title: COMMISSION IMPLEMENTING REGULATION (EU) …/... to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 12.6.2019

               to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points

               (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) 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulation (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)
                  1
               , and in particular Articles 60(2) and 64(4) thereof,

               Whereas:

               (1)Regulation (EU) 2017/625 establishes inter alia the framework for the performance of official controls and other official activities on animals and goods entering the Union from third countries to verify compliance with Union agri-food chain legislation in order to protect human, animal and plant health, animal welfare and, in relation to genetically modified organisms (GMOs) and plant protection products, also the environment. It provides that official controls are to be performed on consignments of animals and goods at the border control post of first arrival into the Union. To that end Member States are to designate border control posts.

               (2)Regulation (EU) 2017/625 sets out minimum requirements to be fulfilled by border control posts in order to be designated. It is therefore appropriate to lay down detailed rules on the minimum requirements concerning the infrastructure, equipment and documentation of border control posts.

               (3)In order to protect human and animal health, additional detailed rules on the minimum requirements should be established for border control posts, which have been designated for the category of animals and certain categories of goods such as products of animal origin, animal by-products, germinal products, composite products and hay and straw.

               (4)In certain cases, to take into account the particular unloading requirements of certain non-containerised consignments such as consignments of fishery products or consignments of animal by-products consisting for example of wool, and consignments of high volume bulk goods, which consist of large quantities of goods that are transported without being packed, border control posts should be exempted from the requirement to have an unloading area covered by a roof. Considering that consignments of bulk liquids of animal origin and non-animal origin are directly unloaded from the means of transport into tanks via special pipes, border control posts should not be required to have areas or rooms for the unloading of goods and inspection rooms or inspection areas for the performance of official controls and other official activities on bulk liquids.

               (5)With a view to prevent risks of cross-contamination, it is appropriate to lay down separation requirements for the unloading, storage and inspection facilities at border control posts which have been designated for products of animal origin, composite products, animal by-products and germinal products. However, provisions should be made to derogate from the separation requirements where the border control post has been designated for packed goods only, or for packed and certain unpacked goods where the risk assessment of the competent authorities at the border control post shows that there is no possibility of cross-contamination. In the latter case, in order to effectively deal with risks of cross-contamination, competent authorities should in addition ensure time separation as regards the handling of consignments and that facilities are cleaned and disinfected between arrivals of consignments.

               (6)As animals and goods entering the Union and subject to official controls at border control posts may not be in compliance with Union legislation, in order to avoid any risk of cross-contamination it is appropriate to establish rules to prohibit the use of certain border control posts facilities for consignments of animals and goods for intra-Union trade and to allow such use for consignments of animals and goods intended for export or which are moved from one point in the Union territory to another point in the Union territory, after passing through the territory of a third country, provided that the competent authorities implement appropriate risk prevention measures. Such measures should be based on an assessment of the capacity of the relevant facilities to accommodate such additional activity. The competent authorities should have appropriate arrangements in place to handle animals in accordance with Union rules on animal welfare.

               (7)To promote the efficiency of official controls and other official activities, a degree of flexibility should be provided by permitting, under certain conditions, the use of storage facilities of commercial undertakings and the storage in the means of transport in which the consignment was brought to the border control post.

               (8)To facilitate the efficient organisation and performance of official controls and other official activities, it is appropriate to allow that border control posts are split into one or more inspection centres, where the categories of animals and goods for which the border control post has been designated are to be controlled. In that respect, minimum requirements should be laid down for inspection centres.

               (9)The compliance of inspection centres with the minimum requirements for border control posts laid out in Article 64(3) of Regulation (EU) 2017/625 and the detailed rules on minimum requirements of this Regulation should be assessed by the Commission as part of the designation process of the border control post. Therefore, when notifying the Commission of the designation of a border control post, Member States should include all the necessary information about the inspection centres.

               (10)In order to ensure a proper verification of compliance of border control posts and of inspection centres within such posts with the minimum requirements laid down in Article 64(3) of Regulation (EU) 2017/625 and with the detailed rules laid down in this Regulation, Member States should inform the Commission of any changes in the infrastructure or operation of a border control post, or of an inspection centre within that post, if such changes necessitate an update to the information provided to the Commission in accordance with Article 59(2) of Regulation (EU) 2017/625. It is therefore appropriate to require Member States in this Regulation to inform the Commission accordingly.

               (11)Article 53(2) and Article 60(1) of Regulation (EU) 2017/625 requires each Member State to make available on the internet up to date lists of border control posts and control points on its territory and provide certain information for each border control post and control point. It is therefore appropriate to lay down in this Regulation the format for the lists of border control posts and control points together with the abbreviations to be used to indicate the categories of animals and goods for which border control posts and control points have been designated, and the additional specific information concerning the scope of the designation.

               (12)For transparency reasons, all inspection centres used as part of a border control post should be listed along with the post itself in the list of border control posts, indicating the categories of animals and goods controlled in the inspection centres. Any change concerning the inspection centres should be accurately reflected in the list.

               (13)The rules to be established by the Commission in accordance with Articles 60(2) and 64(4) of Regulation (EU) 2017/625 are closely linked since they all concern requirements applicable to border control posts and control points and should therefore apply from the same date. To facilitate the correct and comprehensive application of those rules, it is appropriate to establish them in a single act.

