Commission Delegated Regulation (EU) 2019/2122 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market and amending Commission Regulation (EU) No 142/2011 (Text with EEA relevance)

Article 1

Subject matter

This Regulation lays down rules for the cases where and the conditions under which certain categories of animals and goods are exempted from official controls at border control posts and the cases where and the conditions under which specific control tasks may be performed by customs authorities or other public authorities, insofar as those tasks are not already falling under the responsibility of those authorities, on passengers’ personal luggage.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘research and diagnostic samples’ means research and diagnostic samples as defined in point (38) of Annex I to Regulation (EU) No 142/2011;

(2) ‘IMSOC’ means the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625;

(3) ‘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 (¹);

(4) ‘prepared fishery products’ means prepared fishery products as defined in point 3.6 of Annex I to Regulation (EC) No 853/2004;

(5) ‘processed fishery products’ means ‘processed fishery products’ as defined in point 7.4 of Annex I to Regulation (EC) No 853/2004;

(6) ‘pet animal’ means pet animal as defined in point (11) of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council (²);

(7) ‘non-commercial movement’ means non-commercial movement as defined in point (14) of Article 4 of Regulation (EU) 2016/429;

(8) ‘petfood’ means petfood as defined in point (19) of Annex I to Regulation (EU) No 142/2011.

Article 3

Animals intended for scientific purposes

Invertebrates intended for scientific purposes such as research, educational activities or research related to product development activities shall be exempted from official controls at border control posts other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014, provided that:

(a) they comply with the animal health requirements set out in the rules referred to in point (d) of Article 1(2) of Regulation (EU) 2017/625;

(b) their entry into the Union is authorised in advance for that purpose by the competent authority of the Member State (³) of destination;

(c) when the activities related to the scientific purposes have been carried out, they and products derived from them, with the exception of the quantities used for the scientific purposes, shall be disposed of or re-dispatched to the third country of origin.

Article 4

Research and diagnostic samples, and samples of products of animal origin and of composite products for product analysis and quality testing, including organoleptic analysis

The competent authority may exempt research and diagnostic samples from official controls at border control posts provided that:

(a) the competent authority of the Member State of destination has issued to the user of the samples an authorisation in advance for their introduction into the Union in accordance with Article 27(1) of Regulation (EU) No 142/2011 and this authorisation is recorded in an official document delivered by that authority;

(b) they are accompanied by the official document referred to in point (a) or by a copy thereof until they reach the user referred to in point (a) or in the case referred to in point (c) the border control post of entry;

(c) in the case of entry into the Union via a Member State other than the Member State of destination, the operator presents the samples at a border control post.

The competent authority of the Member State of destination may exempt samples of products of animal origin and of composite products for product analysis and quality testing, including organoleptic analysis, from official controls at border control posts provided that:

(a) the competent authority has issued to the operator responsible for the analysis or testing of the samples in advance of their entry into the Union an authorisation for their introduction into the Union in accordance with paragraph 4 and that authorisation is recorded in an official document delivered by that authority;

(b) the samples are accompanied by the official document referred to in point (a) or by a copy thereof, and, where requested by the competent authority, by the certificate or declaration referred to in paragraph 4, point (b) or, where applicable, by any document required under national rules referred to in paragraph 4, point (c)(ii), until the samples reach the operator responsible for the product analysis and quality testing, including organoleptic analysis.

Where samples referred to in the first subparagraph enter the Union via a Member State other than the Member State of destination, the operator shall present such samples at a border control post.

The competent authority of the Member State of destination shall specify in the authorisation for the introduction into the Union of samples of products of animal origin and of composite products for product analysis and quality testing, including organoleptic analysis, the following:

(a) the samples originate from third countries or regions of third countries listed: (i) in Commission Implementing Regulation (EU) 2021/404 (⁴), in case of samples from products of animal origin falling within the scope of Commission Delegated Regulation (EU) 2020/692 (⁵); or (ii) in Commission Implementing Regulation (EU) 2021/405 (⁶), in case of samples from products of animal origin not falling within the scope of Delegated Regulation (EU) 2020/692;

