CELEX: 
Language: en
Date: 2019-09-03
Title: COMMISSION DELEGATED REGULATION (EU) …/... supplementing Regulation (EU) 2017/625 as regards rules for specific official controls for certain categories of animals and goods, measures to be taken following the performance of such controls and certain categories of animals and goods exempted from official controls at border control posts

EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE DELEGATED ACT
            
            
               Regulation (EU) 2017/625 of the European Parliament and of the Council establishes rules on the performance of official controls by the competent authorities of the Member States. It provides that certain categories of animals and goods coming from third countries shall be subject to specific official controls or/and can be exempted from official controls at border control posts of first arrival into the Union. 
            
            
               Article 77(1)(a), (b) and (k) of Regulation (EU) 2017/625 provides an empowerment for the Commission to establish rules requiring that specific controls may be performed for certain categories of animals and goods entering the Union and measures are to be taken in case of non-compliance.
            
            
               Article 48(h) of Regulation (EU) 2017/625 provides that certain categories of animals and goods posing a low risk or no specific risk entering the Union may be exempted from official controls at border control posts.
            
            
               Based on Article 77(1)(a), (b) and (k) of Regulation (EU) 2017/625, this draft Delegated Regulation lays down rules for the specific official controls and measures to be taken following the performance of such controls. Based on Article 48(h), this draft Delegated Regulation lays down rules for cases of and conditions under which certain groups of animals and goods are exempted from official controls at border control posts, particularly in order to avoid unnecessary burden for operators and competent authorities.
            
            
               The draft Delegated Regulation replaces and repeals Commission Decision (EC) No°94/641 on veterinary checks on products imported into certain Greek islands and Commission Implementing Decision No°2012/44 on veterinary checks on products imported into certain French territories.
            
            
               Provisions laid down in this draft Delegated Regulation shall apply from 14 December 2019.
            
            
               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
            
            
               Commission Members States’ Expert Group "official controls" (E00911) and stakeholders were consulted.
            
            
               The informal discussions contributed to the preparation of a draft which did not presented controversial issues. 
            
            
               No impact assessment has been carried out, as the Delegated Regulation is not expected to have any significant negative impact
            
            
               3.LEGAL ELEMENTS OF THE DELEGATED ACT
            
            
               The legal basis for the Delegated Regulation are Article 77(1), letters (a), (b) and (k) and Article 48 letter (h) of Regulation (EU) 2017/625, which place an obligation on the Commission to act.
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of XXX
            
            
               supplementing Regulation (EU) 2017/625 as regards rules for specific official controls for certain categories of animals and goods, measures to be taken following the performance of such controls and certain categories of animals and goods exempted from official controls at border control posts
            
            
               (Text with EEA relevance)
            
            
               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)
                  1
               , and in particular Article 48(h), Article 77(1)(a), (b) and (k), and Article 149(2) thereof, 
            
            
               Whereas:
            
            
               (1)Article 77(1)(a), (b) and (k) of Regulation (EU) 2017/625 empowers the Commission to adopt rules for the performance of specific official controls for certain categories of animals and goods entering the Union and on measures to be taken in case of non-compliance. 
            
            
               (2)In the interest of ensuring efficient official controls of consignments of unskinned, furred wild game introduced into the Union, specific control requirements should be laid down where physical controls are finalised at the establishment of destination since complete physical checks and sampling cannot be performed at border control posts.
            
            
               (3)In the interest of ensuring efficient official controls of fresh fishery products directly landed in Union ports, it should be allowed for official controls to be performed in ports designated in accordance with Council Regulation (EC) No 1005/2008
                  2
               . 
            
            
               (4)Article 77(1)(k) of Regulation (EU) 2017/625 empowers the Commission to adopt rules for the performance of specific official controls for animals and goods referred to in Article 48(h) of that Regulation posing a low risk or no specific risk and exempted from official controls at border control posts, when such an exemption is justified.
            
            
               (5)In order to rationalise and simplify the application of the legislative framework, whilst simultaneously pursuing the objective of better regulation, the rules adopted to official controls under Articles 77(1)(k) and 48(h) of Regulation (EU) 2017/625 should be adopted together with those concerning other categories of goods also listed in the same Article 77(1), in its letters (a) and (b).
            
            
               (6)Where official controls are not performed at border control posts, conditions, such as adequate control arrangements, should be established to ensure that no unacceptable risks to public, animal and plant health are incurred where such animals and goods enter the Union. 
            