               (14)Commission Decision 2001/812/EC
                  2
                lays down minimum requirements for border inspection posts approved in accordance with Council Directive 97/78/EC
                  3
               , for inspection centres and rules for their listing. Commission Decision 2009/821/EC
                  4
                draws up a list of approved border inspection posts. Commission Directive 98/22/EC
                  5
                lays down minimum conditions for carrying out plant health checks at inspection posts on plant, plant products and other objects coming from third countries in accordance with Council Directive 2000/29/EC
                  6
               . To ensure consistency and avoid overlap of requirements Decision 2001/812/EC, Decision 2009/821/EC and Directive 98/22/EC should be repealed.

               (15)The relevant provisions and empowerments granted to the Commission set out in Regulation (EU) 2017/625 begin to apply from 14 December 2019. Therefore, the rules laid down in this Regulation should also apply from that date.

               (16)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

               HAS ADOPTED THIS REGULATION:

               Article 1
               Subject matter

               1.This Regulation lays down rules for the implementation of Regulation (EU) 2017/625 as regards:

               (a)common detailed rules on minimum requirements for the infrastructure, equipment and documentation of border control posts and control points other than border control posts;

               (b)specific detailed rules on minimum requirements for border control posts designated for the categories of animals and goods referred to in Article 47(1)(a) and (b) of Regulation (EU) 2017/625;

               (c)detailed rules on minimum requirements for inspection centres;

               (d)the format, categories, abbreviations and other information for the listing of border control posts and control points other than border control posts.

               Article 2
               Definitions

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

               1."packed goods" means goods placed in any type of packaging which completely encloses the goods to prevent any leaking and loss of content;

               2."inspection centre" means a separate facility set up within a border control post and established for the purpose of carrying out official controls and other official activities on animals and goods within the scope of the designation of the border control post;

               3."ungulates" means ungulates as defined in Article 2(d) of Council Directive 2004/68/EC
                  7
               ;

               4."registered equidae" means registered equidae as defined in Article 2(c) of Council Directive 2009/156/EC
                  8
               .

               Chapter I
               Common minimum requirements for border control posts

               Article 3
               Border control post infrastructure

               1.Border control posts designated for the categories of animals and goods referred to in Article 47(1) of Regulation (EU) 2017/625 shall have the following facilities:

               (a)areas or rooms where animals and goods are to be unloaded. Such areas must be covered by a roof, except in the cases referred to in paragraph 4;

               (b)inspection rooms or inspection areas with a supply of hot and cold running water and facilities for washing and drying hands;

               (c)housing areas or housing rooms for animals and storage areas or storage rooms, including rooms for cold storage where this is appropriate to the category of goods for which the border control post has been designated; and

               (d)access to toilets supplied with facilities for washing and drying hands.

               2.The rooms referred to in paragraph 1 shall be fitted with walls, floors and ceilings that are easy to clean and disinfect, adequate drainage and adequate natural or artificial light.

               3.The areas referred to in paragraph 1 shall be easy to clean, have adequate drainage and adequate natural or artificial light.

               4.The requirement for the unloading areas to be covered by a roof provided for in paragraph 1(a) shall not apply in the following cases:

               (a)non-containerised consignments of fishery products for human consumption;

               (b)consignments of animal by-products consisting of wool, bulk processed animal protein, loose manure or guano; and

               (c)consignments of high volume bulk goods referred to in Article 47(1)(c), (d) and (e) of Regulation (EU) 2017/625.

               5.The facilities referred to in paragraph 1(a) and (b) shall not be required for the performance of official controls and other official activities on bulk liquids of animal origin and non-animal origin.

               6.Member States may exempt border control posts, which have been designated for the categories of goods referred in Article 47(1)(c) of Regulation (EU) 2017/625, from the following requirements:

               (a)to have a supply of hot and cold running water and facilities for washing and drying hands as referred to in paragraph 1(b); and

               (b)to have rooms with ceilings that are easy to disinfect as referred to in paragraph 2.

               7.The facilities referred to in paragraph 1(a), (b) and (c) shall not be shared with the other categories of goods referred to in Article 47(1) of Regulation (EU) 2017/625 when used for products of animal origin and composite products.

               8.The facilities referred to in paragraph 1(a), (b) and (c) shall not be shared with food of non-animal origin when used for germinal products and animal by-products.

               9.By way of derogation from the requirements of paragraphs 7 and 8, border control posts may share the facilities referred to in paragraph 1(a), (b) and (c) in the following cases:

               (a)border control posts that have been designated for categories of packed goods only; or

               (b)border control posts that have been designated for categories of packed goods and unpacked goods, provided that the following conditions are met:

               i.the competent authorities conduct a risk assessment of the border control posts demonstrating how the avoidance of cross-contamination can be ensured and they implement the measures identified in the risk assessment for the prevention of such cross-contamination; and

               ii.the competent authorities ensure a time separation between the handling of different consignments of unpacked goods and between the handling of consignments of unpacked and packed goods. During the period resulting from the time separation the facilities referred to in paragraph 1(a), (b) and (c) shall be cleaned and disinfected.

               10.Paragraph 9 shall not apply to the facilities referred to in paragraph (1)(c) where those facilities are used for the storage of bulk animal by-products.

