Commission Delegated Regulation (EU) 2019/2124 of 10 October 2019 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 through the Union, and 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 (Text with EEA relevance)

CHAPTER I

Subject matter, scope and definitions

Article 1

Subject matter and scope

This Regulation lays down:

(a) rules establishing the cases where and the conditions under which, the competent authorities of a border control post may authorise the onward transportation of consignments of the following categories of goods to the place of final destination in the Union pending the availability of the results of laboratory analyses and tests carried out as part of the physical checks referred to in Article 49(1) of Regulation (EU) 2017/625: (i) plants, plant products, and other objects referred to in the lists established pursuant to Articles 72(1) and 74(1) of Regulation (EU) 2016/2031; (ii) plants, plant products and other objects subject to an emergency measure referred to in point (e) of Article 47(1) of Regulation (EU) 2017/625; (iia) plants, plant products and other objects referred to in points (i) and (ii) that are subject to official controls at border control posts pursuant to Article 45(5) of Regulation (EU) 2018/848 of the European Parliament and of the Council (¹); (iii) food and feed of non-animal origin subject to the measures provided for by the acts referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625;

(b) rules establishing the cases where and the conditions under which, identity checks and physical checks of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union;

(c) specific rules for official controls at border control posts of transhipped consignments of animals and the following categories of goods: (i) products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products; (ii) plants, plant products, and other objects as referred in the lists established pursuant to Articles 72(1) and 74(1) of Regulation (EU) 2016/2031; (iii) plants, plant products, and other objects subject to an emergency measure provided for by the Articles of Regulation (EU) 2016/2031 referred to in point (e) of Article 47(1) of Regulation (EU) 2017/625; (iv) food and feed of non-animal origin subject to measures or acts referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625;

(d) specific rules for controls of consignments in transit of animals and of the following categories of goods: (i) products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products; (ii) plants, plant products, and other objects referred to in the lists established pursuant to Articles 72(1) and 74(1) of Regulation (EU) 2016/2031; (iii) plants, plant products, and other objects subject to an emergency measure provided for by the point (e) of Article 47(1) of Regulation (EU) 2017/625.

This Regulation shall apply to vertebrate and invertebrate animals with the exception of:

(a) pet animals as defined in Article 4(11) of Regulation (EU) 2016/429 of the European Parliament and of the Council (²); and

(b) invertebrate animals intended for scientific purposes as referred to in Article 3 of Commission Delegated Regulation (EU) 2019/2122 (³).

Article 2

Definitions

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

(1) ‘common health entry document’ or ‘CHED’ means the common health entry document, which is used for the prior notification of the arrival of consignments at the border control post, and which is used to record the outcome of official controls performed and of decisions taken by the competent authorities in relation to the consignment which it accompanies;

(2) ‘transhipped consignments’ means consignments of animals or goods entering the Union by sea or by air transport from a third country, when those animals or goods are moved from a vessel or aircraft and are transported under customs supervision to another vessel or aircraft in the same port or airport in preparation for onward travel;

(3) ‘warehouse’ means: (a) a customs warehouse, a warehouse in a free zone, a temporary storage facility approved, authorised or designated in accordance with Articles 147(1), 240(1), 243(1) respectively of Regulation (EU) No 952/2013; or (b) a warehouse specialised in supplying goods for NATO or US military bases;

(4) ‘onward transportation’ means the movement of consignments of goods from a border control post to their place of final destination in the Union pending the availability of the results of laboratory analyses and tests;

(5) ‘onward transportation facility’ means the facility at the place of final destination in the Union or at a place situated under the remit of the same competent authority as the place of final destination, designated by the Member State of destination for the storage of consignments of goods subject to onward transportation prior to the release for free circulation of such consignments;

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

(7) ‘border control post of introduction into the Union’ means the border control post where animals and goods are presented for official controls and through which they enter the Union for subsequent placing on the market or for transit through the Union territory (⁴) and which may be the border control post of first arrival into the Union;

(8) ‘Union regulated non-quarantine pest’ means a pest that fulfils all the conditions listed in Article 36 of the Regulation (EU) 2016/2031;

(9) ‘approved warehouse’ means a warehouse approved by the competent authorities as provided for in Article 23 of this Regulation;

(10) ‘specified pathogen-free eggs’ means hatching eggs which are derived from chicken flocks free from specified pathogens, as described in the European Pharmacopoeia (⁵), and which are intended solely for diagnostic, research or pharmaceutical use.

