS |
| --- |
| Box | Description |
| II.1. | Previous CVED |
| | This is the unique alpha-numeric code assigned by TRACES for the CVED used before transhipment. |
| II.2 | CVED reference |
| | This is the unique alpha-numeric code indicated in box I.2. |
| II.3 | Documentary check |
| | To be completed for all consignments. |
| II.4 | Identity check |
| | Tick ‘seal check’ where containers are not opened and the seal is only checked according to Article 4(4)(a)(i) of Directive 97/78/EC.
  Tick ‘no’ where goods are transhipped from one BIP to another BIP. |
| II.5 | Physical check |
| | ‘Reduced checks’ refers to the regime laid down in Commission Decision 94/360/EEC where the consignment has not been selected for a physical check but is considered checked satisfactorily with documentary and identity check only.
  ‘Other’ refers to reimport procedure, channeled goods, transhipment, transit or Article 12 and 13 procedures. These destinations can be deduced from other boxes. |
| II.6 | Laboratory test |
| | Select the category of substance or pathogen for which an investigation procedure is undertaken.
  ‘Random’ indicates sampling where the consignment is not detained pending a result, in which case the competent authority of destination must be notified in TRACES (see Article 8 of Directive 97/78/EC). ‘Suspicion’ includes cases where the consignment has been detained pending a favourable result, or tested because of a previous notification from the rapid alert system for food and feed (RASFF), or tested because of a safeguard measure in operation. |
| II.7 | Not applicable |
| II.8 | Not applicable |
| II.9 | Acceptable for transshipment |
| | Tick this box where a consignment is not to be imported at this border inspection post but is to travel onward in another vessel or aircraft either for importation into the EU at a second and subsequent BIP in the EU/EEA, or for a third-country destination (See Article 9 of Directive 97/78/EC and Commission Implementing Decision 2011/215/EU) (1). |
| II.10 | Not applicable |
| II.11 | Acceptable for transit |
| | Tick this box when it is acceptable to send consignments that do not conform to EU requirements to a third country across the relevant EU/EEA State by road, rail or waterway transport. This must be carried out under veterinary control in accordance with the requirements of Article 11 of Directive 97/78/EC and Decision 2000/208/EC. |
| II.12 | Acceptable for internal market |
| | This box is to be used for all consignments approved for free circulation within the single market.
  It should also be used for consignments that meet EU requirements but for financial reasons are not being customs cleared immediately at the border inspection post, but are being stored under customs control in a customs warehouse or will be customs cleared later and/or at a geographically separate destination. |
| II.13 | Acceptable for monitoring |
| | For use where consignments are accepted but must be channeled to a specific destination laid down in Articles 8 or 15 of Directive 97/78/EC. |
| II.14 | Acceptable as non-conforming goods |
| | Use for all non-conforming consignments destined to be moved to or stored in warehouses approved in accordance with Article 12(4) or to operators authorised pursuant to Article 13 of Directive 97/78/EC. |
| II.15 | Not applicable |
| II.16 | Not acceptable |
| | Indicate clearly, when import is refused, the subsequent process to be carried out.
  Give the date for completion of the action proposed.
  The address of the establishment of destination should be entered in box II.18. |
| II.17 | Reason for refusal |
| | Tick the appropriate box. |
| II.18 | Details of controlled destinations |
| | Give, as appropriate, approval number and address (or ship name and port) for all destinations where further veterinary control of the consignment is required. |
| II.19 | Consignment resealed |
| | Use this box when the original seal recorded on a consignment is destroyed on opening the container. A consolidated list of all seals that have been used for this purpose must be kept. |
| II.20 | Identification of BIP |
| | Apply the official stamp of the BIP or the competent authority in the case of non-conforming consignments. |
| II.21 | Certifying officer |
| | Signature of the veterinarian or in case of ports handling fish only, of the designated official agent as laid down in Decision 93/352/EEC:
  I the undersigned official veterinarian, or designated official agent, certify that the veterinary checks on this consignment have been carried out in accordance with EU requirements. |
| II.22 | Inspection fees |
| | For internal purposes. |
| II.23 | Customs document reference |
| | For use by customs services if necessary. |
| II.24 | Subsequent CVED |
| | Indicate the unique alphanumeric code assigned by TRACES for the CVED used to document the checks after transhipment. |

PART II – CONTROLS

Box

Description

II.1.

Previous CVED

This is the unique alpha-numeric code assigned by TRACES for the CVED used before transhipment.

II.2

CVED reference

This is the unique alpha-numeric code indicated in box I.2.

II.3

Documentary check

To be completed for all consignments.

II.4

Identity check

Tick ‘seal check’ where containers are not opened and the seal is only checked according to Article 4(4)(a)(i) of Directive 97/78/EC.

Tick ‘no’ where goods are transhipped from one BIP to another BIP.

II.5

Physical check

‘Reduced checks’ refers to the regime laid down in Commission Decision 94/360/EEC where the consignment has not been selected for a physical check but is considered checked satisfactorily with documentary and identity check only.

‘Other’ refers to reimport procedure, channeled goods, transhipment, transit or Article 12 and 13 procedures. These destinations can be deduced from other boxes.

II.6

Laboratory test

Select the category of substance or pathogen for which an investigation procedure is undertaken.

‘Random’ indicates sampling where the consignment is not detained pending a result, in which case the competent authority of destination must be notified in TRACES (see Article 8 of Directive 97/78/EC). ‘Suspicion’ includes cases where the consignment has been detained pending a favourable result, or tested because of a previous notification from the rapid alert system for food and feed (RASFF), or tested because of a safeguard measure in operation.

II.7

Not applicable

II.8

Not applicable

II.9

Acceptable for transshipment

Tick this box where a consignment is not to be imported at this border inspection post but is to travel onward in another vessel or aircraft either for importation into the EU at a second and subsequent BIP in the EU/EEA, or for a third-country destination (See Article 9 of Directive 97/78/EC and Commission Implementing Decision 2011/215/EU) (1).

II.10

Not applicable

II.11

Acceptable for transit

Tick this box when it is acceptable to send consignments that do not conform to EU requirements to a third country across the relevant EU/EEA State by road, rail or waterway transport. This must be carried out under veterinary control in accordance with the requirements of Article 11 of Directive 97/78/EC and Decision 2000/208/EC.

II.12

Acceptable for internal market

This box is to be used for all consignments approved for free circulation within the single market.

It should also be used for consignments that meet EU requirements but for financial reasons are not being customs cleared immediately at the border inspection post, but are being stored under customs control in a customs warehouse or will be customs cleared later and/or at a geographically separate destination.

II.13

Acceptable for monitoring

For use where consignments are accepted but must be channeled to a specific destination laid down in Articles 8 or 15 of Directive 97/78/EC.

II.14

Acceptable as non-conforming goods

Use for all non-conforming consignments destined to be moved to or stored in warehouses approved in accordance with Article 12(4) or to operators authorised pursuant to Article 13 of Directive 97/78/EC.

II.15

Not applicable

II.16

Not acceptable

Indicate clearly, when import is refused, the subsequent process to be carried out.

Give the date for completion of the action proposed.

The address of the establishment of destination should be entered in box II.18.

II.17

Reason for refusal

Tick the appropriate box.

II.18

Details of controlled destinations

Give, as appropriate, approval number and address (or ship name and port) for all destinations where further veterinary control of the consignment is required.

II.19

Consignment resealed

Use this box when the original seal recorded on a consignment is destroyed on opening the container. A consolidated list of all seals that have been used for this purpose must be kept.

II.20

Identification of BIP

Apply the official stamp of the BIP or the competent authority in the case of non-conforming consignments.

II.21

Certifying officer

Signature of the veterinarian or in case of ports handling fish only, of the designated official agent as laid down in Decision 93/352/EEC:

I the undersigned official veterinarian, or designated official agent, certify that the veterinary checks on this consignment have been carried out in accordance with EU requirements.

II.22

Inspection fees

For internal purposes.

II.23

Customs document reference

For use by customs services if necessary.

II.24

Subsequent CVED

Indicate the unique alphanumeric code assigned by TRACES for the CVED used to document the checks after transhipment.

| PART III – FOLLOW-UP |
| --- |
| Box | Description |
| III.1 | Previous CVED |
| This is the unique alpha-numeric code indicated in box II.1. |
| III.2 | CVED reference |
| This is the unique alpha-numeric code indicated in box I.2. |
| III.3 | Subsequent CVED |
| Indicate the alphanumeric code of one or more CVEDs indicated in box II.24. |
| III.4 | Details on re-dispatch |
| Indicate the means of transport used, its identification details, the name of the BIP of exit, the country of destination and the date of re- dispatch, as soon as they are known. |
| III.5 | Follow-up by |
| Indicate, as appropriate, the authority in charge of certifying the reception and compliance of the consignment covered by the CVED. |
| III.6 | Certifying officer |
| This refers to the signature of the responsible official in the case of re-dispatch and follow-up of the consignments. |

PART III – FOLLOW-UP

Box

Description

III.1

Previous CVED

This is the unique alpha-numeric code indicated in box II.1.

III.2

CVED reference

This is the unique alpha-numeric code indicated in box I.2.

III.3

Subsequent CVED

Indicate the alphanumeric code of one or more CVEDs indicated in box II.24.

III.4

Details on re-dispatch

Indicate the means of transport used, its identification details, the name of the BIP of exit, the country of destination and the date of re- dispatch, as soon as they are known.

III.5

Follow-up by

Indicate, as appropriate, the authority in charge of certifying the reception and compliance of the consignment covered by the CVED.

III.6

Certifying officer

This refers to the signature of the responsible official in the case of re-dispatch and follow-up of the consignments.

PART 2

Model for the CVED-P2

Image 1

Image 2

Image 3

Image 4

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(1)  Commission Implementing Decision of 4 April 2011 implementing Council Directive 97/78/EC as regards transhipment at the border inspection post of introduction of consignments of products intended for import into the Union or for third countries (OJ L 90, 6.4.2011, p. 50).

1

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ANNEX II

‘
  ANNEX III

PART 1

Notes for guidance for the common veterinary entry document for animals — model 2 (CVED-A2)

GENERAL

The entries specified in Part I constitute the data dictionaries for the electronic version of the CVED-A2.

Paper copies of an electronic CVED-A2 must bear a unique machine-readable optical label which hyperlinks to the electronic version.

You must select one box from boxes I.20 to I.26 and boxes II.9 to II.16; for each box, you must select one option.

Where a box allows you to select one or more options, only the option(s) you select will be displayed in the electronic version of the CVED-A2.

Where a box is not compulsory, its contents will appear as strike-through text.

The sequences of boxes in the model of CVED-A2, the size and shape of those boxes are indicative.

Where a stamp is required, its electronic equivalent is an electronic seal.

| PART I – DESCRIPTION OF CONSIGNMENT |
| --- |
| Box | Description |
| I.1. | Consignor/Exporter |
| | Indicate the commercial organization dispatching the consignment (in the third country). |
| I.2 | CVED reference |
| | This is the unique alpha-numeric code assigned by TRACES (repeated in boxes II.2 and III.2). |
| I.3 | Local reference |
| | Indicate the unique alpha-numeric code assigned by the competent authority. |
| I.4 | Border inspection post |
| | Select the name of the Border Inspection Post (BIP). |
| I.5 | Border inspection post code |
| | This is the unique alpha-numeric code assigned by TRACES to the BIP (published in the Official Journal). |
| I.6 | Consignee/Importer |
| | Indicate the address of the person or commercial organisation given on the third-country certificate. All these details are compulsory. |
| I.7 | Place of destination |
| | Place to where the animals are being taken for final unloading (not counting control posts) and kept in accordance with the current rules.
  Give the name, country, address and post code.
  The place of destination may be the same as the location of the consignee. |
| I.8 | Operator responsible for the load |
| | This is the person (including agent or declarant) who is in charge of the consignment when presented to the border inspection post and who makes the necessary declarations to the competent authorities on behalf of the importer: give the name and address.
  This person is required to notify the BIP in accordance with Article 3(1)(a) of Directive 91/496/EEC.
  The person responsible for the load and the consignee may be the same person. |
| I.9 | Accompanying documents |
| | Number: give the unique official number of the certificate.
  Date of issue: this is the date on which the certificate/document was signed by the official veterinarian or the competent authority.
  Accompanying documents: this mainly concerns certain types of horses (horse passport), zootechnical documents or CITES permits.
  Commercial document reference: the airway bill number, the bill of lading number or the commercial number of the train or road vehicle. |
| I.10 | Prior notification |
| | Give the date and time when consignments are expected to arrive at the BIP.
  Importers or their representatives are required (pursuant to Article 3(1)(a) of Directive 91/496/EEC) to give one working day’s notice to the veterinary staff of the BIP where the animals are to be presented, specifying the number, nature and expected time of arrival of the animals. |
| I.11 | Country of origin |
| | This means the country in which the animals spent the requisite period (three months in the case of cattle, pigs, sheep, goats and equidae intended for slaughter; breeding, store or registered equidae, and poultry; six months in the case of breeding and store cattle and pigs; sheep and goats for breeding, store or fattening).
  For horses re-entering, this means the country from which they were last consigned |
| I.12 | Region of origin |
| | Region in which the animals spent the same period as specified for the country: this is a requirement only for those countries which are divided into regions and for which imports are authorised only from one or more parts of the country concerned. The regional codes are given in the relevant rules. |
| I.13 | Means of transport |
| | Give details of the means of transport to the BIP:
  The mode of transport (air, maritime, rail, road).
  Identification of the means of transport: for transport by air, the flight number; for maritime transport, the name of the vessel; for rail transport, the number of the train and the wagon and for road transport, the registration number of the road vehicle and the number of the trailer where used. |
| I.14 | Not applicable |
| I.15 | Establishment of origin |
| | This box may be used to indicate the name and address (street, city and region/province/state, as appropriate), country and ISO country code of the establishment(s) of origin.
  Where applicable, indicate the registration or approval number. |
| I.16 | Not applicable |
| I.17 | Container number/Seal number |
| | Give all seal and container identification numbers where relevant.
  For official seal, indicate the official seal number as indicated in the official certificate and tick ‘official seal’ or indicate any other seal as mentioned in the accompanying documents. |
| I.18 | Certified as or for |
| | Give the information as indicated on the certificate in accordance with the rules laid down.
  ‘Body approved pursuant to Directive 92/65/EEC’ means an officially recognised body, institute or centre. ‘Quarantine’ refers to Regulation (EU) No 139/2013 (1) for certain birds and Directive 92/65/EC for birds, cats and dogs. ‘Relaying’ applies to molluscs. ‘Other’ means for purposes not listed elsewhere in this classification. |
| I.19 | Not applicable |
| I.20 | For transshipment |
| | Use this box, in accordance with Article 4(3) of Directive 91/496/EEC, where a consignment is not to be imported at this BIP and the animals are continuing their journey by sea or by air on the same vessel or the same aircraft, to another BIP for import into the European Union or the European Economic Area. Indicate the assigned TRACES unit number – see box I.5.
  This box may also be used where animals arrive in the EU/EEA from a third country on their way to another third country on board the same aircraft or maritime vessel. |
| I.21 | Not applicable |
| I.22 | For transit to |
| | This means transit through EU/EEA of animals from a third country and destined for another third country in accordance with Article 9 of Directive 91/496/EEC. Give the ISO code of the third country of destination.
  Exit BIP: name of the BIP where the animals are to leave the EU. |
| I.23 | For internal market |
| | Tick this box where consignments are intended to be placed on the Union market. |
| I.24 | Not applicable |
| I.25 | For re-entry |
| | Re-entry applies only to registered horses for racing, competition and cultural events after temporary export (Regulation (EU) 2018/659) (2). |
| I.26 | For temporary admission |
| | Temporary admission applies only to registered horses. Indicate the point and date of exit (this must be less than 90 days after admission). |
| I.27 | Means of transport after BIP |
| | State the mode of transport to be used after the consignment has passed through the BIP and give details (see guidance note in box I.13).
  ‘Other’ means modes of transport not covered by Regulation (EC) No 1/2005 (3) which deals with the welfare of animals during transport. |
| I.28 | Transporter |
| | In accordance with animal welfare rules, give the transporter’s approval number and in the case of air transport, please ensure that the company is a member of IATA. |
| I.29 | Date of departure |
| | This box may be used to indicate the estimated date and time of departure from the BIP. |
| I.30 | Journey log |
| | State where a route plan is presented to accompany the animals in accordance with the requirements of Regulation (EC) No 1/2005. |
| I.31 | Description of consignment |
| | Species: state the species of animal by giving the common name and breed where appropriate.
  For non-domestic animals (in particular those destined for zoos, exhibitions or research institutes) give the scientific name. |
| I.32 | Total number of packages |
| | Give the number of boxes, cages or stalls in which the animals are being transported. |
| I.33 | Total quantity |
| | Give the number or weight in kg as stated on the veterinary certificate or other documents |
| I.34 | Total net weight/total gross weight (kg) |
| | This box may be used to:
  Indicate the total net weight (i.e. the mass of the animals themselves, without immediate containers or any packaging);
  Indicate the total gross weight (i.e. the aggregate mass of the animals, plus immediate containers and all packaging, but excluding transport containers and other transport equipment). |
| I.35 | Declaration |
| | I, the undersigned person responsible for the load detailed above, certify that to the best of my knowledge and belief the statements made in Part I of this document are true and complete and I agree to comply with the legal requirements of Directive 91/496/EEC, including payment for veterinary checks, as well as for redispatching consignments, for quarantine or isolation of animals, or costs of euthanasia and disposal if necessary.
  This commits the signatory also to accepting back consignments in transit that are refused entry by a third country. |

PART I – DESCRIPTION OF CONSIGNMENT

Box

Description

I.1.

Consignor/Exporter

Indicate the commercial organization dispatching the consignment (in the third country).

I.2

CVED reference

This is the unique alpha-numeric code assigned by TRACES (repeated in boxes II.2 and III.2).

I.3

Local reference

Indicate the unique alpha-numeric code assigned by the competent authority.

I.4

Border inspection post

Select the name of the Border Inspection Post (BIP).

I.5

Border inspection post code

This is the unique alpha-numeric code assigned by TRACES to the BIP (published in the Official Journal).

I.6

Consignee/Importer

Indicate the address of the person or commercial organisation given on the third-country certificate. All these details are compulsory.

I.7

Place of destination

Place to where the animals are being taken for final unloading (not counting control posts) and kept in accordance with the current rules.

Give the name, country, address and post code.

The place of destination may be the same as the location of the consignee.

I.8

Operator responsible for the load

This is the person (including agent or declarant) who is in charge of the consignment when presented to the border inspection post and who makes the necessary declarations to the competent authorities on behalf of the importer: give the name and address.

This person is required to notify the BIP in accordance with Article 3(1)(a) of Directive 91/496/EEC.

The person responsible for the load and the consignee may be the same person.

I.9

Accompanying documents

Number: give the unique official number of the certificate.

Date of issue: this is the date on which the certificate/document was signed by the official veterinarian or the competent authority.

Accompanying documents: this mainly concerns certain types of horses (horse passport), zootechnical documents or CITES permits.

Commercial document reference: the airway bill number, the bill of lading number or the commercial number of the train or road vehicle.

I.10

Prior notification

Give the date and time when consignments are expected to arrive at the BIP.

Importers or their representatives are required (pursuant to Article 3(1)(a) of Directive 91/496/EEC) to give one working day’s notice to the veterinary staff of the BIP where the animals are to be presented, specifying the number, nature and expected time of arrival of the animals.

I.11

Country of origin

This means the country in which the animals spent the requisite period (three months in the case of cattle, pigs, sheep, goats and equidae intended for slaughter; breeding, store or registered equidae, and poultry; six months in the case of breeding and store cattle and pigs; sheep and goats for breeding, store or fattening).

For horses re-entering, this means the country from which they were last consigned

I.12

Region of origin

Region in which the animals spent the same period as specified for the country: this is a requirement only for those countries which are divided into regions and for which imports are authorised only from one or more parts of the country concerned. The regional codes are given in the relevant rules.

I.13

Means of transport

Give details of the means of transport to the BIP:

The mode of transport (air, maritime, rail, road).

Identification of the means of transport: for transport by air, the flight number; for maritime transport, the name of the vessel; for rail transport, the number of the train and the wagon and for road transport, the registration number of the road vehicle and the number of the trailer where used.

I.14

Not applicable

I.15

Establishment of origin

This box may be used to indicate the name and address (street, city and region/province/state, as appropriate), country and ISO country code of the establishment(s) of origin.

Where applicable, indicate the registration or approval number.

I.16

Not applicable

I.17

Container number/Seal number

Give all seal and container identification numbers where relevant.

For official seal, indicate the official seal number as indicated in the official certificate and tick ‘official seal’ or indicate any other seal as mentioned in the accompanying documents.

I.18

Certified as or for

Give the information as indicated on the certificate in accordance with the rules laid down.

‘Body approved pursuant to Directive 92/65/EEC’ means an officially recognised body, institute or centre. ‘Quarantine’ refers to Regulation (EU) No 139/2013 (1) for certain birds and Directive 92/65/EC for birds, cats and dogs. ‘Relaying’ applies to molluscs. ‘Other’ means for purposes not listed elsewhere in this classification.

I.19

Not applicable

I.20

For transshipment

Use this box, in accordance with Article 4(3) of Directive 91/496/EEC, where a consignment is not to be imported at this BIP and the animals are continuing their journey by sea or by air on the same vessel or the same aircraft, to another BIP for import into the European Union or the European Economic Area. Indicate the assigned TRACES unit number – see box I.5.

This box may also be used where animals arrive in the EU/EEA from a third country on their way to another third country on board the same aircraft or maritime vessel.

I.21

Not applicable

I.22

For transit to

This means transit through EU/EEA of animals from a third country and destined for another third country in accordance with Article 9 of Directive 91/496/EEC. Give the ISO code of the third country of destination.

Exit BIP: name of the BIP where the animals are to leave the EU.

I.23

For internal market

Tick this box where consignments are intended to be placed on the Union market.

I.24

Not applicable

I.25

For re-entry

Re-entry applies only to registered horses for racing, competition and cultural events after temporary export (Regulation (EU) 2018/659) (2).

I.26

For temporary admission

Temporary admission applies only to registered horses. Indicate the point and date of exit (this must be less than 90 days after admission).

I.27

Means of transport after BIP

State the mode of transport to be used after the consignment has passed through the BIP and give details (see guidance note in box I.13).

‘Other’ means modes of transport not covered by Regulation (EC) No 1/2005 (3) which deals with the welfare of animals during transport.

I.28

Transporter

In accordance with animal welfare rules, give the transporter’s approval number and in the case of air transport, please ensure that the company is a member of IATA.

I.29

Date of departure

This box may be used to indicate the estimated date and time of departure from the BIP.

I.30

Journey log

State where a route plan is presented to accompany the animals in accordance with the requirements of Regulation (EC) No 1/2005.

I.31

Description of consignment

Species: state the species of animal by giving the common name and breed where appropriate.

For non-domestic animals (in particular those destined for zoos, exhibitions or research institutes) give the scientific name.

I.32

Total number of packages

Give the number of boxes, cages or stalls in which the animals are being transported.

I.33

Total quantity

Give the number or weight in kg as stated on the veterinary certificate or other documents

I.34

Total net weight/total gross weight (kg)

This box may be used to:

Indicate the total net weight (i.e. the mass of the animals themselves, without immediate containers or any packaging);

Indicate the total gross weight (i.e. the aggregate mass of the animals, plus immediate containers and all packaging, but excluding transport containers and other transport equipment).

I.35

Declaration

I, the undersigned person responsible for the load detailed above, certify that to the best of my knowledge and belief the statements made in Part I of this document are true and complete and I agree to comply with the legal requirements of Directive 91/496/EEC, including payment for veterinary checks, as well as for redispatching consignments, for quarantine or isolation of animals, or costs of euthanasia and disposal if necessary.

This commits the signatory also to accepting back consignments in transit that are refused entry by a third country.

| PART II – CONTROLS |
| --- |
| Box | Description |
| II.1. | Previous CVED |
| | This is the unique alpha-numeric code assigned by TRACES to the CVED used where a consignment is split or in the case of transhipment (where official controls are performed), replacement or, cancellation. |
| II.2 | CVED reference |
| | This is the unique alpha-numeric code indicated in Box I.2. |
| II.3 | Documentary check |
| | To be completed for all consignments. This also includes checking compliance with national requirements regardless of the final destination. The documentation required for this check will be provided by the importer or the importer’s representative. |
| II.4 | Identity check |
| | Compare with the original certificates and documents.
  Derogation: tick this box where animals are being transshipped from one BIP to another and will not have undergone an identity check pursuant to Article 4(3) of Directive 91/496/EEC. |
| II.5 | Physical check |
| | This includes the outcome of the clinical examination, and the mortality and morbidity of the animals.
  Derogation: tick this box where animals are being transshipped from one BIP to another and will not have undergone a physical check pursuant to Article 4(3) of Directive 91/496/EEC This box must also be used for species of animal not listed in Annex A to Directive 90/425/EEC imported at a BIP of a Member State which is not the final destination and for which the physical checks must be carried out at the place of final destination in accordance with Article 8(A)(1)(b)(ii) of Directive 91/496/EEC. |
| II.6 | Laboratory test |
| | Tested for: state the category of substance or pathogen for which an investigation procedure is undertaken.
  ‘On a random basis’ indicates monthly sampling pursuant to Decision 97/794/EC.
  ‘Based on suspicions’ includes cases where animals are suspected of having a disease or show signs of disease or are tested under safeguard clauses in force.
  Pending: tick if the animals have not been dispatched pending results |
| II.7 | Welfare check |
| | Describe the transport conditions and the welfare status of the animals on arrival.
  Derogation: tick this box where animals are being transshipped from one BIP to another and will not have undergone a welfare check. |
| II.8 | Impact of the transport on animals |
| | State how many animals have died, how many are unfit to travel and how many females gave birth or miscarried during transport. In the case of animals consigned in large numbers (day-old chicks, fish, molluscs, etc.) give an estimate of the number of dead or unfit animals as appropriate. |
| II.9 | Acceptable for transhipment |
| | Complete where relevant to indicate acceptability for transshipment as defined in box. I.20. |
| II.10 | Not applicable |
| II.11 | Acceptable for transit |
| | Complete by indicating transit Member States in accordance with the route plan where appropriate |
| II.12 | Acceptable for internal market |
| | Complete as appropriate if the animals are being sent to a controlled destination (slaughterhouse, officially approved body or quarantine as defined in box I.18) authorised for import on special conditions. |
| II.13 | Not applicable |
| II.14 | Not applicable |
| II.15 | Acceptable for temporary admission |
| | This box applies only for registered horses. They are authorised to remain on EU/EEA territory only until the date specified in box I.26, which cannot be more than 90 days. |
| II.16 | Not acceptable |
| | Use this box for consignments which do not meet EU requirements or which are suspect.
  Where import is refused, indicate clearly the procedure to be followed. ‘Slaughter’ means that the meat from the animals could go for human consumption if passed on inspection. ‘Euthanasia’ means destruction or elimination of the animals and their meat cannot be allowed to go for human consumption. |
| II.17 | Reason for refusal |
| | Complete as appropriate to add relevant information. Tick the appropriate box.
  ‘Absence of/invalid certificate’ refers to import licenses or transit documents required by third countries or Member States. |
| II.18 | Details of controlled destinations |
| | Give the approval number and address including postcode for all destinations where an additional veterinary check is required. This applies to boxes II.9, II.11, II.12 and II.15. For box II.15 only give the address of the first establishment. For sensitive bodies which must remain anonymous, give the number assigned to them but no address. |
| II.19 | Consignment resealed |
| | Use this box when the original seal recorded on a consignment is destroyed on opening the container. A consolidated list of all seals that have been used for this purpose should be kept. |
| II.20 | Identification of BIP |
| | Official stamp of the BIP or competent authority |
| II.21 | Certifying officer |
| | Name and signature of the official veterinarian, and date |
| II.22 | Inspection fees |
| | For internal purposes. |
| II.23 | Customs document reference |
| | For use by customs services to add relevant information (e.g. the number of the T1 or T5 customs certificate) where consignments remain under customs controls for a period. This information is normally added after signature by the veterinarian. |
| II.24 | Subsequent CVED |
| | Indicate the alphanumeric code of one or more daughter CVEDs. |

PART II – CONTROLS

Box

Description

II.1.

Previous CVED

This is the unique alpha-numeric code assigned by TRACES to the CVED used where a consignment is split or in the case of transhipment (where official controls are performed), replacement or, cancellation.

II.2

CVED reference

This is the unique alpha-numeric code indicated in Box I.2.

