COMMISSION DELEGATED REGULATION (EU) …/... establishing detailed rules for the performance of specific official controls on consignments of animals and goods originating from and returning to the Union following a refusal of entry by a third country and establishing additional conditions for products of animal origin and composite products
Date: 2019-01-23
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: food safety



IMMC.Ares%282019%29380311.ENG.xhtml.PART-2019-511V2.docx








EXPLANATORY MEMORANDUM


1.CONTEXT OF THE DELEGATED ACT


Regulation (EU) 2017/625 on Official Controls (OCR) establishes the framework for official controls and other official activities to verify the correct application of Union agri-food chain legislation. This includes official controls performed on animals and goods entering the Union from third countries.


The purpose of this draft Commission Delegated Regulation is to establish rules for the performance of official controls on consignments of animals and goods originating from and returning to the Union following refusal of entry by a third country, and to establish public health requirements for products of animal origin and composite products returning to the EU.


This draft Commission Delegated Regulation establishes the obligation for the competent authorities to carry out documentary checks, identity checks and if necessary physical checks to ensure that the requirements of Article 1(2) of Regulation (EU) 2017/625 on Official Controls for certain categories of animals and goods returning to the Union are fulfilled.


This draft Commission Delegated Regulation is linked to the Delegated Regulation which will establish the monitoring of the condition for transport and arrival of the consignment to the place of destination (on the basis of Article 77.2 of Regulation (EU) 2017/625 on Official Controls).


2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT


The Commission Expert Group "official controls" (E00911) was consulted at several occasions, and a number of meetings have been held with relevant stakeholders.


The informal discussions contributed to the preparation of a draft which did not present controversial issues. 


3.LEGAL ELEMENTS OF THE DELEGATED ACT


The draft Commission Delegated Regulation is based on Regulation (EU) 2017/625 and in particular on Articles 77(1) (h) and 126(1) of Regulation (EU) 2017/625 thereof.


COMMISSION DELEGATED REGULATION (EU) …/...


of XXX


establishing detailed rules for the performance of specific official controls on consignments of animals and goods originating from and returning to the Union following a refusal of entry by a third country and establishing additional conditions for products of animal origin and composite products


(Text with EEA relevance)


THE EUROPEAN COMMISSION,


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


Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) 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 (Official Controls Regulation)
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, and in particular Articles 77(1)(h) and 126(1) thereof,


WHEREAS:




(1)Regulation (EU) 2017/625 of the European Parliament and of the Council establishes the framework for the performance of official controls and other official activities on animals and goods entering the Union from third countries to verify compliance with Union legislation in order to protect human, animal and plant health, animal welfare and, in relation to GMO and plant protection products, also the environment. That framework includes official controls performed on animals and goods entering the Union from third countries. 


(2)Consignments of animals or goods of Union origin returning to the Union following refusal of entry by a third country may pose risks for animal, public and plant health.


(3)Council Directive 97/78/EC
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 lays down rules governing the organisation of veterinary checks on products entering the Union from third countries. Regarding products as defined in Article 2(2)(a) of Directive 97/78/EC, Article 15 of that Directive lays down entry requirements and provisions relating to official controls for the re-importation of products of Union origin which have been refused by a third country, in order to ensure the protection of animal and public health. Directive 97/78/EC will be repealed by Regulation (EU) 2017/625 and will no longer apply from 14 December 2019. 


(4)Accordingly, on the basis of the empowerment conferred upon the Commission by Article 77(1)(h) of Regulation (EU) 2017/625, rules should be established for the performance of specific official controls and arrangements for the transport of consignments of animals and goods referred to in Article 47(1)(a),(b) and (c) of Regulation (EU) 2017/625 originating from, and returning to, the Union following a refusal of entry by a third country. The lists of animals and gods referred to in Article 47(1)(a) and (b) covered by this Regulation, previously laid down in Commission Decision 2007/275/EC concerning lists of animals and products subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC
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 are established by Regulation [XXXX adopted under Article 47(2)(a) of Regulation (EU) 2017/625], indicating their codes from the Combined Nomenclature.


(5)In order to ensure that there is no risk of introduction and spread of animal diseases or pests of plants into the Union, specific rules should be provided for the performance of the official controls on consignments of animals and goods at the border control post of arrival into the Union. During official controls it is necessary to ensure that consignments returning to the Union comply with animal health requirements, requirements applicable to animal by-products not intended for human consumption, or plant health requirements, as appropriate, for re-entry laid down in relevant Union legislation. 


(6)In addition, animals re-entering the Union should be checked at the border control post of arrival into the Union to ensure that they are fit for further transportation to their place of destination and that animal welfare requirements are respected.


(7)In order to ensure that consignments arrive at the destination, as it is required in the Union requirements for certain categories of animals and goods originating from, and returning to, the Union following refusal of entry by third country, monitoring of the conditions for transport and arrival of consignments of animals and goods referred to in Article 47(1)(a),(b) and (c) of Regulation (EU) 2017/625 covered by this Regulation is should be in line with requirements established in regulation [XXXX adopted under Article 77(2) of Regulation (EU) 2017/625].


(8)Animals and goods originating from the Union and exported to third countries in general should comply with the Union requirements referred to in Article 1(2)(a) of Regulation (EU) 2017/625. As products of animal origin and composite products that are refused by a third country, and which are returned to the Union, should be regarded as no longer fulfilling Union requirements they may pose risks to public health and accordingly additional requirements should be laid down in this respect.