            
               (7)In case of frozen tuna posing low risk or no specific risk in accordance with Article 48(h) of Regulation (EU) 2017/625, official controls may be carried out at the processing establishment of destination, which is to be approved by the customs authorities for the temporary storage of non-Union goods in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council
                  3
               .
            
            
               (8)In case of fishery products posing low risk or no specific risk in accordance with Article 48(h) of Regulation (EU) 2017/625 caught by vessels flying the flag of a Member State and introduced into the Union after being unloaded in third countries, as referred to in Article 72 of Commission Implementing Regulation (EU) 2019/627
                  4
               , measures should be taken in case of suspected non-compliance.
            
            
               (9)Animals and goods entering the Union through certain Greek islands and through certain French territories pose a low risk given that such animals and goods are not placed on the market outside these islands or territories. Adequate official control requirements and measures should be established to ensure that such animals and goods are not to be placed on the market outside these islands or territories.
            
            
               (10)Given that this Regulation lays down rules covered by Commission Decision 94/641/EC
                  5
                and Commission Implementing Decision 2012/44/EU,
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                those legal acts should be repealed.
            
            
               (11)Pursuant to Article 149(1) of Regulation (EU) 2017/625 relevant provisions of Council Directives 91/496/EEC
                  7
                and 97/78/EC
                  8
                which govern matters referred to inter alia in Article 48(h) of that Regulation are to continue to apply until 14 December 2022.
            
            
               (12)Pursuant to Article 149(2) of Regulation (EU) 2017/625 the date of application of the rules established by this Regulation related to the repeal of Council Directives 91/496/EEC and 97/78/EC is from 14 December 2019 since Regulation (EU) 2017/625 applies from that date in order to ensure legal certainty. 
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
               Subject matter
            
            
               This Regulation establishes rules for the performance of specific official controls as regards certain categories of animals and goods and measures to be taken in case of non-compliance. It lays down rules for cases where and conditions under which certain categories of animals and goods are exempted from official controls at border control posts.
            
            
               Article 2
               Definitions
            
            
               For the purposes of this Regulation, the following definitions apply:
            
         
         
            
               (1)‘IMSOC’ means the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625;
            
            
               (2)‘fresh fishery products’ means fresh fishery products as defined in point 3.5 of Annex I to Regulation (EC) No 853/2004
                  9
               ;
            
            
               (3)‘frozen tuna’ means tuna kept in compliance with the requirements set out in point (2) of Chapter VII of Section VIII of Annex III to Regulation (EC) No 853/2004.
            
            
               Article 3
                  Unskinned, furred wild game
            
            
               1.The competent authority at the border control posts of first arrival into the Union may allow the dispatch of consignments of unskinned, furred wild game in vehicles or containers in accordance with Articles 2 and 3 of Delegated Regulation [C(2019)4500]
                  10
                to the establishment at the place of destination without finalising physical checks.
            
            
               2.The competent authority referred to in paragraph 1 shall inform the competent authority of the establishment at the place of destination of the necessity to finalise physical checks, in particular health checks and laboratory testing.
            
            
               3.The competent authority of the establishment at the place of destination shall inform the competent authority referred to in paragraph 1 of the results of the physical checks referred to in paragraph 2.
            
            
               Article 4
                  Fresh fishery products directly landed in Union ports designated by Member States from a fishing vessel flying a third country flag
            
            
               Official controls of fresh fishery products directly landed from a fishing vessel flying a third country flag may be performed by competent authorities in Union ports designated by Member States in accordance with Article 5(1) of Regulation (EC) No 1005/2008.
            
            
               Article 5
                  Frozen tuna directly landed in Union ports designated by Member States from a fishing vessel flying a third country flag 
            
            
               Member States may carry out, at the processing establishment of destination approved in accordance with Article 4 of Regulation (EC) No 853/2004, official controls of frozen tuna which has not been beheaded nor gutted and that has been landed directly in Union ports designated by Member States in accordance with Article 5(1) of Regulation (EC) No 1005/2008 from a fishing vessel flying a third country flag, subject to the following conditions:
            
            
               (a)the official controls are carried out by the competent authority of the nearest border control post;
            
            
               (b)the processing establishment of destination is approved by the customs authorities for the temporary storage of non-Union goods in accordance with Article 147(1) and Article 148 of Regulation (EU) No 952/2013;
            
            
               (c)the products are dispatched from the vessel to the processing establishment of destination in sealed vehicles or transport containers, under the supervision of the competent authority carrying out the official controls and under the relevant customs procedure in accordance with Articles 134, 135, 140, 141 and Article 148(5) of Regulation (EC) No 952/2013;
            
            
               (d)prior to the physical arrival of the consignment at designated Union ports, the operator responsible for the consignment has notified the competent authority referred to in point (a) of the arrival of the consignment by submitting in IMSOC a completed Common Health Entry Document (CHED) as referred to in Article 56 of Regulation (EU) 2017/625.
            
