
COMMISSION DELEGATED REGULATION (EU) 2019/2074 of 23 September 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules on specific official controls on consignments of certain animals and goods originating from, and returning to the Union following a refusal of entry by a third country (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), and in particular Article 77(1)(h) thereof,
WHEREAS:

(1) In accordance with Regulation (EU) 2017/625, the Commission is required to adopt rules for the performance of specific official controls on consignments of animals and goods referred to in Article 47(1)(a), (b) and (c) thereof, originating from, and returning to the Union following a refusal of entry by a third country.

(2) Animals and goods originating from, and returning to the Union following a refusal of entry by a third country should be subject to documentary, identity and where appropriate physical checks at the border control post of arrival into the Union to ensure that they fulfil the requirements of Union law. In particular, those checks should ensure that the animals are fit for further transportation to their place of destination and that animal welfare requirements are respected.

(3) Article 15 of Council Directive 97/78/EC lays down rules concerning the veterinary checks to be conducted for the purposes of authorising the re-importation of consignments of products of Union origin returning to the Union following a refusal of entry by a third country. Regulation (EU) 2017/625 repeals and replaces Directive 97/78/EC with effect from 14 December 2019.

(4) In order to ensure a high level of protection of animal and public health, the requirements set out in Article 15 of Directive 97/78/EC should be maintained with certain adaptations taking into account the experience gained in the application of the requirements laid down in that Article, and the new legal framework established by Regulation (EU) 2017/625.

(5) In particular, in order to ensure that there is no risk for the introduction and spread into the Union of animal diseases or pests of plants, the competent authorities of the Member States should ensure that consignments of Union origin returning to the Union comply with the relevant requirements for the re-entry into the Union of such consignments, as laid down in the rules on animal health, on animal by-products, or on plant health, as appropriate.

(6) Consignments of products of animal origin and of composite products originating from, and returning to the Union, following a refusal of entry by a third country, may pose a risk to public health. In order to ensure that those consignments comply with the food and food safety rules referred to in Article 1(2)(a) of Regulation (EU) 2017/625, it is appropriate to require that the competent authorities of the border control posts of arrival into the Union should authorise the re-entry of products of animal origin listed in Commission Implementing Regulation (EU) 2019/2007 and of composite products subject to veterinary checks at border control posts pursuant to Commission Decision 2007/275/EC, provided that those products comply with additional specific requirements.

(7) It is necessary to ensure that consignments of products of animal origin and composite products originating from, and returning to, the Union following a refusal of entry by a third country arrive at their place of destination. Therefore, the procedural requirements laid down in Commission Delegated Regulation (EU) 2019/1666 should apply to monitoring the transport and arrival of consignments of goods, from the border control post of arrival into the Union to the establishment at the place of destination.

(8) 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:

Subject matter and scope
Article 1 
This Regulation lays down rules for the performance of specific official controls at border control posts on consignments of the categories of animals and goods referred to in Article 47(1)(a), (b) and (c) of Regulation (EU) 2017/625 originating from and returning to                    Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain,  following a refusal of entry by a third country.
Definitions
Article 1A 
In this Regulation—
(a) ‘Crown Dependencies’ means the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man;
(b) ‘third country’ has the meaning given in Article 3(2D) of Regulation (EU) 2017/625 of the European Parliament and of the Council.
Specific official controls on consignments of animals and goods originating from and returning to  Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain,  following a refusal of entry by a third country
Article 2 

1. The competent authority at the border control post of arrival into  Great Britain  shall perform documentary and identity checks on consignments of animals and goods referred to in Article 47(1)(a), (b) and (c) of Regulation (EU) 2017/625 originating from and returning to  Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain,  following a refusal of entry by a third country.
2. The competent authority at the border control post of arrival into  Great Britain  shall perform physical checks on the following consignments originating from and returning to  Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain,
                          following a refusal of entry by a third country:
(a) consignments of animals referred to in Article 47(1)(a) of Regulation (EU) 2017/625;
(b) consignments of goods referred to in Article 47(1)(b) and (c) of Regulation (EU) 2017/625 where non-compliance of those goods with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is suspected in order to confirm or eliminate that suspicion.
3. The competent authority at the border control post of arrival into  Great Britain  shall verify compliance of consignments of animals and goods with the following requirements:
(a) for animals referred to in Article 47(1)(a) of Regulation (EU) 2017/625 and for germinal products referred to in Article 47(1)(b) of Regulation (EU) 2017/625, the animal health and welfare requirements, as appropriate, set out in the rules referred to in Article 1(2)(d) and (f) of Regulation (EU) 2017/625;
(b) for products of animal origin and composite products referred to in Article 47(1)(b) of Regulation (EU) 2017/625:
((i)) the animal health requirements set out in the rules referred to in Article 1(2)(d) of Regulation (EU) 2017/625;
((ii)) the additional rules laid down in Article 3 of this Regulation;
(c) for animal by-products referred to in Article 47(1)(b) of Regulation (EU) 2017/625 and for derived products, the requirements set out in the rules referred to in Article 1(2)(e) of Regulation (EU) 2017/625;
(d) for plants, plant products, and other objects referred to in Article 47(1)(c) of Regulation (EU) 2017/625, the plant health requirements set out in the rules referred to in Article 1(2)(g) of Regulation (EU) 2017/625.
4. The competent authority at the border control post of arrival into  Great Britain  shall inform the competent authority at the place of destination via the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625 ... of the fact that the consignment has been accepted to enter Great Britain with a specified place of destination indicated in the Common Health Entry Document (CHED).
Additional rules on specific official controls on consignments of products of animal origin and composite products
Article 3 