(9)On the basis of empowerment conferred upon the Commission under Article 126(1) of Regulation (EU) 2017/625 additional conditions for the entry in the Union of products of animal origin and composite products intended for human consumption covered by Article 47(1)(b) of Regulation (EU) 2017/625 should be established to ensure that they comply with relevant requirements laid down in EU legislation and accordingly offer a level of protection of health equivalent to that ensured by the requirements referred to in Article 126(1) of that Regulation.


(10)Regulation (EU) 2017/625 applies from 14 December 2019. Accordingly, the rules laid down in this Regulation should also apply from that date,


HAS ADOPTED THIS REGULATION:


Article 1

Subject matter and scope


1.This Regulation lays down rules for the performance of specific official controls at border control posts on consignments of the categories of animals and goods referred to in Article 47(1)(a),(b) and (c) of Regulation (EU) 2017/625 originating from and returning to the Union following a refusal of entry by a third country. 


2.This Regulation supplements Regulation (EU) 2017/625 as regards additional requirements, aimed at protecting public health, for the entry into the Union of products of animal origin and composite products referred to in Article 47(1)(b) of Regulation (EU) 2017/625 intended for human consumption originating from and returning to the Union following a refusal of entry by a third country.


Article 2

Specific official controls on consignments of animals and goods originating from and returning to the Union following a refusal of entry by a third country


1.The competent authority at the border control post of arrival into the Union shall perform documentary and identity checks on consignments of animals and goods referred to in Article 1(1) of this Regulation originating from and returning to the Union following a refusal of entry by a third country. 


The competent authority at the border control post of arrival into the Union shall perform physical checks on the following consignments originating from and returning to the Union following a refusal of entry by a third country:


(a)consignments of animals referred to in Article 47(1)(a) of Regulation (EU) 2017/625;


(b)consignments of goods referred to in Article 47(1)(b) and (c) of Regulation (EU) 2017/625 when non-compliance of goods with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected in order to confirm or eliminate the suspicion.


2.The competent authority at the border control post of arrival into the Union shall verify compliance with the following requirements:




(a)for animals referred to in Article 47(1)(a) of Regulation (EU) 2017/625, animal health and animal welfare requirements set out in the rules referred to in Article 1(2)(d) and (f) of Regulation (EU) 2017/625;


(b)for products of animal origin and composite products referred to in Article 47(1)(b) of Regulation (EU) 2017/625:


(i)the applicable animal health requirements set out in the rules referred to in Article 1(2)(d) of Regulation (EU) 2017/625;


(ii)the requirements laid down in Article 3;


(c)for animal by-products referred to in Article 47(1)(b) of Regulation (EU) 2017/625 and for derived products as defined in Article 3(2) of Regulation (EC) No 1069/2009, the requirements set out in the rules referred to in Article 1(2)(e) of Regulation (EU) 2017/625;


(d)for goods referred to in Article 47(1)(c) of Regulation (EU) 2017/625, the plant health requirements set out in the rules referred to in Article 1(2)(g) of Regulation (EU) 2017/625. 


3.The competent authority at the border control post of arrival into the Union shall inform the competent authority at the place of destination via the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625 ("IMSOC") of the fact that the consignment referred to in Article 1 of this Regulation has been accepted to enter the Union with a specified place of destination.


4.Monitoring of the conditions for the transport and arrival of the consignment referred to in Article 1 to the place of destination shall be carried out, in accordance with Regulation [XXXX adopted under Article 77(2) of Regulation (EU) 2017/625], for the consignments for which:


(a)such monitoring is required in accordance with the rules referred to in points Article 1(2)(d),(e) and (g) of Regulation (EU) 2017/625, or


(b)a declaration from the competent authority of the place of destination is required in accordance with Article 3(1)(c).


Article 3

Public health requirements for products of animal origin and composite products originating from and returning to the Union following a refusal of entry by a third country


1.The competent authorities at the border control posts shall authorise the entry into the Union of consignments of the products of animal origin and composite products referred to in Article 47(1)(b) of Regulation (EU) 2017/625 originating from and returning to the Union following a refusal of entry by a third country, only where accompanied by:


(a)the original official certificate issued by the competent authority of the Member State of origin, or its electronic equivalent submitted in information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625 (IMSOC), or an authenticated copy of the official certificate provided by the competent authority of the Member State of origin;


(b)the official declaration of the competent authority or of other public authorities of the third country indicating the reason for refusal, the place and date of unloading and re-loading and confirming that:


(i)the consignment did not undergo any other handling except unloading, storage and re-loading;


(ii)the unloading and re-loading of the products of animal origin and composite products was handled hygienically to avoid cross contamination;


(iii)the products of animal origin and composite products were stored in hygienic conditions and at the required temperature for the relevant types of goods; 


(c)the declaration from the competent authority of the place of destination that they agree to receive the consignment. However, this declaration shall not be required in the case where the consignment is returned to its establishment of origin which is located in the same Member State as the border control post.


2.By way of derogation from paragraph 1(a), in cases where it is not possible to provide the documentation referred to in paragraph 1(a), the origin of the consignment may be authenticated in another way on the basis of documented evidence presented by the operator responsible for the consignment.


3.Sealed consignments with an intact original seal may be exempted from the requirement set out in paragraph 1(b), if the operator responsible for the consignment provides a declaration with a statement of the reason for refusal of entry by third country and confirming that transport has taken place under conditions appropriate for the relevant type of products of animal origin and composite products.




Article 4

Entry into force and date of application


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


It shall apply from 14 December 2019.


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


Done at Brussels,



   For the Commission


   The President


   Jean-Claude JUNCKER