(b) the official veterinarian has completed and signed at least the relevant animal health attestation for the samples in the relevant certificate or declaration drawn up in accordance with the models established in Commission Implementing Regulation (EU) 2020/2235 (⁷);

(c) that, depending on the commodity, the samples comply with the following: (i) relevant requirements laid down in Commission Delegated Regulation (EU) 2020/692 (⁸); or (ii) national rules in accordance with Articles 230(2), 234(3) and 238(4) of Regulation (EU) 2016/429, where applicable;

(d) the public health requirements for: — entry into the Member State of destination, which may include labelling and packaging requirements for the samples; and — the analysis or testing of the samples by the operator;

(e) the operator responsible for the analysis or testing of the samples, including a reference to the address of the operator’s premises for which the samples are destined;

(f) the competent authority responsible for official controls at the operator’s premises for which the samples are destined; and

(g) the obligations of the operator responsible for the analysis or testing not to mix the samples with food destined for placing on the market, to keep records on the use of the samples and to dispose of the samples after the product analysis or the quality testing in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council (⁹).

Article 5

Plants, plant products and other objects intended for scientific purposes

Article 6

Products of animal origin and composite products on board means of transport operating internationally which are not unloaded and are intended for consumption by the crew and passengers

Products of animal origin and composite products are exempted from official controls at border control posts provided that:

(a) they are intended for consumption by the crew and passengers on board means of transport operating internationally; and

(b) they are not unloaded on Union territory.

Direct transfer of goods referred to in paragraph 1 unloaded at a port from one means of transport operating internationally to another means of transport operating internationally is exempted from official controls at border control posts provided that:

(a) it takes place in accordance with the agreement of the competent authority of the border control post; and

(b) it takes place under customs supervision.

Article 7

Goods which form part of passengers’ personal luggage and are intended for personal consumption or use

Products of animal origin, composite products, products derived from animal by-products, plants, plant products and other objects which form part of passengers’ personal luggage and which are intended for personal consumption or use, are exempted from official controls at border control posts provided that they belong to at least one of the following categories:

(a) goods listed in Part 1 of Annex I provided that the quantity in each category does not exceed the weight limit of 2 kg;

(b) eviscerated fresh fishery products or prepared fishery products, or processed fishery products provided that their combined quantity does not exceed the weight limit of 20 kg or the weight of one fish, whichever weight is the highest;

(c) goods other than those referred to in points (a) and (b) of this article and other than those referred to in Part 2 of Annex I, provided that their combined quantity does not exceed the weight limit of 2 kg;

(d) plants, other than plants for planting, plant products and other objects;

(e) goods, other than plants for planting, coming from Andorra, Iceland, Liechtenstein, Norway, San Marino or Switzerland;

(f) fishery products coming from the Faroe Islands or Greenland;

(g) goods, other than plants for planting and other than fishery products, coming from the Faroe Islands or Greenland provided that their combined quantity does not exceed the weight limit of 10 kg.

Article 8

Information on goods which form part of passengers’ personal luggage and are intended for personal consumption or use

The competent authority may complement the information referred to in paragraph 1 with additional information, including:

(a) the information set out in Annex III;

(b) information appropriate to the local conditions.

International passenger transport operators, including airport, port and rail operators and travel agencies shall:

(a) draw the attention of their customers to the rules laid down in Article 7 and in this Article, in particular by providing the information set out in Annexes II and III;

(b) accept that the competent authority displays the information referred to in paragraphs 1 and 2 within their premises in locations which are easily visible to passengers arriving from third countries.

Article 9

Specific official controls on goods which form part of passengers’ personal luggage

The controls referred to in paragraph 1 of this Article shall:

(a) aim in particular at detecting the presence of goods referred to in Article 7;

(b) aim at verifying that the conditions laid down in Article 7 are met; and

(c) be carried out by appropriate means, which may include the use of scanning equipment or specifically trained detector dogs, to screen large volumes of goods.