            
               Article 6
                  Fishery products intended for human consumption caught by vessels flying the flag of a Member State, unloaded in third countries
            
            
               1.Consignments of fishery products intended for human consumption caught by vessels flying the flag of a Member State, unloaded, with or without storage, in third countries before entering the Union by a different means of transportation as referred to in Article 72 of Regulation (EU) 2019/627 shall undergo documentary controls by the competent authority at border control posts of first arrival into the Union.
            
            
               2.Consignments referred to in paragraph 1 may be exempted from identity and physical checks at border control posts provided that they comply with the conditions laid down in Article 72 of Regulation (EU) 2019/627. 
            
            
               3.When non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is identified or suspected, the competent authority of the border control posts shall perform, in addition to documentary controls, identity and physical checks on the consignments referred to in paragraph 1 of this Article.
            
            
               Article 7
               Consignments entering the Union through certain Greek islands and certain French territories
            
         
         
            
               1.Products of animal origin and composite products entering the Union from third countries through the authorised island entry points in Rhodes, Mitilini and Iraklio (Crete) in Greece for local use in the Greek island of the entry point are exempted from official controls at border control posts.
            
            
               2.Animals, products of animal origin and composite products entering the Union from third countries through the authorised entry points in the French overseas departments of Guadeloupe, French Guiana, Martinique and Mayotte for local use in the French overseas department of the entry point are exempted from official controls at border control posts.
            
            
               Article 8
               Specific official controls on consignments entering the Union through certain Greek islands and certain French territories 
            
            
               1.Consignments referred to in Article 7 shall be subject, for each entry point, to documentary checks, identity checks and physical checks in accordance with Annex I.
            
            
               2.Each entry point shall be under the responsibility of a competent authority, which has at its disposal: 
            
            
               (a)official veterinarians responsible for taking decisions on the consignments in accordance with point (a) of Article 55(2) of Regulation (EU) 2017/625, and
            
            
               (b)if deemed necessary by the competent authority, staff trained in accordance with Article 2 of Regulation (EU) 2019/1081
                  11
               .
            
            
               3.The competent authority of the Greek island entry points referred to in Article 7 shall ensure that for each entry point staff and resources are available to carry out official controls on consignments for which the entry point is designated.
            
            
               4.Each French entry point referred to in Article 7 shall have all the facilities, equipment and staff necessary to carry out official controls on consignments for which the entry point is designated.
            
            
               Article 9
                  Responsibilities of operators regarding consignments entering the Union through certain Greek islands and certain French territories
            
            
               The operator responsible for consignments referred to in Article 7 shall:
            
            
               (a)notify the competent authority of the entry point of arrival of the consignment by submitting a completed CHED in the IMSOC prior to the physical arrival of the consignment at the entry point;
            
            
               (b)keep a register approved by the competent authority of the entry point showing the quantities of animals, products of animal origin and composite products for placing on the market and the names and addresses of the purchaser(s);
            
            
               (c)inform the purchaser(s) that the products of animal origin and composite products for placing on the market are for local consumption and must not be dispatched under any circumstances to other parts territories of the Union territory;
            
            
               (d)in the case of the French overseas departments of Guadeloupe, French Guiana, Martinique and Mayotte, inform the purchaser(s) that the animals for placing on the market are also for local breeding and production only and that those animals and goods must not be dispatched under any circumstances to other parts of the Union territory;
            
            
               (e)inform the purchaser(s) that, in the case of resale, the purchaser(s) must inform the new purchaser(s) where the latter is a commercial operator that the products of animal origin and composite products for placing on the market are for local consumption only and, in the case of the French overseas departments of Guadeloupe, French Guiana, Martinique and Mayotte, that the animals for placing on the market are also for local breeding and production only and that those animals and goods must not be dispatched under any circumstances to other parts of the Union territory.
            
            
               Article 10
               Repeals
            
            
               Decision 94/641/EC and Implementing Decision 2012/44/EU are repealed. References to repealed acts shall be construed as references to this Regulation and read in accordance with the correlation tables in Annex II.
            