               11.The competent authorities of the border control post may permit, under their control, the use of commercial storage facilities for the goods referred to in Article 47(1) of Regulation (EU) 2017/625, provided that those facilities are within the close vicinity of the border control post and are under the competence of the same customs authority.

               Such commercial storage facilities may be used to perform identity checks and physical checks on products of non-animal origin, provided that these facilities comply with the minimum requirements laid down in this Regulation.

               12.Goods stored in commercial storage facilities in accordance with paragraph 11 shall be stored under hygienic conditions and be properly identified by barcodes or other electronic means, or labelling. Where the goods may pose a risk to human, animal and plant health, or in the case of GMOs and plant protection products also to the environment, they shall in addition be detained in a separate lockable room or areas fenced off from all other goods stored in the commercial storage facility.

               13.Where the border control post is located at a road, rail, or port location, storage in the means of transport in which the goods were brought to the border control post, may be permitted under the control of the competent authorities.

               14.Member States shall inform the Commission of any changes in the infrastructure or operation of a border control post, or of an inspection centre within that post, if such changes necessitate an update to the information provided to the Commission in accordance with Article 59(2) of Regulation (EU) 2017/625.

               Article 4
               Equipment and documentation of border control posts

               1.Border control posts shall have access to:

               (a)equipment for the weighing of consignments where its use is relevant to the categories of animals and goods for which the border control post has been designated;

               (b)equipment to unload, open and examine consignments;

               (c)cleansing and disinfecting equipment and instructions for its use or a documented system of cleansing and disinfection where the cleansing and disinfection are provided by agents external to the border control post; and

               (d)adequate equipment for the temporary storage of samples under temperature control, pending their dispatch to the laboratory, and suitable containers for their transport.

               2.Inspection rooms or inspection areas, where appropriate to the categories of animals and goods for which border control posts have been designated, shall be equipped with:

               (a)a table with smooth washable surface easy to clean and disinfect;

               (b)a thermometer to measure surface and core temperature of the goods;

               (c)defrosting equipment;

               (d)sampling equipment; and

               (e)sealing tape and numbered seals or clearly marked labels to ensure traceability.

               3.Where necessary to ensure the integrity of samples taken as part of official controls, detailed instructions regarding sampling for analysis and transport of such samples to the designated official laboratory shall be available.

               Chapter II
               Specific minimum requirements for border control posts

               Article 5
               Border control posts designated for categories of animals

               1.In addition to the requirements of Articles 3 and 4, border control posts which have been designated for animals referred to in Article 47(1)(a) of Regulation (EU) 2017/625 shall have the following:

               (a)changing room with showering facilities;

               (b)the areas or rooms for the unloading of animals referred to in Article 3(1)(a) provided with adequate space, light and ventilation;

               (c)equipment for feeding and watering;

               (d)storage facilities for feeding stuffs, for bedding and for litter and manure or arrangements in place with an external provider supplying the same facilities;

               (e)housing areas or housing rooms to separately detain the following categories of animals for which the border control post is designated:

               (i)ungulates other than registered equidae;

               (ii)registered equidae; and

               (iii)other animals other than ungulates (but including zoo ungulates);

               (f)inspection rooms or inspection areas provided with restraining equipment and the necessary equipment to carry out clinical examination; and

               (g)a dedicated access lane or other arrangements to spare the animals from any unnecessary waiting before they reach the unloading area.

               2.The facilities referred to in paragraph 1(b), (c), (e), (f) and (g) shall be designed, constructed, maintained and operated so as to avoid the injury and unnecessary suffering of the animals and ensure their safety.

               3.The facilities referred to in paragraph 1(a), (b), (c), (e) and (f) shall constitute one integrated and whole working unit.

               4.The facilities referred to in paragraph 1 shall not be used for the performance of official controls and other official activities on consignments of animals for intra-Union trade.

               The facilities referred to in paragraph 1 may be used for the performance of official controls and other official activities on consignments of animals intended for export from the Union or which are moved from one of the territories listed in Annex I to Regulation (EU) 2017/625 to another territory listed in Annex I to Regulation (EU) 2017/625, after passing through the territory of a third country, provided that the following conditions are met:

               a)the competent authorities conduct a risk assessment of the border control posts demonstrating how the avoidance of cross-contamination can be ensured and they implement the measures identified in the risk assessment for the prevention of such cross-contamination; and

               b)the competent authorities ensure a time separation between the handling of consignments of animals intended for export from the Union or which are moved from one of the territories listed in Annex I to Regulation (EU) 2017/625 to another territory listed in Annex I to Regulation (EU) 2017/625, after passing through the territory of a third country, and any other consignments of animals entering the Union. During the period resulting from the time separation the facilities used for the handling of consignments of animals shall be cleaned and disinfected.

               5.The facilities referred to in paragraph 1(b), (c), (e) and (f) shall not be shared with the categories of goods referred to in Article 47(1) of Regulation (EU) 2017/625.

