CELEX: 
Language: en
Date: 2019-08-23
Title: COMMISSION DELEGATED REGULATION (EU) …/... supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts

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.
            
            
               Article 53(1)(a) and (b) of Regulation (EU) 2017/625 provide delegating powers for the Commission to lay down cases and conditions under which certain categories of animals and goods referred in Article 47(1) of Regulation (EU) 2017/625 coming from third countries  maybe subject to official controls elsewhere that at border control posts. 
            
            
               The purpose of this Delegated Regulation is to establish:
            
            
               –specific rules for identity checks and physical checks performed at designated control points on consignments of plants, plant products, and other objects referred to in Article 47(1)(c) and (e) of Regulation (EU) 2017/625 and food and feed of non-animal origin subject to the measures provided for by the acts referred to in Article 47(1)(d)(e) and (f) of Regulation (EU) 2017/625, 
            
            
               –requirements for documentary checks performed at distance from the border control posts on consignments of plants, plant products, and other objects referred to in Article 47(1)(c) of Regulation (EU) 2017/625.
            
            
               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
            
            
               The Commission Expert Group "official controls" (E00911) was consulted at several occasions. Also a number of meetings have been held with relevant stakeholders where the main elements of the draft act were illustrated and discussed.
            
            
               No impact assessment has been carried out, as Delegated Regulation is not expected to have any significant negative impact.
            
            
               3.LEGAL ELEMENTS OF THE DELEGATED ACT
            
            
               The legal basis is Articles 53(1)(a) and (e) of Regulation (EU) 2017/625.
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of XXX
            
            
               supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from 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) 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 Article 53(1)(a) and (e) thereof,
            
         
         
            
               Whereas:
            
            
               (1)Regulation (EU) 2017/625 of the European Parliament and of the Council establishes the framework for official controls and other official activities to verify compliance with Union agri-food chain legislation. That framework includes official controls performed on animals and goods entering the Union from third countries.
            
            
               (2)In this regard, with a view to ensuring an efficient performance of official controls and a proper control of risks, the competent authorities of the border control posts should be able to allow the performance of identity and physical checks on consignments of plants, plant products, and referred to in Article 47(1)(c) and (e) of Regulation (EU) 2017/625 at control points other than border control posts, subject to certain conditions. 
            
            
               (3)For the same reasons, this should also be the case for consignments of food and feed of non-animal origin subject to the measures provided for by the acts referred to in Article 47(1)(d), (e) and (f) of that Regulation. 
            
            
               (4)Commission Regulations (EC) 669/2009
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                and (EU) No 884/2014
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                lay down, among others, rules concerning the performance of identity and physical checks on consignments of food and feed of non-animal origin covered by them, at control points other than designated points of entry. In particular, Regulation (EU) No 884/2014 lays down conditions for the authorisation of the transfer of the consignment for the performance of identity and physical checks to a designated point of import, rules concerning documents required to accompany the consignment to the designated point of import, information obligations incumbent on the competent authorities at designated points of entry and on the operators responsible for the consignment, and rules applicable in the case the operator decides to change the designated point of import after the consignment has left the designated point of entry. Those Regulations are repealed with effect from 14 December 2019 and replaced by this Regulation. In order to ensure an effective performance of official controls and an adequate traceability of the consignments, the rules laid down in this Regulation should also make full use of the possibilities of exchange of information on official controls and the traceability of the consignments offered by IMSOC.
            
            
               (5)The competent authorities of the border control posts should authorise the transfer of a consignment of goods to a control point other than a border control post designated for that category of goods at the request of the operator. Operators who  make such  request should provide the competent authorities at the border control post with all the information necessary in order to facilitate the decision, in particular on the control point to which the consignment should be transferred. 
            
            
               (6)To the extent necessary in order to perform effective identity and physical checks, the competent authority of the border control post should be able to request the operator to transfer the goods to a control point other than the border control post. In such cases, in view of the costs of transportation endured by operator, the competent authority of the border control post should obtain the agreement of the operator before authorising the transfer to the control point. 
            
            
               (7)In order to limit risks to plant health or to public health the transfer of consignments of plants, plant products and other objects and of food and feed of non-animal origin to control point should be authorised based on satisfactory outcome of the documentary checks at the border control post. 
            
            
               (8)In order to ensure traceability of consignments, the competent authority of the control point should inform the competent authorities of the border control post of the arrival of the consignment. In the absence of such information, the competent authority at the border control post should inform the customs authorities and other authorities referred to in Article 75(1) of Regulation (EU) 2017/625 and undertake further investigation to determine the actual location of the consignment. 
            
