
COMMISSION DELEGATED REGULATION (EU) 2019/2126 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for specific official controls for certain categories of animals and goods, measures to be taken following the performance of such controls and certain categories of animals and goods exempted from official controls at border control posts (Text with EEA relevance) 

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation), and in particular Article 48(h) and Article 77(1)(a), (b) and (k) thereof,
Whereas:

(1) Article 77(1)(a), (b) and (k) of Regulation (EU) 2017/625 empowers the Commission to adopt rules for the performance of specific official controls for certain categories of animals and goods entering the Union and on measures to be taken in case of non-compliance.

(2) In the interest of ensuring efficient official controls of consignments of unskinned, furred wild game introduced into the Union, specific control requirements should be laid down where physical controls are finalised at the establishment of destination since complete physical checks and sampling cannot be performed at border control posts.

(3) In the interest of ensuring efficient official controls of fresh fishery products directly landed in Union ports, it should be allowed for official controls to be performed in ports designated by Member States in accordance with Council Regulation (EC) No 1005/2008.

(4) Article 77(1)(k) of Regulation (EU) 2017/625 empowers the Commission to adopt rules for the performance of specific official controls for animals and goods referred to in Article 48(h) of that Regulation posing a low risk or no specific risk and exempted from official controls at border control posts, when such an exemption is justified.

(5) Where official controls are not performed at border control posts, conditions, such as adequate control arrangements, should be established to ensure that no unacceptable risks to public, animal and plant health are incurred where such animals and goods enter the Union.

(6) In the case of frozen tuna posing low risk or no specific risk in accordance with Article 48(h) of Regulation (EU) 2017/625, official controls may be carried out at the processing establishment of destination, which is to be approved by the customs authorities for the temporary storage of non-Union goods in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council.

(7) In the case of fishery products posing low risk or no specific risk in accordance with Article 48(h) of Regulation (EU) 2017/625 caught by vessels flying the flag of a Member State and introduced into the Union after being unloaded in third countries, as referred to in Article 72 of Commission Implementing Regulation (EU) 2019/627, measures should be taken in case of suspected non-compliance.

(8) Animals and goods entering the Union through certain Greek islands and through certain French territories pose a low risk given that such animals and goods are not placed on the market outside these islands or territories. Adequate official control requirements and measures should be established to ensure that such animals and goods are not placed on the market outside these islands or territories.

(9) In order to rationalise and simplify the application of the legislative framework the rules on official controls under Article 77(1)(k) and Article 48(h) of Regulation (EU) 2017/625 should be adopted together with the rules on official controls on other categories of goods listed in Article 77(1)(a) and (b) of that Regulation.

(10) These rules are substantially linked and many are intended to be applied in tandem. In the interest of simplicity and transparency, as well as to facilitate their application and avoid a multiplication of rules, they should therefore be laid down in a single act rather than in a number of separate acts with many cross-references and the risk of duplication.

(11) Given that this Regulation lays down rules covered by Commission Decision 94/641/EC and Commission Implementing Decision 2012/44/EU, those legal acts should be repealed.

(12) Since Regulation (EU) 2017/625 applies from 14 December 2019, this Regulation should also apply from that date,
HAS ADOPTED THIS REGULATION:

Subject matter
Article 1 
This Regulation establishes rules for the performance of specific official controls as regards certain categories of animals and goods and measures to be taken in case of non-compliance. It lays down rules for cases where and conditions under which certain categories of animals and goods are exempted from official controls at border control posts, and when such exemption is justified.
Definitions
Article 2 
For the purposes of this Regulation, the following definitions apply:

((1)) “appropriate computerised information management system” means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625;
((2)) ‘fresh fishery products’ means fresh fishery products as defined in point 3.5 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council;
((3)) ‘frozen tuna’ means tuna kept in compliance with the requirements set out in point (2) of Chapter VII of Section VIII of Annex III to Regulation (EC) No 853/2004.
(4)) “fisheries administration” has the same meaning as in Article 1(9) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy ;
(5)) “British fishing vessel” means a fishing vessel registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995  for which the entry in the register specifies a port in Great Britain as the port to which the vessel is to be treated as belonging;
(6)) “designated port” means a port in Great Britain designated by a fisheries administration.
Unskinned, furred wild game
Article 3 

