CELEX: 
Language: en
Date: 2019-11-12 00:00:00
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... establishing the model official certificate and rules for issuing official certificates for goods which are delivered to vessels leaving the Union and intended for ship supply or consumption by the crew and passengers, or to NATO or a United States’ military base

EUROPEAN
                             COMMISSION
                                                       Brussels, 12.11.2019
                                                       C(2019) 7000 final
                COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                           of 12.11.2019
     establishing the model official certificate and rules for issuing official certificates for
    goods which are delivered to vessels leaving the Union and intended for ship supply or
   consumption by the crew and passengers, or to NATO or a United States’ military base
                                   (Text with EEA relevance)
EN                                                                                               EN
 ---pagebreak---                    COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                               of 12.11.2019
       establishing the model official certificate and rules for issuing official certificates for
      goods which are delivered to vessels leaving the Union and intended for ship supply or
     consumption by the crew and passengers, or to NATO or a United States’ military base
                                        (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 Articles 77(3)(a),
   90(a) and (f) thereof,
   Whereas:
   (1)      Regulation (EU) 2017/625 establishes the rules with which the competent authorities
            of the Member States must comply when performing official controls on animals and
            goods entering the Union in order to verify compliance with Union agri-food chain
            legislation.
   (2)      Commission Delegated Regulation [C(2019) 7003]2 lays down rules for the official
            controls of consignments of products of animal origin, germinal products, animal by-
            products, derived products, hay and straw and composite products from third
            countries, that are stored in warehouses located in the Union territory, and that are to
            be delivered either to a NATO or United States’ military base located in the Union
            territory or in a third country, or to a vessel leaving the Union and intended for ship
            supply or consumption by the crew and passengers.
   (3)      Delegated Regulation [C(2019) 7003] in particular provides that those consignments
            of products of animal origin, germinal products, animal by-products, derived products,
   1
            OJ L 95, 7.4.2017, p. 1.
   2
            Commission Delegated Regulation (EU) …/... of XXX supplementing Regulation (EU) 2017/625 of the
            European Parliament and of the Council as regards rules for official controls of consignments of
            animals and goods in transit, transhipment and onward transportation, amending Commission
            Regulations (EC) No 798/2008, (EC) No 1251/2008, (EC) No 119/2009, (EU) No 206/2010, (EU)
            No 605/2010, (EU) No 142/2011, (EU) No 28/2012, Commission Implementing Regulation (EU)
            2016/759 and Commission Decision 2007/777/EC (OJ L …., … ….,.2019, p. ….).
EN                                                     1                                                     EN
 ---pagebreak---         hay and straw and composite products must be accompanied by an official certificate
        when leaving the warehouse.
   (4)  Delegated Regulation [C(2019) 7003] also provides that consignments of products of
        animal origin, germinal products, animal by-products, derived products, hay and straw
        and composite products from third countries that are destined for a vessel leaving the
        Union must be accompanied by an official certificate when transported from the
        border control post to the vessel.
   (5)  For reasons of clarity and consistency, it is appropriate to establish a single model
        official certificate for consignments of products of animal origin, germinal products,
        animal by-products, derived products, hay and straw and composite products from
        third countries destined for delivery to vessels leaving the Union and intended for ship
        supply or consumption by the crew and passengers, or to NATO or United States’
        military bases located in the Union territory or in a third country.
   (6)  Frequently, the content of consignments is formed at warehouses. Such consignments
        may consist of goods that are derived from several consignments of different origins
        or product categories. In order to reduce administrative burdens, a single official
        certificate should be used for the goods in the newly formed consignments. The
        traceability of goods should be assured by indicating in the official certificate the
        number of the Common Health Entry Document (CHED) accompanying the original
        consignments from which the goods are derived.
   (7)  The official certificate may be issued by the competent authorities either in paper or in
        electronic format. Therefore, it is appropriate to establish requirements as regards the
        issuance of the official certificate in both cases.
   (8)  For the purpose of consistency, the rules applying to the issuance of electronic
        certificates and to the use of an electronic signature for official certificates laid down
        in Commission Implementing Regulation [C(2019) 7005] 3 should also apply to the
        model official certificate established in this Regulation.
