CELEX: 
Language: en
Date: 2019-01-23
Title: COMMISSION DELEGATED REGULATION (EU) …/... establishing conditions for monitoring the transport and arrival of consignments of certain animals and goods from the border control post of arrival to the establishment at the place of destination in the Union

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 the draft Commission Delegated Regulation is to establish the conditions for monitoring the transport and arrival of consignments of certain animals and goods from the border control post of arrival to the establishment at the place of destination in the Union. 
            
            
               In order to ensure that consignments reach their destination, there is a need to establish the time limit by which a consignment must arrive at the place of destination as well as the requirements and time limits for the exchange of information between operators and competent authorities involved.
            
            
               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 Article 77(2) thereof.
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of XXX
            
            
               establishing conditions for monitoring the transport and arrival of consignments of certain animals and goods from the border control post of arrival to the establishment at the place of destination in the Union
            
            
               (Text with EEA relevance)
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Regulation (EU) No 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 Article 77(2) thereof, 
            
            
               Whereas:
            
            
               (1)Regulation (EU) 2017/625 establishes rules on the performance of official controls by the competent authorities of the Member States on animals and goods entering the Union in order to verify compliance with Union agri-food chain legislation.
            
         
         
            
               (2)Article 47(1) of Regulation (EU) 2017/625 specifies the categories of animals and goods subject to official controls at border control posts of first arrival into the Union.
            
            
               (3)For consignments of certain animals and goods entering into the Union, Union legislation provides for their monitoring from the border control post of arrival to the place of destination in the Union. Article 77(2) of Regulation (EU) 2017/625 empowers the Commission to adopt delegated acts concerning the conditions for monitoring the transport and arrival of consignments of certain animals and goods, from the border control post of arrival to the establishment at the place of destination in the Union.
            
            
               (4)Accordingly, specific transport conditions should be established in order to ensure that consignments reach their destination without being unloaded or split during transportation from the border control post of arrival in the Union to the place of destination in order to avoid any risk to animal health, plant health, public health and the environment.
            
            
               (5)Council Regulation (EC) No 1/2005
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                lays down rules concerning the transport of live vertebrate animals carried out within the Union, including the specific checks to be carried out by officials on consignments entering the custom territory of the Union. In particular, Chapter V of Annex I to Regulation (EC) No 1/2005 requires certain species to be unloaded after a defined journey time. Therefore, the provisions of Article 2 of this Regulation apply without prejudice of animal welfare rules that impose unloading or giving access to the animals during their transport.
            
            
               (6)Commission Implementing Regulation (EU) No 139/2013
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                lays down the animal health conditions for imports of certain birds into the Union. It provides that the total journey time for the direct transport of those birds from the border inspection post to an approved quarantine facility or centre must not normally exceed nine hours. That time limit should be taking into account for maximum allowed time limit for journey of the consignment from the border control post of arrival to the place of destination and monitored by the competent authorities accordingly to requirements of this Regulation.
            
            
               (7)It follows from Article 56(1) of Regulation (EU) 2017/625 that consignments of animals and goods entering the Union through border control posts must be accompanied by the Common Health Entry Document (CHED). It should be ensured that consignments subject to monitoring arrive at the establishment at the place of destination specified in the CHED. Therefore, the competent authority responsible for the establishment at the place of destination should confirm the arrival of the consignment at the place of destination within the specified time limit specified in this Regulation and carry out official controls to verify compliance with the required conditions laid down in this Regulation.
            
            
               (8)Where no information is available regarding the arrival of the consignment concerned at the establishment at the place of destination, the competent authority at the border control post of arrival and the competent authority responsible for performing official controls on animals or goods at the establishment at the place of destination should take appropriate measures with a view to establishing the actual destination of the consignment and in order to avoid any risk to animal health, plant health, public health and the environment. 
            
            
               (9)Regulation (EEC, EURATOM) No 1182/71 of the Council
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                determines the general rules applicable to periods, dates and time limits to ensure the uniform application of Union law. Therefore that Regulation should be taken into account for the calculation of the days for the actions to be taken.
            
            
               (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
            
            
               This Regulation lays down conditions for monitoring the transport and arrival of consignments of animals and goods referred to in Article 47(1) of Regulation (EU) 2017/625 which are intended for placing on the market in the Union, from the border control post of arrival to the establishment at the place of destination in the Union, where the animals and goods are subject to monitoring in accordance with Union legislation.
            
            
               Article 2
               Conditions for the transport of consignments to be monitored
            
            
               1.The competent authority at the border control post of arrival in the Union shall only authorise the transport of the consignments to the establishment at the place of destination indicated in the Common Health Entry Document (CHED) referred to in Article 56 of Regulation (EU) 2017/625 if the outcome of the official controls at the border control post of arrival is favourable.
            
            
               2.Consignments of animals and goods, for which an authorisation has been granted in accordance with paragraph 1, shall be:
            
            
               (a)transported directly to the establishment at the place of destination indicated in the CHED, without being unloaded or split:
            
            
               (i)within a maximum period of 15 days after completion of the checks at the border control post, or
            
            
               (ii)in the case of birds referred to in Commission Implementing Regulation (EU) No 139/2013, within the time limit specified in Article 7 of that Regulation,
            
            
               (b)sealed by the competent authority of the border control post of arrival.
            
            
               3.The competent authority of the border control post of arrival shall notify the expected arrival of the consignment to the competent authority responsible for performing official controls on animals or goods at the establishment at the place of destination through the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625 (IMSOC).
            
         
         
            
               Article 3
               Conditions for monitoring the arrival of consignments 
            
            
               1.The operator responsible for the establishment at the place of destination of the consignment shall inform the competent authority responsible for performing official controls on animals or goods at that establishment of the place of destination of the arrival of the consignment within one day off arrival at the place of destination.
            
            
               2.The competent authority responsible for performing official controls on animals or goods at the establishment at the place of destination shall notify through IMSOC the competent authority of the border control post of arrival of the receipt of the information referred to in paragraph 1 by completing Part III of the CHED within three days from the date of arrival of the consignment at the establishment at the place of destination.
            
            
               3.The competent authority responsible for performing official controls on animals or goods at the establishment at the place of destination shall carry out regular official controls at that establishment in order to ensure that consignments have arrived in accordance with Article 2(2)(a), in particular by checking entry records.
            
            
               4.If the competent authority at the border control post of arrival has not received the information referred in paragraph 2 of this Article within three days after the end of the periods referred to in Article 2(2)(a), it shall carry out further investigations, with a view to determining the actual place of destination of the consignment.
            
            
               5.Where the consignment does not arrive at the establishment at the place of destination, the competent authority of the border control post of arrival and the competent authority responsible for performing official controls on animals or goods at the establishment at the place of destination shall take appropriate enforcement action against the operator responsible for the consignment in accordance with Articles 138 and 139 of Regulation (EU) 2017/625. 
            
            
               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