               Article 6
               Border control posts designated for categories of products of animal origin, animal by-products, germinal products, composite products and hay and straw

               1.In addition to the requirements of Articles 3 and 4, border control posts which have been designated for the categories of goods referred to in Article 47(1)(b) of Regulation (EU) 2017/625 shall:

               (a)have inspection rooms referred to in Article 3(1)(b) equipped with facilities to maintain, where necessary, a temperature controlled environment;

               (b)where they have been designated for categories of chilled, frozen and ambient temperature goods be able to simultaneously store those goods at each appropriate temperature category, pending results of laboratory analysis, tests or diagnosis, or pending the outcome of the competent authority's controls; and

               (c)have changing rooms.

               2.The facilities referred to in paragraph 1 shall constitute one integrated and whole working unit.

               3.The facilities referred to in paragraph 1 shall not be used for the performance of official controls and other official activities on consignments of goods for intra-Union trade.

               The facilities referred to in paragraph 1 may be used for the performance of official controls and other official activities on consignments of goods intended for export from the Union or which are moved from one of the territories listed in Annex I to Regulation (EU) 2017/625 to another territory listed in Annex I to Regulation (EU) 2017/625, after passing through the territory of a third country, provided that the following conditions are met:

               a)the competent authorities conduct a risk assessment of the border control posts demonstrating how the avoidance of cross-contamination can be ensured and they implement the measures identified in the risk assessment for the prevention of such cross-contamination; and

               b)the competent authorities ensure a time separation between the handling of consignments of goods intended for export from the Union or which are moved from one of the territories listed in Annex I to Regulation (EU) 2017/625 to another territory listed in Annex I to Regulation (EU) 2017/625, after passing through the territory of a third country, and any other consignments of goods entering the Union. During the period resulting from the time separation the facilities used for the handling of consignments of goods shall be cleaned and disinfected.

               4.The requirements referred to in paragraphs 1, 2 and 3 shall not apply for the performance of official controls and other official activities on bulk liquids of animal origin and non-animal origin.

               5.Live frogs, live fish and live invertebrates which are intended for human consumption and hatching eggs and fishing baits may be inspected at border control posts which have been designated for categories of goods referred to in Article 47(1)(b) of Regulation (EU) 2017/625.

               Chapter III
                  Lists of border control posts and control points

               Article 7
               Format, categories, abbreviations and other information for the list of border control posts and control points

               1.Member States shall use the format set out in Annex I to provide the information referred to in Article 60(1) of Regulation (EU) 2017/625.

               2.In drawing up the lists of border control posts referred to in Article 60(1) of Regulation (EU) 2017/625 and the lists of control points in accordance with Article 53(2) of Regulation (EU) 2017/625, Member States shall use the abbreviations and the specifications set out in Annex II.

               3.The lists of border control posts and control points shall be accompanied by an explanatory note containing the abbreviations and specifications set out in Annex II.

               Chapter IV
                  Inspection centres

               Article 8
               Requirements for inspection centres

               1.Border control posts may comprise one or more inspection centres for carrying out, as necessary, official controls and other official activities on the categories of animals and goods, which are within the scope of the designation of the border control post.

               2.Inspection centres shall comply with the minimum requirements for border control posts set out Article 64(3) of Regulation (EU) 2017/625 and the detailed rules on minimum requirements of this Regulation.

               The requirements of Article 64(3)(f) of Regulation (EU) 2017/625 shall not apply to inspection centres which have access to the technology and equipment for the operation of the information management system for official controls (IMSOC) referred to in Article 131 of that Regulation and to other computerised information management systems available in another facility of the same border control post.

               3.Inspection centres must be:

               (a)under the remit of the same customs authority of the border control post; and

               (b)under the control of the competent authority of the border control post.

               4.Where Member States notify the Commission of the designation of a border control post in accordance with Article 59 of Regulation (EU) 2017/625, they shall also submit to the Commission all the relevant information concerning any inspection centres established within such border control post.

               5.Member States shall list each inspection centre together with the relevant border control post designated in conformity with Article 59 of Regulation (EU) 2017/625, in accordance with the format set out in Annex I. This information shall also specify the categories of animals and goods, which are controlled in inspection centres in accordance with Article 7.

               6.Member States shall remove inspection centres from the list referred to in paragraph 5 once they cease to comply with paragraphs 2 and 3, and inform the Commission of the removal and of the reasons for this decision.

               Article 9
               Repeals

               Commission Decisions 2001/812/EC and 2009/821/EC and Commission Directive 98/22/EC are repealed with effect from 14 December 2019.

               Article 10
               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.

               However, as regards border control posts which are designated for the goods referred to in Article 47(1)(c) of Regulation (EU) 2017/625 in accordance with Article 59(1) of that Regulation and which do not have, at the date of entry into force of this Regulation, areas or rooms for unloading which are covered by a roof, the second sentence of Article 3(1)(a) and Article 3(3) shall apply from 14 December 2021.

               This Regulation shall be binding in its entirety and directly applicable in all Member States.

               Done at Brussels, 12.6.2019

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 93, 7.4.2017, p. 3.

                     (2)

                        2001/812/EC: Commission Decision of 21 November 2001 laying down the requirements for the approval of border inspection posts responsible for veterinary checks on products introduced into the Community from third countries (OJ L 306, 23.11.2001, p. 28).

                     (3)

                        Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p. 9).

                     (4)

                        2009/821/EC: Commission Decision of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces (OJ L 296, 12.11.2009, p. 1).