            
               (9)In order for the competent authorities to be able to perform efficient identity and physical checks at control points of  consignments of plants, plant products and other objects these consignments have to be transported from the border control posts in a way that they do not cause infestation of or infection to other plants, plant products or other objects.  
            
            
               (10)For that reason, operators should ensure that the packaging and the means of transport are closed or sealed during the transfer to the control point. Consignments of wood of conifers are subject to reduced frequency as laid down in Commission Regulation (EC) No 1756/2004
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               . In such case the competent authorities should be able to allow the packaging or the means of transport of such consignments not to be closed or sealed during their transportation from the border control post to the control point if specific conditions are met. In order to limit the potential spread of pests within a certain geographical area and in order to restrict movement of such wood through the Union, the wood of conifers should be grown or produced in an area of a third country which shares the land border with a Member State and where the phytosanitary status of that area in the particular third country and of that Member State is the same. The competent authorities should ensure that before leaving the territory of their Member State, the wood of conifers is processed in a way that it does not represent a phytosanitary risk, so as to limit the spread of pests to other Member States. 
            
            
               (11)In order to organise efficient official controls, the competent authorities, including  customs authorities on which the Member State has conferred the responsibility to perform official controls and which are situated at distance from the border control post or at the control point other than the border control post, should be able to perform documentary checks at distance from the border control posts. 
            
            
               (12)With a view to ensuring an efficient performance of official controls at the points of entry into the Union other than the border control post, competent authorities, including customs authorities on which the Member State has conferred the responsibility to perform official controls, may perform documentary checks on consignments of plants, plant products and other objects which are subject to a reduced frequency rate as laid down in Commission Regulation (EC) No 1756/2004. 
            
            
               (13)The provisions of this Regulation should apply without prejudice to the relevant provisions of Regulation No (EU) 952/2013
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                of the European Parliament and of Council.
            
            
               (14)Commission Decision 2010/313/EU
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                authorises physical checks pursuant to Regulation (EC) No 669/2009 to be carried out at approved premises of food and feed business operators in Cyprus. Similarly, Commission Decision 2010/458/EU
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                authorises physical checks pursuant to Regulation (EC) No 669/2009 to be carried out at approved premises of food and feed business operators in Malta. Since this Regulation applies to the areas covered by these Decisions it is appropriate to repeal Decisions 2010/313/EU and 2010/458/EU with effect from the date of application of this Delegated Regulation. 
            
            
               (15)Since Regulation (EU) 2017/625 applies from 14 December 2019, this Delegated Regulation should also apply from that date for reasons of consistency and legal certainty. However, in accordance with Article 165(4) of Regulation (EU) 2017/625, the provisions of this Delegated Regulation relating to plants, plant products and other objects referred to in Article 47(1)(c) of Regulation (EU) 2017/625 should apply from 14 December 2020.
            
            
               (16)In order to avoid any legal uncertainties  pending the date of application of the provisions of this Delegated Regulation relating to plants, plant products and other objects referred to in Article 47(1)(c) of Regulation (EU) 2017/625, the relevant parts of Council Directive 2000/29/EC
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                should continue to apply until 13 December 2020,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
               Subject matter
            
            
               This Regulation lays down rules for cases where and conditions under which competent authorities may perform:
            
         
         
            
               (a)identity checks and physical checks at control points other than border control posts on:
            
            
               (i)consignments of plants, plant products, and other objects referred to in Articles 72(1) and 74(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council
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                and consignments of plants, plant products, and other objects subject to an emergency measure provided for in acts adopted in accordance with Articles 28(1), 30(1), 40(3), 41(3), 49(1), 53(3) and 54(3) of Regulation (EU) 2016/2031. 
            
            
               (ii)consignments of food and feed of non-animal origin subject to the measures provided for by the acts referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625; 
            
            
               (b)documentary checks at distance from a border control post on consignments of plants, plant products, and other objects referred to Articles 72(1) and 74(1) of Regulation (EU) 2016/2031.
            