II.3

Documentary check

To be completed for all consignments. This also includes checking compliance with national requirements regardless of the final destination. The documentation required for this check will be provided by the importer or the importer’s representative.

II.4

Identity check

Compare with the original certificates and documents.

Derogation: tick this box where animals are being transshipped from one BIP to another and will not have undergone an identity check pursuant to Article 4(3) of Directive 91/496/EEC.

II.5

Physical check

This includes the outcome of the clinical examination, and the mortality and morbidity of the animals.

Derogation: tick this box where animals are being transshipped from one BIP to another and will not have undergone a physical check pursuant to Article 4(3) of Directive 91/496/EEC This box must also be used for species of animal not listed in Annex A to Directive 90/425/EEC imported at a BIP of a Member State which is not the final destination and for which the physical checks must be carried out at the place of final destination in accordance with Article 8(A)(1)(b)(ii) of Directive 91/496/EEC.

II.6

Laboratory test

Tested for: state the category of substance or pathogen for which an investigation procedure is undertaken.

‘On a random basis’ indicates monthly sampling pursuant to Decision 97/794/EC.

‘Based on suspicions’ includes cases where animals are suspected of having a disease or show signs of disease or are tested under safeguard clauses in force.

Pending: tick if the animals have not been dispatched pending results

II.7

Welfare check

Describe the transport conditions and the welfare status of the animals on arrival.

Derogation: tick this box where animals are being transshipped from one BIP to another and will not have undergone a welfare check.

II.8

Impact of the transport on animals

State how many animals have died, how many are unfit to travel and how many females gave birth or miscarried during transport. In the case of animals consigned in large numbers (day-old chicks, fish, molluscs, etc.) give an estimate of the number of dead or unfit animals as appropriate.

II.9

Acceptable for transhipment

Complete where relevant to indicate acceptability for transshipment as defined in box. I.20.

II.10

Not applicable

II.11

Acceptable for transit

Complete by indicating transit Member States in accordance with the route plan where appropriate

II.12

Acceptable for internal market

Complete as appropriate if the animals are being sent to a controlled destination (slaughterhouse, officially approved body or quarantine as defined in box I.18) authorised for import on special conditions.

II.13

Not applicable

II.14

Not applicable

II.15

Acceptable for temporary admission

This box applies only for registered horses. They are authorised to remain on EU/EEA territory only until the date specified in box I.26, which cannot be more than 90 days.

II.16

Not acceptable

Use this box for consignments which do not meet EU requirements or which are suspect.

Where import is refused, indicate clearly the procedure to be followed. ‘Slaughter’ means that the meat from the animals could go for human consumption if passed on inspection. ‘Euthanasia’ means destruction or elimination of the animals and their meat cannot be allowed to go for human consumption.

II.17

Reason for refusal

Complete as appropriate to add relevant information. Tick the appropriate box.

‘Absence of/invalid certificate’ refers to import licenses or transit documents required by third countries or Member States.

II.18

Details of controlled destinations

Give the approval number and address including postcode for all destinations where an additional veterinary check is required. This applies to boxes II.9, II.11, II.12 and II.15. For box II.15 only give the address of the first establishment. For sensitive bodies which must remain anonymous, give the number assigned to them but no address.

II.19

Consignment resealed

Use this box when the original seal recorded on a consignment is destroyed on opening the container. A consolidated list of all seals that have been used for this purpose should be kept.

II.20

Identification of BIP

Official stamp of the BIP or competent authority

II.21

Certifying officer

Name and signature of the official veterinarian, and date

II.22

Inspection fees

For internal purposes.

II.23

Customs document reference

For use by customs services to add relevant information (e.g. the number of the T1 or T5 customs certificate) where consignments remain under customs controls for a period. This information is normally added after signature by the veterinarian.

II.24

Subsequent CVED

Indicate the alphanumeric code of one or more daughter CVEDs.

| PART III – FOLLOW-UP |
| --- |
| Box | Description |
| III.1 | Previous CVED |
| This is the unique alpha-numeric code indicated in box II.1. |
| III.2 | CVED reference |
| This is the unique alpha-numeric code indicated in box I.2. |
| III.3 | Subsequent CVED |
| Indicate the alphanumeric code of one or more CVEDs indicated in box II.24. |
| III.4 | Details on re-dispatch |
| Indicate the means of transport used and its identification, the country and the ISO country code.
  Indicate the date of re-dispatch and the name of the exit BIP, as soon as this information is known. |
| III.5 | Follow-up by |
| Indicate the authority in charge of certifying the reception and compliance of the consignment covered by the CVED: the exit BIP, the final destination BIP or the control unit.
  Indicate the further destination and/or reasons for non-compliance or for changing the animals’ status (e.g. invalid destination, missing or invalid certificate, document mismatch, missing or invalid identification, unsatisfactory tests, suspected animal(s), dead animal(s), lost animal(s) or conversion into permanent entry). |
| III.6 | Certifying officer |
| This refers to the signature of the certifying officer of the competent authority in the case of re-dispatch and follow-up of the consignments. |

PART III – FOLLOW-UP

Box

Description

III.1

Previous CVED

This is the unique alpha-numeric code indicated in box II.1.

III.2

CVED reference

This is the unique alpha-numeric code indicated in box I.2.

III.3

Subsequent CVED

Indicate the alphanumeric code of one or more CVEDs indicated in box II.24.

III.4

Details on re-dispatch

Indicate the means of transport used and its identification, the country and the ISO country code.

Indicate the date of re-dispatch and the name of the exit BIP, as soon as this information is known.

III.5

Follow-up by

Indicate the authority in charge of certifying the reception and compliance of the consignment covered by the CVED: the exit BIP, the final destination BIP or the control unit.

Indicate the further destination and/or reasons for non-compliance or for changing the animals’ status (e.g. invalid destination, missing or invalid certificate, document mismatch, missing or invalid identification, unsatisfactory tests, suspected animal(s), dead animal(s), lost animal(s) or conversion into permanent entry).

III.6

Certifying officer

This refers to the signature of the certifying officer of the competent authority in the case of re-dispatch and follow-up of the consignments.

PART 2

Model for the CVED-A2

Image 5


  Image 6


  Image 7


  Image 8


  Image 9

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(1)  Commission Implementing Regulation (EU) No 139/2013 of 7 January 2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof (OJ L 47, 20.2.2013, p. 1).

1

(2)  Commission Implementing Regulation (EU) 2018/659 of 12 April 2018 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae (OJ L 110, 30.4.2018, p. 1).

2

(3)  Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005, p. 1).

3

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ANNEX III

‘
  ANNEX III

PART 1

Notes for guidance for the common entry document — model 2 (CED2)

GENERAL

Part I is to be completed by the feed and food business operator or their representative, unless otherwise indicated.

Parts II and III are to be completed by the competent authority.

The entries specified in this Part constitute the data dictionaries for the electronic version of the CED2.

Paper copies of an electronic CED2 must bear a unique machine-readable optical label which hyperlinks to the electronic version.

Where a box allows you to select one or more options, only the option(s) you select will be displayed in the electronic version of the CED2.

Where a box is not compulsory, its contents will appear as strike-through text.

The sequences of boxes in the model of CED2, the size and shape of those boxes are indicative.

Where a stamp is required, its electronic equivalent is an electronic seal.

| PART I – DESCRIPTION OF CONSIGNMENT |
| --- |
| Box | Description |
| I.1. | Consignor/Exporter |
| | Indicate the name and full address of the natural or legal person (feed and food business operator) dispatching the consignment. Information concerning telephone and fax numbers or an email address is recommended. |
| I.2 | CED reference |
| | This is the unique alpha-numeric code assigned by TRACES (repeated in boxes II.2 and III.2). |
| I.3 | Local reference |
| | Indicate the unique alpha-numeric code assigned by the competent authority. |
| I.4 | Designated point of entry |
| | Select the name of the designated point of entry (DPE) or control point where appropriate. |
| I.5 | Designated point of entry code |
| | This is the unique alpha-numeric code assigned by TRACES to the DPE or control point where appropriate. |
| I.6 | Consignee/Importer |
| | Indicate the name and full address. Information on telephone and fax numbers or an email address is recommended. |
| I.7 | Place of destination |
| | Indicate the delivery address in the Union. Information on telephone and fax numbers or an email address is recommended. |
| I.8 | Operator responsible for the consignment |
| | This is the person (feed and food business operator or their representative or the person making the declaration on their behalf) who is in charge of the consignment when it is presented at the DPE and who makes the necessary declarations to the competent authority at the DPE on behalf of the importer. Insert the name and full address. Information on telephone and fax numbers or an e- mail address is recommended. |
| I.9 | Accompanying documents |
| | Insert the date of issue and the number of official documents accompanying the consignment, as appropriate.
  Commercial document reference: the airway bill number, the bill of lading number or the commercial number of the train or road vehicle. |
| I.10 | Prior notification |
| | Insert the estimated date and time on which the consignment is expected to arrive at the DPE or control point where appropriate. |
| I.11 | Country of origin |
| | This refers to the third country where the commodity is originating from, grown, harvested or produced. |
| I.12 | Not applicable |
| I.13 | Means of transport |
| | Give full details of the means of arrival transport: for aircrafts the flight number, for vessels the ship name, for road vehicles the registration number plate with trailer number if appropriate, for railway vehicles the train identity and wagon number. |
| I.14 | Country of dispatch |
| | This refers to the third country where the consignment was placed aboard the means of final transport for the journey to the Union. |
| I.15 | Not applicable |
| I.16 | Transport conditions |
| | Select the appropriate temperature during transport. |
| I.17 | Container number/Seal number |
| | Give all seal and container identification numbers where relevant.
  For official seal, indicate the official seal number as indicated in the official certificate and tick ‘official seal’ or indicate any other seal as mentioned in the accompanying documents. |
| I.18 | Certified as or for |
| | Select the intended use of the commodity as specified in the official certificate (where required) or commercial document.
  Tick the appropriate box depending on whether the commodity is destined for human consumption without prior sorting or other physical treatment (in this case tick ‘human consumption’) or is intended for human consumption after such treatment (in this case tick ‘further process’), or is intended for use as ‘feedingstuffs’ (in this case tick ‘feedingstuffs’) or other. |
| I.19 | Not applicable |
| I.20 | For transfer to |
| | During the transitional period provided for in Article 19(1), the DPE shall select this box to allow the transfer to another control point, following a satisfactory documentary check at the DPE. |
| I.21 | For onward transportation |
| | Indicate the preferred place to which the consignment selected for identity and physical checks will be transported if authorised by the DPE, pending the results of physical checks, in accordance with Article 8. |
| I.22 | Not applicable |
| I.23 | For internal market |
| | Tick this box where the consignment is intended for importation into the Union (Article 8). |
| I.24 | Not applicable |
| I.25 | Not applicable |
| I.26 | Not applicable |
| I.27 | Means of transport after DPE |
| | Select the appropriate means of transport in case of transfer to control point or onward transportation (see guidance note in box I.13). |
| I.28 | Not applicable |
| | |
| I.29 | Not applicable |
| | |
| I.30 | Not applicable |
| I.31 | Description of consignment |
| | Provide a detailed description of the goods (including for feed the type of feed).
  Use the code identifying the goods as listed in Annex I (including the TARIC sub-division, if applicable).
  Identify the type of packaging. |
| I.32 | Total number of packages |
| | Indicate the total number of packages in the consignment, where appropriate. |
| I.33 | Total quantity |
| | Indicate the number of pieces or volume, where appropriate. |
| I.34 | Total net weight/total gross weight (kg) |
| | Net weight: weight of actual product in kg, excluding packaging. This is defined as the mass of the products themselves without immediate containers or any packaging.
  Gross weight: overall weight in kg. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging, but excluding transport containers and other transport equipment. |
| I.35 | Declaration |
| | The declaration must be signed by the natural person responsible for the consignment:
  I, the undersigned operator responsible for the consignment detailed above, certify that to the best of my knowledge and belief the statements made in Part I of this document are true and complete, and I agree to comply with the requirements of Regulation (EC) No 882/2004 on official controls, including payment for official controls, and consequent official measures in case of non-compliance with the feed and food law. |

PART I – DESCRIPTION OF CONSIGNMENT

Box

Description

I.1.

Consignor/Exporter

Indicate the name and full address of the natural or legal person (feed and food business operator) dispatching the consignment. Information concerning telephone and fax numbers or an email address is recommended.

I.2

CED reference

This is the unique alpha-numeric code assigned by TRACES (repeated in boxes II.2 and III.2).

I.3

Local reference

Indicate the unique alpha-numeric code assigned by the competent authority.

I.4

Designated point of entry

Select the name of the designated point of entry (DPE) or control point where appropriate.

I.5

Designated point of entry code

This is the unique alpha-numeric code assigned by TRACES to the DPE or control point where appropriate.

I.6

Consignee/Importer

Indicate the name and full address. Information on telephone and fax numbers or an email address is recommended.

I.7

Place of destination

Indicate the delivery address in the Union. Information on telephone and fax numbers or an email address is recommended.

I.8

Operator responsible for the consignment

This is the person (feed and food business operator or their representative or the person making the declaration on their behalf) who is in charge of the consignment when it is presented at the DPE and who makes the necessary declarations to the competent authority at the DPE on behalf of the importer. Insert the name and full address. Information on telephone and fax numbers or an e- mail address is recommended.

I.9

Accompanying documents

Insert the date of issue and the number of official documents accompanying the consignment, as appropriate.

Commercial document reference: the airway bill number, the bill of lading number or the commercial number of the train or road vehicle.

I.10

Prior notification

Insert the estimated date and time on which the consignment is expected to arrive at the DPE or control point where appropriate.

I.11

Country of origin

This refers to the third country where the commodity is originating from, grown, harvested or produced.

I.12

Not applicable

I.13

Means of transport

Give full details of the means of arrival transport: for aircrafts the flight number, for vessels the ship name, for road vehicles the registration number plate with trailer number if appropriate, for railway vehicles the train identity and wagon number.

I.14

Country of dispatch

This refers to the third country where the consignment was placed aboard the means of final transport for the journey to the Union.

I.15

Not applicable

I.16

Transport conditions

Select the appropriate temperature during transport.

I.17

Container number/Seal number

Give all seal and container identification numbers where relevant.

For official seal, indicate the official seal number as indicated in the official certificate and tick ‘official seal’ or indicate any other seal as mentioned in the accompanying documents.

I.18

Certified as or for

Select the intended use of the commodity as specified in the official certificate (where required) or commercial document.

Tick the appropriate box depending on whether the commodity is destined for human consumption without prior sorting or other physical treatment (in this case tick ‘human consumption’) or is intended for human consumption after such treatment (in this case tick ‘further process’), or is intended for use as ‘feedingstuffs’ (in this case tick ‘feedingstuffs’) or other.

I.19

Not applicable

I.20

For transfer to

During the transitional period provided for in Article 19(1), the DPE shall select this box to allow the transfer to another control point, following a satisfactory documentary check at the DPE.

I.21

For onward transportation

Indicate the preferred place to which the consignment selected for identity and physical checks will be transported if authorised by the DPE, pending the results of physical checks, in accordance with Article 8.

I.22

Not applicable

I.23

For internal market

Tick this box where the consignment is intended for importation into the Union (Article 8).

I.24

Not applicable

I.25

Not applicable

I.26

Not applicable

I.27

Means of transport after DPE

Select the appropriate means of transport in case of transfer to control point or onward transportation (see guidance note in box I.13).

I.28

Not applicable

I.29

Not applicable

I.30

Not applicable

I.31

Description of consignment

Provide a detailed description of the goods (including for feed the type of feed).

Use the code identifying the goods as listed in Annex I (including the TARIC sub-division, if applicable).

Identify the type of packaging.

I.32

Total number of packages

Indicate the total number of packages in the consignment, where appropriate.

I.33

Total quantity

Indicate the number of pieces or volume, where appropriate.

I.34

Total net weight/total gross weight (kg)

Net weight: weight of actual product in kg, excluding packaging. This is defined as the mass of the products themselves without immediate containers or any packaging.

Gross weight: overall weight in kg. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging, but excluding transport containers and other transport equipment.

I.35

Declaration

The declaration must be signed by the natural person responsible for the consignment:

I, the undersigned operator responsible for the consignment detailed above, certify that to the best of my knowledge and belief the statements made in Part I of this document are true and complete, and I agree to comply with the requirements of Regulation (EC) No 882/2004 on official controls, including payment for official controls, and consequent official measures in case of non-compliance with the feed and food law.

| PART II – CONTROLS |
| --- |
| Box | Description |
| II.1. | Previous CED |
| | Indicate in this box the unique alpha-numeric code assigned by TRACES for the CED used before transfer to a control point or before onward transportation. |
| II.2 | CED reference |
| | This is the unique alpha-numeric code indicated in box I.2. |
| II.3 | Documentary check |
| | To be completed for all consignments. |
| II.4 | Identity check |
| | The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the identity checks. |
| II.5 | Physical check |
| | The competent authority of the DPE shall indicate whether the consignment is selected for physical checks that, during the transitional period provided for in Article 19(1), may be carried out at a different control point.
  The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the physical checks. |
| II.6 | Laboratory test |
| | The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the laboratory test here. Complete this box with the category of substance or pathogen for which a laboratory test has been carried out. |
| II.7 | Not applicable |
| II.8 | Not applicable |
| II.9 | Acceptable for transfer to |
| | The competent authority of the DPE shall indicate, during the transitional period provided for in Article 19(1), following a satisfactory documentary check, to which control point the consignment may be transported in order for identity and physical checks to be carried out. |
| II.10 | Acceptable for onward transportation to |
| | The competent authority of the DPE shall indicate if the consignment is authorised for the onward transportation provided for in Article 8. Onward transportation can only be authorised if the identity checks have been carried out at the DPE and if their result is satisfactory. Box II.4 shall therefore be filled in at the same time as onward transportation is authorised, while Box II.5 shall be filled in once the results of laboratory tests are available. |
| II.11 | Not applicable |
| II.12 | Acceptable for internal market |
| | This box is to be used for all consignments to be released for free circulation within the Union. |
| II.13 | Not applicable |
| II.14 | Not applicable |
| II.15 | Not applicable |
| II.16 | Not acceptable |
| | Indicate clearly the date by which the action has to be taken in the case of rejection of the consignment due to the unsatisfactory outcome of the checks. |
| II.17 | Reason for refusal |
| | Tick the appropriate box. |
| II.18 | Details of controlled destinations (II.9, II.10 and II.16) |
| | Give, as appropriate, approval number and address (or ship name and port) for all destinations where further control of the consignment is required. |
| II.19 | Consignment resealed |
| | Use this box when the original seal recorded on a consignment is destroyed on opening the container. A consolidated list of all seals that have been used for this purpose must be kept. |
| II.20 | Identification of DPE or control point |
| | Put the official stamp of the competent authority of the DPE here or, during the transitional period provided for in Article 19(1), of the competent authority of the control point. |
| II.21 | Certifying officer |
| | Signature of the responsible official of the competent authority of the DPE or, during the transitional period provided for in Article 19(1), of the competent authority of the control point:
  I, the undersigned official inspector of the DPE/control point, certify that the checks on the consignment have been carried out in accordance with Union requirements. |
| II.22 | Inspection fees |
| | This box may be used to indicate inspection fees. |
| II.23 | Customs document reference |
| | For use by customs services, if necessary. |
| II.24 | Subsequent CED |
| | Indicate the unique alphanumeric code assigned by TRACES for the CED used after transfer to control point or after onward transportation. |

PART II – CONTROLS

Box

Description

II.1.

Previous CED

Indicate in this box the unique alpha-numeric code assigned by TRACES for the CED used before transfer to a control point or before onward transportation.

II.2

CED reference

This is the unique alpha-numeric code indicated in box I.2.

II.3

Documentary check

To be completed for all consignments.

II.4

Identity check

The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the identity checks.

II.5

Physical check

The competent authority of the DPE shall indicate whether the consignment is selected for physical checks that, during the transitional period provided for in Article 19(1), may be carried out at a different control point.

The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the physical checks.

II.6

Laboratory test

The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the laboratory test here. Complete this box with the category of substance or pathogen for which a laboratory test has been carried out.

II.7

Not applicable

II.8

Not applicable

II.9

Acceptable for transfer to

The competent authority of the DPE shall indicate, during the transitional period provided for in Article 19(1), following a satisfactory documentary check, to which control point the consignment may be transported in order for identity and physical checks to be carried out.

II.10

Acceptable for onward transportation to

The competent authority of the DPE shall indicate if the consignment is authorised for the onward transportation provided for in Article 8. Onward transportation can only be authorised if the identity checks have been carried out at the DPE and if their result is satisfactory. Box II.4 shall therefore be filled in at the same time as onward transportation is authorised, while Box II.5 shall be filled in once the results of laboratory tests are available.

II.11

Not applicable

II.12

Acceptable for internal market

This box is to be used for all consignments to be released for free circulation within the Union.

II.13

Not applicable

II.14

Not applicable

II.15

Not applicable

II.16

Not acceptable

Indicate clearly the date by which the action has to be taken in the case of rejection of the consignment due to the unsatisfactory outcome of the checks.

II.17

Reason for refusal

Tick the appropriate box.

II.18

Details of controlled destinations (II.9, II.10 and II.16)

Give, as appropriate, approval number and address (or ship name and port) for all destinations where further control of the consignment is required.

II.19

Consignment resealed

Use this box when the original seal recorded on a consignment is destroyed on opening the container. A consolidated list of all seals that have been used for this purpose must be kept.

II.20

Identification of DPE or control point

Put the official stamp of the competent authority of the DPE here or, during the transitional period provided for in Article 19(1), of the competent authority of the control point.

II.21

Certifying officer

Signature of the responsible official of the competent authority of the DPE or, during the transitional period provided for in Article 19(1), of the competent authority of the control point:

I, the undersigned official inspector of the DPE/control point, certify that the checks on the consignment have been carried out in accordance with Union requirements.

II.22

Inspection fees

This box may be used to indicate inspection fees.

II.23

Customs document reference

For use by customs services, if necessary.

II.24

Subsequent CED

Indicate the unique alphanumeric code assigned by TRACES for the CED used after transfer to control point or after onward transportation.

| PART III – FOLLOW-UP |
| --- |
| Box | Description |
| III.1 | Previous CED |
| This is the unique alpha-numeric code indicated in box II.1. |
| III.2 | CED reference |
| This is the unique alpha-numeric code indicated in box I.2. |
| III.3 | Subsequent CED |
| Indicate the alphanumeric code of one or more CEDs indicated in box II.24. |
| III.4 | Details on re-dispatch |
| The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the means of transport used, its identification details, the country of destination and the date of re- dispatch, as soon as they are known. The indication of the name of the exit BIP or DPE is optional. |
| III.5 | Follow-up |
| Indicate the Local Competent Authority Unit responsible, as appropriate, for the supervision in case of ‘Destruction’, ‘Transformation’ or ‘Use for other purpose’ of the consignment. That authority shall report the result of the arrival of the consignment and the correspondence of the consignment in this box. |
| III.6 | Certifying officer |
| In the case of ‘re-dispatch’, this refers to the signature of the responsible official for the competent authority of the DPE or, during the transitional period provided for in Article 19(1), the responsible official for the control point.
  In the case of ‘destruction’, ‘transformation’ or ‘use for other purpose’, this refers to the signature of the responsible official for the local competent authority. |

PART III – FOLLOW-UP

Box

Description

III.1

Previous CED

This is the unique alpha-numeric code indicated in box II.1.

III.2

CED reference

This is the unique alpha-numeric code indicated in box I.2.

III.3

Subsequent CED

Indicate the alphanumeric code of one or more CEDs indicated in box II.24.

III.4

Details on re-dispatch

The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the means of transport used, its identification details, the country of destination and the date of re- dispatch, as soon as they are known. The indication of the name of the exit BIP or DPE is optional.

III.5

Follow-up

Indicate the Local Competent Authority Unit responsible, as appropriate, for the supervision in case of ‘Destruction’, ‘Transformation’ or ‘Use for other purpose’ of the consignment. That authority shall report the result of the arrival of the consignment and the correspondence of the consignment in this box.

III.6

Certifying officer

In the case of ‘re-dispatch’, this refers to the signature of the responsible official for the competent authority of the DPE or, during the transitional period provided for in Article 19(1), the responsible official for the control point.

In the case of ‘destruction’, ‘transformation’ or ‘use for other purpose’, this refers to the signature of the responsible official for the local competent authority.