                     (5)

                        Commission Directive 98/22/EC of 15 April 1998 laying down the minimum conditions for carrying out plant health checks in the Community, at inspection posts other than those at the place of destination, of plants, plant products or other objects coming from third countries (OJ L 126, 28.4.1998, p. 26).

                     (6)

                        Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).

                     (7)

                        Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (OJ L 139, 30.4.2004, p. 321).

                     (8)

                        Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae (OJ L 192, 23.7.2010, p. 1).

    ---documentbreak---

               EN

               ANNEX I

               Format for the lists of border control posts

                        1.

                        2.

                        3.

                        4.

                        5.

                        6.

                        7.

                        Border Control Post

                        Contact details

                        TRACES code

                        Type of transport

                        Inspection centres

                        Categories of animals and goods and specifications

                        Additional specifications regarding the scope of the designation

               Format for the lists of control points

                        1.

                        2.

                        3.

                        6.

                        7.

                        Control Point

                        Contact details

                        TRACES code

                        Categories of animals and goods and specifications

                        Additional specifications regarding the scope of the designation

               ANNEX II

               Field number 1: Border Control Post (BCP)/Control Point (CP)

               Name of the BCP/CP

               Field number 2: Contact details of the BCP and CP

               Complete address

               email address

               telephone number

               Opening hours (mandatory only for BCP)

               Website (mandatory only for BCP)

               Field number 3:

               Assigned  TRACES-CODE

               Field number 4: Type of transport of the BCP

               A=Airport

               F=Rail

               P=Port

               R=Road

               Field number 5: Inspection centres

               (Please note that several inspection centres may be within a BCP)

               Name of the inspection centre

               Address and contacts details

               Field number 6: BCP and CP

               Categories of animals and goods and specifications

               Field number 7: BCP and CP

               Additional specifications regarding the scope of the designation: free text to provide the additional specification (1)

               Abbreviations and specifications applicable to the categories of animals and goods for which the BCP/CP is designated, including inspection centres where applicable.

               a For animals referred to in Article 47(1)(a) of Regulation (EU) 2017/625

                        Abbreviations

                        LA

                        Live animals

                        -U

                        Ungulates other than registered equidae

                        -E

                        Registered equidae

                        -O

                        Other animals other than ungulates (This abbreviation includes zoo ungulates)

                        Specifications

                        (*)

                        Suspension of BCP and CP as referred to in Article 63  of  Regulation (EU) 2017/625

                        (1)

                        See additional specifications in field 7

               bFor products of animal origin, composite products, germinal products, animal by-products, hay and straw referred to in Article 47(1)(b) of (Regulation (EU) 2017/625 or covered by conditions or measures referred to in Article 47 (1) (d) (e) or (f) of Regulation (EU) 2017/625

                        Abbreviations

                        POA

                        Products of animal origin, composite products, germinal products, animal by-products, hay and straw

                        -HC

                        Products for human consumption

                        -NHC

                        Products not for human consumption

                        -NT

                        No temperature requirement

                        -T

                        Frozen/chilled products

                        -T(FR)

                        Frozen products

                        -T(CH)

                        Chilled products

                        Specifications

                        (*)

                        Suspension of BCP and CP as referred to in Article 63  of  Regulation (EU) 2017/625

                        (1)

                        See additional specifications in field 7

                        (2)

                        Packed products only

                        (3)

                        Fishery products only

                        (4)

                        Liquid in bulk only

               cFor plants, plant products and other objects referred to in Article 47(1)(c) of Regulation (EU) 2017/625

                        Abbreviations

                        P

                        Plants

                        PP

                        Plants products

                        PP(WP)

                        Wood and wood products

                        OO

                        Other Objects

                        Specifications

                        (*)

                        Suspension of BCP and CP as referred to in Article 63  of  Regulation (EU) 2017/625

                        (1)

                        See additional specifications in field 7

               dFor goods of non-animal origin referred to in Article 47 (1) (d) (e) or (f) of Regulation (EU) 2017/625

                        Abbreviations

                        PNAO

                        Products of non-animal origin

                        -HC(food)

                        Food of non-animal origin covered by conditions or measures referred to in Article 47 (1) (d) (e) or (f) of (Regulation (EU) 2017/625

                        - NHC(feed)

                        Feed of non-animal origin covered by conditions or measures referred to in Article 47 (1) (d) (e) or (f) of (Regulation (EU) 2017/625

                        – NHC(other)

                        Products of non-animal origin, which are neither food nor feed

                        -NT

                        No temperature requirement

                        -T

                        Frozen/chilled products

                        -T(FR)

                        Frozen products

                        -T(CH)

                        Chilled products

                        Specifications

                        (*)

                        Suspension of BCP and CP as referred to in Article 63  of  Regulation (EU) 2017/625

                        (1)

                        See additional specifications in field 7

                        (2)

                        Packed products only

                        (4)

                        Liquid in bulk only


title: COMMISSION IMPLEMENTING REGULATION (EU) No …/.. laying down technical specifications for individual online collection systems pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council on the European citizens’ initiative

text:
               COMMISSION IMPLEMENTING REGULATION (EU) No …/..

               of 22.10.2019

               laying down technical specifications for individual online collection systems pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council on the European citizens’ initiative

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Regulation (EU) 2019/788of the European Parliament and of the Council of 17 April 2019 on the European citizens’ initiative(
                  1
               ), and in particular Article 11(5) thereof,

               Whereas:

               (1)Regulation (EU) 2019/788 lays down revised rules on the European citizens’ initiative and repeals Regulation (EU) No 211/2011 of the European Parliament and of the Council(
                  2
               ).