CHAPTER II

Onward transportation of consignments of plants, plant products and other objects and of food and feed of non-animal origin as referred to in point (a) of Article 1(1)

SECTION 1

Conditions for onward transportation

Article 3

Operators’ obligations before onward transportation authorisation

Article 4

Authorisation for onward transportation

The competent authorities of the border control post of introduction into the Union may authorise the onward transportation of consignments of goods referred to in point (a) of Article 1(1) provided that the following conditions are fulfilled:

(a) the outcome of the documentary checks, identity checks and physical checks, other than of the laboratory analyses and tests carried out as part of those physical checks, performed at the border control post is satisfactory;

(b) the operator responsible for the consignment has requested the onward transportation as provided for in Article 3.

Article 5

Operators’ obligations after authorisation for onward transportation

When the competent authorities of the border control post of introduction into the Union authorise the onward transportation of the consignments of goods referred to in point (a) of Article 1(1), the operator responsible for the consignment shall:

(a) complete Part I of a separate CHED for the same consignment, linked in the IMSOC to the CHED referred to in Article 3, by declaring therein the means of transport and the date of arrival of the consignment at the selected onward transportation facility;

(b) submit the CHED referred to in point (a) in the IMSOC for transmission to the competent authorities of the border control post which has authorised the onward transportation.

Article 6

Conditions for transportation and storage of consignments subject to onward transportation

The operator responsible for the consignments authorised for onward transportation in accordance with Article 4 shall ensure that:

(a) during transport to, and storage at, the onward transportation facility, the consignment is not tampered with in any manner;

(b) the consignment is not subject to any alteration, processing, substitution or change of packaging;

(c) the consignment does not leave the onward transportation facility pending the decision on the consignment being taken by the competent authorities of the border control post in accordance with Article 55 of Regulation (EU) 2017/625.

The operator responsible for the consignment shall ensure that the packaging or the means of transport of the consignment of plants, plant products and other objects referred to in Article 1(1), point (a)(i), (ii) and (iia), has been closed or sealed in such a way that, during their transport to and storage at the onward transportation facility:

(a) they do not cause an infestation of or an infection to other plants, plant products or other objects with pests listed as Union quarantine pests or as Union regulated non-quarantine pests;

(b) they do not become infested or infected by non-quarantine pests.

Article 7

Operations to be carried out by the competent authorities of the border control post after authorisation of onward transportation

Where the competent authorities of the border control post of introduction into the Union have not received confirmation from the competent authorities of the place of destination of the arrival of a consignment within a period of 15 days from the date on which the consignment was authorised for onward transportation to the onward transportation facility, they shall:

(a) verify with the competent authorities at the place of destination whether or not the consignment has arrived at onward transportation facility;

(b) inform the customs authorities of the non-arrival of the consignment;

(c) undertake further investigation to determine the actual location of the consignment in cooperation with customs authorities and other authorities in accordance with Article 75(1) of Regulation (EU) 2017/625.

Article 8

Operations to be carried out by the competent authorities at the place of final destination

SECTION 2

Onward transportation facilities

Article 9

Conditions for the designation of onward transportation facilities

Member States may designate onward transportation facilities for consignments of one or more categories of goods as referred to in point (a) of Article 1(1), provided that they comply with the following requirements:

(a) they are customs warehouses or temporary storage facilities as referred to in Articles 240(1) and 147(1) of Regulation (EU) No 952/2013, respectively;

(b) where the designation concerns: (i) food of non-animal origin referred to in point (a)(iii) of Article 1(1) of this Regulation, the onward transportation facilities are registered with the competent authority as provided for in Article 6(2) of Regulation (EC) No 852/2004; (ii) feed of non-animal origin referred to in point (a)(iii) of Article 1(1) of this Regulation, the onward transportation facilities are registered with the competent authority as provided for in Article 9(2) of Regulation (EC) No 183/2005;

(c) they have the necessary technology and equipment for the efficient operation of the IMSOC.

Where onward transportation facilities cease to comply with the requirements referred to in paragraph 1, Member States shall:

(a) temporarily suspend the designation pending the implementation of corrective actions or permanently withdraw the designation for all or some of the categories of goods for which the designation was made;

(b) ensure that information on the onward transportation facilities referred to in Article 10 is updated accordingly.

Article 10

Registration of designated onward transportation facilities in the IMSOC

Member States shall maintain and keep up-to-date in the IMSOC the list of onward transportation facilities designated in accordance with Article 9(1), and provide the following information:

(a) the name and address of the onward transportation facility;

(b) the category of goods for which it is designated.