PART 2

Model for the CED2

Image 10

Image 11

Image 12

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| 14.10.2019 | EN | Official Journal of the European Union | L 261/37 |
| --- | --- | --- | --- |

14.10.2019

EN

Official Journal of the European Union

L 261/37

---

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1715

of 30 September 2019

laying down rules for the functioning of the information management system for official controls and its system components (‘the IMSOC Regulation’)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 13(1) thereof,

Having regard to 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 procedures in matters of food safety (2), and in particular Article 51 thereof,

Having regard to Regulation (EU) 2016/429 of the European Parliament of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (3) (‘Animal Health Law’), and in particular point (c) of the first paragraph of Article 23 thereof,

Having regard to Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (4), and in particular points (a), (b) and (c) of the first paragraph of Article 104 thereof,

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 (5) (‘Official Controls Regulation’), in particular point (a) of the first paragraph of Article 58, points (a), (b) and (c) of the first subparagraph of Article 75(2), point (f) of the first paragraph of Article 90, points (a) and (b) of the first subparagraph of Article 102(6), Article 103(6) and points (a) to (g) of the first paragraph of Article 134 thereof,

Whereas:

| (1) | Regulation (EU) 2017/625 establishes, inter alia, rules for the Member States’ performance of official controls and other official activities on animals and goods entering the Union in order to ensure the correct application of the Union agri-food chain legislation. |
| --- | --- |

(1)

Regulation (EU) 2017/625 establishes, inter alia, rules for the Member States’ performance of official controls and other official activities on animals and goods entering the Union in order to ensure the correct application of the Union agri-food chain legislation.

| (2) | It requires the Commission, in collaboration with Member States, to set up and manage a computerised information management system for official controls (IMSOC) to manage, handle and automatically exchange data, information and documents in relation to official controls. The IMSOC should integrate and upgrade as necessary certain information systems managed by the Commission and act as an interoperability schema connecting them and, in certain cases, also existing national systems of the Member States and information systems of third countries and international organisations (‘other systems’). |
| --- | --- |

(2)

It requires the Commission, in collaboration with Member States, to set up and manage a computerised information management system for official controls (IMSOC) to manage, handle and automatically exchange data, information and documents in relation to official controls. The IMSOC should integrate and upgrade as necessary certain information systems managed by the Commission and act as an interoperability schema connecting them and, in certain cases, also existing national systems of the Member States and information systems of third countries and international organisations (‘other systems’).

| (3) | The information systems managed by the Commission and to be integrated in IMSOC include the Rapid alert system for food and feed (RASFF) for notifying direct or indirect risk to human health deriving from food, food contact material or feed, as established by Regulation (EC) No 178/2002 and broadened by Regulation (EC) No 183/2005 of the European Parliament and of the Council (6), the system for notifying and reporting information on animal diseases (ADIS), to be established pursuant to Regulation (EU) 2016/429, the system for notifying and reporting the presence of pests in plants and plant products (EUROPHYT), to be established pursuant to Regulation (EU) 2016/2031, the technical tools for administrative assistance and cooperation (AAC) and the TRACES system referred to in Regulation (EU) 2017/625. |
| --- | --- |

(3)

The information systems managed by the Commission and to be integrated in IMSOC include the Rapid alert system for food and feed (RASFF) for notifying direct or indirect risk to human health deriving from food, food contact material or feed, as established by Regulation (EC) No 178/2002 and broadened by Regulation (EC) No 183/2005 of the European Parliament and of the Council (6), the system for notifying and reporting information on animal diseases (ADIS), to be established pursuant to Regulation (EU) 2016/429, the system for notifying and reporting the presence of pests in plants and plant products (EUROPHYT), to be established pursuant to Regulation (EU) 2016/2031, the technical tools for administrative assistance and cooperation (AAC) and the TRACES system referred to in Regulation (EU) 2017/625.

| (4) | The information systems managed by the Commission were established at different times and have since been modified on legal and operational grounds. Therefore, in order to upgrade and integrate them as required by Regulation (EU) 2017/625, it is appropriate to gather in the same act all provisions relating to the functioning of the IMSOC and its system components, and establish rules for the exchange of data, information and documents with other systems on the basis of the powers conferred on the Commission by Regulations (EC) No 178/2002, (EU) 2016/429, (EU) 2016/2031 and (EU) 2017/625 and repeal the existing implementing acts. |
| --- | --- |

(4)

The information systems managed by the Commission were established at different times and have since been modified on legal and operational grounds. Therefore, in order to upgrade and integrate them as required by Regulation (EU) 2017/625, it is appropriate to gather in the same act all provisions relating to the functioning of the IMSOC and its system components, and establish rules for the exchange of data, information and documents with other systems on the basis of the powers conferred on the Commission by Regulations (EC) No 178/2002, (EU) 2016/429, (EU) 2016/2031 and (EU) 2017/625 and repeal the existing implementing acts.

| (5) | Regulation (EU) 2017/625 provides that the Member States and the Commission should process personal data through the IMSOC and any of its components only for the purposes of official controls and other official activities performed for the verification of compliance with relevant Union rules in the areas referred to in Article 1(2) of that Regulation, including the operators’ past records as regards compliance with those rules. |
| --- | --- |

(5)

Regulation (EU) 2017/625 provides that the Member States and the Commission should process personal data through the IMSOC and any of its components only for the purposes of official controls and other official activities performed for the verification of compliance with relevant Union rules in the areas referred to in Article 1(2) of that Regulation, including the operators’ past records as regards compliance with those rules.

| (6) | Official controls and other official activities are to be carried out on operators for the whole duration of their activities and in certain cases such as animal welfare checks or official controls on products with long shelf life, e.g. canned food or food contact materials, on the same animals and goods at different points in time. Therefore, in order to be able to properly track operators’ past records, it is appropriate to establish a maximum storage period of personal data of 10 years, which should allow traceability in case of foodborne outbreaks, animal diseases outbreaks, animal welfare checks and plant pest outbreaks. |
| --- | --- |

(6)

Official controls and other official activities are to be carried out on operators for the whole duration of their activities and in certain cases such as animal welfare checks or official controls on products with long shelf life, e.g. canned food or food contact materials, on the same animals and goods at different points in time. Therefore, in order to be able to properly track operators’ past records, it is appropriate to establish a maximum storage period of personal data of 10 years, which should allow traceability in case of foodborne outbreaks, animal diseases outbreaks, animal welfare checks and plant pest outbreaks.

| (7) | In order to implement measures that adhere to the ‘data protection by design’ principle laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council (7) and Regulation (EU) 2018/1725 of the European Parliament and of the Council (8), the IMSOC components should be given a limited capacity to insert unstructured information. This capacity should be used only where such information is necessary and cannot be provided efficiently in a structured manner. Moreover, even in the absence of explicit references to them, personal data protection principles are embedded in each provision of this Regulation, in particular as regards the identification of data controllers, storage periods of personal data, access to personal data, transmission and transfer of personal data and data security. |
| --- | --- |

(7)

In order to implement measures that adhere to the ‘data protection by design’ principle laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council (7) and Regulation (EU) 2018/1725 of the European Parliament and of the Council (8), the IMSOC components should be given a limited capacity to insert unstructured information. This capacity should be used only where such information is necessary and cannot be provided efficiently in a structured manner. Moreover, even in the absence of explicit references to them, personal data protection principles are embedded in each provision of this Regulation, in particular as regards the identification of data controllers, storage periods of personal data, access to personal data, transmission and transfer of personal data and data security.

| (8) | A multi-level governance of the IMSOC by the Commission, in collaboration with the Member States, is necessary to ensure that the development of general solutions applicable to the IMSOC are steered uniformly and that system components are developed and used in a coherent way, so as to limit administrative burden and the establishing of different procedures where this is not strictly necessary. |
| --- | --- |

(8)

A multi-level governance of the IMSOC by the Commission, in collaboration with the Member States, is necessary to ensure that the development of general solutions applicable to the IMSOC are steered uniformly and that system components are developed and used in a coherent way, so as to limit administrative burden and the establishing of different procedures where this is not strictly necessary.

| (9) | To this end, it is appropriate to establish a network of members, including the Commission and, where appropriate, EU agencies, for each IMSOC system component, and for the Commission to establish governance structures to gather ongoing feedback from Member States on planned changes and new features to steer the development of the IMSOC and its components. |
| --- | --- |

(9)

To this end, it is appropriate to establish a network of members, including the Commission and, where appropriate, EU agencies, for each IMSOC system component, and for the Commission to establish governance structures to gather ongoing feedback from Member States on planned changes and new features to steer the development of the IMSOC and its components.

| (10) | Although each IMSOC component has its own specificities, this Regulation should establish general principles which all components need to comply with, regarding ownership and responsibility for data, information and documents and exchanges with other systems. It should also establish the Commission’s obligations and rights as regards the IMSOC and personal data protection provisions in Regulation (EU) 2016/679, Directive (EU) 2016/680 of the European Parliament and of the Council (9) and Regulation (EU) 2018/1725. |
| --- | --- |

(10)

Although each IMSOC component has its own specificities, this Regulation should establish general principles which all components need to comply with, regarding ownership and responsibility for data, information and documents and exchanges with other systems. It should also establish the Commission’s obligations and rights as regards the IMSOC and personal data protection provisions in Regulation (EU) 2016/679, Directive (EU) 2016/680 of the European Parliament and of the Council (9) and Regulation (EU) 2018/1725.

| (11) | As Regulation (EU) 2017/625 provides that the IMSOC is to integrate the RASFF, this Regulation should lay down implementing measures for the efficient operation of the RASFF within the IMSOC on the basis of the conditions and procedures applicable to the transmission of notifications, as currently established by Commission Regulation (EU) No 16/2011 (10), including the definition of the different types of notification classified according to risks. |
| --- | --- |

(11)

As Regulation (EU) 2017/625 provides that the IMSOC is to integrate the RASFF, this Regulation should lay down implementing measures for the efficient operation of the RASFF within the IMSOC on the basis of the conditions and procedures applicable to the transmission of notifications, as currently established by Commission Regulation (EU) No 16/2011 (10), including the definition of the different types of notification classified according to risks.

| (12) | Since the provisions on administrative assistance and cooperation of Title IV of Regulation (EC) No 882/2004 of the European Parliament and of the Council (11) and the implementing measures in Commission Implementing Decision (EU) 2015/1918 (12) establishing the Administrative Assistance and Cooperation System (the AAC system) are now included in Title IV of Regulation (EU) 2017/625, this Regulation should lay down operational rules and a standard format for the exchange of information on instances of cross-border non-compliance within the IMSOC in accordance with the power conferred on the Commission by Regulation (EU) 2017/625. |
| --- | --- |

(12)

Since the provisions on administrative assistance and cooperation of Title IV of Regulation (EC) No 882/2004 of the European Parliament and of the Council (11) and the implementing measures in Commission Implementing Decision (EU) 2015/1918 (12) establishing the Administrative Assistance and Cooperation System (the AAC system) are now included in Title IV of Regulation (EU) 2017/625, this Regulation should lay down operational rules and a standard format for the exchange of information on instances of cross-border non-compliance within the IMSOC in accordance with the power conferred on the Commission by Regulation (EU) 2017/625.

| (13) | Given the complex nature of certain cases of non-compliance where risks may not be immediately identified and in order to ensure swift and appropriate coordination between different competent authorities through the correct procedure, this Regulation should include rules for the clear distinction between non-compliances generating risks and other non-compliances, in order to streamline and facilitate the choice between the RASFF or AAC procedure accordingly. |
| --- | --- |

(13)

Given the complex nature of certain cases of non-compliance where risks may not be immediately identified and in order to ensure swift and appropriate coordination between different competent authorities through the correct procedure, this Regulation should include rules for the clear distinction between non-compliances generating risks and other non-compliances, in order to streamline and facilitate the choice between the RASFF or AAC procedure accordingly.

| (14) | Moreover, this Regulation should also harmonise, as far as possible, the type of information exchanged through the RASFF or AAC procedures to allow a swift change of procedure in case factual evidence demonstrates the presence or absence of a risk. |
| --- | --- |

(14)

Moreover, this Regulation should also harmonise, as far as possible, the type of information exchanged through the RASFF or AAC procedures to allow a swift change of procedure in case factual evidence demonstrates the presence or absence of a risk.

| (15) | At the Ministerial Conference on 26 September 2017 (13), following an incident of fipronil contamination, the Commission and the Member States agreed on concrete measures and coordinated action to step up the fight against food fraud. They identified bridging the gap between the RASFF and the AAC system by means of a combined platform as one measure to ensure that information is exchanged as efficiently as possible. To this end, this Regulation should establish a common computerised tool (iRASFF) to be integrated in the IMSOC that brings together the RASFF and the AAC system, for the exchange of information required by Regulation (EC) No 178/2002 and Regulation (EU) 2017/625. |
| --- | --- |

(15)

At the Ministerial Conference on 26 September 2017 (13), following an incident of fipronil contamination, the Commission and the Member States agreed on concrete measures and coordinated action to step up the fight against food fraud. They identified bridging the gap between the RASFF and the AAC system by means of a combined platform as one measure to ensure that information is exchanged as efficiently as possible. To this end, this Regulation should establish a common computerised tool (iRASFF) to be integrated in the IMSOC that brings together the RASFF and the AAC system, for the exchange of information required by Regulation (EC) No 178/2002 and Regulation (EU) 2017/625.

| (16) | To ensure the correct and efficient functioning of iRASFF, the Member States’ contact points of the RASFF and AAC networks should be represented in an entity called single contact point. The latter should consist of persons managing both networks, whether or not physically located in the same administrative unit, relay information to the appropriate competent authority within the country and routinely be the first contact point for the Commission. |
| --- | --- |

(16)

To ensure the correct and efficient functioning of iRASFF, the Member States’ contact points of the RASFF and AAC networks should be represented in an entity called single contact point. The latter should consist of persons managing both networks, whether or not physically located in the same administrative unit, relay information to the appropriate competent authority within the country and routinely be the first contact point for the Commission.

| (17) | Moreover, considering the occurrence of criminal activities along the food and feed chain and the concurring relevance of those activities for competent authorities and police or judicial bodies, the European Union Agency for Law Enforcement Cooperation (Europol) should take part in the food fraud network, and where relevant, inform the European Union’s Judicial Cooperation Unit (Eurojust). |
| --- | --- |

(17)

Moreover, considering the occurrence of criminal activities along the food and feed chain and the concurring relevance of those activities for competent authorities and police or judicial bodies, the European Union Agency for Law Enforcement Cooperation (Europol) should take part in the food fraud network, and where relevant, inform the European Union’s Judicial Cooperation Unit (Eurojust).

| (18) | This Regulation should also establish common rules for the contact points of iRASFF and for the Commission’s coordinating role in verifying notifications and helping to identify recurrent hazards and operators reported in them. |
| --- | --- |

(18)

This Regulation should also establish common rules for the contact points of iRASFF and for the Commission’s coordinating role in verifying notifications and helping to identify recurrent hazards and operators reported in them.

| (19) | Moreover, as Regulation (EC) No 178/2002 requires public authorities to inform the public of risks to human health, inter alia, and third countries of certain notifications, this Regulation should lay down rules to inform the public and third countries, balancing the need to inform with that not to harm business operators. |
| --- | --- |

(19)

Moreover, as Regulation (EC) No 178/2002 requires public authorities to inform the public of risks to human health, inter alia, and third countries of certain notifications, this Regulation should lay down rules to inform the public and third countries, balancing the need to inform with that not to harm business operators.

| (20) | Regulation (EU) 2016/429 lays down rules on animal diseases that are transmissible to animals or humans, including requirements for disease notification and reporting. It requires the Commission to set up and manage a computerised information system for the operation of the mechanisms and tools for those requirements (ADIS) that should be integrated into the IMSOC. |
| --- | --- |

(20)

Regulation (EU) 2016/429 lays down rules on animal diseases that are transmissible to animals or humans, including requirements for disease notification and reporting. It requires the Commission to set up and manage a computerised information system for the operation of the mechanisms and tools for those requirements (ADIS) that should be integrated into the IMSOC.

| (21) | As Regulation (EU) 2016/429 becomes applicable as of 21 April 2021, this Regulation should lay down deferred rules for the establishment of the network for the functioning of ADIS. |
| --- | --- |

(21)

As Regulation (EU) 2016/429 becomes applicable as of 21 April 2021, this Regulation should lay down deferred rules for the establishment of the network for the functioning of ADIS.

| (22) | Regulation (EU) 2016/2031 lays down measures to prevent the entry or spread of plant pests in EU territory, including notification requirements for pest presence and phytosanitary measures taken. It requires the Commission to establish an electronic system through which the Member States are to submit notifications and which should be connected to, and compatible with, the IMSOC. |
| --- | --- |

(22)

Regulation (EU) 2016/2031 lays down measures to prevent the entry or spread of plant pests in EU territory, including notification requirements for pest presence and phytosanitary measures taken. It requires the Commission to establish an electronic system through which the Member States are to submit notifications and which should be connected to, and compatible with, the IMSOC.

| (23) | For that purpose, that Regulation empowers the Commission to lay down specific rules on notifications, in particular on the items to be included, a form and how to fill it in and deadlines for the submission of particular items. |
| --- | --- |

(23)

For that purpose, that Regulation empowers the Commission to lay down specific rules on notifications, in particular on the items to be included, a form and how to fill it in and deadlines for the submission of particular items.

| (24) | The EUROPHYT-Interceptions web-based notification system (14) is a system developed by the Commission with the Member States, for notifying interception of consignments of plants and plant products from other Member States or third countries that may present an imminent danger of introducing or spreading pests. The procedure and standard form to be used for notifying interception of such consignments from a third country are laid down in Commission Directive 94/3/EC (15). |
| --- | --- |

(24)

The EUROPHYT-Interceptions web-based notification system (14) is a system developed by the Commission with the Member States, for notifying interception of consignments of plants and plant products from other Member States or third countries that may present an imminent danger of introducing or spreading pests. The procedure and standard form to be used for notifying interception of such consignments from a third country are laid down in Commission Directive 94/3/EC (15).

| (25) | A parallel web-based notification system, EUROPHYT-Outbreaks, was developed with a view to helping Member States to notify official confirmation of the presence of pests on their territory, and measures taken to eradicate or prevent the spread of the pest, whether or not regulated at EU level as harmful. Commission Implementing Decision 2014/917/EU (16) sets out the information to be included in such notifications and the deadline for submitting them. It also requires the notifying Member State to provide updates as soon as possible if it receives new relevant information or takes new relevant measures. |
| --- | --- |

(25)

A parallel web-based notification system, EUROPHYT-Outbreaks, was developed with a view to helping Member States to notify official confirmation of the presence of pests on their territory, and measures taken to eradicate or prevent the spread of the pest, whether or not regulated at EU level as harmful. Commission Implementing Decision 2014/917/EU (16) sets out the information to be included in such notifications and the deadline for submitting them. It also requires the notifying Member State to provide updates as soon as possible if it receives new relevant information or takes new relevant measures.

| (26) | To allow the Member States to notify interceptions and outbreaks as required by Regulation (EU) 2016/2031, this Regulation should lay down rules on notifying interceptions and outbreaks following procedures similar to those used for interceptions under Directive 94/3/EC and outbreaks under Implementing Decision 2014/917/EU. |
| --- | --- |

(26)

To allow the Member States to notify interceptions and outbreaks as required by Regulation (EU) 2016/2031, this Regulation should lay down rules on notifying interceptions and outbreaks following procedures similar to those used for interceptions under Directive 94/3/EC and outbreaks under Implementing Decision 2014/917/EU.

| (27) | Because the notifications submitted to EUROPHYT-Interceptions are similar to the data and information on imports of and intra-Union trade in animals and products of animal origin submitted to the TRACES system, the functionalities of EUROPHYT-Interception for commodities intercepted at the border and within the Union should be provided within TRACES rather than within EUROPHYT. |
| --- | --- |

(27)

Because the notifications submitted to EUROPHYT-Interceptions are similar to the data and information on imports of and intra-Union trade in animals and products of animal origin submitted to the TRACES system, the functionalities of EUROPHYT-Interception for commodities intercepted at the border and within the Union should be provided within TRACES rather than within EUROPHYT.

| (28) | Regulation (EU) 2017/625 also provides that the IMSOC should allow the production, handling and transmission of common health entry documents (CHEDs) and official certificates, and empowers the Commission to lay down rules on the format of the CHEDs, instruction for their presentation and use, and rules for the issuance of electronic certificates and for the use of electronic signatures. |
| --- | --- |

(28)

Regulation (EU) 2017/625 also provides that the IMSOC should allow the production, handling and transmission of common health entry documents (CHEDs) and official certificates, and empowers the Commission to lay down rules on the format of the CHEDs, instruction for their presentation and use, and rules for the issuance of electronic certificates and for the use of electronic signatures.

| (29) | To establish an adequate level of security of electronic means of identification and electronic certification, digitalise and harmonise the certification process, the issuance of electronic official certificates and CHEDs should meet the standards for electronic signatures, electronic seals and electronic timestamps in their different levels of identity assurance set by Regulation (EU) No 910/2014 of the European Parliament and of the Council (17) and Commission Implementing Decision (EU) 2015/1506 (18) adopted pursuant to that Regulation, and use, as a basis, the existing provisions on electronic phytosanitary certification in Commission Implementing Decision (EU) 2018/1553 (19). |
| --- | --- |

(29)

To establish an adequate level of security of electronic means of identification and electronic certification, digitalise and harmonise the certification process, the issuance of electronic official certificates and CHEDs should meet the standards for electronic signatures, electronic seals and electronic timestamps in their different levels of identity assurance set by Regulation (EU) No 910/2014 of the European Parliament and of the Council (17) and Commission Implementing Decision (EU) 2015/1506 (18) adopted pursuant to that Regulation, and use, as a basis, the existing provisions on electronic phytosanitary certification in Commission Implementing Decision (EU) 2018/1553 (19).

| (30) | However, as Regulation (EU) 2016/2031 provides that electronic phytosanitary certificates for the introduction into the Union territory of plants, plant products and other objects are to be accepted only where they are provided through, or in electronic exchange with the IMSOC, this Regulation should establish rules for the issuance of such certificates in line with those provisions. |
| --- | --- |

(30)

However, as Regulation (EU) 2016/2031 provides that electronic phytosanitary certificates for the introduction into the Union territory of plants, plant products and other objects are to be accepted only where they are provided through, or in electronic exchange with the IMSOC, this Regulation should establish rules for the issuance of such certificates in line with those provisions.

| (31) | Moreover, to maintain continuity with the current operational practice, the entries of the common veterinary entry document (CVED) for products established by Commission Regulation (EC) No 136/2004 (20), the CVED for animals established by Commission Regulation (EC) No 282/2004 (21) and the common entry document established by Commission Regulation (EC) No 669/2009 (22) should serve as a basis to establish in this Regulation the entries for the CHEDs for the respective categories of animals and goods. |
| --- | --- |

(31)

Moreover, to maintain continuity with the current operational practice, the entries of the common veterinary entry document (CVED) for products established by Commission Regulation (EC) No 136/2004 (20), the CVED for animals established by Commission Regulation (EC) No 282/2004 (21) and the common entry document established by Commission Regulation (EC) No 669/2009 (22) should serve as a basis to establish in this Regulation the entries for the CHEDs for the respective categories of animals and goods.

| (32) | For consignments of plants, plant products and other objects introduced from third countries for which a phytosanitary certificate is required, this Regulation should also lay down a template for a CHED with entries that are relevant for plants, plant products and other objects, as referred to in Article 47(1)(c) to (f) of Regulation (EU) 2017/625 and Commission Implementing Regulation (EU) 2019/66 (23). Moreover, those entries should be aligned with the items to be included in the EUROPHYT-Interceptions notifications. |
| --- | --- |

(32)

For consignments of plants, plant products and other objects introduced from third countries for which a phytosanitary certificate is required, this Regulation should also lay down a template for a CHED with entries that are relevant for plants, plant products and other objects, as referred to in Article 47(1)(c) to (f) of Regulation (EU) 2017/625 and Commission Implementing Regulation (EU) 2019/66 (23). Moreover, those entries should be aligned with the items to be included in the EUROPHYT-Interceptions notifications.

| (33) | As the CHEDs should be used by operators to give prior notification of arrival of consignment to competent authorities and by those authorities to record the outcome of official controls and the decision on the consignment, the CHEDs should be divided in three parts: one to be filled in by the person responsible for the consignment; one by the competent authority taking a decision on the consignment and one to be filled in by the competent authority performing follow-up actions on the consignment. This Regulation should set out instructions for completing each part of the CHED, including language requirements. |
| --- | --- |

(33)

As the CHEDs should be used by operators to give prior notification of arrival of consignment to competent authorities and by those authorities to record the outcome of official controls and the decision on the consignment, the CHEDs should be divided in three parts: one to be filled in by the person responsible for the consignment; one by the competent authority taking a decision on the consignment and one to be filled in by the competent authority performing follow-up actions on the consignment. This Regulation should set out instructions for completing each part of the CHED, including language requirements.

| (34) | Decision No 70/2008/EC of the European Parliament and of the Council (24) requires the Commission and the Member States to set up secure, integrated, interoperable and accessible electronic customs systems to provide single window services for the seamless flow of data between economic operators and customs authorities, between customs authorities and the Commission, and between customs authorities and other administrations or agencies. Since these objectives are similar to those of Regulation (EU) 2017/625, this Regulation should provide for similar cooperation arrangements between authorities dealing with animals and goods entering the Union and operating in TRACES. |
| --- | --- |

(34)

Decision No 70/2008/EC of the European Parliament and of the Council (24) requires the Commission and the Member States to set up secure, integrated, interoperable and accessible electronic customs systems to provide single window services for the seamless flow of data between economic operators and customs authorities, between customs authorities and the Commission, and between customs authorities and other administrations or agencies. Since these objectives are similar to those of Regulation (EU) 2017/625, this Regulation should provide for similar cooperation arrangements between authorities dealing with animals and goods entering the Union and operating in TRACES.

| (35) | In order to ensure the consistent collection of information and avoid the pollution of Member States and Commission databases, data exchanges between TRACES and the national systems of the Member States should use reference data provided by the Commission in TRACES. |
| --- | --- |

(35)

In order to ensure the consistent collection of information and avoid the pollution of Member States and Commission databases, data exchanges between TRACES and the national systems of the Member States should use reference data provided by the Commission in TRACES.

| (36) | To this end, Member States should provide the Commission with information necessary for the functioning of TRACES such as the lists of border control posts and control points designated in accordance with Regulation (EU) 2017/625, the lists of control units designated for the purpose of TRACES, the lists of food business establishments approved in accordance with Regulation (EC) No 852/2004 of the European Parliament and of the Council (25) and the lists of establishments, plants and operators handling animal by-products or derived products, approved or registered in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council (26). |
| --- | --- |

(36)

To this end, Member States should provide the Commission with information necessary for the functioning of TRACES such as the lists of border control posts and control points designated in accordance with Regulation (EU) 2017/625, the lists of control units designated for the purpose of TRACES, the lists of food business establishments approved in accordance with Regulation (EC) No 852/2004 of the European Parliament and of the Council (25) and the lists of establishments, plants and operators handling animal by-products or derived products, approved or registered in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council (26).

| (37) | The provisions of Directive 94/3/EC, Regulation (EU) No 16/2011, and Implementing Decisions 2014/917/EU, (EU) 2015/1918 and (EU) 2018/1553 have been reviewed and are now incorporated in this Regulation. For the sake of clarity and consistency those acts should be repealed with effect from the date of application of Regulation (EU) 2017/625. |
| --- | --- |

(37)

The provisions of Directive 94/3/EC, Regulation (EU) No 16/2011, and Implementing Decisions 2014/917/EU, (EU) 2015/1918 and (EU) 2018/1553 have been reviewed and are now incorporated in this Regulation. For the sake of clarity and consistency those acts should be repealed with effect from the date of application of Regulation (EU) 2017/625.

| (38) | Commission Decisions 92/486/EEC (27), 2003/24/EC (28), 2003/623/EC (29), 2004/292/EC (30), 2004/675/EC (31) and 2005/123/EC (32), adopted in relation to the TRACES system pursuant to Council Directive 90/425/EEC (33) and Council Decision 92/438/EEC (34), have become obsolete. For the sake of clarity and consistency, those Decisions should also be repealed with effect from the date of application of Regulation (EU) 2017/625. |
| --- | --- |

(38)

Commission Decisions 92/486/EEC (27), 2003/24/EC (28), 2003/623/EC (29), 2004/292/EC (30), 2004/675/EC (31) and 2005/123/EC (32), adopted in relation to the TRACES system pursuant to Council Directive 90/425/EEC (33) and Council Decision 92/438/EEC (34), have become obsolete. For the sake of clarity and consistency, those Decisions should also be repealed with effect from the date of application of Regulation (EU) 2017/625.

| (39) | This Regulation has been discussed with the European Food Safety Authority and the European Data Protection Supervisor. |
| --- | --- |

(39)

This Regulation has been discussed with the European Food Safety Authority and the European Data Protection Supervisor.

| (40) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(40)

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:

CHAPTER 1

Subject matter, scope and definitions

Article 1

Subject matter and scope

1.   This Regulation lays down:

| (a) | specific conditions and procedures applicable to the transmission of notifications and supplementary information for the Rapid alert system for food and feed (RASFF) to be established pursuant to Regulation (EC) No 178/2002; |
| --- | --- |

(a)

specific conditions and procedures applicable to the transmission of notifications and supplementary information for the Rapid alert system for food and feed (RASFF) to be established pursuant to Regulation (EC) No 178/2002;

| (b) | procedures for the establishment and use of the computerised system for Union notification and reporting of diseases to be set up and managed by the Commission in accordance with Article 22 of Regulation (EU) 2016/429; |
| --- | --- |

(b)

procedures for the establishment and use of the computerised system for Union notification and reporting of diseases to be set up and managed by the Commission in accordance with Article 22 of Regulation (EU) 2016/429;

| (c) | specific rules, including deadlines, for the submission of notifications, to be laid down pursuant to Regulation (EU) 2016/2031; |
| --- | --- |

(c)

specific rules, including deadlines, for the submission of notifications, to be laid down pursuant to Regulation (EU) 2016/2031;

| (d) | rules for the computerised handling and exchange of information, data and documents in the information management system for official controls (IMSOC) necessary for the performance of the official controls provided for in Regulation (EU) 2017/625, as regards:






  (i) | the format of the common health entry document (CHED) referred to in Article 56 of Regulation (EU) 2017/625, including its electronic equivalent, and the instructions for its presentation and use; |
| --- | --- | --- |

(d)

rules for the computerised handling and exchange of information, data and documents in the information management system for official controls (IMSOC) necessary for the performance of the official controls provided for in Regulation (EU) 2017/625, as regards:

(i)

the format of the common health entry document (CHED) referred to in Article 56 of Regulation (EU) 2017/625, including its electronic equivalent, and the instructions for its presentation and use;

| (ii) | uniform arrangements for cooperation between customs authorities, competent authorities and other authorities, as referred to in Article 75 of Regulation (EU) 2017/625; |
| --- | --- |

(ii)

uniform arrangements for cooperation between customs authorities, competent authorities and other authorities, as referred to in Article 75 of Regulation (EU) 2017/625;

| (iii) | the issuance of electronic certificates and the use of electronic signatures for the official certificates referred to in Article 87 of Regulation (EU) 2017/625; |
| --- | --- |

(iii)

the issuance of electronic certificates and the use of electronic signatures for the official certificates referred to in Article 87 of Regulation (EU) 2017/625;

| (iv) | standard formats for information exchange in the framework of administrative assistance and cooperation, as referred to in Title IV of Regulation (EU) 2017/625, concerning:






  — | requests for assistance, |
| --- | --- | --- |

(iv)

standard formats for information exchange in the framework of administrative assistance and cooperation, as referred to in Title IV of Regulation (EU) 2017/625, concerning:

—

requests for assistance,

| — | common and recurrent notifications and responses; |
| --- | --- |

—

common and recurrent notifications and responses;

| (v) | specifications of the technical tools and procedures for communication between liaison bodies designated in accordance with Article 103(1) of Regulation (EU) 2017/625; |
| --- | --- |

(v)

specifications of the technical tools and procedures for communication between liaison bodies designated in accordance with Article 103(1) of Regulation (EU) 2017/625;

| (vi) | the proper functioning of the IMSOC referred to in Chapter IV of Title VI of Regulation (EU) 2017/625. |
| --- | --- |

(vi)

the proper functioning of the IMSOC referred to in Chapter IV of Title VI of Regulation (EU) 2017/625.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

| (1) | ‘component’ means an electronic system integrated in the IMSOC; |
| --- | --- |

(1)

‘component’ means an electronic system integrated in the IMSOC;

| (2) | ‘network’ means a group of members having access to a specific component; |
| --- | --- |