               (2)Regulation (EU) 2019/788 provides that for the online collection of statements of support for registered citizens’ initiatives, organisers have to make use of the central online collection system that is set up and operated by the Commission. However, to facilitate the transition, for initiatives registered under Regulation (EU) 2019/788 before the end of 2022, organisers may choose to use their own individual online collection system.

               (3)Under Regulation (EU) 2019/788 an individual system that is used for the online collection of statements of support should have adequate technical and security features in place to ensure that the data are securely collected, stored and transferred throughout the collection procedure. The Commission should define, together with the Member States, the technical specifications to implement the requirements for individual online collection systems.

               (4)The rules laid down in this Regulation replace those set out in Commission Implementing Regulation (EU) No 1179/2011(
                  3
               ), which will therefore become obsolete.

               (5)The technical and organisational measures to be implemented should aim to prevent, both at the time of the design of the system and throughout the collection period, any unauthorised processing of personal data and protect them against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access.

               (6)To that end, organisers should apply adequate risk management processes to identify the risks to their systems and to determine the appropriate and proportional countermeasures to reduce those risks to acceptable levels. Organisers should properly document the identified security and data protection risks and the measures taken to counter those risks, having regard to the security rules and requirements applied by the certifying authority. The security rules and requirements should be in line with Regulation (EU) 2019/788 and should be made available by the certifying authority upon request.

               (7)Implementation of the technical specifications set out in this Regulation should be without prejudice to the obligation for the organisers to comply with the data protection requirements that follow from Regulation (EU) 2016/679 of the European Parliament and of the Council(
                  4
               ), including the possible need for a data protection impact assessment.

               (8)The representative of a group of organisers or, as the case may be, a legal entity referred to in Article 5(7) of that Regulation are considered as data controllers under Regulation (EU) 2016/679 in relation to the processing of personal data in an individual online collection system.

               (9)Organisers that introduce changes in their individual online collection system after the system has been certified should notify without undue delay the relevant certifying authority thereof if the change could affect the assessment underlying the certification. Before doing so, the organisers may seek the advice of the certifying authority to verify if the change may have such impact and thus should be notified.

               (10)The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) No 2018/1725, and delivered comments on 16 September 2019. The European Network Information Security Agency was consulted and provided comments on 18 July 2019.

               (11)The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 22 of Regulation (EU) 2019/788,

               HAS ADOPTED THIS REGULATION:

               Article 1

               The technical specifications referred to in Article 11(5) of Regulation (EU) 2019/788 shall be as set out in the Annex to this Regulation.

               Article 2

               1.Organisers shall ensure that their individual online collection system complies with the technical specifications set out in the Annex throughout the collection period.

               2.The organisers shall notify without undue delay to the competent authority of the Member State referred to in Article 11(3) of Regulation (EU) 2019/788, changes which are introduced in the system or in the supporting organisational measures after the system has been certified by that authority, when those changes may impact the assessment underlying the certification. Before doing so, the organisers may seek the advice of the competent authority as to whether the change may have such an impact.

               Article 3

               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 1 January 2020.

               This Regulation shall be binding in its entirety and directly applicable in all Member States.

               Done at Brussels, 22.10.2019

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 130, 17.5.2019, p. 55.

                     (2)

                        Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens’ initiative (OJ L 65, 11.3.2011, p. 1).

                     (3)

                        Commission Implementing Regulation (EU) No 1179/2011 of 17 November 2011 laying down technical specifications for online collection systems pursuant to Regulation (EU) No 211/2011 of the European Parliament and of the Council on the citizens’ initiative (OJ L 301, 18.11.2011, p. 3).

                     (4)

                        Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

    ---documentbreak---

               1.Technical specifications aiming at implementing Article 11(4)(a) of Regulation (EU) 2019/788:

               The system shall implement technical measures to ensure that only natural persons can submit statements of support. The technical measures shall not require that more personal data is collected and stored than the one which is listed in Annex III to Regulation (EU) 2019/788.

               2.Technical specifications aiming at implementing Article 11(4)(b) of Regulation (EU) 2019/788:

               Organisers shall put in place adequate and effective technical and organisational measures to manage the risks posed to the security of network and information systems which they use in their operations, to ensure that the information provided on the initiative in the online collection system and as presented online to the public corresponds to the information published on the initiative in the register that is referred to in Article 6(5) of Regulation (EU) 2019/788.

               Organisers shall make sure that:

               (a)the information provided on the initiative in the online collection system corresponds to the information published in the register;

               (b)the system presents the information on the initiative published in the register before the citizen submits the statement of support;

               (c)security measures are in place to ensure that the data entry fields in the statements of support are presented together with the information on the initiative, in order to prevent the risk that statements of support are submitted on a different initiative through a misrepresentation of the initiative;

               (d)the system ensures that after the submission the data in the statements of support are saved together with the information on the initiative;

               (e)security measures are in place to prevent that unauthorised changes can be made to the information provided on the initiative in the online collection system.