            
               Article 11
               Entry into force and date of application
            
            
               This Regulation 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
               
            
         
         
      
    ---documentbreak--- 
      
         
         
            
               ANNEX I
            
            
               Specific official control measures on goods entering the Union through the authorised entry points of certain Greek islands or certain French territories
            
            
               1.The competent authority shall ensure that all data of products of animal origin and composite products, and, in the case of the French overseas departments of Guadeloupe, French Guiana, Martinique and Mayotte, also all data of animals, presented for placing on the market are entered in the IMSOC system.
            
            
               2.The competent authority shall check:
            
            
               (a)the accompanying certificates and documents;
            
            
               (b)the identity of the goods, and, in the case of the French overseas departments of Guadeloupe, French Guiana, Martinique and Mayotte, also the identity of the animals;
            
            
               (c)the packaging and marking;
            
            
               (d)the quality and state of preservation of the goods;
            
            
               (e)the transport conditions and, in the case of carriage by refrigerated means of transport, the temperature of the means of transport and the internal temperature of the goods;
            
            
               (f)any damage to the goods.
            
            
               3.The competent authority shall ensure that after the specific official controls are completed, the accompanying CHED indicates that goods for placing on the market, and, in the case of the French overseas departments of Guadeloupe, French Guiana, Martinique and Mayotte, also the animals, may only be for local use and must not be dispatched under any circumstances to other parts of the Union territory.
            
            
               4.The competent authority shall carry out regular inspections of the place of housing/storage of the consignments for placing on the market to verify that public health requirements and, in the case of the French overseas departments of Guadeloupe, French Guiana, Martinique and Mayotte, also animal health requirements are maintained and the consignments are not dispatched to other parts of the Union territory.
            
            
               
            
               ANNEX II
            
            
               Correlation tables
            
            
               1.Decision 94/641/EC
            
            
                     
                        Decision 94/641/EC
                     
                  
                  
                     
                        This Regulation
                     
                  
               
                     
                        Article 1
                     
                     
                        Article 2
                     
                     
                        Article 3, first indent
                     
                     
                        Article 3, second indent
                     
                     
                        Article 3, third indent
                     
                     
                        Article 3, fourth indent
                     
                     
                        Article 4
                     
                     
                        Article 5
                     
                     
                        Article 6
                     
                     
                        Article 7
                     
                     
                        Annex I
                     
                     
                        Annex II (1)
                     
                     
                        Annex II (2)
                     
                  
                  
                     
                        Article 7
                     
                     
                        Article 8(2)(a)
                     
                     
                        Article 9(a)
                     
                     
                        Article 9(b)
                     
                     
                        Article 9(c)
                     
                     
                        Article 9(e)
                     
                     
                        Article 8(1)
                     
                     
                        __
                     
                     
                        __
                     
                     
                        __
                     
                     
                        Article 7
                     
                     
                        Annex I (2)
                     
                     
                        Annex I (4)
                     
                  
               
            
               2.Implementing Decision 2012/44/EU
            
         
         
            
                     
                        Implementing Decision 2012/44/EU
                     
                  
                  
                     
                        This Regulation
                     
                  
               
                     
                        Article 1
                     
                     
                        Article 2 (1)
                     
                     
                        Article 2 (2)
                     
                     
                        Article 3 (1)
                     
                     
                        Article 3 (2)
                     
                     
                        Article 3 (3)
                     
                     
                        Article 3 (4)
                     
                     
                        Article 3 (5)
                     
                     
                        Article 4 (1)
                     
                     
                        Article 4 (2)
                     
                     
                        Article 4 (3)
                     
                     
                        Article 4 (4)
                     
                     
                        Article 4 (5)
                     
                     
                        Article 5
                     
                     
                        Article 6
                     
                     
                        Article 7
                     
                     
                        Article 8
                     
                     
                        Annex
                     
                  
                  
                     
                        Article 7
                     
                     
                        Article 8(2)
                     
                     
                        Article 8(4)
                     
                     
                        Article 9(a)
                     
                     
                        __
                     
                     
                        Article 9(b)
                     
                     
                        Article 9(c) and (d)
                     
                     
                        Article 9(e)
                     
                     
                        Article 8(1)
                     
                     
                        Article 8(1)
                     
                     
                        Annex I (1)
                     
                     
                        Annex I (3)
                     
                     
                        Annex I (4)
                     
                     
                        __
                     
                     
                        __
                     
                     
                        __
                     
                     
                        __
                     
                     
                        Article 7