(2)

‘network’ means a group of members having access to a specific component;

| (3) | ‘network member’ means a Member State’s competent authority, the Commission, an EU agency, a third country’s competent authority or an international organisation that has access to at least one component; |
| --- | --- |

(3)

‘network member’ means a Member State’s competent authority, the Commission, an EU agency, a third country’s competent authority or an international organisation that has access to at least one component;

| (4) | ‘contact point’ means the contact point designated by the network member to represent it; |
| --- | --- |

(4)

‘contact point’ means the contact point designated by the network member to represent it;

| (5) | ‘Member State’s national system’ means a computerised information system owned and set up before the date of entry into force of Regulation (EU) 2017/625 by a Member State for the purpose of managing, handling and exchanging data, information and documents on official controls, and capable of electronically exchanging data with the relevant component; |
| --- | --- |

(5)

‘Member State’s national system’ means a computerised information system owned and set up before the date of entry into force of Regulation (EU) 2017/625 by a Member State for the purpose of managing, handling and exchanging data, information and documents on official controls, and capable of electronically exchanging data with the relevant component;

| (6) | ‘international organisation’ means any of the internationally recognised bodies listed in point (g) of Article 121 of Regulation (EU) 2017/625, or similar intergovernmental organisations; |
| --- | --- |

(6)

‘international organisation’ means any of the internationally recognised bodies listed in point (g) of Article 121 of Regulation (EU) 2017/625, or similar intergovernmental organisations;

| (7) | ‘iRASFF’ means the electronic system implementing the RASFF and AAC procedures described in Article 50 of Regulation (EC) No 178/2002 and Articles 102 to 108 of Regulation (EU) 2017/625 respectively; |
| --- | --- |

(7)

‘iRASFF’ means the electronic system implementing the RASFF and AAC procedures described in Article 50 of Regulation (EC) No 178/2002 and Articles 102 to 108 of Regulation (EU) 2017/625 respectively;

| (8) | ‘risk’ means any direct or indirect risk to human health in connection with food, food contact material or feed in accordance with Article 50 of Regulation (EC) No 178/2002 or a serious risk to animal health or to the environment in connection with feed, including feed for animals not kept for food production, in accordance with Article 29 of Regulation (EC) No 183/2005; |
| --- | --- |

(8)

‘risk’ means any direct or indirect risk to human health in connection with food, food contact material or feed in accordance with Article 50 of Regulation (EC) No 178/2002 or a serious risk to animal health or to the environment in connection with feed, including feed for animals not kept for food production, in accordance with Article 29 of Regulation (EC) No 183/2005;

| (9) | ‘RASFF network’ means the Rapid alert system for the notification of risks as defined in point 8, established as a network by Article 50 of Regulation (EC) No 178/2002; |
| --- | --- |

(9)

‘RASFF network’ means the Rapid alert system for the notification of risks as defined in point 8, established as a network by Article 50 of Regulation (EC) No 178/2002;

| (10) | ‘AAC network’ means the network composed of the Commission and the liaison bodies designated by the Member States in accordance with Article 103(1) of Regulation (EU) 2017/625 for the purpose of facilitating communication between competent authorities; |
| --- | --- |

(10)

‘AAC network’ means the network composed of the Commission and the liaison bodies designated by the Member States in accordance with Article 103(1) of Regulation (EU) 2017/625 for the purpose of facilitating communication between competent authorities;

| (11) | ‘food fraud network’ means the network composed of the Commission, Europol and the liaison bodies designated by the Member States in accordance with Article 103(1) of Regulation (EU) 2017/625 for the specific purpose of facilitating the exchange of information on food fraud notifications as defined in point (21); |
| --- | --- |

(11)

‘food fraud network’ means the network composed of the Commission, Europol and the liaison bodies designated by the Member States in accordance with Article 103(1) of Regulation (EU) 2017/625 for the specific purpose of facilitating the exchange of information on food fraud notifications as defined in point (21);

| (12) | ‘alert and cooperation network’ means a network composed of the RASFF, AAC and food fraud networks; |
| --- | --- |

(12)

‘alert and cooperation network’ means a network composed of the RASFF, AAC and food fraud networks;

| (13) | ‘single contact point’ means a contact point composed of the RASFF and AAC contact points in each Member State, whether or not physically located in the same administrative unit; |
| --- | --- |

(13)

‘single contact point’ means a contact point composed of the RASFF and AAC contact points in each Member State, whether or not physically located in the same administrative unit;

| (14) | ‘non-compliance notification’ means a notification in iRASFF of a non-compliance that does not present a risk within the meaning of Article 50 of Regulation (EC) No 178/2002 and Article 106(1) of Regulation (EU) 2017/625, except non-serious risks to animal health and risks to plant health or animal welfare; |
| --- | --- |

(14)

‘non-compliance notification’ means a notification in iRASFF of a non-compliance that does not present a risk within the meaning of Article 50 of Regulation (EC) No 178/2002 and Article 106(1) of Regulation (EU) 2017/625, except non-serious risks to animal health and risks to plant health or animal welfare;

| (15) | ‘alert notification’ means a notification in iRASFF of a serious direct or indirect risk deriving from food, food contact material or feed within the meaning of Article 50 of Regulation (EC) No 178/2002 and Article 29 of Regulation (EC) No 183/2005 that requires or might require rapid action by another RASFF network member; |
| --- | --- |

(15)

‘alert notification’ means a notification in iRASFF of a serious direct or indirect risk deriving from food, food contact material or feed within the meaning of Article 50 of Regulation (EC) No 178/2002 and Article 29 of Regulation (EC) No 183/2005 that requires or might require rapid action by another RASFF network member;

| (16) | ‘information notification’ means a notification in iRASFF of a direct or indirect risk deriving from food, food contact material or feed according to Article 50 of Regulation (EC) No 178/2002 and Article 29 of Regulation (EC) No 183/2005 that does not require rapid action by another RASFF network member; |
| --- | --- |

(16)

‘information notification’ means a notification in iRASFF of a direct or indirect risk deriving from food, food contact material or feed according to Article 50 of Regulation (EC) No 178/2002 and Article 29 of Regulation (EC) No 183/2005 that does not require rapid action by another RASFF network member;

| (17) | ‘information notification for follow-up’ means an information notification related to a product that is or may be placed on the market of another RASFF network member’s country; |
| --- | --- |

(17)

‘information notification for follow-up’ means an information notification related to a product that is or may be placed on the market of another RASFF network member’s country;

| (18) | ‘information notification for attention’ means an information notification related to a product that:






  (i) | either is present only in the notifying network member’s country; or |
| --- | --- | --- |

(18)

‘information notification for attention’ means an information notification related to a product that:

(i)

either is present only in the notifying network member’s country; or

| (ii) | has not been placed on the market; or |
| --- | --- |

(ii)

has not been placed on the market; or

| (iii) | is no longer on the market; |
| --- | --- |

(iii)

is no longer on the market;

| (19) | ‘news notification’ means a notification in iRASFF concerning a risk deriving from food, food contact material or feed within the meaning of Article 50 of Regulation (EC) No 178/2002 and Article 29 of Regulation (EC) No 183/2005 that has an informal source, contains unverified information or concerns as yet an unidentified product; |
| --- | --- |

(19)

‘news notification’ means a notification in iRASFF concerning a risk deriving from food, food contact material or feed within the meaning of Article 50 of Regulation (EC) No 178/2002 and Article 29 of Regulation (EC) No 183/2005 that has an informal source, contains unverified information or concerns as yet an unidentified product;

| (20) | ‘border rejection notification’ means a notification in iRASFF of a rejection due to a risk as defined in point 8 of a batch, container or cargo of food, food contact material or feed as referred to in point (c) of Article 50(3) of Regulation (EC) No 178/2002; |
| --- | --- |

(20)

‘border rejection notification’ means a notification in iRASFF of a rejection due to a risk as defined in point 8 of a batch, container or cargo of food, food contact material or feed as referred to in point (c) of Article 50(3) of Regulation (EC) No 178/2002;

| (21) | ‘food fraud notification’ means a non-compliance notification in iRASFF concerning suspected intentional action by businesses or individuals for the purpose of deceiving purchasers and gaining undue advantage therefrom, in violation of the rules referred to in Article 1(2) of Regulation (EU) 2017/625; |
| --- | --- |

(21)

‘food fraud notification’ means a non-compliance notification in iRASFF concerning suspected intentional action by businesses or individuals for the purpose of deceiving purchasers and gaining undue advantage therefrom, in violation of the rules referred to in Article 1(2) of Regulation (EU) 2017/625;

| (22) | ‘original notification’ means a non-compliance notification, an alert notification, an information notification, a news notification, a food fraud notification or a border rejection notification; |
| --- | --- |

(22)

‘original notification’ means a non-compliance notification, an alert notification, an information notification, a news notification, a food fraud notification or a border rejection notification;

| (23) | ‘follow-up notification’ means a notification in iRASFF that contains additional information in relation to an original notification; |
| --- | --- |

(23)

‘follow-up notification’ means a notification in iRASFF that contains additional information in relation to an original notification;

| (24) | ‘request’ means a request for administrative assistance in iRASFF based on an original or follow-up notification and enabling the exchange of information pursuant to Articles 104 to 108 of Regulation (EU) 2017/625; |
| --- | --- |

(24)

‘request’ means a request for administrative assistance in iRASFF based on an original or follow-up notification and enabling the exchange of information pursuant to Articles 104 to 108 of Regulation (EU) 2017/625;

| (25) | ‘response’ means a response to a request for administrative assistance in iRASFF based on an original or follow-up notification and enabling the exchange of information pursuant to Articles 104 to 108 of Regulation (EU) 2017/625; |
| --- | --- |

(25)

‘response’ means a response to a request for administrative assistance in iRASFF based on an original or follow-up notification and enabling the exchange of information pursuant to Articles 104 to 108 of Regulation (EU) 2017/625;

| (26) | ‘notifying network member or contact point’ means the network member or contact point addressing a notification to another network member or contact point; |
| --- | --- |

(26)

‘notifying network member or contact point’ means the network member or contact point addressing a notification to another network member or contact point;

| (27) | ‘notified network member or contact point’ means the network member or contact point to which a notification is addressed by another network member or contact point; |
| --- | --- |

(27)

‘notified network member or contact point’ means the network member or contact point to which a notification is addressed by another network member or contact point;

| (28) | ‘requested network member or contact point’ means the network member or contact point to which a notification is addressed by another network member or contact point for the purpose of receiving a response; |
| --- | --- |

(28)

‘requested network member or contact point’ means the network member or contact point to which a notification is addressed by another network member or contact point for the purpose of receiving a response;

| (29) | ‘ADIS’ means the computerised information system for the notification and reporting of diseases to be set up and managed by the Commission in accordance with Article 22 of Regulation (EU) 2016/429; |
| --- | --- |

(29)

‘ADIS’ means the computerised information system for the notification and reporting of diseases to be set up and managed by the Commission in accordance with Article 22 of Regulation (EU) 2016/429;

| (30) | ‘ADIS network’ means the network composed of the Commission and Member States’ competent authorities for the functioning of ADIS; |
| --- | --- |

(30)

‘ADIS network’ means the network composed of the Commission and Member States’ competent authorities for the functioning of ADIS;

| (31) | ‘EUROPHYT’ means the electronic notification system to be established by the Commission and to be connected to, and compatible with, the IMSOC for Member States’ submission of EUROPHYT outbreak notifications in accordance with Article 103 of Regulation (EU) 2016/2031; |
| --- | --- |

(31)

‘EUROPHYT’ means the electronic notification system to be established by the Commission and to be connected to, and compatible with, the IMSOC for Member States’ submission of EUROPHYT outbreak notifications in accordance with Article 103 of Regulation (EU) 2016/2031;

| (32) | ‘EUROPHYT outbreak notification’ means a notification to be submitted in EUROPHYT of any of the following:






  (a) | the officially confirmed presence on the Union territory of a Union quarantine pest, as referred to in points (a) and (b) of the first paragraph of Article 11 of Regulation (EU) 2016/2031; |
| --- | --- | --- |

(32)

‘EUROPHYT outbreak notification’ means a notification to be submitted in EUROPHYT of any of the following:

(a)

the officially confirmed presence on the Union territory of a Union quarantine pest, as referred to in points (a) and (b) of the first paragraph of Article 11 of Regulation (EU) 2016/2031;

| (b) | the officially confirmed presence of a pest not included in the list of Union quarantine pests, as referred to in Article 29(1) of Regulation (EU) 2016/2031; |
| --- | --- |

(b)

the officially confirmed presence of a pest not included in the list of Union quarantine pests, as referred to in Article 29(1) of Regulation (EU) 2016/2031;

| (c) | the presence in, or the imminent danger of entry into, or spread within, the Union territory of a pest not included in the list of Union quarantine pests, as referred to in Article 30(1) of Regulation (EU) 2016/2031; |
| --- | --- |

(c)

the presence in, or the imminent danger of entry into, or spread within, the Union territory of a pest not included in the list of Union quarantine pests, as referred to in Article 30(1) of Regulation (EU) 2016/2031;

| (d) | the officially confirmed presence of a protected zone quarantine pest, as referred to in Article 33(1) of Regulation (EU) 2016/2031; |
| --- | --- |

(d)

the officially confirmed presence of a protected zone quarantine pest, as referred to in Article 33(1) of Regulation (EU) 2016/2031;

| (33) | ‘EUROPHYT interception notification’ means a notification to be submitted in TRACES in any of the situations described in point (c) of the first paragraph of Article 11, Article 40(4), Article 41(4), Article 46(4), the second, third and fourth subparagraphs of Article 49(6), Article 53(4), Article 54(4), Article 77(2) and Article 95(5) of Regulation (EU) 2016/2031; |
| --- | --- |

(33)

‘EUROPHYT interception notification’ means a notification to be submitted in TRACES in any of the situations described in point (c) of the first paragraph of Article 11, Article 40(4), Article 41(4), Article 46(4), the second, third and fourth subparagraphs of Article 49(6), Article 53(4), Article 54(4), Article 77(2) and Article 95(5) of Regulation (EU) 2016/2031;

| (34) | ‘EUROPHYT interception network’ means the network composed by the Commission and Member States’ competent authorities for EUROPHYT interception notifications; |
| --- | --- |

(34)

‘EUROPHYT interception network’ means the network composed by the Commission and Member States’ competent authorities for EUROPHYT interception notifications;

| (35) | ‘EUROPHYT outbreak network’ means the network composed by the Commission and Member States’ competent authorities for the functioning of EUROPHYT; |
| --- | --- |

(35)

‘EUROPHYT outbreak network’ means the network composed by the Commission and Member States’ competent authorities for the functioning of EUROPHYT;

| (36) | ‘TRACES’ means the computerised system referred to in Article 133(4) of Regulation (EU) 2017/625 for the purposes of exchanging data, information and documents; |
| --- | --- |

(36)

‘TRACES’ means the computerised system referred to in Article 133(4) of Regulation (EU) 2017/625 for the purposes of exchanging data, information and documents;

| (37) | ‘TRACES network’ means the network composed by the Commission and Member States’ competent authorities for the functioning of TRACES; |
| --- | --- |

(37)

‘TRACES network’ means the network composed by the Commission and Member States’ competent authorities for the functioning of TRACES;

| (38) | ‘electronic signature’ means an electronic signature as defined in point (10) of Article 3 of Regulation (EU) No 910/2014; |
| --- | --- |

(38)

‘electronic signature’ means an electronic signature as defined in point (10) of Article 3 of Regulation (EU) No 910/2014;

| (39) | ‘advanced electronic signature’ means an electronic signature complying with the technical specifications laid down in the Annex to Implementing Decision (EU) 2015/1506; |
| --- | --- |

(39)

‘advanced electronic signature’ means an electronic signature complying with the technical specifications laid down in the Annex to Implementing Decision (EU) 2015/1506;

| (40) | ‘qualified electronic signature’ means an electronic signature as defined in point (12) of Article 3 of Regulation (EU) No 910/2014; |
| --- | --- |

(40)

‘qualified electronic signature’ means an electronic signature as defined in point (12) of Article 3 of Regulation (EU) No 910/2014;

| (41) | ‘advanced electronic seal’ means an electronic seal complying with the technical specifications laid down in the Annex to Implementing Decision (EU) 2015/1506; |
| --- | --- |

(41)

‘advanced electronic seal’ means an electronic seal complying with the technical specifications laid down in the Annex to Implementing Decision (EU) 2015/1506;

| (42) | ‘qualified electronic seal’ means an electronic seal as defined in point (27) of Article 3 of Regulation (EU) No 910/2014; |
| --- | --- |

(42)

‘qualified electronic seal’ means an electronic seal as defined in point (27) of Article 3 of Regulation (EU) No 910/2014;

| (43) | ‘qualified electronic time stamp’ means an electronic time stamp as defined in point (34) of Article 3 of Regulation (EU) No 910/2014; |
| --- | --- |

(43)

‘qualified electronic time stamp’ means an electronic time stamp as defined in point (34) of Article 3 of Regulation (EU) No 910/2014;

| (44) | ‘control point’ means a control point as referred to in point (a) of Article 53(1) of Regulation (EU) 2017/625; |
| --- | --- |

(44)

‘control point’ means a control point as referred to in point (a) of Article 53(1) of Regulation (EU) 2017/625;

| (45) | ‘control unit’ means a unit that has the technology and equipment necessary for the efficient operation of the relevant component and designated as follows for that purpose:






  (a) | ‘central control unit’ for the central competent authority of a Member State; |
| --- | --- | --- |

(45)

‘control unit’ means a unit that has the technology and equipment necessary for the efficient operation of the relevant component and designated as follows for that purpose:

(a)

‘central control unit’ for the central competent authority of a Member State;

| (b) | ‘regional control unit’ for any regional competent authority of a Member State; |
| --- | --- |

(b)

‘regional control unit’ for any regional competent authority of a Member State;

| (c) | ‘local control unit’ for any local competent authority of a Member State. |
| --- | --- |

(c)

‘local control unit’ for any local competent authority of a Member State.

CHAPTER 2

CHAPTER 2

General principles and data protection

General principles and data protection

Article 3

IMSOC components

1.   The IMSOC shall be composed of the following components:

| (a) | iRASFF; |
| --- | --- |

(a)

iRASFF;

| (b) | ADIS; |
| --- | --- |

(b)

ADIS;

| (c) | EUROPHYT; |
| --- | --- |

(c)

EUROPHYT;

| (d) | TRACES. |
| --- | --- |

(d)

TRACES.

2.   The components referred to in paragraph 1 shall operate in compliance with the general principles and data protection rules laid down in this Chapter.

Article 4

Components, networks and contact points

1.   Each component shall have a network of which the Commission shall be part.

2.   Network members shall each designate at least one contact point and communicate that designation and its contact details to the Commission contact point. They shall inform the Commission contact point immediately of any changes in this respect.

3.   The Commission contact point shall maintain and keep up to date a list of contact points and make it available to all network members.

4.   The Commission shall establish a governance structure to steer the development of, identify priorities for and monitor the correct implementation of the IMSOC. The governance structure shall be composed of:

| (a) | an operations management board, in collaboration with the Member States, to discuss, at least once a year, priorities for and the development of each component; |
| --- | --- |

(a)

an operations management board, in collaboration with the Member States, to discuss, at least once a year, priorities for and the development of each component;

| (b) | sub-groups within the operations management board that regularly discuss priorities for and the development of specific functionalities of each component. |
| --- | --- |

(b)

sub-groups within the operations management board that regularly discuss priorities for and the development of specific functionalities of each component.

Article 5

Ownership and responsibilities for data, information and documents

1.   Each network member shall own and be responsible for the data, information and documents its contact point or users acting under its responsibility have inserted or produced in the relevant component.

2.   Each signatory, competent authority to which a signatory belongs or competent authority creating an electronic seal shall own and be responsible for the part of the documents it signs or seals in TRACES.

3.   Where more than one signatory signs a document in TRACES, each signatory shall own and be responsible for the part of the document that it signs.

Article 6

Links between components

1.   Links between components shall be aimed at:

| (a) | complementing data, information or documents in one or more components by data, information or documents already present in another component; and |
| --- | --- |

(a)

complementing data, information or documents in one or more components by data, information or documents already present in another component; and

| (b) | providing relevant and up-to-date information to each network member for the performance of its tasks in accordance with the rules set for each component in this Regulation; and |
| --- | --- |

(b)

providing relevant and up-to-date information to each network member for the performance of its tasks in accordance with the rules set for each component in this Regulation; and

| (c) | supporting and operating the procedures for






  (i) | determining and modifying the frequency rates of identity checks and physical checks to be performed on consignments of categories of animals and goods referred to in points (a), (b) and (c) of Article 47(1) of Regulation (EU) 2017/625; |
| --- | --- | --- |

(c)

supporting and operating the procedures for

(i)

determining and modifying the frequency rates of identity checks and physical checks to be performed on consignments of categories of animals and goods referred to in points (a), (b) and (c) of Article 47(1) of Regulation (EU) 2017/625;

| (ii) | applying the frequency of identity checks and physical checks to be performed on consignments of categories of animals or goods referred to in points (d), (e) and (f) of that Article; |
| --- | --- |

(ii)

applying the frequency of identity checks and physical checks to be performed on consignments of categories of animals or goods referred to in points (d), (e) and (f) of that Article;

| (iii) | the coordinated performance by competent authorities of the intensified official controls in case of suspicions of non-compliance referred to in Article 65(6) of that Regulation. |
| --- | --- |

(iii)

the coordinated performance by competent authorities of the intensified official controls in case of suspicions of non-compliance referred to in Article 65(6) of that Regulation.

2.   The links referred to in paragraph 1 shall consist in links between:

| (a) | iRASFF and TRACES, allowing the exchange of data concerning border rejection notifications and common health entry documents; |
| --- | --- |

(a)

iRASFF and TRACES, allowing the exchange of data concerning border rejection notifications and common health entry documents;

| (b) | EUROPHYT and TRACES, allowing the exchange of data concerning EUROPHYT outbreak and interception notifications; |
| --- | --- |

(b)

EUROPHYT and TRACES, allowing the exchange of data concerning EUROPHYT outbreak and interception notifications;

| (c) | iRASFF, EUROPHYT and TRACES, allowing the exchange of data concerning operators’ past records as regards compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625. |
| --- | --- |

(c)

iRASFF, EUROPHYT and TRACES, allowing the exchange of data concerning operators’ past records as regards compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625.

Article 7

Electronic data exchange between components and other electronic systems

1.   Data exchanges between the IMSOC and other electronic systems, including the Member States’ national systems, shall:

| (a) | be based on international standards that are relevant for the component and use XML, CMS or PDF formats; |
| --- | --- |

(a)

be based on international standards that are relevant for the component and use XML, CMS or PDF formats;

| (b) | use the specific data dictionaries and business rules provided for in the relevant component. |
| --- | --- |

(b)

use the specific data dictionaries and business rules provided for in the relevant component.

2.   The Commission shall provide the Member States with:

| (a) | the frequency of identity checks and physical checks referred to in point (c)(i) of Article 6(1); |
| --- | --- |

(a)

the frequency of identity checks and physical checks referred to in point (c)(i) of Article 6(1);

| (b) | the frequency rates and the outcome of the coordinated performance by competent authorities of the intensified official controls referred to in point (c)(iii) of Article 6(1); |
| --- | --- |

(b)

the frequency rates and the outcome of the coordinated performance by competent authorities of the intensified official controls referred to in point (c)(iii) of Article 6(1);

| (c) | the data dictionaries and business rules referred to in point (b) of paragraph 1. |
| --- | --- |

(c)

the data dictionaries and business rules referred to in point (b) of paragraph 1.

3.   In collaboration with the Member States, the Commission shall draw-up a service-level agreement governing the maintenance of the electronic data exchange between the relevant component and other electronic systems, including the Member States’ national systems.

Article 8

Obligations and rights of the Commission

1.   The Commission shall ensure the functioning, maintenance, support and any necessary updating or development of the software and the IT infrastructure of the components.

2.   The Commission shall have access to all data, information and documents in each component in order to monitor the exchange of data, information and documents inserted or produced therein for identifying activities that are, or appear to be, not in compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625, and:

| (a) | either have, or might have, ramifications in more than one Member State; or |
| --- | --- |

(a)

either have, or might have, ramifications in more than one Member State; or

| (b) | are, or appear to be, taking place in more than one Member State. |
| --- | --- |

(b)

are, or appear to be, taking place in more than one Member State.

Article 9

Conditions for the granting of partial access to the IMSOC to third countries and international organisations

1.   On receipt of a duly justified application, the Commission, in collaboration with the Member States, may grant the competent authority of a third country or an international organisation partial access to the functionalities of one or more components and to specific data, information and documents inserted or produced therein, provided the applicant demonstrates, in respect of the component(s) in question, that it meets the following requirements:

| (a) | it has the legal and operational capacity to provide, without undue delay, the assistance necessary to allow the good functioning of the component to which partial access is requested; |
| --- | --- |

(a)

it has the legal and operational capacity to provide, without undue delay, the assistance necessary to allow the good functioning of the component to which partial access is requested;

| (b) | it has designated a contact point for that purpose; |
| --- | --- |

(b)

it has designated a contact point for that purpose;

2.   The partial access referred to in paragraph 1 shall not include access to personal data processed in the component(s) to which the partial access is granted.

3.   By way of derogation from paragraph 2, partial access may include access to personal data where the conditions for lawful transfers of personal data established by Regulations (EU) 2016/679 and (EU) 2018/1725 are fulfilled by the applicant third country or international organisation.

Article 10

Personal data processing

1.   Personal data shall be processed in each component for the purpose of performing official controls and other official activities. In particular, personal data shall belong to one of the following categories:

| (a) | contact points, operators, importers, exporters, transporters and laboratory technicians when personal data is required by Union law; |
| --- | --- |

(a)

contact points, operators, importers, exporters, transporters and laboratory technicians when personal data is required by Union law;

| (b) | users of each component. |
| --- | --- |

(b)

users of each component.

2.   In processing personal data pursuant to this Regulation, Member States shall comply with Regulation (EU) 2016/679 and Directive (EU) 2016/680 and the Commission with Regulation (EU) 2018/1725.

Article 11

Data controllers and joint controllership

1.   The Commission and the competent authorities of the Member States shall be joint controllers of data processing operations in each of the components.

2.   The Commission shall be responsible for:

| (a) | determining and implementing the technical means to enable data subjects to exercise their rights, and ensuring that those rights are exercised in compliance with Regulation (EU) 2018/1725; |
| --- | --- |

(a)

determining and implementing the technical means to enable data subjects to exercise their rights, and ensuring that those rights are exercised in compliance with Regulation (EU) 2018/1725;

| (b) | ensuring the security of processing within each component pursuant to Article 33 of Regulation (EU) 2018/1725; |
| --- | --- |

(b)

ensuring the security of processing within each component pursuant to Article 33 of Regulation (EU) 2018/1725;

| (c) | determining the categories of its staff and external providers to whom access to the components may be granted; |
| --- | --- |

(c)

determining the categories of its staff and external providers to whom access to the components may be granted;

| (d) | notifying and communicating any personal data breach of the components to the European Data Protection Supervisor pursuant to Article 34 of Regulation (EU) 2018/1725 and to the data subject pursuant to Article 35 of that Regulation respectively; |
| --- | --- |

(d)

notifying and communicating any personal data breach of the components to the European Data Protection Supervisor pursuant to Article 34 of Regulation (EU) 2018/1725 and to the data subject pursuant to Article 35 of that Regulation respectively;

| (e) | ensuring that its staff and external providers are adequately trained to perform their tasks in accordance with Regulation (EU) 2018/1725. |
| --- | --- |

(e)

ensuring that its staff and external providers are adequately trained to perform their tasks in accordance with Regulation (EU) 2018/1725.

3.   The competent authorities of the Member States shall be responsible for:

| (a) | ensuring that data subject’s rights are exercised in compliance with Regulation (EU) 2016/679 and this Regulation; |
| --- | --- |

(a)

ensuring that data subject’s rights are exercised in compliance with Regulation (EU) 2016/679 and this Regulation;

| (b) | ensuring the security and confidentiality of personal data pursuant to Section 2 of Chapter IV of Regulation (EU) 2016/679; |
| --- | --- |

(b)

ensuring the security and confidentiality of personal data pursuant to Section 2 of Chapter IV of Regulation (EU) 2016/679;

| (c) | designating the staff that are to have access to each component; |
| --- | --- |

(c)

designating the staff that are to have access to each component;

| (d) | ensuring that staff accessing each component are adequately trained to perform their tasks in accordance with Regulation (EU) 2016/679 and, where relevant, Directive (EU) 2016/680. |
| --- | --- |

(d)

ensuring that staff accessing each component are adequately trained to perform their tasks in accordance with Regulation (EU) 2016/679 and, where relevant, Directive (EU) 2016/680.

