LegalizeCommission Implementing Regulation (EU) 2023/2058 of 26 September 2023 laying down specific rules for the application of Regulation (EU) 2023/1231 of the European Parliament and of the Council on the special rates of official controls and the model general certificate for the entry into Northern Ireland from other parts of the United Kingdom of consignments of certain retail goods (Text with EEA relevance)
Article 1
Subject matter and scope
This Regulation lays down special rates of official controls, and the rules on those official controls and on the model general certificate for the entry into Northern Ireland from other parts of the United Kingdom and the placing on the market in Northern Ireland of consignments of the following retail goods falling within the scope of Regulation (EU) 2023/1231:
- (a) products of animal or plant origin, plants other than plants intended for planting, and ready-to-sell pet food and dog chews;
- (b) composite products;
- (c) food;
- (d) food contact materials.
The rules referred to in paragraph 1 cover:
- (a) the frequency of the special rates of official controls and requirements for documentary, identity and physical checks on the consignments referred to in that paragraph;
- (b) the establishment of a model form of the general certificate required to accompany those consignments and to be presented at SPS Inspection Facilities of first arrival in Northern Ireland.
Article 2
Documentary checks at SPS Inspection Facilities
The competent authorities at SPS Inspection Facilities of first arrival in Northern Ireland shall carry out documentary checks of all general certificates and other documents accompanying all consignments of retail goods referred to in Article 1 entering into Northern Ireland from other parts of the United Kingdom.
Article 3
Special rates of official controls and requirements for identity and physical checks at SPS Inspection Facilities
Identity checks, including checks for compliance with the requirements to be prepacked and bear a marking referred to in Article 4(1), point (a), and Article 5(1), point (a), of Regulation (EU) 2023/1231, shall be performed at SPS Inspection Facilities of first arrival in Northern Ireland at a frequency rate of 8 % on all consignments of retail goods referred to in Article 1, other than those referred to in paragraph 2 of this Article.
For the purpose of the identity checks referred to in the first subparagraph of this paragraph, Article 3(2) of Implementing Regulation (EU) 2019/2130 shall not apply.
Physical checks, in conjunction with the identity checks referred to in the first subparagraph of this paragraph, shall be carried out to fulfil the objectives of the written guarantees referred to in Article 4(1), point (g), and Article 5(1), point (f), of Regulation (EU) 2023/1231, using, in particular, a risk-based and intelligence-led approach.
Identity checks on consignments of plants other than plants intended for planting, referred to in Article 2(2), point (b), of Regulation (EU) 2023/1231, shall be performed at a frequency rate of 1 %.
Physical checks, in conjunction with the identity checks referred to in the first subparagraph of this paragraph, shall be carried out to fulfil the objectives of the written guarantees referred to in Article 4(1), point (g), and Article 5(1), point (f), of Regulation (EU) 2023/1231, using, in particular, a risk-based and intelligence-led approach.
Article 4
Simplified general certification requirements
All consignments of retail goods referred to in Article 1 entering into Northern Ireland from other parts of the United Kingdom shall be accompanied by a general certificate, drawn up in accordance with the model Retail NI set out in the Annex.
The general certificate for the retail goods contained in the same consignment, referred to in paragraph 1, shall be supplemented by a description of the retail goods included in the consignment.
The description referred to in the first subparagraph shall be included in an additional document attached to the general certificate, which may be in paper or electronic form. It shall provide details of:
- (a) the nature of each product in the consignment, and any treatment each product has undergone;
- (b) the number of packages in the consignment and its net weight;
- (c) the registration or approval number of the listed establishment of dispatch and of destination in Northern Ireland.
Article 5
Entry into force and application
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall apply from 1 October 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
Model general certificate for the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, delivered directly to listed establishments in Northern Ireland (Model Retail NI)
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