               3.Technical specifications aiming at implementing Article 11(4)(c) of Regulation (EU) 2019/788:

               The system shall ensure that statements of support are submitted in accordance with the data fields in Annex III to Regulation (EU) 2019/788.

               The system shall ensure that a person can only submit a statement of support after having confirmed that it has read the privacy statement of Annex III to Regulation (EU) 2019/788.

               4.Technical specifications aiming at implementing Article 11(4)(d) of Regulation (EU) 2019/788:

               4.1.Governance

               4.1.1.The group of organisers shall nominate a security officer who shall be responsible for the security of the system and the secure transmission of the collected statements of support to the competent authority of the responsible Member State. The security officer shall oversee the information assurance processes and the technical and organisational security measures to ensure the secure collection, storage and transmission of the data provided by signatories.

               4.1.2.Organisers may ask the national competent authority referred to in Article 11(3) of Regulation (EU) 2019/788 to provide the applicable security rules and requirements for the certification of individual online collection systems. The competent authority shall provide the security rules and requirements, as a rule within one month upon having received the request. The applicable security rules and requirements shall be in line with existing appropriate national or international security standards.

               4.1.3.The security rules and requirements for the certification of the system shall address the risks defined in section 4.2 and have regard to the specifications in section 4.3.

               4.2.Information Assurance

               4.2.1.Organisers shall use risk management processes to identify the risks linked to the use of their systems, including for the rights and freedoms of signatories, and to determine the appropriate and proportional measures to prevent and mitigate the impact of incidents affecting the security of the network and information systems that they use in their operations.

               The risk management process shall focus particularly on the risks related to the confidentiality and integrity of the information in the system. These risks can be the result of threats, including:

               (a)user errors;

               (b)system / security administrator errors;

               (c)configuration errors;

               (d)malware infection;

               (e)accidental alteration of information;

               (f)information disclosure or leaks;

               (g)software vulnerabilities;

               (h)unauthorised access;

               (i)interception or eavesdropping of traffic;

               (j)data protection risks.

               4.2.2.Organisers shall provide documentation showing that they:

               (a)have assessed the risks of the system;

               (b)have determined appropriate measures to prevent and mitigate the impact of incidents affecting the security of the system;

               (c)have identified the residual risks;

               (d)have implemented the measures and verified their implementation;

               (e)have provided the organisational means to receive information on new threats and security improvements;

               (f)comply throughout the collection process with the certification requirements laid down in Article 11(4) of Regulation (EU) 2019/788, including having in place the necessary processes to ensure this.

               4.2.3.The measures to prevent and mitigate the impact of incidents affecting the security of the systems shall cover the following domains:

               (a)human resource security;

               (b)access control;

               (c)cryptographic controls;

               (d)physical and environmental security;

               (e)operations security;

               (f)communications security;

               (g)system acquisition, development and maintenance;

               (h)information security incident management;

               (i)compliance.

               Application of these security measures may be limited to the parts of the organisation that are relevant for the online collection system. For instance, human resources security may be limited to any staff that has physical or logical access to the online collection system, and physical/environmental security may be limited to the building(s) hosting the system.

               4.2.4.Where organisers make use of a processor for the development or deployment of the online collection systems or parts thereof, the organisers shall provide documentation to allow the certifying authority to ascertain that the necessary security controls are in place.

               4.3.Encryption of data

               The system shall provide for the following encryption of data:

               (a)personal data in electronic format shall be encrypted when stored or transferred to the competent authorities of the Member States in accordance with Regulation (EU) No 2019/788, the keys being managed and backed up separately;

               (b)adequate standard algorithms and adequate keys shall be used in line with international standards (such as the ETSI standard). Key management shall be in place;

               (c)all keys and passwords shall be protected from unauthorised access.


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... establishing rules for the uniform application of frequency rates for identity checks and physical checks on certain consignments of animals and goods entering the Union

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 25.11.2019

               establishing rules for the uniform application of frequency rates for identity checks and physical checks on certain consignments of animals and goods entering the Union

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Regulation (EU) No 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)(
                  1
               ), and in particular points (a) and (c) of the first subparagraph of Article 54(3) thereof,

               Whereas:

               (1)Regulation (EU) 2017/625 establishes rules on the performance of official controls by the competent authorities of the Member States on animals and goods entering the Union in order to verify compliance with Union agri-food chain legislation.

               (2)Article 54(3) of Regulation (EU) 2017/625 empowers the Commission to establish rules for the uniform application of the appropriate frequency rate for identity checks and physical checks on consignments of the categories of animals and goods referred to in Article 47(1)(a) and (b) of that Regulation. Therefore the frequency rates on identity checks and physical checks should be established depending on the risk posed by each animal, good or category of animals or goods to human, animal or plant health, animal welfare or, as regards genetically modified organisms and also to the environment.

               (3)To ensure that the frequency rates of physical checks required pursuant to this Regulation are complied with in a uniform manner, provision should be made in this Regulation to make use of the information management system for official controls (IMSOC) referred to in Article 131 of Regulation (EU) 2017/625 for the selection of consignments for physical checks.