The competent authorities, the customs authorities or other public authorities responsible, which carry out specific official controls shall:

(a) aim at identifying the goods which are non-compliant with the rules laid down in Article 7;

(b) ensure that the non-compliant goods identified are seized and destroyed in accordance with national legislation and, where applicable, in accordance with Articles 197 to 199 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (¹⁰);

(c) review, at least once per year and before 1 October, their applied mechanisms and actions, establish the level of compliance achieved, and, on a risk-basis, adapt those mechanisms and actions if necessary, to achieve the objectives laid down in points (a) and (b) of paragraph 2.

The review shall take into account:

(a) data collected on the approximate number of consignments which are in breach of the rules laid down in Article 7;

(b) the number of specific official controls done;

(c) the total quantified amount of seized and destroyed consignments which were found in passengers’ personal luggage and which were not in compliance with Article 7; and

(d) any other relevant information.

Article 10

Small consignments of goods sent to natural persons which are not intended to be placed on the market

Article 11

Pet animals

Pet animals entering the Union during a non-commercial movement are exempted from official controls at border control posts other than official controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014 and other than official controls carried out to verify compliance with Article 57(1) of Regulation (EC) No 865/2006, as follows:

(a) animals of species listed in Part A of Annex I to Regulation (EU) No 576/2013 which: (i) meet the conditions laid down in Article 5(1) or Article 5(2) of Regulation (EU) No 576/2013 and are being moved from a territory or a third country listed in Part 1 of Annex II to Implementing Regulation (EU) No 577/2013, provided that they undergo documentary and identity checks in accordance with Article 33 and, where relevant, standard spot checks in accordance with Article 5(3) of Regulation (EU) No 576/2013; or (ii) meet the conditions laid down in Article 5(1) or Article 5(2) of Regulation (EU) No 576/2013 and are being moved from a territory or a third country other than those listed in Part 1 of Annex II to Implementing Regulation (EU) No 577/2013, provided that they undergo documentary and identity checks in accordance with Article 34 of Regulation (EU) No 576/2013, and where relevant, standard spot checks in accordance with Article 5(3) of that Regulation; or (iii) meet the conditions laid down in Article 10(3) of Regulation (EU) No 576/2013, provided that they undergo checks in accordance with the permit referred to in point (a) of Article 10(3) of that Regulation and with the requirements in point (b) of Article 10(3) of that Regulation; or (iv) meet the conditions laid down in Article 32 of Regulation (EU) No 576/2013, provided that they undergo checks in accordance with the permit referred to in point (a) of Article 32(1) of that Regulation;

(b) birds listed in Part B of Annex I to Regulation (EU) No 576/2013 which meet the conditions laid down in: (i) Commission Delegated Regulation (EU) 2021/1933 (¹¹) and Commission Implementing Regulation (EU) 2021/1938 (¹²), provided that they undergo documentary and identity checks in accordance with Article 34 of Regulation (EU) No 576/2013; or (ii) Article 32 of Regulation (EU) No 576/2013, provided that they undergo checks in accordance with the permit referred to in Article 32(1), point (a), of that Regulation;

(c) birds listed in Part B of Annex I to Regulation (EU) No 576/2013 which are being moved from a territory or a third country referred to in Article 1(2), point (b), of Delegated Regulation (EU) 2021/1933;

(d) animals of species other than birds, listed in Part B of Annex I to Regulation (EU) No 576/2013.

Article 12

Information on pet animals

Article 13

Repeal of Regulation (EC) No 206/2009

Article 14

Amendment to Regulation (EU) No 142/2011

In Article 27 of Regulation (EU) No 142/2011, paragraph 2 is deleted.

Article 15

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.

ANNEX I

PART 1

List of goods referred to in Article 7(a)

(i) do not require refrigeration before opening;

(ii) are packaged proprietary brand products for direct sale to the final consumer; and

(iii) that the packaging is unbroken unless in current use; and

(iv) are intended for use by the passengers.

2.Petfood required for health-related reasons, under the conditions that these products:

(i) are intended for the pet accompanying the passenger;

(ii) are shelf-stable;

(iii) are packaged proprietary brand products for direct sale to the final consumer; and

(iv) that the packaging is unbroken unless in current use.

PART 2

List of goods which are not exempted from official controls at border control posts provided for in Article 7, point (c)