   (9)  Model certificates are included in the electronic system TRACES, set up by
        Commission Decision 2003/623/EC4 and Commission Decision 2004/292/EC5 to
        facilitate and accelerate administrative procedures at Union borders and at customs
        warehouses and to enable electronic communication between the parties involved.
        Accordingly, the format of the model official certificate laid down in this Regulation
        and the notes on its completion should be adapted to the TRACES system.
   (10) In accordance with Article 133(4) of Regulation (EU) 2017/625, the TRACES system
        is to be integrated into the Information Management System for Official Controls
        (IMSOC). The model official certificate laid down in this Regulation should therefore
        be adapted to IMSOC.
   (11) Regulation (EU) 2017/625 applies from 14 December 2019. Accordingly, the rules
        laid down in this Regulation should also apply from that date.
   3
        Commission Implementing Regulation (EU) …/...of XXX laying down rules for the functioning of the
        information management system for official controls and its system components (‘the IMSOC
        Regulation’) (OJ L ….,.. ..,2019, p. ….).
   4
        Commission Decision 2003/623/EC of 19 August 2003 concerning the development of an integrated
        computerised veterinary system known as Traces (OJ L 216, 28.8.2003, p. 58).
   5
        Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and
        amending Decision 92/486/ EEC (OJ L 94, 31.3.2004, p. 63).
EN                                                  2                                                    EN
 ---pagebreak---    (12)   The measures provided for in this Regulation are in accordance with the opinion of the
          Standing Committee on Plants, Animals, Food and Feed,
   HAS ADOPTED THIS REGULATION:
                                                 Article 1
                                                Definition
   For the purposes of this Regulation, the definition of ‘warehouse’ set out in Article 2(3) of
   Commission Delegated Regulation [C(2019) 7003] shall apply.
                                                 Article 2
                                        Model official certificate
   1.       For the purposes of Article 21(1) and Article 29(c) of Commission Delegated
            Regulation [C(2019) 7003], the model official certificate set out in Part I of the
            Annex to this Regulation shall be used for the official certification of consignments
            of products of animal origin, germinal products, animal by-products, derived
            products, hay and straw and composite products which are delivered:
            (a)    to vessels leaving the Union territory and intended for ship supply or
                   consumption by the crew and passengers, or
            (b)    from a warehouse located in the Union territory to NATO or United States’
                   military bases located in the Union territory or in a third country.
            The official certificate may be issued in paper format or electronically through
            IMSOC.
   2.       Where the content of consignments is formed at a warehouse and composed of
            products of different origins or product categories, one single official certificate may
            be issued to accompany such consignment.
                                                 Article 3
            Requirements for official certificates which are not submitted in IMSOC
   Official certificates which are not submitted in IMSOC shall meet the following requirements:
   1.       in addition to the signature of the certifying officer, the official certificate shall bear
            an official stamp. The colour of the signature and stamp shall be different to the
            colour of the printing.
   2.       where the official certificate contains statements, statements which are not relevant
            shall be crossed out, initialled and stamped by the certifying officer, or completely
            removed from the certificate.
   3.       the official certificate shall consist of:
            (a)    a single sheet of paper; or
            (b)    several sheets of paper where all sheets are indivisible and constitute an
                   integral whole; or
            (c)    a sequence of pages numbered so as to indicate that it is a particular page in a
                   finite sequence.
EN                                                    3                                                 EN
 ---pagebreak---    4.        Where the official certificate consists of a sequence of pages, each page must
             indicate the unique code as referred to in Article 89(1)(a) of Regulation (EU)
             2017/625 and bear the signature of the certifying officer and the official stamp.
   5.        The official certificate shall be issued before the consignments to which it relates
             leave the control of the competent authorities at the border control post or at the
             warehouse.
                                                  Article 4
    Requirements for official certificates submitted in IMSOC and for the use of electronic
                                                 signature
   1.        Official certificates submitted in IMSOC shall be based on the model official
             certificate laid down in Part 1 of the Annex to this Regulation.
   2.        The official certificate shall be submitted in IMSOC before the consignments to
             which it relates leave the control of the competent authorities at the border control
             post or at the warehouse.