4.   The competent authorities of the Member States may designate different joint controllers within the same Member State for the purpose of fulfilling one or more of the obligations referred to in paragraph 3.

CHAPTER 3

CHAPTER 3

Components, networks and contact points

Components, networks and contact points

SECTION 1

iRASFF

iRASFF

Article 12

Liaison bodies responsible for the exchange of certain types of information

Member States shall indicate which of the liaison bodies designated in accordance with Article 103(1) of Regulation (EU) 2017/625 are responsible for exchanging information on food fraud notifications.

Article 13

Single contact point

1.   The single contact point in each Member State shall be responsible for:

| (a) | setting up effective arrangements for the smooth exchange of relevant information with all relevant competent authorities within its jurisdiction, allowing the immediate transmission of notifications, requests or responses to the competent authorities for appropriate action, and maintaining the notifications, requests or responses in good order; |
| --- | --- |

(a)

setting up effective arrangements for the smooth exchange of relevant information with all relevant competent authorities within its jurisdiction, allowing the immediate transmission of notifications, requests or responses to the competent authorities for appropriate action, and maintaining the notifications, requests or responses in good order;

| (b) | determining its roles and responsibilities and those of the relevant competent authorities within its jurisdiction as regards preparing and transmitting notifications, requests and responses, and assessing and distributing notifications, requests and responses from other members of the alert and cooperation network. |
| --- | --- |

(b)

determining its roles and responsibilities and those of the relevant competent authorities within its jurisdiction as regards preparing and transmitting notifications, requests and responses, and assessing and distributing notifications, requests and responses from other members of the alert and cooperation network.

2.   Member States may include their food fraud network contact point in their single contact point.

3.   Communication within the RASFF network shall take place through the single contact point.

Article 14

Duties of the members of the alert and cooperation network

1.   Members of the alert and cooperation network shall ensure the efficient functioning of their networks within their jurisdiction.

2.   Each designated alert and cooperation network contact point shall communicate to the Commission contact point detailed information regarding the persons operating it and their contact details. For that purpose, it shall use the contact point information template provided by the Commission.

3.   RASFF network contact points shall ensure that an on-duty officer is available for emergency communications on a 24/7 basis.

Article 15

Information exchanged in iRASFF

1.   Information exchanges between alert and cooperation network contact points for the purposes of Article 50 of Regulation (EC) No 178/2002 and Title IV of Regulation (EU) 2017/625 shall be made in iRASFF only and in the form of notifications, requests and responses.

2.   The alert and cooperation network contact points shall complete the relevant fields of a notification to enable clear identification of the product, risk(s), instances of non-compliance and suspected fraud concerned, provide traceability information where possible and identify contact points responsible for any follow-up to a notification or response to a request.

3.   Notifications may be transmitted in the form of original or follow-up notifications.

4.   Requests and responses shall indicate the alert and cooperation network contact point(s) to which the request or response is addressed.

Article 16

Non-compliance notifications

1.   Alert and cooperation network contact points shall exchange without undue delay non-compliance notifications including at least the following:

| (a) | the name of the competent authority dealing with the notification, if different from the contact point; |
| --- | --- |

(a)

the name of the competent authority dealing with the notification, if different from the contact point;

| (b) | a description of the possible non-compliance; |
| --- | --- |

(b)

a description of the possible non-compliance;

| (c) | the identification, where possible, of the operators associated with the possible non-compliance; |
| --- | --- |

(c)

the identification, where possible, of the operators associated with the possible non-compliance;

| (d) | details of the animals or goods involved; |
| --- | --- |

(d)

details of the animals or goods involved;

| (e) | any information concerning suspected risks; |
| --- | --- |

(e)

any information concerning suspected risks;

| (f) | an indication as to whether the notification relates to a possible instance of non-compliance perpetrated through fraudulent practices. |
| --- | --- |

(f)

an indication as to whether the notification relates to a possible instance of non-compliance perpetrated through fraudulent practices.

2.   The Commission contact point shall verify each non-compliance notification after it has been exchanged, without undue delay.

Article 17

Alert notifications

1.   RASFF network contact points shall submit alert notifications to the Commission contact point without undue delay and in any event within 48 hours of the risk being reported to them.

2.   Alert notifications shall include all available information required by Article 16(1) and any information on the risk and the product from which it derives. However, the fact that not all relevant information has been collected shall not unduly delay transmission of alert notifications.

3.   The Commission contact point shall verify alert notifications and transmit them to the alert and cooperation network contact points within 24 hours of receiving them.

4.   Outside Commission office hours, RASFF network contact points shall announce the transmission of an alert notification or follow-up to an alert notification by telephone call to the emergency phone number of the Commission contact point and specify which RASFF network member’s countries are concerned. The Commission contact point shall inform the RASFF network contact points concerned by a telephone call to their emergency phone numbers.

Article 18

Information notifications

1.   RASFF network contact points shall submit information notifications to the Commission contact point without undue delay.

2.   Information notifications shall include all available information required by Article 16(1) and any information on the risk and the product from which it derives.

3.   The Commission contact point shall verify information notifications and transmit them to the alert and cooperation network contact points without undue delay on receiving them.

Article 19

News notifications

1.   Alert and cooperation network contact points may submit news notifications to the Commission contact point.

2.   News notifications shall include all the information required by Article 16(1), where available.

3.   The Commission contact point shall verify news notifications and transmit them to the alert and cooperation network contact points without undue delay on receiving them.

Article 20

Border rejection notifications

1.   RASFF network contact points shall transmit border rejection notifications to the alert and cooperation network contact points without undue delay.

2.   Border rejection notifications shall include all information required by Article 16(1) and any information on the risk and the product from which it derives.

3.   The information referred to in paragraph 2 shall be transmitted through TRACES to all border control posts.

4.   The Commission contact point shall verify each border rejection notification after it has been transmitted.

Article 21

Food fraud notifications

1.   Food fraud network contact points shall exchange food fraud notifications including at least the following:

| (a) | all the information required by Article 16(1); |
| --- | --- |

(a)

all the information required by Article 16(1);

| (b) | a description of the suspected fraudulent practice; |
| --- | --- |

(b)

a description of the suspected fraudulent practice;

| (c) | the identification, where possible, of the operators involved; |
| --- | --- |

(c)

the identification, where possible, of the operators involved;

| (d) | information as to whether there are ongoing police or judicial investigations into the suspected fraudulent practice; |
| --- | --- |

(d)

information as to whether there are ongoing police or judicial investigations into the suspected fraudulent practice;

| (e) | information on any instruction from the police or judiciary authority as soon as it is available and can be disclosed. |
| --- | --- |

(e)

information on any instruction from the police or judiciary authority as soon as it is available and can be disclosed.

2.   Food fraud network contact points shall communicate any information concerning health risks to their RASFF network contact point without undue delay.

3.   The Commission contact point shall verify each food fraud notification after it has been exchanged, without undue delay.

Article 22

Follow-up notifications

1.   Where an alert and cooperation network member has additional information relating to an original notification, the contact point(s) concerned shall immediately transmit a follow-up notification to that network.

2.   Where a contact point referred to in paragraph 1 has requested follow-up information relating to an original notification, the alert and cooperation network shall be provided with such information to the extent possible and without undue delay.

3.   Where a RASFF network member takes action on receipt of an original notification in accordance with Article 50(5) of Regulation (EC) No 178/2002, its contact point shall immediately transmit a detailed follow-up notification to the alert and cooperation network.

4.   Where the action referred to in paragraph 3 consists of detaining a product and returning to a dispatcher in the country of another RASFF network member:

| (a) | the network member taking the action shall provide relevant information about the returned product in a follow-up notification, unless that information was already included in full in the original notification; |
| --- | --- |

(a)

the network member taking the action shall provide relevant information about the returned product in a follow-up notification, unless that information was already included in full in the original notification;

| (b) | the other network member shall provide information in a follow-up notification on the action taken on the returned product. |
| --- | --- |

(b)

the other network member shall provide information in a follow-up notification on the action taken on the returned product.

5.   By way of derogation from paragraph 1, where a follow-up notification changes the classification of an original notification to an alert or an information notification, the alert and cooperation network member shall submit it to the Commission contact point for verification and transmission to the alert and cooperation network contact points within the delays laid down in Article 17 or Article 18.

Article 23

Access to iRASFF notifications

1.   All alert and cooperation network members shall have access to alert, information, news or border rejection notifications.

2.   Without prejudice to the Commissions’ right of access pursuant to Article 8(2), only the notifying, notified and requested alert and cooperation network members shall have access to non-compliance notifications. However, other network members shall have access to the information referred to in points (a), (b) and (e) of Article 16(1).

3.   Without prejudice to the Commissions’ right of access pursuant to Article 8(2), only the notifying, notified and requested contact points of the food fraud network shall have access to food fraud notifications.

Article 24

Verification and publication of notifications

1.   The Commission contact point’s verification of notifications shall cover:

| (a) | the completeness and legibility of the notification; |
| --- | --- |

(a)

the completeness and legibility of the notification;

| (b) | the correctness of the legal basis supporting the notification; however an incorrect legal basis shall not prevent transmission of the notification if a risk has been identified; |
| --- | --- |

(b)

the correctness of the legal basis supporting the notification; however an incorrect legal basis shall not prevent transmission of the notification if a risk has been identified;

| (c) | whether the notification falls within the scope of the RASFF network; |
| --- | --- |

(c)

whether the notification falls within the scope of the RASFF network;

| (d) | whether the essential information in the notification is provided in a language that the alert and cooperation network contact point will easily understand; |
| --- | --- |

(d)

whether the essential information in the notification is provided in a language that the alert and cooperation network contact point will easily understand;

| (e) | compliance with this Regulation; |
| --- | --- |

(e)

compliance with this Regulation;

| (f) | possible recurrences of the same operator and/or hazard and/or country of origin. |
| --- | --- |

(f)

possible recurrences of the same operator and/or hazard and/or country of origin.

2.   By way of derogation from paragraph 1, verification of non-compliance, food fraud and border rejection notifications shall cover points (b), (c) and (e) of that paragraph.

3.   Once the Commission contact point has verified a notification in accordance with paragraph 1 or 2, it may publish a summary of alert, information, border rejection and non-compliance notifications, with information on the classification and status of the notification, the product and risk(s) identified, the country of origin, the countries in which the product was distributed, the notifying network member, the basis for the notification and the measures taken.

4.   The Commission shall publish an annual report on the notifications transmitted in iRASFF.

Article 25

Notification withdrawal and amendments

1.   Where the action to be taken appears to be based on unfounded information or the notification was transmitted erroneously, any alert and cooperation network contact point may ask:

| (a) | a notifying contact point to withdraw a non-compliance, food fraud or follow-up notification; |
| --- | --- |

(a)

a notifying contact point to withdraw a non-compliance, food fraud or follow-up notification;

| (b) | the Commission contact point, with the agreement from the notifying contact point, to withdraw an alert, information, border rejection or news notification. |
| --- | --- |

(b)

the Commission contact point, with the agreement from the notifying contact point, to withdraw an alert, information, border rejection or news notification.

2.   Any alert and cooperation network contact point may request amendments to a notification with the agreement of the notifying contact point.

3.   A follow-up notification shall not be considered an amendment to a notification and may therefore be transmitted without the agreement of any other network member, unless such follow-up notification changes the classification of the notification.

Article 26

Closure of a notification and storage period of personal data

1.   A notification is automatically closed in iRASFF if:

| (a) | no follow-up requests are pending; or |
| --- | --- |

(a)

no follow-up requests are pending; or

| (b) | all requests have received a response; or |
| --- | --- |

(b)

all requests have received a response; or

| (c) | no response to the last request is provided within 6 months of its transmission. |
| --- | --- |

(c)

no response to the last request is provided within 6 months of its transmission.

2.   Personal data from closed notifications shall be stored for no longer than 10 years.

Article 27

Exchange of information with third countries

1.   Where an alert, information or border rejection notification concerns a product originating in or distributed to a third country that does not have access to iRASFF or TRACES, the Commission shall inform that third country without undue delay.

2.   Where a non-compliance or food fraud notification concerns a product originating in or distributed to a third country that does not have access to iRASFF or TRACES, the Commission may inform that third country.

Article 28

Contingency arrangements for iRASFF

1.   Where iRASFF is unavailable:

| (a) | the RASFF network contact points shall announce the transmission of an email concerning an alert notification or follow-up to an alert notification by a telephone call to the emergency phone number of the Commission contact point. The Commission contact point shall inform the RASFF network contact points required to follow-up by a telephone call to their emergency phone numbers; |
| --- | --- |

(a)

the RASFF network contact points shall announce the transmission of an email concerning an alert notification or follow-up to an alert notification by a telephone call to the emergency phone number of the Commission contact point. The Commission contact point shall inform the RASFF network contact points required to follow-up by a telephone call to their emergency phone numbers;

| (b) | the AAC network contact points shall exchange information via email; |
| --- | --- |

(b)

the AAC network contact points shall exchange information via email;

| (c) | the food fraud network contact points shall exchange information on food fraud notifications via email; |
| --- | --- |

(c)

the food fraud network contact points shall exchange information on food fraud notifications via email;

| (d) | the exchanges referred to in points (b) and (c) shall not trigger the request and response mechanism. |
| --- | --- |

(d)

the exchanges referred to in points (b) and (c) shall not trigger the request and response mechanism.

2.   Once iRASFF becomes available again, the alert and cooperation network contact points shall insert in it the information exchanged outside the system.

SECTION 2

ADIS

ADIS

Article 29

ADIS network

1.   Each ADIS network member may designate more than one contact point for the submission in ADIS of

| (a) | notifications of outbreaks pursuant to Article 19 of Regulation (EU) 2016/429; |
| --- | --- |

(a)

notifications of outbreaks pursuant to Article 19 of Regulation (EU) 2016/429;

| (b) | reports as provided for in Article 20 of Regulation (EU) 2016/429. |
| --- | --- |

(b)

reports as provided for in Article 20 of Regulation (EU) 2016/429.

2.   Each ADIS network contact point shall maintain and keep up to date in ADIS the list of notification and reporting regions established by its Member State for the purpose of the notification and reporting provided for in Article 19 and Article 20 of Regulation (EU) 2016/429.

SECTION 3

EUROPHYT

EUROPHYT

Article 30

EUROPHYT network

Each EUROPHYT network member shall designate:

| (a) | a contact point responsible for submitting EUROPHYT outbreak notifications to the EUROPHYT outbreak network; |
| --- | --- |

(a)

a contact point responsible for submitting EUROPHYT outbreak notifications to the EUROPHYT outbreak network;

| (b) | a contact point responsible for:






  (i) | supervising the submission of EUROPHYT interception notifications to the EUROPHYT interception network, in accordance with Article 33, for consignments of plants, plant products and other objects entering the Union; |
| --- | --- | --- |

(b)

a contact point responsible for:

(i)

supervising the submission of EUROPHYT interception notifications to the EUROPHYT interception network, in accordance with Article 33, for consignments of plants, plant products and other objects entering the Union;

| (ii) | submitting EUROPHYT interception notifications to the relevant third countries and international organisations, for consignments of plants, plant products and other objects entering the Union; |
| --- | --- |

(ii)

submitting EUROPHYT interception notifications to the relevant third countries and international organisations, for consignments of plants, plant products and other objects entering the Union;

| (iii) | submitting EUROPHYT interception notifications to the EUROPHYT interception network, for consignments of plants, plant products and other objects traded in the Union. |
| --- | --- |

(iii)

submitting EUROPHYT interception notifications to the EUROPHYT interception network, for consignments of plants, plant products and other objects traded in the Union.

Article 31

Access to EUROPHYT outbreak and interception notifications

Without prejudice to the Commissions’ right of access pursuant to Article 8(2), only the EUROPHYT network concerned shall have access to EUROPHYT outbreak or interception notifications.

Article 32

Submission of EUROPHYT outbreak notifications to the EUROPHYT outbreak network

1.   EUROPHYT network contact points shall submit in EUROPHYT an outbreak notification containing at least the information indicated in points 1.1, 1.3, 2.1, 2.2, 3.1, 4.1, 5.1, 5.2, 6.4 and 8 of Annex I to this Regulation no later than eight working days after the date of the official confirmation by the responsible official body of the presence of a pest as referred to in points (a) and (b) of the first paragraph of Article 11, Article 29(1), Article 30(1) and Article 33(1) of Regulation (EU) 2016/2031.

2.   Where the presence of a pest is officially confirmed pursuant to paragraph 1, the notification shall also contain the information indicated in point 5.6 of Annex I.

3.   The network contact points shall submit in EUROPHYT a notification containing the information indicated in points 1.2, 3.2, 4.2, 4.3, 4.4, 5.3 to 5.6, 6.1, 6.2, 6.3, 6.5, 6.6, 6.7, 7.1 to 7.6, 9 and 10 of Annex I no later than thirty days after the relevant date referred to in paragraph 1.

4.   EUROPHYT network contact points shall update the notifications referred to in paragraphs 1 and 3 as soon as they have verified any relevant new information that has been made available to them or the competent authority has taken new measures.

Article 33

Use of TRACES for the submission of EUROPHYT interception notifications to the EUROPHYT interception network

1.   The official plant health officer taking the decision on consignments of plants, plant products and other objects entering the Union in accordance with point (b) of Article 55(2) of Regulation (EU) 2017/625 shall submit EUROPHYT interception notifications on those consignments in TRACES within two working days of their interception.

2.   The notifications referred to in paragraph 1 shall include the following information:

| (a) | the information to be recorded in the CHED referred to in point (c) of Article 40(1); |
| --- | --- |

(a)

the information to be recorded in the CHED referred to in point (c) of Article 40(1);

| (b) | additional information on the measures taken on the consignment; |
| --- | --- |

(b)

additional information on the measures taken on the consignment;

| (c) | information on the quarantine imposed; |
| --- | --- |

(c)

information on the quarantine imposed;

| (d) | any further information on the interception where available. |
| --- | --- |

(d)

any further information on the interception where available.

3.   EUROPHYT network contact points shall submit EUROPHYT interception notifications on consignments of plants, plant products and other objects traded in the Union in TRACES within two working days of their interception. Those notifications shall include the information referred to in paragraph 2.

Article 34

Storage period of personal data for EUROPHYT outbreak notifications

EUROPHYT shall store personal data from EUROPHYT outbreak notifications for no more than 10 years.

SECTION 4

TRACES

TRACES

Article 35

TRACES network

1.   Without prejudice to Article 4(2), each TRACES network member shall designate one or more contact points for the functionalities provided for in point (d) of Article 132 and in Article 133 of Regulation (EU) 2017/625 or in other Union legislation referring to TRACES.

2.   Contact points designated for the submission of EUROPHYT interception notifications shall also be considered contact points for that functionality in TRACES.

Article 36

Access to data, information and documents in TRACES

1.   Each operator shall have access to the data, information or documents it handles, produces or transmits in TRACES.

2.   Each competent authority shall have access to data, information or documents handled, produced or transmitted under its area of responsibility in TRACES, whether by its own staff or by the operators it manages in TRACES.

3.   Where more than one competent authority handle, produce or transmit data, information or documents in TRACES, they shall have access to all such data, information and documents.

4.   Without prejudice to the Commissions’ right of access pursuant to Article 8(2), entities that have not contributed to the handling, production or transmission of data, information or documents in TRACES, or are not involved in the placing on the market or the movement concerned, shall not have access to such data, information or documents.

5.   By way of derogation from paragraph 4 of this Article, competent authorities shall have access to data, information and documents concerning a decision to refuse entry of a consignment or an order to take an action, recorded in TRACES in accordance with Article 66(5) of Regulation (EU) 2017/625.

Article 37

Exchanges between TRACES and other electronic systems

1.   Data exchanges between TRACES and other electronic systems, including the Member States’ national systems, shall be synchronous, reciprocal and based on UN/CEFACT, IPPC and OIE standards.

2.   Data exchanges between TRACES and the Member States’ national systems shall make use of reference data provided in TRACES.

Article 38

Cooperation between authorities in Member States in relation to consignments entering the Union

1.   For the purpose of the cooperation provided for in Article 75(1) of Regulation (EU) 2017/625, the Member States’ customs authorities shall have access to data, information and documents relating to animals and goods entering the Union from third countries and to decisions taken on the basis of official controls carried out in accordance with Chapter V of Title II of that Regulation, through:

| (a) | TRACES or their Member States’ national systems; or |
| --- | --- |

(a)

TRACES or their Member States’ national systems; or

| (b) | the EU Single Window environment for customs based on the electronic customs systems referred to in Decision No 70/2008/EC and interconnected with TRACES. |
| --- | --- |

(b)

the EU Single Window environment for customs based on the electronic customs systems referred to in Decision No 70/2008/EC and interconnected with TRACES.

2.   Where the access referred to in paragraph 1 is not available, Member States shall ensure without undue delay that their customs and competent authorities reciprocally exchange in a timely manner, the relevant data, information and documents.

Article 39

Issuance of electronic official certificates and use of electronic signatures

1.   Electronic official certificates for consignments of animals and goods entering the Union shall meet all of the following requirements:

| (a) | they shall be issued in one of the following systems:






  (i) | TRACES; |
| --- | --- | --- |

(a)

they shall be issued in one of the following systems:

(i)

TRACES;

| (ii) | a Member State’s national system; |
| --- | --- |

(ii)

a Member State’s national system;

| (iii) | a third country or an international organisation’s electronic certification system that is capable of exchanging data with TRACES; |
| --- | --- |

(iii)

a third country or an international organisation’s electronic certification system that is capable of exchanging data with TRACES;

| (iv) | a third country or an international organisation’s electronic certification system that is capable of exchanging data with a Member State’s national system; |
| --- | --- |

(iv)

a third country or an international organisation’s electronic certification system that is capable of exchanging data with a Member State’s national system;

| (b) | they shall be signed by an authorised officer with an advanced or qualified electronic signature; |
| --- | --- |

(b)

they shall be signed by an authorised officer with an advanced or qualified electronic signature;

| (c) | they shall bear the advanced or qualified electronic seal of the issuing competent authority, or the advanced or qualified electronic signature of its legal representative; |
| --- | --- |

(c)

they shall bear the advanced or qualified electronic seal of the issuing competent authority, or the advanced or qualified electronic signature of its legal representative;

| (d) | they shall use a qualified electronic time stamp. |
| --- | --- |

(d)

they shall use a qualified electronic time stamp.

2.   Where electronic official certificates are issued in accordance with point (a)(iii) or (iv) of paragraph 1, TRACES or the Member State’s national system shall acknowledge the exchange of data through the advanced or qualified electronic seal of the issuing third country’s competent authority, or the advanced or qualified electronic signature of its legal representative.

In such cases, the signature of the authorised officer referred to in point (b) of paragraph 1 is not required.

3.   The Commission shall be notified in advance of the issuance of electronic official certificates in accordance with point (a)(iv) of paragraph 1.

4.   The competent authority shall accept electronic phytosanitary certificates, as required for the introduction of plants, plant products and other objects into the Union territory in accordance with Section 1 of Chapter VI of Regulation (EU) 2016/2031, only where they are issued in accordance with point (a)(i) or (iii) of paragraph 1 of this Article.

Article 40

Format of the CHED and instructions for its presentation and use

1.   The CHED shall contain entries for the information set out in Part 1 of Annex II to this Regulation and be used by the operator and the competent authorities in accordance with Article 56(3) of Regulation (EU) 2017/625 in one of the following formats, depending on the category of the consignment established in Article 47(1) of that Regulation:

| (a) | a CHED-A drawn up in accordance with the template in Section A of Part 2 of Annex II to this Regulation, for consignments of animals that are:






  (i) | referred to in point (a) of Article 47(1) of Regulation (EU) 2017/625; or |
| --- | --- | --- |

(a)

a CHED-A drawn up in accordance with the template in Section A of Part 2 of Annex II to this Regulation, for consignments of animals that are:

(i)

referred to in point (a) of Article 47(1) of Regulation (EU) 2017/625; or

| (ii) | subject at their entry into the Union to measures provided for in points (e) or (f) of Article 47(1) of Regulation (EU) 2017/625; |
| --- | --- |

(ii)

subject at their entry into the Union to measures provided for in points (e) or (f) of Article 47(1) of Regulation (EU) 2017/625;

| (b) | a CHED-P drawn up in accordance with the template in Section B of Part 2 of Annex II to this Regulation, for consignments of products that are:






  (i) | referred to in point (b) of Article 47(1) of Regulation (EU) 2017/625; or |
| --- | --- | --- |

(b)

a CHED-P drawn up in accordance with the template in Section B of Part 2 of Annex II to this Regulation, for consignments of products that are:

(i)

referred to in point (b) of Article 47(1) of Regulation (EU) 2017/625; or

| (ii) | subject at their entry into the Union to measures provided for in points (d), (e) or (f) of Article 47(1) of Regulation (EU) 2017/625; |
| --- | --- |

(ii)

subject at their entry into the Union to measures provided for in points (d), (e) or (f) of Article 47(1) of Regulation (EU) 2017/625;

| (c) | a CHED-PP drawn up in accordance with the template in Section C of Part 2 of Annex II to this Regulation, for consignments of:






  (i) | plants, plant products and other objects referred to in point (c) of Article 47(1) of Regulation (EU) 2017/625; or |
| --- | --- | --- |

(c)

a CHED-PP drawn up in accordance with the template in Section C of Part 2 of Annex II to this Regulation, for consignments of:

(i)

plants, plant products and other objects referred to in point (c) of Article 47(1) of Regulation (EU) 2017/625; or

| (ii) | plants, plant products and other objects subject at their entry into the Union to one of the measures or conditions provided for in points (d), (e) or (f) of Article 47(1) of Regulation (EU) 2017/625; or |
| --- | --- |

(ii)

plants, plant products and other objects subject at their entry into the Union to one of the measures or conditions provided for in points (d), (e) or (f) of Article 47(1) of Regulation (EU) 2017/625; or

| (iii) | specific plants, plant products and other objects of a particular origin or provenance for which a minimum level of official controls is necessary to respond to recognised uniform hazards and risks to plant health as provided for in Implementing Regulation (EU) 2019/66; |
| --- | --- |

(iii)

specific plants, plant products and other objects of a particular origin or provenance for which a minimum level of official controls is necessary to respond to recognised uniform hazards and risks to plant health as provided for in Implementing Regulation (EU) 2019/66;

| (d) | a CHED-D drawn up in accordance with the template in Section D of Part 2 of Annex II to this Regulation, for consignments of feed and food of non-animal origin subject at their entry into the Union to any of the measures or conditions provided for in points (d), (e) or (f) of Article 47(1) of Regulation (EU) 2017/625. |
| --- | --- |

(d)

a CHED-D drawn up in accordance with the template in Section D of Part 2 of Annex II to this Regulation, for consignments of feed and food of non-animal origin subject at their entry into the Union to any of the measures or conditions provided for in points (d), (e) or (f) of Article 47(1) of Regulation (EU) 2017/625.

2.   The CHED referred to in paragraph 1 shall be:

| (a) | drawn up in at least one of the official languages of the Member State of entry; |
| --- | --- |

(a)

drawn up in at least one of the official languages of the Member State of entry;

| (b) | duly completed in at least one of the official languages of the Member State of entry in accordance with the explanatory notes provided for in Part 1 of Annex II to this Regulation, by:






  (i) | the operator responsible for the consignment, as regards the information on the details of the consignment, as described in Part I of the templates in Sections A to D of Part 2 of that Annex; |
| --- | --- | --- |

(b)

duly completed in at least one of the official languages of the Member State of entry in accordance with the explanatory notes provided for in Part 1 of Annex II to this Regulation, by:

(i)

the operator responsible for the consignment, as regards the information on the details of the consignment, as described in Part I of the templates in Sections A to D of Part 2 of that Annex;

| (ii) | the competent authority at a border control post or control point, as regards the information on the decision taken on the consignment, as described in Part II of the templates in Sections A to D of Part 2 of that Annex; |
| --- | --- |

(ii)

the competent authority at a border control post or control point, as regards the information on the decision taken on the consignment, as described in Part II of the templates in Sections A to D of Part 2 of that Annex;

| (iii) | the competent authority at the border control post of exit or final destination, or by the local competent authority, as regards the information on the follow-up measures taken on the consignment after a decision has been taken, as described in Part III of the templates in Sections A to D of Part 2 of that Annex. |
| --- | --- |

(iii)

the competent authority at the border control post of exit or final destination, or by the local competent authority, as regards the information on the follow-up measures taken on the consignment after a decision has been taken, as described in Part III of the templates in Sections A to D of Part 2 of that Annex.