            
               Chapter I
               Identity checks and physical checks performed at a distance from a border control post
            
            
               Article 2
               Conditions for the performance of identity and physical checks at control points other than border control posts
            
            
               1.Identity and physical checks may be performed at control points other than border control posts where the following conditions apply:
            
            
               (a)the operator  or the competent authority of the border control post has indicated in the Common Health Entry Document ('CHED') the control point where identity checks and physical checks are to be performed when giving the prior notification in accordance with Article 56(3)(a) of Regulation (EU) 2017/625; 
            
            
               (b)the outcome of documentary checks performed by the competent authorities of the border control post is satisfactory;
            
            
               (c)the competent authorities of the border control post has recorded in the CHED their authorisation to transfer the consignment to the control point;
            
            
               (d)before the consignment leaves the border control post, the operator has notified the competent authorities of the control point where identity and physical checks are to be performed of the expected time of the arrival of the consignment and of the means of transport by completing and submitting a separate CHED into the information management system for official controls ('IMSOC');
            
            
               (e)the operator has transported the consignment from the border control post to the control point under customs supervision without the goods being unloaded during the transport; 
            
            
               (f)the operator has ensured that the consignment is accompanied to the control point by a copy of the CHED referred to in point (c), in paper format or in electronic format;
            
            
               (g)the operator has ensured that: 
            
            
               (i)the consignments of plants, plant products, and other objects referred to in Articles 72(1) and 74(1) of Regulation (EU) 2016/2031 and consignments of plants, plant products, and other objects subject to an emergency measure provided for in acts adopted in accordance with Articles 28(1), 30(1), 40(3), 41(3), 49(1), 53(3) and 54(3) of Regulation (EU) 2016/2031 and consignments of food and feed of non-animal origin referred to in points (e) and (f) of Article 47(1) of Regulation (EU) 2017/625 are accompanied to the control point by an authenticated copy of the official certificates referred to in Article 50(1) of Regulation 2017/625 and issued in accordance with Article 50(2) of that Regulation; 
            
            
               (ii) consignments of food and feed of non-animal origin subject to the measures provided for by the acts referred to in points (e) and (f) of Article 47(1) of Regulation (EU) 2017/625 are accompanied to the control point by an authenticated copy of the results of laboratory analysis performed by the competent authorities of the third country and issued in accordance with Article 50(2) of that Regulation. 
            
            
               (h)the operator has provided the reference number of the CHED referred to in point (c) as a supporting document as referred to in Article 163 of Regulation (EU) 952/2013 of the European Parliament and of the Council
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                to the customs declaration which is lodged with the customs authorities for the consignment in accordance with  point (e).
            
            
               2.The requirement for the authenticated copy referred to in points (i) and (ii) of paragraph 1(g) to accompany the consignment shall not apply where the respective official certificates or results of laboratory analysis have been submitted in IMSOC by the competent authorities of the third country or uploaded in IMSOC by the operator and the competent authorities of the border control post have checked that they correspond to the original certificates or results of laboratory analyses.
            
            
               3.Where the competent authority of a Member State  manages an existing national system which record the results of documentary, identity and physical checks, point (d) of paragraph 1 shall not apply to consignments leaving the border control post to a control point within the same Member State, provided that the following requirements are fulfilled: 
            
            
               (a)information on the expected time of arrival of the consignment to the control point and of the type of the means of transport is available in the existing national system; 
            
         
         
            
               (b)the existing national system complies with the following conditions: 
            
            
               (i)it ensures timely information of customs authorities and of the operator on the authorisation referred to in point (c) of paragraph 1 and of the competent authorities of the border control post of the arrival of the consignment at the control point, 
            
            
               (ii)it exchanges electronic data with IMSOC, including information on rejections of consignments, and
            
            
               (iii)it ensures that the finalisation of the CHED referred to in point (c) of paragraph 1 may only take place after electronic data exchange and confirmation by IMSOC.
            
            
               Article 3
               Identity and physical checks on consignments of food and feed of non-animal origin performed at control points other than border control posts
            
            
               1.Identity checks and physical checks on consignments of food and feed of non-animal origin which are subject to the measures provided for by the acts referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625 may be performed by the competent authorities at control points other than border control posts, where either of the following applies:
            
            
               (a)the operator responsible for the consignment has requested to the competent authorities of the border control post that identity checks and physical checks are carried out at a control point, which has been designated for the category of goods of such consignment, and the competent authorities of the border control post authorise the transfer of the consignment to the control point; 
            
            
               (b)the competent authorities of the border control post have decided that identity checks and physical checks be performed at a control point, which has been designated for the category of goods of such consignment and the operator does not object to this decision.  
            
            
               2.The identity checks and physical checks referred in paragraph 1 shall be performed by the competent authorities of the border control post at the border control post if either of the following applies:
            
            
               (a)there is no authorisation by the competent authority of the border control post as referred in paragraph 1(a),  
            
            
               (b)the operator objects to the decision to transfer the consignment to the control point as referred in paragraph 1(b). 
            