   3.        Official certificates submitted in IMSOC shall meet the requirements for the issuance
             of electronic official certificate and for the use of electronic signature laid down in
             Article 39 of Implementing Regulation [C(2019) 7005].
                                                  Article 5
                           Notes on the completion of the official certificate
   The official certificate shall be completed by reference to the notes set out in Part 2 of the
   Annex to this Regulation.
                                                  Article 6
                                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, 12.11.2019
                                                   For the Commission
                                                   The President
                                                   Ursula VON DER LEYEN
EN                                                    4                                              EN
 ---documentbreak---                                                                EN
                                                          ANNEX
                                                           PART 1
  Model of official certificate accompanying consignments of products of animal origin,
germinal products, animal by-products, derived products, hay and straw and composite
   products from third countries which are delivered to vessels leaving the Union or to
                                    NATO or United States’ military bases
                                                 Official Certificate for goods delivered to vessels leaving the Union
 EUROPEAN UNION                                  or to NATO or United States’ military bases
 I.1   Border control post/ Competent authority                        I.2       Certificate reference number
                                                                       I.2.a     IMSOC reference number
       TRACES            reference
       number
 I.3   Consignor                                                                 Operator responsible           for   the
                                                                       I.4
                                                                                 consignment
       Name                                                                      Name
       Address                                                                   Address
       Registration/Approval No
       Country                        ISO country code                           Country                                   ISO country code
 I.5   Place of destination (vessel)                                   I.6       Place of destination (NATO/United States’ military base)
                                                                                 Name of NATO/United States’
                                                                                 military base
       Vessel name
                                                                                 NATO/United States’ military base
                                                                                 TRACES reference number
       Vessel IMO number                                                         Address
       Port                                                                      Country                                   ISO country code
       Country                        ISO country code                           BCP of exit
 I.7   Means of transport      Identification number(s)                     Container No                          Seal No
 I.8   Description of goods
                                                                         Number of                                        Reference of CHED of
         CN code           Product type          Country of origin                                 Net weight(kg)
                                                                          packages                                               origin
                                                                1
 ---pagebreak---  Supporting document: ____________________________________
I.9       Total number of packages                                                                     I.10       Total net weight (kg)
I.11      Date of departure
II.1      Declaration:
          (1)
               I, the undersigned certifying officer confirm that the products described above are authorised to be dispatched to the vessel leaving the
          Union
          (1)
               I, the undersigned certifying officer confirm that the products described above are authorised to be dispatched to a NATO/Unites States’
          military base
II.2      Name (in capital letters)                                                          Qualification and title
          Competent authority/BCP                                                            Competent authority/BCP TRACES registration No
          Date                                         Stamp(2)                              Signature(2)
III.1     Confirmation of the arrival and compliance of the
          consignment
          I confirm delivery of the consignment:            (1)
                                                                 on board the vessel specified in Box I.5
                                                            (1)
                                                                 to a NATO/United States’ military base specified in Box I.6
                                                            (1)
                                                                 BCP of exit
          Compliance of consignment                         Yes                 No
III.2     (1)
                        Competent       Official representative of the master of              Competent authority responsible for controls at the
          authority                     vessel                                                 NATO/United States’ military base
          Name (in capital letters)                                                          Position
          Competent authority                                                                Competent authority TRACES registration No
          Place
          Date                                          Stamp(2)                             Signature(2)
 (1)
     Keep as appropriate
                                                                        2
 ---pagebreak---                                                  PART 2
                     Notes for the completion of the model official certificate
                                                 General
   To positively indicate any option, please tick or mark the relevant box with a cross (X).
   “ISO code” refers to the international standard two-letter code used to refer to a country, in
   accordance with the international standard ISO 3166 alpha-21.
   Whenever a box allows for the choice of one or more options, only those options will be
   displayed in the electronic version of the official certificate.
                             Part I: Details of the dispatched consignment
   Box I.1.            Border control post/Competent authority: indicate the name of the border
                       control post (BCP) or of the competent authority issuing the official
                       certificate, as appropriate, and their TRACES reference number.
   Box I.2.            Certificate reference number: the unique mandatory code assigned by the
                       competent authority issuing the official certificate in accordance with its
                       own classification. This box is compulsory for all certificates not
                       submitted in IMSOC.