3.   By way of derogation from paragraph 2(a), a Member State may consent to a CHED being drawn up in an official EU language other than that of the Member State of entry.

Article 41

Use of an electronic CHED

1.   An operator’s or a competent authority’s use of a CHED in an electronic format shall be by means of one of the following systems:

| (a) | TRACES, provided that the CHED meets all of the following requirements:






  (i) | it is signed by the operator responsible for the consignment with his/her electronic signature; |
| --- | --- | --- |

(a)

TRACES, provided that the CHED meets all of the following requirements:

(i)

it is signed by the operator responsible for the consignment with his/her electronic signature;

| (ii) | it is signed by the certifying officer at border control posts or control points with his/her advanced or qualified electronic signature; |
| --- | --- |

(ii)

it is signed by the certifying officer at border control posts or control points with his/her advanced or qualified electronic signature;

| (iii) | it bears the advanced or qualified electronic seal of the issuing competent authority; |
| --- | --- |

(iii)

it bears the advanced or qualified electronic seal of the issuing competent authority;

| (iv) | it is sealed by TRACES with an advanced or qualified electronic seal; |
| --- | --- |

(iv)

it is sealed by TRACES with an advanced or qualified electronic seal;

| (b) | the national system of a Member State, provided that the CHED meets all of the following requirements:






  (i) | it is signed by the operator responsible for the consignment with his/her electronic signature; |
| --- | --- | --- |

(b)

the national system of a Member State, provided that the CHED meets all of the following requirements:

(i)

it is signed by the operator responsible for the consignment with his/her electronic signature;

| (ii) | it is signed by the certifying officer at border control posts or control points with his/her advanced or qualified electronic signature; |
| --- | --- |

(ii)

it is signed by the certifying officer at border control posts or control points with his/her advanced or qualified electronic signature;

| (iii) | it bears the advanced or qualified electronic seal of the issuing competent authority; |
| --- | --- |

(iii)

it bears the advanced or qualified electronic seal of the issuing competent authority;

| (iv) | it is transmitted to TRACES at the latest at the time when the decision is taken on the basis of the official controls and the transmission is sealed by the advanced or qualified electronic seal of the issuing competent authority; |
| --- | --- |

(iv)

it is transmitted to TRACES at the latest at the time when the decision is taken on the basis of the official controls and the transmission is sealed by the advanced or qualified electronic seal of the issuing competent authority;

2.   TRACES shall acknowledge the transmission referred to in point (b)(iv) of paragraph 1 with its advanced or qualified electronic seal.

3.   The required steps referred to in paragraphs 1 and 2 shall each be timestamped with a qualified electronic time stamp.

Article 42

Periods of storage of electronic certificates and CHEDs and personal data therefrom

| 1. | For the purpose of maintaining the integrity of certificates and CHEDs issued in accordance with Article 39 and Article 41 respectively, relevant data concerning electronic signatures, electronic seals, timestamps and electronic exchanges shall be stored by TRACES and the Member States’ national systems for at least 3 years. |
| --- | --- |

1.

For the purpose of maintaining the integrity of certificates and CHEDs issued in accordance with Article 39 and Article 41 respectively, relevant data concerning electronic signatures, electronic seals, timestamps and electronic exchanges shall be stored by TRACES and the Member States’ national systems for at least 3 years.

| 2. | Personal data from the certificates and CHEDs referred to in paragraph 1 shall be stored by TRACES and the Member States’ national systems for no more than 10 years. |
| --- | --- |

2.

Personal data from the certificates and CHEDs referred to in paragraph 1 shall be stored by TRACES and the Member States’ national systems for no more than 10 years.

| 3. | Personal data from EUROPHYT interception notifications referred to in Article 33(2) shall be stored by TRACES for no more than 10 years. |
| --- | --- |

3.

Personal data from EUROPHYT interception notifications referred to in Article 33(2) shall be stored by TRACES for no more than 10 years.

Article 43

List of control units

Each TRACES network contact point shall maintain and keep up to date in TRACES the list of control units that its Member State has designated for the purposes of TRACES.

Article 44

List of border control posts and control points

1.   Each TRACES network contact point shall maintain and keep up to date in TRACES the list of border control posts and control points that its Member State has designated in accordance with Article 59(1) and Article 53(2), respectively, of Regulation (EU) 2017/625 for the purpose of performing official controls on one or more of the categories of animals and goods referred to in Article 47(1) of that Regulation.

2.   The contact point referred to in paragraph 1 of this Article shall insert in TRACES information regarding each designated border control post and control point using

| (a) | the format set out in Annex I to Commission Implementing Regulation (EU) 2019/1014 (35) to provide the information referred to in Article 60(1) of Regulation (EU) 2017/625; |
| --- | --- |

(a)

the format set out in Annex I to Commission Implementing Regulation (EU) 2019/1014 (35) to provide the information referred to in Article 60(1) of Regulation (EU) 2017/625;

| (b) | the abbreviations and specifications set out in Annex II to that Implementing Regulation. |
| --- | --- |

(b)

the abbreviations and specifications set out in Annex II to that Implementing Regulation.

Article 45

List of establishments

1.   Each TRACES network contact point shall maintain and keep up to date in TRACES the following lists of establishments:

| (a) | food business establishments that its Member State has approved in accordance with Article 6(3) of Regulation (EC) No 852/2004; |
| --- | --- |

(a)

food business establishments that its Member State has approved in accordance with Article 6(3) of Regulation (EC) No 852/2004;

| (b) | establishments, plants and operators handling animal by-products or derived products that its Member State has approved or registered in accordance with Article 47 of Regulation (EC) No 1069/2009. |
| --- | --- |

(b)

establishments, plants and operators handling animal by-products or derived products that its Member State has approved or registered in accordance with Article 47 of Regulation (EC) No 1069/2009.

2.   The contact point referred to in paragraph 1 shall insert in TRACES information regarding each establishment referred to in that paragraph using the technical specifications for the format of lists of establishments provided by the Commission.

3.   The Commission shall assist the Member States in making the lists referred to in paragraph 1 available to the public through its internet page or TRACES.

Article 46

Contingency arrangements for TRACES and Member States’ national systems in the event of unplanned or planned unavailability

1.   TRACES network contact points shall maintain a public repository on the internet containing a fillable template of all documents that may be issued in TRACES or in the Member State’s national system in accordance with this Regulation.

2.   Where a Member State’s national system, TRACES or one of their functionalities is unavailable for more than an hour, their users may use a fillable printed or electronic template, as referred to in paragraph 1, to record and exchange information.

3.   Once the systems or functionalities referred to in paragraph 2 become available again, their users shall use the information recorded in accordance with paragraph 2 to produce electronically the documents required under this Regulation.

4.   Where TRACES, a Member State’s national system or one of their functionalities is unavailable, Member States may temporarily produce and electronically exchange all necessary documents in the available system and obligations regarding TRACES functionalities shall not apply. The Commission and the owners of the national systems shall perform an ad hoc bulk exchange of those documents as soon as availability is restored.

5.   Documents produced in accordance with paragraphs 2 and 4 shall bear the text ‘produced during contingency’.

6.   The Commission shall inform users through TRACES two weeks in advance of any planned unavailability, how long it will last and the reason for it.

CHAPTER 4

CHAPTER 4

Final provisions

Final provisions

Article 47

Repeals

1.   Directive 94/3/EC, Decisions 92/486/EEC, 2003/24/EC, 2003/623/EC, 2004/292/EC, 2004/675/EC and 2005/123/EC, Regulation (EU) No 16/2011, and Implementing Decisions 2014/917/EU, (EU) 2015/1918 and (EU) 2018/1553 are repealed as from 14 December 2019.

2.   References to those repealed acts shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.

Article 48

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.

Official Journal of the European Union

It shall apply from 14 December 2019, except for Section 2 of Chapter 3, which shall apply from 21 April 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 September 2019.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 169, 10.7.2000, p. 1.

1

(2)  
  OJ L 31, 1.2.2002, p. 1.

2

(3)  
  OJ L 84, 31.3.2016, p. 1.

3

(4)  
  OJ L 317, 23.11.2016, p. 4.

4

(5)  
  OJ L 95, 7.4.2017, p. 1.

5

(6)  Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1).

6

(7)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

7

(8)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

8

(9)  Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

9

(10)  Commission Regulation (EU) No 16/2011 of 10 January 2011 laying down implementing measures for the Rapid alert system for food and feed (OJ L 6, 11.1.2011, p. 7).

10

(11)  Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

11

(12)  Commission Implementing Decision (EU) 2015/1918 of 22 October 2015 establishing the Administrative Assistance and Cooperation system (‘AAC system’) pursuant to Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 280, 24.10.2015, p. 31).

12

(13)  http://europa.eu/rapid/press-release_STATEMENT-17-3486_en.htm

13

(14)  The system was originally established by Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of harmful organisms of plants or plant products (OJ L 26, 31.1.1977, p. 20). That Directive was repealed by Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1), which was in turn repealed by Regulation (EU) 2016/2031 as of 14 December 2019.

14

(15)  Commission Directive 94/3/EC of 21 January 1994 establishing a procedure for the notification of interception of a consignment or a harmful organism from third countries and presenting an imminent phytosanitary danger (OJ L 32, 5.2.1994, p. 37).

15

(16)  Commission Implementing Decision 2014/917/EU of 15 December 2014 setting out detailed rules for the implementation of Council Directive 2000/29/EC as regards the notification of the presence of harmful organisms and of measures taken or intended to be taken by the Member States (OJ L 360, 17.12.2014, p. 59).

16

(17)  Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).

17

(18)  Commission Implementing Decision (EU) 2015/1506 of 8 September 2015 laying down specifications relating to formats of advanced electronic signatures and advanced seals to be recognised by public sector bodies pursuant to Articles 27(5) and 37(5) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market (OJ L 235, 9.9.2015, p. 37).

18

(19)  Commission Implementing Decision (EU) 2018/1553 of 15 October 2018 on conditions for the recognition of electronic phytosanitary certificates issued by the national plant protection organisations of third countries (OJ L 260, 17.10.2018, p. 22).

19

(20)  Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries (OJ L 21, 28.1.2004, p. 11).

20

(21)  Commission Regulation (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community (OJ L 49, 19.2.2004, p. 11).

21

(22)  Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11).

22

(23)  Commission Implementing Regulation (EU) 2019/66 of 16 January 2019 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods (OJ L 15, 17.1.2019, p. 1).

23

(24)  Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on paperless environment for customs and trade (OJ L 23, 26.1.2008, p. 21).

24

(25)  Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

25

(26)  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (OJ L 300, 14.11.2009, p. 1).

26

(27)  Commission Decision 92/486/EEC of 25 September 1992 establishing the form of cooperation between the Animo host centre and Member States (OJ L 291, 7.10.1992, p. 20).

27

(28)  Commission Decision 2003/24/EC of 30 December 2002 concerning the development of an integrated computerised veterinary system (OJ L 8, 14.1.2003, p. 44).

28

(29)  Commission Decision 2003/623/EC of 19 August 2003 concerning the development of an integrated computerised veterinary system known as Traces (OJ L 216, 28.8.2003, p. 58).

29

(30)  Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (OJ L 94, 31.3.2004, p. 63).

30

(31)  Commission Decision 2004/675/EC of 29 September 2004 establishing logistical support for the Traces system (OJ L 309, 6.10.2004, p. 26).

31

(32)  Commission Decision 2005/123/EC of 9 February 2005 amending Decision 2004/292/EC on the introduction of the TRACES system and amending Decision 92/486/EEC (OJ L 39, 11.2.2005, p. 53).

32

(33)  Council Directive 90/425/EEC of 26 June 1990 concerning veterinary checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ L 224, 18.8.1990, p. 29).

33

(34)  Council Decision 92/438/EEC of 13 July 1992 on computerization of veterinary import procedures (Shift project), amending Directives 90/675/EEC, 91/496/EEC, 91/628/EEC and Decision 90/424/EEC, and repealing Decision 88/192/EEC (OJ L 243, 25.8.1992, p. 27).

34

(35)  Commission Implementing Regulation (EU) 2019/1014 of 12 June 2019 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points (OJ L 165, 21.6.2019, p. 10).

35

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ANNEX I

Content of notifications referred to in Article 32

1.

| 1.1. | Title — enter the scientific name of the pest concerned, as referred to in points (a) and (b) of the first paragraph of Article 11, Article 29(1), Article 30(1) and Article 33(1) of Regulation (EU) 2016/2031, the location and whether it is first presence or not. The scientific name must be one of the following:






  (1) | the scientific name of the pest, including as appropriate the pathovar; or, |
| --- | --- | --- |

1.1.

(1)

the scientific name of the pest, including as appropriate the pathovar; or,

| (2) | if point (1) is not applicable, the scientific name approved by an international organisation, including the pathovar, and the name of that organisation; or, |
| --- | --- |

(2)

if point (1) is not applicable, the scientific name approved by an international organisation, including the pathovar, and the name of that organisation; or,

| (3) | if neither point (1) nor point (2) is applicable, the scientific name from the most reliable source of information, with reference to that source. |
| --- | --- |

(3)

if neither point (1) nor point (2) is applicable, the scientific name from the most reliable source of information, with reference to that source.

You may submit explanatory notes.

| 1.2. | Executive summary — a summary of the information in points 3 to 7. |
| --- | --- |

1.2.

| 1.3. | Enter one of the following:






  (1) | partial notification in accordance with Article 32(1) and (2); |
| --- | --- | --- |

1.3.

(1)

partial notification in accordance with Article 32(1) and (2);

| (2) | notification in accordance with Article 32(3); |
| --- | --- |

(2)

notification in accordance with Article 32(3);

| (3) | update of notification in accordance with Article 32(4); |
| --- | --- |

(3)

update of notification in accordance with Article 32(4);

| (4) | closing note on the termination of measures and the reason for the termination. |
| --- | --- |

(4)

closing note on the termination of measures and the reason for the termination.

2.

| 2.1. | Name of the single authority submitting the notification — enter the words ‘Notification from’, followed by the name of the single authority and its Member State. |
| --- | --- |

2.1.

| 2.2. | Official contact at the single authority — enter the name, telephone number and email address of the person named by the single authority as official contact for the notification. Where more than one person is named, give the reasons. |
| --- | --- |

2.2.

3.

| 3.1. | Indicate, as precisely as possible, the location of the presence of the pest, with reference at least to an administrative region (e.g. municipality, city, province). |
| --- | --- |

3.1.

| 3.2. | Attach one or more maps of the location. |
| --- | --- |

3.2.

4.

| 4.1. | Enter one of the following:






  (1) | first confirmed or suspected presence of the pest in the territory of the Member State concerned; |
| --- | --- | --- |

4.1.

(1)

first confirmed or suspected presence of the pest in the territory of the Member State concerned;

| (2) | confirmed or suspected presence of the pest in part of the territory of the Member State concerned, in which its presence was previously unknown. (Where applicable, indicate that the pest appeared in a part of the territory in which it had been previously present but was eradicated). |
| --- | --- |

(2)

confirmed or suspected presence of the pest in part of the territory of the Member State concerned, in which its presence was previously unknown. (Where applicable, indicate that the pest appeared in a part of the territory in which it had been previously present but was eradicated).

| 4.2. | Pest status of the area (1) in which the pest has been found, after official confirmation — enter, with an explanatory note, one or more of the following:






  (1) | present in all parts of the area; |
| --- | --- | --- |

4.2.

(1)

present in all parts of the area;

| (2) | present only in specific parts of the area; |
| --- | --- |

(2)

present only in specific parts of the area;

| (3) | present in specific parts of the area where host plants are not grown; |
| --- | --- |

(3)

present in specific parts of the area where host plants are not grown;

| (4) | present: under eradication; |
| --- | --- |

(4)

present: under eradication;

| (5) | present: under containment; |
| --- | --- |

(5)

present: under containment;

| (6) | present: at low prevalence; |
| --- | --- |

(6)

present: at low prevalence;

| (7) | absent: pest found but eradicated; |
| --- | --- |

(7)

absent: pest found but eradicated;

| (8) | absent: pest found but no longer present for reasons other than eradication; |
| --- | --- |

(8)

absent: pest found but no longer present for reasons other than eradication;

| (9) | transient (the presence of the pest is not expected to lead to establishment): non-actionable; |
| --- | --- |

(9)

transient (the presence of the pest is not expected to lead to establishment): non-actionable;

| (10) | transient: actionable, under surveillance; |
| --- | --- |

(10)

transient: actionable, under surveillance;

| (11) | transient: actionable, under eradication; |
| --- | --- |

(11)

transient: actionable, under eradication;

| (12) | other. |
| --- | --- |

(12)

other.

| 4.3. | Pest status in the Member State concerned before the official confirmation of the presence, or suspected presence, of the pest — enter with an explanatory note, one or more of the following:






  (1) | present in all parts of the Member State; |
| --- | --- | --- |

4.3.

(1)

present in all parts of the Member State;

| (2) | present only in some parts of the Member State; |
| --- | --- |

(2)

present only in some parts of the Member State;

| (3) | present in specific parts of the Member State, where host crop(s) are not grown; |
| --- | --- |

(3)

present in specific parts of the Member State, where host crop(s) are not grown;

| (4) | present: seasonally; |
| --- | --- |

(4)

present: seasonally;

| (5) | present: under eradication; |
| --- | --- |

(5)

present: under eradication;

| (6) | present: under containment (where eradication is impossible); |
| --- | --- |

(6)

present: under containment (where eradication is impossible);

| (7) | present: at low prevalence; |
| --- | --- |

(7)

present: at low prevalence;

| (8) | absent: no pest records; |
| --- | --- |

(8)

absent: no pest records;

| (9) | absent: pest eradicated; |
| --- | --- |

(9)

absent: pest eradicated;

| (10) | absent: pest no longer present for reasons other than eradication; |
| --- | --- |

(10)

absent: pest no longer present for reasons other than eradication;

| (11) | absent: pest records invalid; |
| --- | --- |

(11)

absent: pest records invalid;

| (12) | absent: pest records unreliable; |
| --- | --- |

(12)

absent: pest records unreliable;

| (13) | absent: intercepted only; |
| --- | --- |

(13)

absent: intercepted only;

| (14) | transient: non-actionable; |
| --- | --- |

(14)

transient: non-actionable;

| (15) | transient: actionable, under surveillance; |
| --- | --- |

(15)

transient: actionable, under surveillance;

| (16) | transient: actionable, under eradication; |
| --- | --- |

(16)

transient: actionable, under eradication;

| (17) | other. |
| --- | --- |

(17)

other.

| 4.4. | Pest status in the Member State concerned after the official confirmation of the presence of the pest — enter, with an explanatory note, one or more of the following:






  (1) | present in all parts of the Member State; |
| --- | --- | --- |

4.4.

(1)

present in all parts of the Member State;

| (2) | present only in some parts of the Member State; |
| --- | --- |

(2)

present only in some parts of the Member State;

| (3) | present in specific parts of the Member State where host crop(s) are not grown; |
| --- | --- |

(3)

present in specific parts of the Member State where host crop(s) are not grown;

| (4) | present: seasonally; |
| --- | --- |

(4)

present: seasonally;

| (5) | present: under eradication; |
| --- | --- |

(5)

present: under eradication;

| (6) | present: under containment (where eradication is impossible); |
| --- | --- |

(6)

present: under containment (where eradication is impossible);

| (7) | present: at low prevalence; |
| --- | --- |

(7)

present: at low prevalence;

| (8) | absent: pest eradicated; |
| --- | --- |

(8)

absent: pest eradicated;

| (9) | absent: pest no longer present for reasons other than eradication; |
| --- | --- |

(9)

absent: pest no longer present for reasons other than eradication;

| (10) | absent: pest records invalid; |
| --- | --- |

(10)

absent: pest records invalid;

| (11) | absent: pest records unreliable; |
| --- | --- |

(11)

absent: pest records unreliable;

| (12) | absent: intercepted only; |
| --- | --- |

(12)

absent: intercepted only;

| (13) | transient: non-actionable; |
| --- | --- |

(13)

transient: non-actionable;

| (14) | transient: actionable, under surveillance; |
| --- | --- |

(14)

transient: actionable, under surveillance;

| (15) | transient: actionable, under eradication; |
| --- | --- |

(15)

transient: actionable, under eradication;

| (16) | other. |
| --- | --- |

(16)

other.

5.

| 5.1. | How the presence of the pest was found or the suspicion of the presence arose — enter one of the following:






  (1) | pest-related official survey; |
| --- | --- | --- |

5.1.

(1)

pest-related official survey;

| (2) | survey relating to an existing or eradicated outbreak of a pest; |
| --- | --- |

(2)

survey relating to an existing or eradicated outbreak of a pest;

| (3) | phytosanitary inspections of any type; |
| --- | --- |

(3)

phytosanitary inspections of any type;

| (4) | trace back and forward inspection relating to the specific presence of the pest; |
| --- | --- |

(4)

trace back and forward inspection relating to the specific presence of the pest;

| (5) | official inspection for other than phytosanitary purposes; |
| --- | --- |

(5)

official inspection for other than phytosanitary purposes;

| (6) | information submitted by professional operators, laboratories or others; |
| --- | --- |

(6)

information submitted by professional operators, laboratories or others;

| (7) | scientific information; |
| --- | --- |

(7)

scientific information;

| (8) | other. |
| --- | --- |

(8)

other.

You may make further comments in the form of free text or attached documents.

If you enter option (8), indicate a specification.

For inspections, indicate the date(s), the description of the method (including details of visual or other checks), briefly describe the site of the inspection and the findings, and provide picture(s).

If you enter option (3) or (4), indicate the date of inspection(s) and describe the method of inspection (including details of visual or other checks). You may briefly describe the site of the inspection and the findings, and provide picture(s).

| 5.2. | Date of finding — enter the date on which the responsible official body established the presence of the pest, began to suspect it or was first informed of its finding. If the pest was found by a person other than the responsible official body, enter the date on which it was found and on which that person informed the responsible official body. |
| --- | --- |

5.2.

| 5.3. | Sampling for laboratory analysis — where applicable, provide information on the sampling procedure for laboratory analysis, including date, method and sample size. You may attach pictures. |
| --- | --- |

5.3.

| 5.4. | Laboratory — where applicable, enter the name and the address of the laboratory(ies) involved in identifying the pest. |
| --- | --- |

5.4.

| 5.5. | Diagnostic method — enter one of the following:






  (1) | according to peer reviewed protocol — (provide a clear reference to the protocol and, where appropriate, any deviation from it). |
| --- | --- | --- |

5.5.

(1)

according to peer reviewed protocol — (provide a clear reference to the protocol and, where appropriate, any deviation from it).

| (2) | other (specify the method). |
| --- | --- |

(2)

other (specify the method).

| 5.6. | Date of official confirmation of the identity of the pest. |
| --- | --- |

5.6.

6.

| 6.1. | Size and delimitation of the infested area — enter one or more of the following (you may give approximate figures, but explain why it is not possible to be precise):






  (1) | infested surface (m2, ha, km2); |
| --- | --- | --- |

6.1.

(1)

infested surface (m2, ha, km2);

| (2) | number of infested plants (pieces); |
| --- | --- |

(2)

number of infested plants (pieces);

| (3) | volume of infested plant products (tons, m3); |
| --- | --- |

(3)

volume of infested plant products (tons, m3);

| (4) | GPS key coordinates or other specific description (e.g. Eurostat territorial units (NUTS), geographical codes (Geocodes), aerial photos) delimitating the area. |
| --- | --- |

(4)

GPS key coordinates or other specific description (e.g. Eurostat territorial units (NUTS), geographical codes (Geocodes), aerial photos) delimitating the area.

| 6.2. | Characteristics of the infested area and its vicinity — enter one or more of the following:






  (1) | Open air — production area:






  (1.1) | field (arable, pasture); |
| --- | --- | --- | --- |

6.2.

(1)

Open air — production area:

(1.1)

field (arable, pasture);

| (1.2) | orchard/vineyard; |
| --- | --- |

(1.2)

orchard/vineyard;

| (1.3) | nursery; |
| --- | --- |

(1.3)

nursery;

| (1.4) | forest. |
| --- | --- |

(1.4)

forest.

| (2) | Open air — other:






  (2.1) | private garden; |
| --- | --- | --- |

(2)

Open air — other:

(2.1)

private garden;

| (2.2) | public sites; |
| --- | --- |

(2.2)

public sites;

| (2.3) | conservation area; |
| --- | --- |

(2.3)

conservation area;

| (2.4) | wild plants in areas other than conservation areas; |
| --- | --- |

(2.4)

wild plants in areas other than conservation areas;

| (2.5) | other (please specify). |
| --- | --- |

(2.5)

other (please specify).

| (3) | physically closed conditions:






  (3.1) | greenhouse; |
| --- | --- | --- |

(3)

physically closed conditions:

(3.1)

greenhouse;

| (3.2) | other conservatories; |
| --- | --- |

(3.2)

other conservatories;

| (3.3) | private site (other than greenhouse); |
| --- | --- |

(3.3)

private site (other than greenhouse);

| (3.4) | public site (other than greenhouse); |
| --- | --- |

(3.4)

public site (other than greenhouse);

| (3.5) | other (please specify). |
| --- | --- |

(3.5)

other (please specify).

For each option, indicate whether the infestation concerns one or more of the following:

| — | plants for planting; |
| --- | --- |

—

plants for planting;

| — | other plants; |
| --- | --- |

—

other plants;

| — | plant products; or |
| --- | --- |

—

plant products; or

| — | other objects. |
| --- | --- |

—

other objects.

| 6.3. | Host plants in the infested area and its vicinity — give the scientific name of host plants in that area, in accordance with point 6.4. You may provide additional information on the density of host plants, with reference to cultivation practices specific characteristic of the habitats, or on susceptible plant products produced in the area. |
| --- | --- |

6.3.

| 6.4. | Infested plant(s), plant product(s) and other object(s) — give the scientific name of the infested host plant(s). You may indicate the variety and, for plant products, the type of the commodity, as appropriate. |
| --- | --- |

6.4.

| 6.5. | Vectors present in the area — where applicable, enter one of the following:






  (1) | the scientific name of the vectors at least at genus level; or, |
| --- | --- | --- |

6.5.

(1)

the scientific name of the vectors at least at genus level; or,

| (2) | if point (1) is not applicable, the scientific name approved by an international organisation and the name of that organisation(s); or, |
| --- | --- |

(2)

if point (1) is not applicable, the scientific name approved by an international organisation and the name of that organisation(s); or,

| (3) | if neither point (1) nor point (2) is applicable, the scientific name from the most reliable source of information, with reference to that source. You may provide additional information on the density of the vectors or characteristics of plants important for the vectors. |
| --- | --- |

(3)

if neither point (1) nor point (2) is applicable, the scientific name from the most reliable source of information, with reference to that source. You may provide additional information on the density of the vectors or characteristics of plants important for the vectors.

| 6.6. | Severity of the outbreak — describe the current extent of infestation, symptoms and damage. Where appropriate, include forecasts as soon as they are available. |
| --- | --- |

6.6.

| 6.7. | Source of the outbreak — indicate the confirmed pathway of the pest into the area or of the suspected pathway pending confirmation, as applicable. You may provide further information concerning the confirmed or potential origin of the pest. |
| --- | --- |

6.7.

7.

| 7.1. | Adoption of official phytosanitary measures — enter one of the following options and provide explanatory notes:






  (1) | official phytosanitary measures have been taken in the form of chemical, biological or physical treatment. |
| --- | --- | --- |

7.1.

(1)

official phytosanitary measures have been taken in the form of chemical, biological or physical treatment.

| (2) | official phytosanitary measures, other than measures in the form of chemical, biological or physical treatment, have been taken. |
| --- | --- |

(2)

official phytosanitary measures, other than measures in the form of chemical, biological or physical treatment, have been taken.

| (3) | official phytosanitary measures will be taken. |
| --- | --- |

(3)

official phytosanitary measures will be taken.

| (4) | a decision on official phytosanitary measures is pending; |
| --- | --- |

(4)

a decision on official phytosanitary measures is pending;

| (5) | no official phytosanitary measures (explain why). |
| --- | --- |

(5)

no official phytosanitary measures (explain why).