            
               Article 4
               Identity and physical checks on consignments of plants, plant products and other objects performed at control points other than border control posts
            
            
               1.Identity checks and physical checks may be performed by the competent authorities at control points other than border control posts on consignments of:
            
            
               (a)plants, plant products, and other objects referred to in Articles 72(1) and  74(1) of Regulation (EU) 2016/2031,
            
            
               (b)plants, plant products, and other objects subject to an emergency measure provided for in acts adopted in accordance with Articles 28(1), 30(1), 40(3), 41(3), 49(1), 53(3) and 54(3) of Regulation (EU) 2016/2031.
            
            
               2.The identity checks and physical checks referred in paragraph 1 may be performed by the competent authorities at control points other than border control posts where either of the following applies:
            
            
               (a)the operator responsible for the consignment has requested to the competent authorities of the border control post that identity checks and physical checks are carried out at a control point, which has been designated for the category of goods of such consignment, and the competent authorities of the border control post authorise the transfer of the consignment to the control point; 
            
            
               (b)the competent authorities of the border control post have decided that identity checks and physical checks be performed at a control point, which has been designated for the category of goods of such consignment and the operator does not object to this decision. 
            
            
               3.The identity checks and physical checks referred in paragraph 1 shall be performed by the competent authorities of the border control post at the border control post if either of the following applies:
            
            
               (a)there is no authorisation by the competent authority of the border control post as referred in paragraph 2(a), or 
            
         
         
            
               (b)the operator objects to the decision to transfer consignment to control point as referred in paragraph 2(b). 
            
            
               Article 5
               Specific conditions for identity checks and physical checks at control points other than border control posts of consignments of plants, plant products and other objects
            
            
               1.The identity checks and physical checks may be performed at control points other than border control posts for the consignments of:
            
            
               (a)plants, plant products, and other objects referred to in Articles 72(1) and 74(1) of Regulation (EU) 2016/2031;
            
            
               (b)plants, plant products, and other objects subject to an emergency measure provided for in acts adopted in accordance with Articles 28(1), 30(1), 40(3), 41(3), 49(1), 53(3) and 54(3) of Regulation (EU) 2016/2031.
            
            
               2.The identity checks and physical checks may be performed at control points for consignments referred in paragraph 1 provided the operator has ensured that packaging or the means of transport of consignments are closed or sealed in such a way that, during their transfer to the control point they cannot cause infestation of or infection to other plants, plant products or other objects with the pests listed as Union quarantine pests or as Union regulated non-quarantine pests referred to in Articles 5(2) and 30(1) of Regulation (EU) 2016/203 and, in the case of protected zones, with the list pursuant to Article 32(3) of that Regulation.
            
            
               3.The competent authorities may allow that the packaging or the means of transport of consignments of plants, plant products and other objects is not closed or sealed, where the following conditions apply:
            
            
               (a)the consignment consists of wood of conifers grown or produced in an area of a third country where that third country shares a land border with the Member State for which competent authority is responsible and where there is information that the wood has the same phytosanitary status in that third country and that Member State, 
            
            
               (b)the consignments of wood of conifers are transported to a control point that is situated in the same Member State as the border control post of entry,
            
            
               (c)²the consignments of wood of conifers do not pose a specific risk of spreading Union quarantine pests, or pests subject to measures adopted pursuant to Article 30(1) of Regulation (EU) 2016/2031, during transport to the control point, 
            
            
               (d)before leaving the territory of that Member State, the competent authority  ensures that such wood is processed in a way that the wood does not represent a phytosanitary risk.
            
            
               4.Member States that make use of provisions referred to in paragraph 3 shall:
            
            
               (a)inform the Commission and the other Member States of the area of the third country concerned and on the phytosanitary status of this area; 
            
            
               (b)annually submit a report with the volume and results of official controls performed on the wood of conifers concerned.
            
            
               Article 6
               Operations during and after identity and physical checks at control points
            
            
               1.After the competent authorities of the border control post have authorised or decided on the transfer of the consignment to the control point indicated in the CHED, the operator responsible for the consignment shall not present the consignment for identity and physical checks to a control point different from the one indicated in the CHED, unless the competent authorities of the border control post authorise the change and provided that the conditions laid down in Articles 3 and 4 are complied with. 
            
            
               2.The competent authorities of the control point shall confirm the arrival of the consignment to the competent authorities of the border control post by completing in IMSOC the CHED referred to in Article 2(1)(a).
            