1. The competent authority of the border control posts of first arrival into  Great Britain from a third country  may allow the dispatch of consignments of unskinned, furred wild game to the establishment at the place of destination without finalising physical checks if the consignments are dispatched in vehicles or containers in accordance with Articles 2 and 3 of Commission Delegated Regulation (EU) 2019/1666.
2. The competent authority referred to in paragraph 1 shall inform the competent authority of the establishment at the place of destination of the necessity to finalise physical checks, in particular health checks and laboratory testing.
3. The competent authority of the establishment at the place of destination shall inform the competent authority referred to in paragraph 1 of the results of the physical checks referred to in paragraph 2.
Fresh fishery products directly landed in  designated ports  from a fishing vessel flying a third country flag
Article 4 
Fresh fishery products directly landed from a fishing vessel flying a third country flag are exempted from official controls at border control posts provided that they are performed by competent authorities in  designated ports  in accordance with Article 5(1) of Regulation (EC) No 1005/2008.
Frozen tuna directly landed in  designated ports  from a fishing vessel flying a third country flag
Article 5 
Official controls may be carried out  at the processing establishment of destination approved in accordance with Article 4 of Regulation (EC) No 853/2004,  upon  frozen tuna that has not been beheaded nor gutted and that has been landed directly in  designated ports  in accordance with Article 5(1) of Regulation (EC) No 1005/2008 from a fishing vessel flying a third country flag, subject to the following conditions:

((a)) the official controls are carried out by the competent authority of the nearest border control post;
((b)) the processing establishment of destination is approved by the customs authorities for the temporary storage of  goods in accordance with section 25 of the Customs and Excise Management Act 1979;
((c)) the frozen tuna is dispatched from the vessel to the processing establishment of destination in sealed vehicles or transport containers, under the supervision of the competent authority carrying out the official controls and under the relevant customs procedure  in Great Britain;
((d)) prior to the arrival of the consignment at  designated ports, the operator responsible for the consignment has notified the competent authority referred to in point (a) of this Article of the arrival of the consignment by submitting in the  appropriate computerised information management system  a completed Common Health Entry Document (CHED) as referred to in Article 56 of Regulation (EU) 2017/625.
Fishery products intended for human consumption caught by  British fishing vessels, unloaded in third countries
Article 6 

1. Consignments of fishery products intended for human consumption caught by  British fishing vessels, unloaded, with or without storage, in third countries before entering  Great Britain  by a different means of transportation as referred to in Article 72(1) of Implementing Regulation (EU) 2019/627 shall undergo documentary checks by the competent authority of the border control posts of first arrival into  Great Britain.
2. Consignments referred to in paragraph 1 may be exempted from identity and physical checks at border control posts provided that they comply with the conditions laid down in Article 72 of Regulation (EU) 2019/627.
3. When non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 is identified or suspected, the competent authority of the border control post of first arrival into  Great Britain  shall perform, in addition to documentary checks, identity and physical checks on the consignments referred to in paragraph 1 of this Article.
Consignments entering the Union through certain Greek islands and certain French territories
Article 7 
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Specific official controls on consignments entering the Union through certain Greek islands and certain French territories
Article 8 
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Responsibilities of operators regarding consignments entering the Union through certain Greek islands and certain French territories
Article 9 
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Repeals
Article 10 

1. Decision 94/641/EC and Implementing Decision 2012/44/EU are repealed with effect from 14 December 2019.
2. References to the repealed acts shall be construed as references to this Regulation and read in accordance with the correlation tables in Annex II.
Derogations and modifications: animals and goods entering Great Britain from a relevant third country
Article 10a 

1. Articles 3 to 6 of this Regulation apply subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625  during the transitional staging period, in relation to relevant goods entering Great Britain from a relevant third country.
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 11 
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, 10 October 2019.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX I
Specific official controls on goods entering the Union through the authorised points of entry of certain Greek islands and certain French territories
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The competent authority shall check: 

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4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX II
Correlation tables referred to in Article 10(2)
1. Decision 94/641/EC 


Decision 94/641/EC This Regulation
Article 1Article 2Article 3, first indentArticle 3, second indentArticle 3, third indentArticle 3, fourth indentArticle 4Article 5Article 6Article 7Annex IPoint (1) of Annex IIPoint (2) of Annex II Article 7Article 8(2)(a)Article 9(a)Article 9(b)Article 9(c)Article 9(e)Article 8(1)______Article 7Point (2) of Annex IPoint (5) of Annex I

2. Implementing Decision 2012/44/EU 


Implementing Decision 2012/44/EU This Regulation
Article 1Article 2(1)Article 2(2)Article 3(1)Article 3(2)Article 3(3)Article 3(4)Article 3(5)Article 4(1)Article 4(2)Article 4(3)Article 4(4)Article 4(5)Article 5Article 6Article 7Article 8Annex Article 7Article 8(2)Article 8(4)Article 9(a)__Article 9(b)Article 9(c) and (d)Article 9(e) and (f)Article 8(1)Article 8(1)Point (1) of Annex I)Points (3) and (4) of Annex IPoints (5) and (6) of Annex I________Article 7