   Box I.2.a           IMSOC reference number: the unique reference code automatically
                       assigned by IMSOC if the certificate is registered in IMSOC. Do not
                       complete this box if the certificate is not submitted in IMSOC.
   Box I.3.            Consignor: in the case of dispatch from a warehouse, indicate the name
                       and address (street, city and region, province or state,
                       registration/approval No, as appropriate) of the warehouse from which the
                       consignment is dispatched. Do not complete this box if the consignment is
                       dispatched directly from a border control post.
   Box I.4.            Operator responsible for the consignment: the name and address (street,
                       city and region, province or state, registration/approval No, as
                       appropriate) of the natural or legal person who is responsible in the Union
                       for the delivery of the consignment to the place of destination.
   Box I.5.            Place of destination (vessel): indicate the name of the vessel for which the
                       consignment is intended, vessel International Maritime Organisation
                       (IMO) number, name of port, name and ISO code of the Member State of
                       destination of goods. Do not complete this box if the official certificate is
                       issued for delivery of the consignment to the NATO or United States’
                       military base located in the Union territory or in a third country.
   Box I.6.            Place of destination (NATO/United States’ military base): indicate the
                       name of the NATO/ United States’ military base of destination situated in
                       the Union territory, the name and ISO code of the Member State where
                       the NATO or United States’ military base of destination is located.
                        If the destination is a NATO/ United States’ military base located in a
                        third country, only the border control post of exit from the Union must be
                        indicated in this box.
                       Do not complete this box if the official certificate is issued for delivery to
   1
          List of country names and code elements under: http://www.iso.org/iso/country_codes/iso-3166-
          1_decoding_table.htm
EN                                                   3                                                  EN
 ---pagebreak---                       vessels leaving the Union.
   Box I.7.           Means of transport:
                       Identification number(s): for aeroplanes; indicate the flight number, for
                       vessels; the ship name(s), for railways; the train identity and wagon
                       number, for road transports; the registration number plate with the trailer
                       number plate if appropriate. For containerized consignments, the trailer
                       number plate is not obligatory if the container number has been indicated.
                      In the case of transport by ferry, indicate the identification of the road
                      vehicle, the registration number plate with trailer number plate if
                      appropriate, and the name of the scheduled ferry.
   Container No:      if applicable, corresponding numbers. The container number must be
                      indicated if the goods are transported in closed containers.
   Seal No:           Only the official seal number must be stated. An official seal applies if a
                      seal is affixed to the container, truck or rail wagon under the supervision
                      of the competent authority issuing the certificate.
   Box I.8.           Description of goods:
                      Description of goods and product type: indicate the relevant Combined
                       Nomenclature (CN) code, and the title as referred to in Council
                       Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical
                       nomenclature and on the Common Customs Tariff 2.
                      Country of origin: indicate the country of origin of the goods.
                      Reference of CHED of origin: indicate the reference of the CHED for the
                      consignment from which the relevant number of boxes of the product are
                      derived.
                      The information under this box may also be provided in a supporting
                      document to be attached to the official certificate. In such a case, the box
                      “Supporting document” must be filled in, including the reference number
                      of the supporting document(s).
   Box I.9.           Total number of packages: indicate the number of boxes or of packages of
                      goods. In the case of bulk consignments, this box is optional.
   Box I.10.          Total net weight in kilogrammes: this is defined as the mass of the goods
                      themselves without immediate containers or any packaging.
   Box I.11.          Date and time of departure: indicate the date and time of the intended
                      departure of the means of transport from the border control post or
                      warehouse.
                                          Part II: Declaration
   This part must be completed by an official veterinarian or an official inspector of the
   competent authority at the border control post or at the warehouse.
   2
          Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on
          the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
EN                                                   4                                                          EN
 ---pagebreak---                          Part III: Confirmation of arrival of consignment
   This part must be completed by:
   –        in case the destination is a vessel leaving the Union; the competent authority at the
            port of destination or by the official representative of the master of the vessel;
   –        in case the destination is a NATO/ United States’ military base situated in the Union
            territory; the competent authority responsible for controls at the NATO/ United
            States’ military base;
   –        in case the destination is a NATO/ United States’ military base located in a third
            country; the competent authority at the border control post of exit.
EN                                                   5                                            EN