            
               3.The competent authorities of the control point shall finalise the separate CHED referred to in Article 2(1)(d) or in case of Article 2(3) the CHED referred to in Article 2(1)(c) by recording therein the outcome of the identity checks and physical checks and any decision on the consignment taken in accordance with Article 55 of Regulation (EU) 2017/625.
            
            
               4.The operator shall provide:
            
            
               (a)the reference number of separate CHED referred to in Article 2(1)(d) as a supporting document as referred to in Article 163 of Regulation (EU) 952/2013 to any customs declaration which is lodged with the customs authorities for the consignment, or
            
         
         
            
               (b)the reference number of CHED referred to in Article 2(1)(c) where provisions of Article 2(3) are applied as a supporting document as referred to in Article 163 of Regulation (EU) 952/2013 to any customs declaration which is lodged with the customs authorities for the consignment.
            
            
               5.Where within 15 days the consignment at the border control post was authorised the transfer to the control point, the competent authorities of the border control post have not received confirmation of the arrival of the consignment from the competent authorities of the control point, they shall: 
            
            
               (a)verify with the competent authorities of the control point whether the consignment has arrived at the control point;
            
            
               (b)where the verification provided for in point (a) shows that the consignment has not arrived at the control point, inform the customs authorities and other authorities referred to in Article 75(1) of Regulation (EU) 2017/625 of not having received confirmation of the arrival of the consignment to destination; 
            
            
               (c)undertake further investigation to determine the actual location of the goods in cooperation with customs authorities and other authorities as referred to in Article 75(1) of Regulation (EU) 2017/625.
            
            
               Chapter II
            
            
               Documentary checks performed at a distance from a border control post
            
            
               Article 7
               Documentary checks on consignments of plants, plant products and other objects performed at a distance from a border control post
            
            
               Documentary checks on consignments of plants, plant products and other objects as referred to in Article 47(1)(c) of Regulation (EU) 2017/625 entering the Union may be performed by either of the following: 
            
            
               (a)the competent authorities situated  at a distance from the border control post or at the a control point other than the border control post where the consignment has arrived, provided they are situated in the same Member State as the border control post of arrival of the consignment; 
            
            
               (b)the competent authorities at points of entry into the Union other than the border control post, where consignments consist of plants, plant products and other objects which are subject to a reduced frequency rate as laid down in the rules referred to in Article 1(2)(g) of Regulation (EU) 2017/625.
            
            
               Article 8
               Conditions for the performance of documentary checks on consignments of plants, plant products and other objects performed at a distance from a border control post
            
            
               1.The performance of documentary checks referred to in Article 7 shall be subject to compliance with the following conditions:
            
            
               (a)the competent authorities  referred to in Article 7 shall perform documentary checks on:
            
            
               (i)official certificates and results of laboratory tests uploaded in IMSOC by the competent authorities of the border control post of arrival of consignment, 
            
            
               (ii)official certificates and results of laboratory tests uploaded in IMSOC by the operator where the competent authorities of the border control post have checked that they correspond to the original certificates or results of laboratory tests, 
            
            
               (iii)official certificates and results of laboratory tests submitted in IMSOC by the competent authorities of third countries, or 
            
            
               (iv)original official certificates, when the competent authorities referred to in Article 7 are part of the designated border control posts as referred to in Article 4(2) of Commission Implementing Regulation 2019/1012
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               ;
            
            
               (b)the consignment shall not be transported to control point for identity and physical checks by the operator from the border control post until the competent authorities referred to in Article 7 have informed the competent authorities of the border control post of the satisfactory results of the documentary checks. 
            
            
               2.Where the consignment of plants, plant products and other objects is to be transported by operator to a control point for the performance of identity checks and physical checks Articles 2, 4 and 5 shall apply.
            
         
         
            
               3.A consignment of plants, plant products and other objects may be transported by the operator from the border control point to the control point for the performance of documentary checks, provided that the control point is under the supervision of the same competent authority as the border control post. 
            
            
               Chapter III
            
            
               Final provisions
            
            
               Article 9
               Repeals
            
            
               1.Commission Directive 2004/103/EC
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                is repealed with effect from 14 December 2020. 
            
            
               2.Commission Decisions 2010/313/EU and 2010/458/EU are repealed with effect from 14 December 2019. 
            
            
               Article 10
               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.
            
            
               It shall apply from 14 December 2019. 
            
            
               Articles 4(1)(a), 5(1)(a), 7 and 8 shall apply from 14 December 2020 . 
            
            
               Article 2(3) shall apply until 13 December 2023. 
            
            
               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