Where a demarcated area has been established, indicate under options (1), (2) and (3) whether the measures have been/will be taken in or outside that area.

| 7.2. | Date of adoption of official phytosanitary measures (indicate the expected duration of any temporary measures). |
| --- | --- |

7.2.

| 7.3. | Identification of the area covered by official phytosanitary measures — indicate the method used to identify the area covered by official phytosanitary measures. Provide the results of the surveys that have been carried out. |
| --- | --- |

7.3.

| 7.4. | Objective of the official phytosanitary measures — enter one of the following options:






  (1) | eradication; |
| --- | --- | --- |

7.4.

(1)

eradication;

| (2) | containment (where eradication is impossible). |
| --- | --- |

(2)

containment (where eradication is impossible).

7.5.

| (1) | measures affect the import of goods into the Union or the movement of goods within the Union (please describe the measures); |
| --- | --- |

(1)

measures affect the import of goods into the Union or the movement of goods within the Union (please describe the measures);

| (2) | measures do not affect the import of goods into the Union or the movement of goods within the Union.






  7.6. | Specific surveys — where surveys are carried out as part of official phytosanitary measures, describe their methodology, duration and scope. |
| --- | --- | --- |

(2)

measures do not affect the import of goods into the Union or the movement of goods within the Union.

7.6.

8.

Enter one of the following:

| (1) | Pest risk assessment is not required (for those pests referred to in points (a) and (b) of the first paragraph of Article 11, or subject to measures referred to in the second subparagraph of Article 30(1), of Regulation (EU) 2016/2031); |
| --- | --- |

(1)

Pest risk assessment is not required (for those pests referred to in points (a) and (b) of the first paragraph of Article 11, or subject to measures referred to in the second subparagraph of Article 30(1), of Regulation (EU) 2016/2031);

| (2) | Pest risk assessment, or preliminary pest risk assessment, under development; |
| --- | --- |

(2)

Pest risk assessment, or preliminary pest risk assessment, under development;

| (3) | Preliminary pest risk assessment exists — outline the major findings, and attach the preliminary pest risk assessment or indicate where it can be found; |
| --- | --- |

(3)

Preliminary pest risk assessment exists — outline the major findings, and attach the preliminary pest risk assessment or indicate where it can be found;

| (4) | Pest risk assessment exists — outline the major findings, and attach the pest risk assessment or indicate where it can be found. |
| --- | --- |

(4)

Pest risk assessment exists — outline the major findings, and attach the pest risk assessment or indicate where it can be found.

9.

Add links to relevant websites and other sources of information.

10.

Indicate whether some or all of the information under points
  1.1
  ,
  1.3
  ,
  3.1
  ,
  4.1
  to
  4.4
  ,
  5.1
  to
  5.6
  ,
  6.1
  to
  6.7
  ,
  7.1
  to
  7.6
  and 8 must be transmitted to the European and Mediterranean Plant Protection Organisation.

---

(1)  In line with the concept laid down in International Standards for Phytosanitary Measures, ISPM 8 (1998): Determination of pest status in an area. Rome, IPPC, FAO (https://www.ippc.int/sites/default/files/documents//1323945129_ISPM_08_1998_En_2011-11-29_Refor.pdf)

1

Determination of pest status in an area

---

ANNEX II

Common health entry documents (CHEDs)

PART 1

CHED entries and explanatory notes

General

The entries specified in Part 1 constitute the data dictionaries for the electronic version of the CHED.

Unless otherwise specified or established by Union legislation, all entries or boxes apply to the CHED templates in Part 2.

Paper copies of an electronic CHED must bear a unique machine-readable optical label which hyperlinks to the electronic version.

You shall select one box from boxes I.20 to I.26 and boxes II.9 to II.16; for each box, you shall select one option.

Where a box allows you to select one or more options, only the option(s) you select will be displayed in the electronic version of the CHED.

Where a box is not compulsory, its contents will appear as strike-through text.

The sequences of boxes in the CHED templates in Part 2 and the size and shape of those boxes are indicative.

Where a stamp is required, its electronic equivalent is an electronic seal.

In processing the personal data included in the CHEDs, Member States shall comply with Regulation (EU) 2016/679 and Directive (EU) 2016/680 and the Commission with Regulation (EU) 2018/1725.

| PART I – DESCRIPTION OF CONSIGNMENT |
| --- |
| Box | Description |
| I.1. | Consignor/Exporter |
| | Indicate the name and address, country and ISO country code (1) of the natural or legal person dispatching the consignment. This person shall be established in a third country, except in certain cases provided for in Union law, where they may be established in a Member State. |
| I.2 | CHED reference |
| | This is the unique alphanumeric code assigned by the IMSOC (repeated in boxes II.2 and III.2). |
| I.3 | Local reference |
| | Indicate the unique alphanumeric code assigned by the competent authority. |
| I.4 | Border control post/control point/control unit |
| | Select the name of the BCP or control point, as appropriate.
  Indicate the inspection location if appropriate.
  In the case of a subsequent CHED-P for a non-conforming consignment, indicate the name of the control unit in charge of supervising the free zone or specially approved customs warehouse. |
| I.5 | Border control post/control point/control unit code |
| | This is the unique alphanumeric code assigned by the IMSOC to the BCP, control point or control unit. |
| I.6 | Consignee/Importer |
| | Indicate the name and address, country and ISO country code of the natural or legal person to whom the consignment is destined, and appearing on e.g. official certificates, official attestations or other documents including documents of commercial nature issued in the third country. If this person is the same as indicated in box I.8, this box is automatically filled by the IMSOC on the basis of the information provided in that box.
  This box is optional in the case of a transhipment or transit. |
| I.7 | Place of destination |
| | Indicate the name and address, country and ISO country code, of the place where the consignment is being delivered for final unloading. If this address is the same as indicated in box I.6, this box is automatically filled by the IMSOC on the basis of the information provided in that box.
  This place must be located in a Member State, including in the case of transit, as defined in point (44) of Article 3 of Regulation (EU) 2017/625, with storage of goods. In the case of a transit without storage of goods, the third country of destination is indicated in box I.22.
  Where applicable, also indicate the registration or approval number of the establishment of destination.
  For consignments to be split at the BCP, indicate the BCP as place of destination in the first CHED. Indicate in subsequent CHEDs the place of destination for each part of the split consignment.
  For consignments to be transferred to a control point, indicate the control point as the place of destination. This box may be automatically filled by the IMSOC on the basis of the information provided in box I.20.
  Where consignments are moved to an onward transportation facility, the place of destination is required only if different from the onward transportation facility. |
| I.8 | Operator responsible for the consignment |
| | Indicate the name and address, country and ISO country code of the natural or legal person in the Member State who is in charge of the consignment when presented at the BCP and who makes the necessary declarations to the competent authorities as the importer or on behalf of the importer. This operator may be the same as indicated in box I.6 and shall be the same as indicated in box I.35.
  This box may be automatically filled by the IMSOC.
  In the case of a subsequent CHED, indicate the name and address of the person who is in charge of presenting the consignment for further official controls at the subsequent place.
  In the case of a subsequent CHED-P for non-conforming consignments, indicate the name and the address of the person who is in charge of the procedures after warehousing. |
| I.9 | Accompanying documents |
| | Select the type of required accompanying documents: e.g. official certificates, official attestations, permits, declarations or other documents including documents of commercial nature.
  Indicate the unique code of the accompanying documents and the country of issue. The date of issue is however optional. If the official certificate has been generated in the IMSOC, indicate the unique alphanumeric code in box I.2a of the official certificate.
  Commercial document references: indicate for example the airway bill number, the bill of lading number or the commercial number of the train or road vehicle. |
| I.10 | Prior notification |
| | Indicate the estimated arrival date and time at the entry point where the BCP is located.
  CHED-D/CHED-PP
  Indicate the estimated arrival date and time of arrival at the control point in the case of a subsequent CHED for transfer to a control point. |
| I.11 | Country of origin |
| | This box may be automatically filled by the IMSOC on the basis of the information provided in box I.31.
  CHED-A
  Indicate the country of residence during the required residency period indicated in the accompanying official certificate.
  For registered horses re-entering the Union after temporary export for a period of less than 30, 60 or 90 days for races, competitions and cultural events in certain third countries, indicate the country from which they were last consigned.
  CHED-P
  Indicate the country where the products were produced, manufactured or packaged (labelled with the identification mark).
  In the case of products re-entering the Union as referred to in Article 77(1)(h) of Regulation (EU) 2017/625 or re-entering the Union after transit through third countries (as defined in point 44(b) of Article 3 of that Regulation), indicate the Member State of origin.
  CHED-PP
  Indicate the country(ies) of origin where the plants, plant products or other objects were grown, produced, stored or processed, as mentioned in the phytosanitary certificate.
  CHED-D
  Indicate the goods’ country of origin or that in which they were grown, harvested or produced. |
| I.12 | Region of origin |
| | Where animals or goods are affected by regionalisation measures in accordance with Union law, indicate the code of the approved regions, zones or compartments. This box may be automatically filled by the IMSOC on the basis of the information provided in box I.31.
  CHED-PP
  When the country of origin has officially declared certain areas as free from a specified pest, indicate the area of origin of the plant, plant product or other objects. |
| I.13 | Means of transport |
| | Select one of the following means of transport for animals or goods arriving at the BCP, and indicate its identification:






  — | airplane (indicate the flight number); |

PART I – DESCRIPTION OF CONSIGNMENT

Box

Description

I.1.

Consignor/Exporter

Indicate the name and address, country and ISO country code (1) of the natural or legal person dispatching the consignment. This person shall be established in a third country, except in certain cases provided for in Union law, where they may be established in a Member State.

I.2

CHED reference

This is the unique alphanumeric code assigned by the IMSOC (repeated in boxes II.2 and III.2).

I.3

Local reference

Indicate the unique alphanumeric code assigned by the competent authority.

I.4

Border control post/control point/control unit

Select the name of the BCP or control point, as appropriate.

Indicate the inspection location if appropriate.

In the case of a subsequent CHED-P for a non-conforming consignment, indicate the name of the control unit in charge of supervising the free zone or specially approved customs warehouse.

I.5

Border control post/control point/control unit code

This is the unique alphanumeric code assigned by the IMSOC to the BCP, control point or control unit.

I.6

Consignee/Importer

Indicate the name and address, country and ISO country code of the natural or legal person to whom the consignment is destined, and appearing on e.g. official certificates, official attestations or other documents including documents of commercial nature issued in the third country. If this person is the same as indicated in box I.8, this box is automatically filled by the IMSOC on the basis of the information provided in that box.

This box is optional in the case of a transhipment or transit.

I.7

Place of destination

Indicate the name and address, country and ISO country code, of the place where the consignment is being delivered for final unloading. If this address is the same as indicated in box I.6, this box is automatically filled by the IMSOC on the basis of the information provided in that box.

This place must be located in a Member State, including in the case of transit, as defined in point (44) of Article 3 of Regulation (EU) 2017/625, with storage of goods. In the case of a transit without storage of goods, the third country of destination is indicated in box I.22.

Where applicable, also indicate the registration or approval number of the establishment of destination.

For consignments to be split at the BCP, indicate the BCP as place of destination in the first CHED. Indicate in subsequent CHEDs the place of destination for each part of the split consignment.

For consignments to be transferred to a control point, indicate the control point as the place of destination. This box may be automatically filled by the IMSOC on the basis of the information provided in box I.20.

Where consignments are moved to an onward transportation facility, the place of destination is required only if different from the onward transportation facility.

I.8

Operator responsible for the consignment

Indicate the name and address, country and ISO country code of the natural or legal person in the Member State who is in charge of the consignment when presented at the BCP and who makes the necessary declarations to the competent authorities as the importer or on behalf of the importer. This operator may be the same as indicated in box I.6 and shall be the same as indicated in box I.35.

This box may be automatically filled by the IMSOC.

In the case of a subsequent CHED, indicate the name and address of the person who is in charge of presenting the consignment for further official controls at the subsequent place.

In the case of a subsequent CHED-P for non-conforming consignments, indicate the name and the address of the person who is in charge of the procedures after warehousing.

I.9

Accompanying documents

Select the type of required accompanying documents: e.g. official certificates, official attestations, permits, declarations or other documents including documents of commercial nature.

Indicate the unique code of the accompanying documents and the country of issue. The date of issue is however optional. If the official certificate has been generated in the IMSOC, indicate the unique alphanumeric code in box I.2a of the official certificate.

Commercial document references: indicate for example the airway bill number, the bill of lading number or the commercial number of the train or road vehicle.

I.10

Prior notification

Indicate the estimated arrival date and time at the entry point where the BCP is located.

CHED-D/CHED-PP

Indicate the estimated arrival date and time of arrival at the control point in the case of a subsequent CHED for transfer to a control point.

I.11

Country of origin

This box may be automatically filled by the IMSOC on the basis of the information provided in box I.31.

CHED-A

Indicate the country of residence during the required residency period indicated in the accompanying official certificate.

For registered horses re-entering the Union after temporary export for a period of less than 30, 60 or 90 days for races, competitions and cultural events in certain third countries, indicate the country from which they were last consigned.

CHED-P

Indicate the country where the products were produced, manufactured or packaged (labelled with the identification mark).

In the case of products re-entering the Union as referred to in Article 77(1)(h) of Regulation (EU) 2017/625 or re-entering the Union after transit through third countries (as defined in point 44(b) of Article 3 of that Regulation), indicate the Member State of origin.

CHED-PP

Indicate the country(ies) of origin where the plants, plant products or other objects were grown, produced, stored or processed, as mentioned in the phytosanitary certificate.

CHED-D

Indicate the goods’ country of origin or that in which they were grown, harvested or produced.

I.12

Region of origin

Where animals or goods are affected by regionalisation measures in accordance with Union law, indicate the code of the approved regions, zones or compartments. This box may be automatically filled by the IMSOC on the basis of the information provided in box I.31.

CHED-PP

When the country of origin has officially declared certain areas as free from a specified pest, indicate the area of origin of the plant, plant product or other objects.

I.13

Means of transport

Select one of the following means of transport for animals or goods arriving at the BCP, and indicate its identification:

—

airplane (indicate the flight number);

| — | vessel (indicate the vessel name and number); |
| --- | --- |

—

vessel (indicate the vessel name and number);

| — | railway (indicate the train identity and wagon number); |
| --- | --- |

—

railway (indicate the train identity and wagon number);

| — | road vehicle (indicate the registration number with trailer number, if applicable). |
| --- | --- |

—

road vehicle (indicate the registration number with trailer number, if applicable).

In the case of a ferry, tick ‘vessel’ and identify the road vehicle(s) with registration number (with trailer number, if applicable), in addition to the name of the scheduled ferry.

CHED-PP

Identification of the means of transport is not required.

I.14

Country of dispatch

CHED-P/CHED-PP/CHED-D

Indicate the country where goods were placed on board the means of final transport for the journey to the Union. In some cases where the movement involves more than one country before entry into the Union (triangular movement), this may be the third country in which the official certificate was issued.

This box is not applicable to CHED-A.

I.15

Establishment of origin

Where required by Union legislation, indicate the name and address, country and ISO country code of the establishment(s) of origin.

Where required by Union legislation, indicate its registration or approval number.

This box may be automatically filled by the IMSOC on the basis of the information provided in box I.31.

I.16

Transport conditions

CHED-P/CHED-D

Indicate the category of required temperature during transport (ambient, chilled, frozen), if applicable. Only one category may be selected.

This box is not applicable to CHED-A and CHED-PP.

I.17

Container number/Seal number

Where applicable, indicate the container number and seal number (more than one possible).

For official seal, indicate the official seal number as indicated in the official certificate and tick ‘official seal’ or indicate any other seal as mentioned in the accompanying documents.

I.18

Certified as or for

Select the purpose of the movement of animals, the intended use of goods or the category as specified in the official certificate (where required) or commercial document:

CHED-A:

Breeding/production, fattening, confined establishments, dogs/cats/ferrets (or in case more than five dogs/cats/ferrets are moved for non-commercial purposes), ornamental aquatic animals, slaughterhouse, quarantine, registered equidae, relaying (only for aquaculture animals), travelling circus/animal acts, exhibition, restocking or other.

CHED-P:

Human consumption, feedstuff, pharmaceutical use, technical use, trade sample, further process or other.

CHED-D:

Human consumption, human consumption after further treatment, feedstuff, sample or display exhibition item, or other.

This box is not applicable to CHED-PP.

I.19

Conformity of the goods

This box applies only to CHED-P.

Tick ‘conforming’ when goods comply with the rules referred to in points (a) and (d) of Article 1(2) of Regulation (EU) 2017/625.

Tick ‘non-conforming’ where goods:

| — | do not comply with the rules referred to in point (a) of Article 1(2) of Regulation (EU) 2017/625; and |
| --- | --- |

—

do not comply with the rules referred to in point (a) of Article 1(2) of Regulation (EU) 2017/625; and

| — | comply with the rules referred to in point (d) of that Article; and |
| --- | --- |

—

comply with the rules referred to in point (d) of that Article; and

| — | are not destined to be placed on the market. |
| --- | --- |

—

are not destined to be placed on the market.

I.20

For transhipment/transfer/onward travel to

CHED-A (onward travel)

Indicate the name and ISO country code of the destination third country where the animals stay within the same vessel or airplane and are intended to be sent directly to a third country without landing at another Union port or airport.

Indicate the name of the next BCP in the Union to which the animals are continuing their journey on the same vessel or airplane for further official controls.

CHED-P (transhipment)

Indicate the name of the destination third country and ISO country code where the products are transhipped to another vessel or airplane and are intended to be sent directly to a third country without landing at another Union port or airport.

Indicate the name of the next BCP in the Union where the products are to be transhipped for further official controls.

CHED-PP (transhipment/transfer)

Indicate the name of the next BCP or the control point in the Union to which the goods are to be transhipped or transferred, respectively, for further official controls.

CHED-D (transfer)

Indicate the name of the control point in the Union to which the goods are to be transferred for further official controls if the consignment is selected for identity and physical checks.

I.21

For onward transportation

CHED-PP/CHED-D

Indicate the authorised onward transportation facility to which the consignment is to be transported after it has been selected for identity and physical checks at the BCP.

I.22

For transit to

Indicate the name of the destination third country and ISO country code.

Indicate the name of the exit BCP for non-conforming consignments that are crossing Union territory by road, rail or waterway (external transit).

This box does not apply to CHED-D.

I.23

For internal market

Tick this box where consignments are intended to be placed on the Union market.

I.24

For non-conforming goods

This box applies only to CHED-P.

Select the type of destination where the consignment will be delivered and indicate the registration number where applicable: specially approved customs warehouse, free zone or vessel (including its name and the port of delivery).

I.25

For re-entry

CHED-A:

Tick the box in the case of re-entry of registered horses into the Union after temporary export for a period of less than 30, 60 or 90 days for races, competitions and cultural events in certain third countries.

Tick the box in the case of re-entry of animals originating in and returning to the Union after refusal of entry by a third country.

CHED-P/CHED-PP

Tick the box in the case of re-entry of goods originating in and returning to the Union after refusal of entry by a third country.

This box is not applicable to CHED-D.

I.26

For temporary admission

This box applies only to CHED-A and only for registered horses.

Exit point — indicate the exit BCP.

Exit date — indicate the date of exit (this must be less than 90 days after admission).

I.27

Means of transport after BCP/storage

This box may be filled in after prior notification and is compulsory for:

| — | animals subject to Council Regulation (EC) No 1/2005 (2) (CHED-A); |
| --- | --- |

—

animals subject to Council Regulation (EC) No 1/2005 (2) (CHED-A);

| — | goods subject to transhipment, direct transit, monitoring, re-entry or delivery to all controlled destinations, including onward transportation facility or control point, where additional official controls are required (CHED-P, CHED-PP, CHED-D); |
| --- | --- |

—

goods subject to transhipment, direct transit, monitoring, re-entry or delivery to all controlled destinations, including onward transportation facility or control point, where additional official controls are required (CHED-P, CHED-PP, CHED-D);

| — | non-conforming goods in transit (CHED-P). |
| --- | --- |

—

non-conforming goods in transit (CHED-P).

Select one of the following means of transport: airplane, vessel, railway or road vehicle (see guidance note in box I.13).

CHED-PP

If the container number is indicated in box I.17, the indication of the means of transport is not required.

I.28

Transporter

This box is compulsory only for CHED-A when box I.27 is used.

Indicate the name and address, country and ISO country code of the natural or legal person in charge of the transport.

Indicate the registration or approval number where applicable.

I.29

Date of departure

This box is compulsory only for CHED-A when box I.27 is used.

Indicate the estimated date and time of departure from the BCP.

I.30

Journey log

This box applies only to CHED-A and refers to the requirements in Regulation (EC) No 1/2005.

I.31

Description of consignment

Complete on the basis of e.g. official certificates, official attestations, declarations or other documents including documents of commercial nature so as to provide sufficient description of the goods allowing their identification and the calculation of fees e.g. Combined Nomenclature (CN) code and title, TARIC code, EPPO code, species (taxonomic information), net weight (kg).

Indicate the number of straws for semen, ova and embryos,

Indicate, as required, the nature and number of packages, type of packaging (according to UN/CEFACT standards), batch number, individual identification number, passport number, product type.

In the case of a subsequent CHED, insert the quantity of goods indicated in the previous CHED.

CHED-P:

Tick ‘final consumer’ where products are packed for final consumers.

I.32

Total number of packages

Indicate the total number of packages in the consignment, where appropriate.

I.33

Total quantity

CHED-A:

Indicate the total number of animals, where appropriate.

CHED-P:

Indicate the total number of straws for semen, ova and embryos, where appropriate.

CHED-PP/CHED-D:

Indicate the number of pieces or volume, where appropriate.

I.34

Total net weight/total gross weight (kg)

This is the total net weight (i.e. the mass of the animals or goods themselves, without immediate containers or any packaging) automatically calculated by the IMSOC on the basis of the information entered in box I.31.

Indicate the total gross weight (i.e. the aggregate mass of the animals or goods, plus immediate containers and all packaging, but excluding transport containers and other transport equipment). This information is not required for CHED-PP.

I.35

Declaration

The declaration must be signed by the natural person responsible for the consignment and may be adapted according to the CHED used:

I, the undersigned operator responsible for the consignment detailed above, certify that to the best of my knowledge and belief the statements made in Part I of this document are true and complete, and I agree to comply with the requirements of Regulation (EU) 2017/625 on official controls, including payment for official controls, as well as for re-dispatching consignments, quarantine or isolation of animals, or costs of euthanasia and disposal where necessary.

Signature (the signatory undertakes to accept back consignments in transit that are refused entry by a third country).

PART II – CONTROLS

Box

Description

II.1.

Previous CHED

This is the unique alpha-numeric code assigned by the IMSOC for the CHED used before a consignment is split or before transshipment (where official controls are performed), replacement, cancellation or transfer to a control point.

II.2

CHED reference

This is the unique alpha-numeric code indicated in box I.2.

II.3

Documentary check

These include checks for compliance with national requirements for animals and goods for which not all conditions for entry into the Union are regulated by Union law.

II.4

Identity check

Tick ‘Yes’ or ‘No’ as appropriate.

CHED-A

Tick ‘No’ where animals are to continue their journey by sea or by air on the same vessel or aircraft for onward travel from one BCP to another BCP and the official controls are to be completed at the next BCP.

CHED-P

Tick ‘No’ where goods are transhipped from one BCP to another BCP.

CHED-PP

Tick ‘No’ where goods are transferred to a control point or transhipped from one BCP to another BCP.

Tick ‘No’ where a reduced check or no identity check is required.

CHED-D

Tick ‘No’ where goods are transferred to a control point.

II.5

Physical check

Tick ‘Yes’ or ‘No’ as appropriate.

CHED-A

This includes the outcome of the clinical examination, and the mortality and morbidity of the animals.

Tick ‘No’ where animals are to continue their journey by sea or by air on the same vessel or aircraft for onward travel from one BCP to another BCP in accordance with the relevant Union law and the official controls are to be completed at the next BCP.

CHED-P

Tick ‘Reduced check’ where, in accordance with the rules to be adopted pursuant to Article 54(3) of Regulation (EU) 2017/625, the consignment has not been selected for a physical check but is considered to have been checked satisfactorily with documentary and identity checks only.

Tick ‘Other’ where re-entry, monitoring, transit procedures are referred to. This also refers to animals and goods that are transhipped from one BCP to another BCP in accordance with the rules to be adopted pursuant to point (b) of Article 51(1) of Regulation (EU) 2017/625.

CHED-PP

Tick ‘Reduced check’ where, in accordance with the rules to be adopted pursuant to Article 54(3) of Regulation (EU) 2017/625, the consignment has not been selected for identity and physical checks but is considered to have been checked satisfactorily with documentary check only.

Tick ‘Other’ where re-entry, monitoring, transit procedures are referred to. This also refers to goods that are transhipped from one BCP to another BCP in accordance with the rules to be adopted pursuant to point (b) of Article 51(1) of Regulation (EU) 2017/625.

CHED-D

Tick ‘No’ where goods are transferred to a control point.

II.6

Laboratory tests

Tick ‘Yes’ if a test has been performed.

Test: select the category of substance or pathogen for which a laboratory test has been carried out.

| — | tick ‘Random’ where the consignment is not detained at the BCP pending a test result. Do not tick where the consignment is sampled for laboratory tests described by other options in this box; |
| --- | --- |

—

tick ‘Random’ where the consignment is not detained at the BCP pending a test result. Do not tick where the consignment is sampled for laboratory tests described by other options in this box;

| — | tick ‘Suspicion’ where animals and goods are suspected of not complying with Union law and are detained at the BCP pending a test result; |
| --- | --- |

—

tick ‘Suspicion’ where animals and goods are suspected of not complying with Union law and are detained at the BCP pending a test result;

| — | tick ‘Emergency measures’ where animals and goods are under specific emergency measures and are detained at the BCP pending a test result, unless onward transportation is authorised. |
| --- | --- |

—

tick ‘Emergency measures’ where animals and goods are under specific emergency measures and are detained at the BCP pending a test result, unless onward transportation is authorised.

Test result:

| — | tick ‘Pending’ where the consignment can leave the BCP without awaiting a test result. |
| --- | --- |

—

tick ‘Pending’ where the consignment can leave the BCP without awaiting a test result.

| — | tick ‘satisfactory’ or ‘not satisfactory’ where the test result is available. |
| --- | --- |

—

tick ‘satisfactory’ or ‘not satisfactory’ where the test result is available.

CHED-P

Tick ‘Required’ where sampling is required in accordance with Union law and the consignment is not detained at the BCP pending a test result.

Tick ‘Intensified controls’ where animals and goods are subject to the rules on the procedures on intensified controls to be adopted pursuant to Article 65(6) of Regulation (EU) 2017/625, and are detained at the BCP pending a test result.

CHED-PP

Tick ‘Latent infection sampling’ where sampling is required in accordance with Union law and the consignment is not detained at the BCP pending a test result.

CHED-D

Tick ‘temporary increase of controls’ where goods are subject to measures requiring a temporary increase of controls (point (b) of Article 47(2) of Regulation (EU) 2017/625) and are detained at the BCP pending a test result, unless onward transportation is authorised.

II.7

Welfare check

This box applies only to CHED-A.

Tick ‘No’ where live animals are not unloaded at the BCP indicated in box I.4 and transhipped to another BCP, and have not undergone a welfare check.

Tick the box ‘satisfactory’ or ‘not satisfactory’ where the results of the check on the animals and on the transport conditions are available.

II.8

Impact of the transport on animals

This box applies only to CHED-A.

Indicate how many animals have died, how many animals are unfit to travel and the numbers of births or abortions (i.e. how many females gave birth or miscarried during transport).

In the case of animals consigned in large numbers (e.g. day-old chicks, fish or molluscs), give an estimate of the number of dead or unfit animals as appropriate.

II.9

Acceptable for transhipment/transfer/onward travel to

Tick this box if the consignment is acceptable for transhipment/transfer/onward travel.

Transhipment does not apply to CHED-A and CHED-D.

II.10

Acceptable for onward transportation

CHED-PP/CHED-D

Tick this box if the consignment is acceptable for onward transportation.

II.11

Acceptable for transit

Tick this box if the consignment is acceptable for transit.

This box does not apply to CHED-D.

II.12

Acceptable for internal market

Tick this box where official controls are favourable, regardless of whether animals or goods are placed under customs procedure ‘release for free circulation’ at the border or at a later stage within the Union.

CHED-A

Where the placing on the market of the animals under special conditions (as provided for by Union or national law) is authorised, indicate the controlled destination: slaughterhouse, confined establishment, quarantine or local use.

CHED-P

Tick the use of the product.

For animal by-products that have to be further processed, but that are not under transport monitoring conditions to be adopted pursuant to Article 77(2) of Regulation (EU) 2017/625, fill in box II.18.

CHED-D

Tick the use of the product: human consumption, feedstuff or other.