CHAPTER III

Onward travel of animals staying on the same means of transport and transhipped consignments of animals and goods

Article 11

Documentary checks, identity checks and physical checks of consignments of animals staying on the same means of transport

Documentary checks shall be performed on original official certificates or documents that are required to accompany the consignment of animals as provided for by the rules referred to point (d) of Article 1(2) of Regulation (EU) 2017/625.

Article 12

Documentary checks, identity checks and physical checks of transhipped consignments of animals

The competent authorities of the border control post of transhipment shall perform documentary checks, identity checks and physical checks of transhipped consignments of animals.

Article 13

Documentary checks, identity checks and physical checks of transhipped consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products

The competent authorities of the border control post of transhipment shall perform documentary checks on originals or copies of official certificates or documents that are required to accompany transhipped consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products in the following cases:

(a) for goods subject to the animal health requirements and the rules for the prevention and minimisation of risks to human and animal health arising from animal by-products and derived products referred to in points (d) and (e) of Article 1(2) of Regulation (EU) 2017/625 where the transhipment period: (i) at the airport exceeds 3 days; (ii) at the port exceeds 30 days;

(b) for goods other than those referred to in point (a), where the transhipment period exceeds 90 days.

Those documentary checks shall be performed on original official certificates or documents where such official certificates or documents are required to accompany the consignment, as provided for by the rules referred to in Article 1(2) of Regulation (EU) 2017/625.

Article 14

Storage of transhipped consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products

The operator responsible for consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products shall ensure that those consignments are only stored during the transhipment period either in:

(i) the customs or free zone area of the same port or airport in sealed containers; or

(ii) commercial storage facilities under the control of the same border control post, in compliance with the conditions laid down in Article 3(11) and (12) of Commission Implementing Regulation (EU) 2019/1014 (⁶).

Article 15

Documentary checks, identity checks and physical checks of transhipped consignments of plants, plant products and other objects

Article 16

Notification of information before the transhipment period expires

For consignments intended for transhipment within the periods referred to in Articles 13(1) and 15(1), the operator responsible for the consignments shall provide notification before the arrival of the consignments to the competent authorities of the border control post of transhipment through the IMSOC or another information system designated by the competent authorities for that purpose, indicating the following:

(a) the information necessary for the identification and location of the consignment in the airport or port;

(b) the identification of the means of transportation;

(c) the estimated time of arrival and departure of the consignment;

(d) the destination of the consignment.

For the purposes of the notification referred to in paragraph 1, the competent authorities shall designate an information system which allows the competent authorities of the border control post of transhipment to:

(a) consult the information provided by operators;

(b) verify in respect of each consignment that the transhipment periods provided for in Articles 13(1) and 15(1) are not exceeded.

In addition to the prior notification provided for in paragraph 1 of this Article, the operator responsible for the consignment shall also notify the competent authorities of the border control post of transhipment by completing and submitting the relevant part of the CHED in the IMSOC as provided for in Article 56 of Regulation (EU) 2017/625 in the following cases:

(a) the transhipment period referred to in Articles 13(1) and 15(1) has expired; or

(b) the competent authorities of the border control post of transhipment inform the operator responsible for the consignment of their decision to perform documentary checks, identity checks and physical checks based on a suspicion of non-compliance as provided for in Article 13(3) or 15(3).

Article 17

Documentary checks, identity checks and physical checks of transhipped consignments of food and feed of non-animal origin

CHAPTER IV

Transit of animals and goods from one third country to another third country, passing through the Union territory

SECTION 1

Official controls at the border control post of introduction into the Union

Article 18

Documentary checks, identity checks and physical checks of consignments of animals in transit

The competent authorities of the border control post of introduction into the Union shall only authorise the transit of consignments of animals from one third country to another third country, passing through the territory of the Union where documentary checks, identity checks and physical checks have been favourable.

Article 19

Conditions for the authorisation of transit of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products

The competent authorities of the border control post of introduction into the Union shall only authorise the transit of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products subject to compliance with the following conditions:

(a) the goods comply with the applicable requirements laid down in the rules referred to in points (d) and (e) of Article 1(2) of Regulation (EU) 2017/625;

(b) the consignment has been subjected to documentary checks and identity checks at the border control post with favourable results;

(c) the consignment has been subjected to physical checks at the border control post, where non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 was suspected;

(d) the consignment is accompanied by the CHED, and leaves the border control post in vehicles or transport containers sealed by the authority at the border control post;