1. The competent authority at the border control post of arrival into  Great Britain  shall authorise the entry into Great Britain of the following consignments of products originating from and returning to  Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain,  following a refusal of entry by a third country provided that they comply with the requirements set out in paragraph 2:
(a) products of animal origin listed in the  list published and amended from time to time in accordance with Article 3 of  Implementing Regulation (EU) 2019/2007;
(b) composite products that are:
((i)) listed in the list published by the Secretary of State, as amended from time to time, in accordance with Article 3(1) and (4) of Decision 2007/275/EC that would, immediately before IP completion day, have fallen within the lists in Chapters 16 to 22 of Annex 1 to Decision 2007/275/EC as it had effect immediately before IP completion day; and
((ii)) subject to official controls at border control posts of arrival into Great Britain in accordance with Article 4 of that Decision.
2. The consignments of products referred to in paragraph 1 shall be accompanied by the following documents:
(a) the original official certificate issued by the  relevant competent authority when the goods were despatched to a third country, or its electronic equivalent submitted in  the appropriate computerised information management system, or an authenticated copy thereof;
(b) the official declaration of the competent authority or of other public authorities of the third country indicating the reason for the refusal of entry, the place and date of unloading and re-loading in the third country and confirming that:
(i) the consignment did not undergo any other handling than unloading, storage and re-loading; 
(ii) the unloading and re-loading of the products of animal origin and composite products was handled hygienically to avoid cross contamination; 
(iii) the products of animal origin and composite products were stored under hygienic conditions and at the required temperature for the relevant types of goods; 
(c) the declaration of the competent authority of the place of destination in  Great Britain or the Crown Dependencies (as the case may be)  that they agree to receive the consignment; however, that declaration shall not be required where the consignment returns to the establishment of origin of the consignment which is located in the same  constituent territory of Great Britain  as the border control post of arrival into                                Great Britain
                            .
3. By way of derogation from paragraph 2(a), where it is not possible to provide the documents referred to in that provision, the origin of the consignment may be authenticated in another way on the basis of documented evidence presented by the operator responsible for the consignment.
4. The competent authority at the border control post of arrival into  Great Britain  may grant exemptions from the requirements laid down in paragraph 2(b) for sealed consignments, with an intact origin seal, provided that the operator responsible for the consignment submits a declaration stating the reason for the refusal of entry by the third country and confirming that transport has taken place under conditions appropriate for the relevant type of products of animal origin and composite products.
5. Where the competent authority of the place of destination has issued the declaration referred to in paragraph 2(c), the competent authority at the border control post of arrival shall monitor the transport and arrival at the place of destination of the consignment—
(a) in accordance with Delegated Regulation (EU) 2019/1666, or
(b) in relation to consignments of products originating from and returning to the Crown Dependencies via a point of entry in Great Britain, in accordance with the appropriate arrangements between the competent authorities in Great Britain and the Crown Dependencies for the monitoring of the transport of consignments from the border post of arrival into Great Britain to the establishment at the place of destination.
Transitional derogations and modifications: animals and goods entering Great Britain from a relevant third country
Article 3a 

(1.) During the transitional staging period to relevant goods originating from and returning to Great Britain, or originating from and returning to the Crown Dependencies via a point of entry in Great Britain, following refusal of entry by a relevant third country, this Regulation applies subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625.
(2.) In this Article  ‘the transitional staging period’,  ‘relevant goods’, and  ‘relevant third country’ have the meanings given in Annex 6 to that Regulation.
Entry into force and date of application
Article 4 
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.
...Done at Brussels, 23 September 2019.
For the Commission
The President
Jean-Claude JUNCKER