II.13

Acceptable for monitoring

This box applies only to CHED-A and CHED-P, and refers to a consignment monitored in accordance with the conditions to be adopted pursuant to Article 77(2) of Regulation (EU) 2017/625.

II.14

Acceptable for non-conforming goods

This box applies only to CHED-P.

Select the controlled destination: specially approved customs warehouse, free zone or vessel.

II.15

Acceptable for temporary admission

This box applies only to CHED-A and only for registered horses.

Tick this box to authorise the admission of the animals on Union territory until the date in box I.26.

II.16

Not acceptable

This refers to consignments for which the outcome of the official controls is not favourable and entry into the Union is refused. Indicate the date by which the action has to be taken.

CHED-A

Tick ‘Euthanasia’ where the meat from the animals cannot be allowed to go for human consumption.

Tick ‘Re-dispatch’ where the animals are sent back.

Tick ‘Slaughter’ where the meat from the animals could be used for human consumption after favourable inspection.

Tick ‘Destruction’ where the animals are dead on arrival at the BCP.

CHED-P/CHED-D

Tick destruction, re-dispatch, special treatment or use for other purposes.

CHED-PP

Tick appropriate treatment, entry refusal, quarantine imposed, destruction, re-dispatch, industrial processing or other.

II.17

Reason for refusal

CHED-A

Tick ‘Documentary’ in the case of missing certificate, absence of original certificate, wrong model, fraudulent certificate, invalid dates, missing signature or stamp, invalid authority, missing laboratory report, absence of additional guarantees or absence of national requirement.

Tick ‘Origin’ in the case of non-authorised country, non-authorised zone or non-approved establishment.

Tick ‘Identity’ in the case of mismatched identification or document, mismatched means of transport, missing individual identification, mismatched individual identification number or mismatched species.

Tick ‘Physical’ in the case of presence of suspected animal(s), animal(s) unfit to travel or dead animal(s).

Tick ‘Laboratory’ in the case of unsatisfactory test result.

Tick ‘Animal welfare’ in the case of unsuitable means of transport.

Tick ‘IAS’ in the case of non-compliance with the rules applicable to invasive alien species of Union concern.

Tick ‘Other’ where none of the aforementioned reasons is applicable.

CHED-P

Tick ‘Documentary’ in the case of missing certificate, absence of original certificate, wrong model, fraudulent certificate, invalid dates, missing signature or stamp, invalid authority, missing laboratory report or missing additional declaration.

Tick ‘Origin’ in the case of non-authorised country, non-authorised region or non-approved establishment

Tick ‘Identity’ in the case of missing label, mismatched label or document, incomplete label, mismatched means of transport, mismatched official seal number, mismatched identification mark or mismatched species

Tick ‘Physical’ in the case of hygiene failure, cold chain breakdown, temperature failure, sensory check failure or presence of parasites.

Tick ‘Laboratory’ in the case of chemical contamination, microbiological contamination, veterinary drug residues, exposure to radiation, non-compliant additives or genetically modified organisms (GMOs).

Tick ‘IAS’ in the case of invasive alien species of Union concern

Tick ‘Other’ where none of the aforementioned reasons are applicable.

CHED-PP

Tick ‘Documentary’ in the case of missing or invalid certificate or plant passport or any other document providing guarantees in accordance with Union law.

Tick ‘Origin’ in the case of unknown company registration number where required.

Tick ‘Identity’ in the case of mismatch with documents accompanying the consignment.

Tick ‘Physical’ in the case of presence of a pest or prohibited plants, plant products or other objects.

Tick ‘Other’ where the consignee is not listed in official register of producers/importers.

Tick ‘IAS’ in the case of invasive alien species of Union concern.

CHED-D

Tick ‘Documentary’ in the case of missing or invalid certificate or other required accompanying documents.

Tick ‘Identity’ in the case of mismatch with accompanying documents.

Tick ‘Laboratory’ in the case of chemical contamination or microbiological contamination.

Tick ‘Physical’ in the case of physical hygiene failure.

Tick ‘Other’ where none of the aforementioned reasons are applicable.

II.18

Details of controlled destinations

Indicate the name, address and registration/approval number for all controlled destinations mentioned in boxes II.9 to II.16.

CHED-A

For the establishments for which the competent authority requests anonymity, indicate the assigned registration/approval number only.

CHED-PP/CHED-D

In the case of onward transportation, indicate the name, address and, where applicable, the registration number of the onward transportation facility.

In case of transfer to a control point, indicate the contact details and the unique alphanumeric code assigned by the IMSOC to the control point.

II.19

Consignment resealed

Indicate the number of the seal attached after official controls in the BCP or after storage in a specially approved customs warehouse and in cases where Union law requires an official seal.

II.20

Identification of BCP

Apply the official stamp of the BCP or control point as appropriate.

In the case of a subsequent CHED-P for a non-conforming consignment, indicate the name of the control unit in charge of supervising the free zone or specially approved customs warehouse.

II.21

Certifying officer

This box refers to the statement to be signed by the certifying officer entitled to sign the CHED:

I, the undersigned certifying officer, certify that the checks on the consignment have been carried out in accordance with the Union requirements and where applicable in accordance with the national requirements of the Member State of destination.

II.22

Inspection fees

This box may be used to indicate the inspection fees.

II.23

Customs document reference

This box may be used by the customs authority or after communication from the customs authority by the responsible for the consignment to add relevant information (e.g. the reference of the T1 document) where consignments remain under customs supervision for a certain period.

II.24

Subsequent CHED

Indicate the alphanumeric code of one or more CHEDs issued in the cases to be established pursuant to Article 51 and point (a) of Article 53(1) of Regulation (EU) 2017/625 or after splitting at the BCP.

| PART III – FOLLOW-UP |
| --- |
| Box | Description |
| III.1 | Previous CHED |
| This is the unique alphanumeric code indicated in box II.1. |
| III.2 | CHED reference |
| This is the unique alphanumeric code indicated in box I.2. |
| III.3 | Subsequent CHED |
| Indicate the alphanumeric code of one or more CHEDs indicated in box II.24. |
| III.4 | Details on re-dispatch |
| Indicate the means of transport used and its identification, the country and the ISO country code.
  Indicate the date of re-dispatch and the name of the exit BCP, as soon as this information is known. In the case of rejection decisions, the date of re-dispatching must be no more than 60 days from the date of the validation of the CHED. |
| III.5 | Follow-up by |
| Indicate the authority in charge of certifying the reception and compliance of the consignment covered by the CHED: the exit BCP, the final destination BCP or the control unit.
  CHED-A
  Indicate the further destination and/or reasons for non-compliance or for changing the animals’ status (e.g. invalid destination, missing or invalid certificate, document mismatch, missing or invalid identification, unsatisfactory tests, suspected animal(s), dead animal(s), lost animal(s) or conversion into permanent entry).
  CHED-P
  Indicate the further destination and/or reasons for non-compliance (e.g invalid destination, missing or invalid certificate, document mismatch, missing or invalid identification, unsatisfactory controls, missing, broken, or mismatched official seal number...).
  CHED-PP
  In the case of goods under onward transportation or transfer to a control point, tick ‘yes’ or ‘no’ to indicate whether the consignment has arrived.
  CHED-D
  In the case of goods under onward transportation or transfer to a control point, tick ‘yes’ or ‘no’ to indicate whether the consignment has arrived. |
| III.6 | Certifying officer |
| This refers to the signature of the certifying officer of the competent authority in the case of re-dispatch and follow-up of the consignments. |

PART III – FOLLOW-UP

Box

Description

III.1

Previous CHED

This is the unique alphanumeric code indicated in box II.1.

III.2

CHED reference

This is the unique alphanumeric code indicated in box I.2.

III.3

Subsequent CHED

Indicate the alphanumeric code of one or more CHEDs indicated in box II.24.

III.4

Details on re-dispatch

Indicate the means of transport used and its identification, the country and the ISO country code.

Indicate the date of re-dispatch and the name of the exit BCP, as soon as this information is known. In the case of rejection decisions, the date of re-dispatching must be no more than 60 days from the date of the validation of the CHED.

III.5

Follow-up by

Indicate the authority in charge of certifying the reception and compliance of the consignment covered by the CHED: the exit BCP, the final destination BCP or the control unit.

CHED-A

Indicate the further destination and/or reasons for non-compliance or for changing the animals’ status (e.g. invalid destination, missing or invalid certificate, document mismatch, missing or invalid identification, unsatisfactory tests, suspected animal(s), dead animal(s), lost animal(s) or conversion into permanent entry).

CHED-P

Indicate the further destination and/or reasons for non-compliance (e.g invalid destination, missing or invalid certificate, document mismatch, missing or invalid identification, unsatisfactory controls, missing, broken, or mismatched official seal number...).

CHED-PP

In the case of goods under onward transportation or transfer to a control point, tick ‘yes’ or ‘no’ to indicate whether the consignment has arrived.

CHED-D

In the case of goods under onward transportation or transfer to a control point, tick ‘yes’ or ‘no’ to indicate whether the consignment has arrived.

III.6

Certifying officer

This refers to the signature of the certifying officer of the competent authority in the case of re-dispatch and follow-up of the consignments.

PART 2

Common health entry document (CHED) templates

Section A

CHED-A

(for animals referred to in point (a) of Article 47(1) of Regulation (EU) 2017/625)

Image 14

Image 15

Image 16

Image 17

Image 18

Section B

CHED-P

(for products referred to in point (b) of Article 47(1) of Regulation (EU) 2017/625)

Image 19

Image 20

Image 21

Image 22

Image 23

Section C

CHED-PP

(for plants, plant products and other objects referred to point (c) of Article 47(1) of Regulation (EU) 2017/625)

Image 24

Image 25

Image 26

Image 27

Section D

CHED-D

(for feed and food of non-animal origin referred to in point (d) of Article 47(1) of Regulation (EU) 2017/625)

Image 28

Image 29

---

(1)  International standard two-letter code for a country in accordance with the ISO 3166 alpha-2 international standard; http://www.iso.org/iso/country_codes/iso-3166-1_decoding_table.htm

(2)  Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005, p. 1).

---

ANNEX III

Correlation table referred to in Article 47(2)

| 1. | Directive 94/3/EC






  Directive 94/3/EC | This Regulation |
| --- | --- | --- |
| Article 1 | Point (33) of Article 2 |
| Article 2(1) and (2) | Article 33(1) |
| Article 3 | Article 33(2) |
| Article 4 | _ |
| Article 5 | Point (34) of Article 2 |
| Article 6 | Point 10 of Annex I |
| Article 7 | _ |
| Article 8 | _ |

1.

Directive 94/3/EC

This Regulation

Article 1

Point (33) of Article 2

Article 2(1) and (2)

Article 33(1)

Article 3

Article 33(2)

Article 4

_

Article 5

Point (34) of Article 2

Article 6

Point 10 of Annex I

Article 7

_

Article 8

_

| 2. | Regulation (EU) No 16/2011






  Regulation (EU) No 16/2011 | This Regulation |
| --- | --- | --- |
| Point (1) of Article 1 | Point (2) of Article 2 |
| Point (2) of Article 1 | Point (3) of Article 2 |
| Point (3) of Article 1 | Point (4) of Article 2 |
| Point (4) of Article 1 | Point (15) of Article 2 |
| Point (5) of Article 1 | Point (16) of Article 2 |
| Point (5)(a) of Article 1 | Point (17) of Article 2 |
| Point (5)(b) of Article 1 | Point (18) of Article 2 |
| Point (6) of Article 1 | Point (20) of Article 2 |
| Point (7) of Article 1 | Point (22) of Article 2 |
| Point (8) of Article 1 | Point (23) of Article 2 |
| Point (9) of Article 1 | _ |
| Article 2(1) | Article 14(1) |
| Article 2(2) | Article 4(2) |
| Article 2(3) | Article 4(3) |
| Article 2(4) | Article 14(2) |
| Article 2(5) | Article 13 |
| Article 2(6) | Article 14(3) |
| Article 3(1) | Article 17(1) and (2) |
| Article 3(2) | Article 17(3) |
| Article 3(3) | Article 17(4) |
| Article 4(1) | Article 18(1) and (2) |
| Article 4(2) | Article 18(3) |
| Article 5(1) | Article 20(1) and (2) |
| Article 5(2) | Article 20(3) |
| Article 6(1) | Article 22(1) |
| Article 6(2) | Article 22(2) |
| Article 6(3) | Article 22(3) |
| Article 6(4) | Article 22(4) |
| Article 6(5) | Article 22(5) |
| Article 7(1) | Article 15(1) |
| Article 7(2) | Article 15(2) |
| Article 7(3) | Article 15(3) |
| Article 7(4) | Article 15(4) |
| Article 7(5) | - |
| Points (a) to (f) of the first paragraph of Article 8 | Points (a) to (f) of Article 24(1) |
| Second paragraph of Article 8 | - |
| Article 9(1) | Article 25(1)(b) |
| Article 9(2) | Article 25(2) and (3) |
| Article 10(1) and (2) | Article 27(1) |
| | |
| Point (a) of Article 11 | Article 24(3) |
| Point (b) of Article 11 | Article 24(4) |
| Article 12 | _ |

2.

Regulation (EU) No 16/2011

This Regulation

Point (1) of Article 1

Point (2) of Article 2

Point (2) of Article 1

Point (3) of Article 2

Point (3) of Article 1

Point (4) of Article 2

Point (4) of Article 1

Point (15) of Article 2

Point (5) of Article 1

Point (16) of Article 2

Point (5)(a) of Article 1

Point (17) of Article 2

Point (5)(b) of Article 1

Point (18) of Article 2

Point (6) of Article 1

Point (20) of Article 2

Point (7) of Article 1

Point (22) of Article 2

Point (8) of Article 1

Point (23) of Article 2

Point (9) of Article 1

_

Article 2(1)

Article 14(1)

Article 2(2)

Article 4(2)

Article 2(3)

Article 4(3)

Article 2(4)

Article 14(2)

Article 2(5)

Article 13

Article 2(6)

Article 14(3)

Article 3(1)

Article 17(1) and (2)

Article 3(2)

Article 17(3)

Article 3(3)

Article 17(4)

Article 4(1)

Article 18(1) and (2)

Article 4(2)

Article 18(3)

Article 5(1)

Article 20(1) and (2)

Article 5(2)

Article 20(3)

Article 6(1)

Article 22(1)

Article 6(2)

Article 22(2)

Article 6(3)

Article 22(3)

Article 6(4)

Article 22(4)

Article 6(5)

Article 22(5)

Article 7(1)

Article 15(1)

Article 7(2)

Article 15(2)

Article 7(3)

Article 15(3)

Article 7(4)

Article 15(4)

Article 7(5)

-

Points (a) to (f) of the first paragraph of Article 8

Points (a) to (f) of Article 24(1)

Second paragraph of Article 8

-

Article 9(1)

Article 25(1)(b)

Article 9(2)

Article 25(2) and (3)

Article 10(1) and (2)

Article 27(1)

Point (a) of Article 11

Article 24(3)

Point (b) of Article 11

Article 24(4)

Article 12

_

| 3. | Implementing Decision 2014/917/EU






  Implementing Decision 2014/917/EU | This Regulation |
| --- | --- | --- |
| Article 1(1) and (2) | _ |
| Article 2(1) and (3) | Article 32(1) |
| Article 2(2) and (4) | Article 32(3) |
| | |
| Article 2(5) | Article 32(4) |
| Article 3 | _ |
| Annex | Annex I |

3.

Implementing Decision 2014/917/EU

This Regulation

Article 1(1) and (2)

_

Article 2(1) and (3)

Article 32(1)

Article 2(2) and (4)

Article 32(3)

Article 2(5)

Article 32(4)

Article 3

_

Annex

Annex I

| 4. | Implementing Decision (EU) 2015/1918






  Implementing Decision (EU) 2015/1918 | This Regulation |
| --- | --- | --- |
| Article 1 | _ |
| Article 2 | _ |
| | |
| | |
| Article 3(1) | _ |
| Article 3(2) | _ |
| Article 3(3) | _ |
| Article 3(4) | _ |
| Article 4 | Article 12 |
| Article 5 | _ |
| Article 6 | Article 26(1) |
| Point (a) of Article 7 | Article 8(1) |
| Point (b) of Article 7 | Article 8(2) |
| Point (c) of Article 7 | _ |
| Point (d) of Article 7 | Article 15(1) |
| Article 8(1) | Article 15(1) |
| Point (a) of Article 8(2) | Article 16(1)(a) |
| Point (b) of Article 8(2) | Article 16(1)(b) |
| Point (c) of Article 8(2) | Article 16(1)(c) |
| Point (d) of Article 8(2) | Article 16(1)(d) |
| Point (e) of Article 8(2) | _ |
| Point (f) of Article 8(2) | _ |
| Point (g) of Article 8(2) | Article 16(1)(f) |
| Article 9(1) | Article 10(1) |
| Article 9(2) | - |
| Article 10(1) | Article 10(2) |
| Article 10(2) and (3) | Article 11(1) |
| Article 10(4) | Article 11(3) |
| Article 10(5) | Article 11(2) |
| Article 11 | Article 26(2) |
| Article 12 | Article 11(2)(b) and (3)(b) |
| Article 13 | _ |
| Article 14 | _ |

4.

Implementing Decision (EU) 2015/1918

This Regulation

Article 1

_

Article 2

_

Article 3(1)

_

Article 3(2)

_

Article 3(3)

_

Article 3(4)

_

Article 4

Article 12

Article 5

_

Article 6

Article 26(1)

Point (a) of Article 7

Article 8(1)

Point (b) of Article 7

Article 8(2)

Point (c) of Article 7

_

Point (d) of Article 7

Article 15(1)

Article 8(1)

Article 15(1)

Point (a) of Article 8(2)

Article 16(1)(a)

Point (b) of Article 8(2)

Article 16(1)(b)

Point (c) of Article 8(2)

Article 16(1)(c)

Point (d) of Article 8(2)

Article 16(1)(d)

Point (e) of Article 8(2)

_

Point (f) of Article 8(2)

_

Point (g) of Article 8(2)

Article 16(1)(f)

Article 9(1)

Article 10(1)

Article 9(2)

-

Article 10(1)

Article 10(2)

Article 10(2) and (3)

Article 11(1)

Article 10(4)

Article 11(3)

Article 10(5)

Article 11(2)

Article 11

Article 26(2)

Article 12

Article 11(2)(b) and (3)(b)

Article 13

_

Article 14

_

| 5. | Implementing Decision (EU) 2018/1553






  Implementing Decision (EU) 2018/1553 | This Regulation |
| --- | --- | --- |
| Article 1 | _ |
| Article 2(1) | Article 39(1), (3) and (4) |
| Article 2(2) | Article 39(2) |
| Article 2(3) | _ |
| Article 3 | _ |

5.

Implementing Decision (EU) 2018/1553

This Regulation

Article 1

_

Article 2(1)

Article 39(1), (3) and (4)

Article 2(2)

Article 39(2)

Article 2(3)

_

Article 3

_

---

RULES OF PROCEDURE

| 14.10.2019 | EN | Official Journal of the European Union | L 261/97 |
| --- | --- | --- | --- |

14.10.2019

EN

Official Journal of the European Union

L 261/97

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DECISION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

of 1 October 2019

on internal rules concerning restrictions of certain rights of data subjects in relation to the processing of personal data in the exercise of non-judicial functions of the Court of Justice of the European Union

THE COURT OF JUSTICE OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 thereof,

Having regard to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (1) (‘the Regulation’), and in particular Article 25 thereof,

Having regard to the opinion of the European Data Protection Supervisor (‘the EDPS’) of 26 July 2019, consulted in accordance with Article 41(2) of the Regulation,

Having regard to the opinion of the Administrative Committee of 16 September 2019,

Whereas the Regulation applies, in the same way as to any Union institution, to the Court of Justice of the European Union so far as concerns the processing of personal data in the exercise of its non-judicial functions;

Whereas it is appropriate, therefore, to implement in respect of such processing Article 25 of the Regulation by adopting the internal rules referred to in that Article,

HAS ADOPTED THIS DECISION:

Article 1

Subject matter and scope

This Decision lays down rules relating to the conditions under which the Court of Justice of the European Union, in the exercise of its non-judicial functions, may restrict the application of Articles 14 to 21, 35 and 36 of the Regulation, as well as Article 4 of the Regulation, pursuant to Article 25 thereof.

Article 2

Restrictions

1.   In accordance with Article 25(1) of the Regulation, the application of Articles 14 to 21, 35 and 36 of the Regulation, as well as Article 4 of the Regulation in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 21, may be restricted in the case of:

| (a) | administrative investigations conducted in accordance with the relevant internal rules; pre-disciplinary, disciplinary and suspension proceedings conducted pursuant to Article 86 of the Staff Regulations of the European Union (‘the Staff Regulations’) and the provisions of Annex IX thereto; the handling of whistleblowing in accordance with the relevant internal rules; security inquiries conducted in accordance with the relevant internal rules; investigations carried out by the data protection officer in accordance with the last sentence of Article 45(2) of the Regulation and the relevant internal rules; notification of a case to the European Anti-Fraud Office (OLAF). Relevant restrictions may be based on Article 25(1)(b), (c), (d), (g) and (h) of the Regulation; |
| --- | --- |

(a)

administrative investigations conducted in accordance with the relevant internal rules; pre-disciplinary, disciplinary and suspension proceedings conducted pursuant to Article 86 of the Staff Regulations of the European Union (‘the Staff Regulations’) and the provisions of Annex IX thereto; the handling of whistleblowing in accordance with the relevant internal rules; security inquiries conducted in accordance with the relevant internal rules; investigations carried out by the data protection officer in accordance with the last sentence of Article 45(2) of the Regulation and the relevant internal rules; notification of a case to the European Anti-Fraud Office (OLAF). Relevant restrictions may be based on Article 25(1)(b), (c), (d), (g) and (h) of the Regulation;

| (b) | contact, by a member of the staff of the Court of Justice of the European Union, with the counsellor in the context of the informal procedure for cases of harassment. Relevant restrictions may be based on Article 25(1)(h) of the Regulation; |
| --- | --- |

(b)

contact, by a member of the staff of the Court of Justice of the European Union, with the counsellor in the context of the informal procedure for cases of harassment. Relevant restrictions may be based on Article 25(1)(h) of the Regulation;

| (c) | the processing of a request or of a complaint within the meaning of article 90 of the Staff Regulations. Relevant restrictions may be based on Article 25(1)(h) of the Regulation; |
| --- | --- |

(c)

the processing of a request or of a complaint within the meaning of article 90 of the Staff Regulations. Relevant restrictions may be based on Article 25(1)(h) of the Regulation;

| (d) | the conduct of an internal audit. Relevant restrictions may be based on Article 25(1)(c), (g) and (h) of the Regulation; |
| --- | --- |

(d)

the conduct of an internal audit. Relevant restrictions may be based on Article 25(1)(c), (g) and (h) of the Regulation;

| (e) | cooperation with the other institutions, bodies, offices and agencies of the European Union. Relevant restrictions may be based on Article 25(1)(b), (c), (d), (g) and (h) of the Regulation; |
| --- | --- |

(e)

cooperation with the other institutions, bodies, offices and agencies of the European Union. Relevant restrictions may be based on Article 25(1)(b), (c), (d), (g) and (h) of the Regulation;

| (f) | cooperation with the authorities of the Member States and of third countries as well as with international organisations. Relevant restrictions may be based on Article 25(1)(b), (c), (g) and (h) of the Regulation; |
| --- | --- |

(f)

cooperation with the authorities of the Member States and of third countries as well as with international organisations. Relevant restrictions may be based on Article 25(1)(b), (c), (g) and (h) of the Regulation;

| (g) | the processing of personal data contained in documents produced or obtained in the context of judicial cases to which the Court of Justice of the European Union is a party. Relevant restrictions may be based on Article 25(1)(e) and (h) of the Regulation. |
| --- | --- |

(g)

the processing of personal data contained in documents produced or obtained in the context of judicial cases to which the Court of Justice of the European Union is a party. Relevant restrictions may be based on Article 25(1)(e) and (h) of the Regulation.

2.   The categories of data include identification data of a natural person, contact information, professional roles and tasks, information on private and professional conduct and performance, and financial data.

3.   Any restriction shall respect the essence of the fundamental rights and freedoms and be necessary and proportionate in a democratic society.

4.   A necessity and proportionality test in relation, in particular, to the risk of infringement of the rights and freedoms of data subjects shall be carried out on a case-by-case basis before restrictions are applied. Restrictions shall be limited to what is strictly necessary to achieve the set objectives.

5.   The restrictions applied and the outcome of the necessity and proportionality analysis in relation, in particular, to the risk of infringement of the rights and freedoms of data subjects shall be recorded in a memorandum drawn up by the data controller. Those memoranda shall be part of an ad hoc register which is maintained by the data protection officer and which shall be made available on request to the EDPS. The data protection officer shall have access to any document underlying those memoranda.

6.   When personal data are exchanged with other organisations, there shall be a consultation on the possible relevant grounds for imposing restrictions and the necessity and proportionality of the restrictions. This consultation shall not prevent the application of restrictions in accordance with this Decision.

Article 3

Assessment of risks, retention period and safeguards

1.   The assessment of the risks to the rights and freedoms of data subjects whose rights to the protection of personal data may be subject to restrictions within the meaning of Article 25 of the Regulation, as well as the retention period in respect of those data, shall be referenced in the record of the relevant processing activities, in accordance with Article 31 of the Regulation and, if applicable, in the data protection impact assessments, in accordance with Article 39 of the Regulation.

2.   Safeguards shall be implemented to prevent abuse or unlawful access or transfer of personal data that may be subject to restrictions within the meaning of Article 25 of the Regulation. The safeguards shall include:

| (a) | the technical and organisational measures described, in respect of each processing concerned, in the record of processing activities; |
| --- | --- |

(a)

the technical and organisational measures described, in respect of each processing concerned, in the record of processing activities;

| (b) | due monitoring of restrictions and a periodical revision, which shall be done at least every six months. A revision must also be carried out when essential elements of the case at hand change. The restrictions shall be lifted as soon as the circumstances that justify them no longer apply. |
| --- | --- |

(b)

due monitoring of restrictions and a periodical revision, which shall be done at least every six months. A revision must also be carried out when essential elements of the case at hand change. The restrictions shall be lifted as soon as the circumstances that justify them no longer apply.

Article 4

Confidentiality of electronic communications

Other than in the cases referred to in Article 2(1) and, in particular, in point (a) thereof, the right to confidentiality of electronic communications, within the meaning of Article 36 of the Regulation, may be restricted, in exceptional cases, on the basis of specific internal rules which shall detail the grounds, the procedure to be followed and the safeguards to be observed.

Article 5

Information for data subjects on restrictions of their rights

1.   General information shall be published on the website of the Court of Justice of the European Union for data subjects concerning the rights that may be restricted and the reasons for, and duration of, such restrictions, in accordance with this Decision.

2.   Where the rights referred to in Articles 14 to 21, 35 and 36 of the Regulation, as well as Article 4 of the Regulation in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 21, are restricted, wholly or partly, the data subject shall be informed of the principal reasons on which the application of the restriction is based and of his or her right to lodge a complaint with the EDPS.

3.   The communication of information concerning the reasons for the restriction, referred to in paragraph 2, shall be deferred, omitted or denied if it renders that restriction ineffective. The assessment relating thereto shall take place on a case-by-case basis.

Article 6

Entry into force

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Official Journal of the European Union

Done at Luxembourg, 8 October 2019.

Registrar

A.CALOT ESCOBAR

President

KLENAERTS

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(1)  
  OJ L 295, 21.11.2018, p. 39.

1

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Corrigenda

| 14.10.2019 | EN | Official Journal of the European Union | L 261/100 |
| --- | --- | --- | --- |

14.10.2019

EN

Official Journal of the European Union

L 261/100

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Corrigendum to Commission Implementing Regulation (EU) 2019/1295 of 1 August 2019 amending Implementing Regulation (EU) 2018/1469 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EU) 2016/1036

(
  Official Journal of the European Union L 204 of 2 August 2019
  )

On page 27, in Article 1:

for:

‘The entry concerning LLC Interpipe Niko Tube and OJSC Interpipe Nizhnedneprovsky Tube Rolling Plant (Interpipe NTRP) in the table of Article 1(2) of Implementing Regulation (EU) No 585/2012 shall be replaced by the following:’

read:

‘The entry concerning LLC Interpipe Niko Tube and OJSC Interpipe Nizhnedneprovsky Tube Rolling Plant (Interpipe NTRP) in the table of Article 1(2) of Implementing Regulation (EU) 2018/1469 shall be replaced by the following:’.

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