               (4)The frequency rates established in accordance with this Regulation should be applicable for the animals and goods referred to in Article 47(1)(a) and (b) of Regulation (EU) 2017/625 intended to be placed on the market. However, the frequency of physical checks carried out at border control posts to ascertain compliance with Regulation (EU) 2018/848 of the European Parliament and of the Council
                  2
                should be determined in accordance with Article 45(5) of that Regulation.

               (5)Council Directive 91/496/EEC
                  3
                lays down rules governing the organisation of veterinary checks on animals entering the Union from third countries. Article 4 of that Directive provides that each consignment of animals should be subject to identity checks and physical checks.

               (6)Directive 91/496/EEC is repealed by Regulation (EU) 2017/625 with effect from 14 December 2019. Taking into account the risk posed by certain categories of animals to human or animal health and animal welfare, the same frequency rates of identity checks and physical checks should continue to apply to animals entering the Union from third countries as those laid down in or in accordance with Directive 91/496/EEC.

               (7)To ensure the effectiveness of the official controls, identity checks and physical checks should be carried out in such a way that it is not possible for the operator responsible for the consignment to predict whether any particular consignment will be subject to physical checks.

               (8)Article 3 of Commission Implementing Regulation[C(2019)7002]
                  4
                establishes detailed rules on identity checks for goods referred to in point (b) of Article 47(1) of Regulation (EU) 2017/625, according to whether the consignment is subject to physical checks or not.

               (9)The baseline criteria for determining the baseline frequency rates for the identity checks and physical checks performed on products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products should be established taking into account information regarding the risks associated with the categories of animals or goods and available scientific assessments.

               (10)Based on information collected by the Commission in accordance with Article 125(1) of Regulation (EU) 2017/625, on the outcome of controls performed by Commission experts in third countries in accordance with Article 120(1) of that Regulation and on information collected through the IMSOC, it should be possible to modify the frequency rates for physical checks resulting from the baseline criteria.

               (11)To ensure the efficiency of official controls, the frequency rates determined in accordance with this Regulation should be made available through the IMSOC.

               (12)For certain third countries with which the Union has concluded veterinary  agreements on equivalency, it is appropriate to reduce  the frequency of physical checks on certain products, taking into account, inter alia, the application of the regionalization principle in the case of animal disease, and of other veterinary principles. Therefore, the frequency rates for physical checks specified in these veterinary agreements should apply for the purpose of this Regulation.

               (13)Commission Decision 94/360/EC
                  5
                establishes reduced frequency rates of physical checks for certain categories of goods subject to veterinary checks. Since this Regulation lays down provisions in the areas covered by Decision 94/360/EC, that Decision should be repealed with effect from the date specified in this Regulation.

               (14)Regulation (EU) 2017/625 applies from 14 December 2019. Accordingly, the rules laid down in this Regulation should also apply from that date.

               (15)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

               HAS ADOPTED THIS REGULATION:

               Article 1
               Subject matter and scope

               This Regulation lays down rules for the uniform application of the appropriate frequency rate of identity checks and physical checks on consignments of animals and goods referred to in Article 47(1)(a) and (b) of Regulation (EU) 2017/625 intended to be placed on the market.

               Article 2
               Definitions

               For the purpose of this Regulation,

               1.‘frequency rate’ means the minimum percentage of  consignments of animals and goods referred to in Article 1, determined in accordance with this Regulation, of the number of consignments arrived at the border control post during an identified period, for which identity checks and physical checks are to  be carried out by the competent authorities;

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

               Article 3
               Selection of consignments for physical checks

               1.The competent authorities shall select consignments for physical checks in accordance with the following procedure:

               (a)a random selection of a consignment is automatically generated by the IMSOC;

               (b)the competent authorities may decide to select the consignment in accordance with point (a) or to select a different consignment of the same category of goods and the same origin of goods.

               2.For each consignment selected for physical checks in accordance with paragraph 1 of this Article, the competent authorities shall perform identity checks as referred to in Article 3(1) of Implementing Regulation [C(2019)7002].

               Article 4
               Frequency rates for identity checks and physical checks

               1.The competent authorities shall perform identity checks and physical checks on consignments of animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products at the frequency rates determined in accordance with Article 5.

               2.For the third countries listed in Annex II with which the Union has concluded agreements of equivalence, physical checks shall be carried out according to the frequency rates established by these agreements.

               Article 5
               Determination and modification of frequency rates for identity checks and physical checks performed on animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products

               1.The baseline frequency rates for identity checks and for physical checks on consignments of animals and goods referred to in Article 1 are set out in Annex I to this Regulation, based on the scientific assessments and information referred to in points (a)(v) and (vi) of the first subparagraph of Article 54(3) of Regulation (EU) 2017/625.

               2.The frequency rate for physical checks on specific goods from a specific third country may be increased where serious deficiencies are identified based on:

               (a)information collected by the Commission in accordance with Article 125(1) of Regulation (EU) 2017/625; or

               (b)the outcome of controls performed by Commission experts in accordance with Article 120(1) of Regulation (EU) 2017/625.

               In this case, the frequency rate determined in accordance with paragraph 1 is increased to the next higher baseline frequency rate set out in Annex I or to a frequency rate of 50% where the frequency rate applicable to the specific category of goods is at 30%,

               3.The frequency rate of physical checks shall be increased from the baseline frequency rate determined in accordance with paragraph 1 to the next higher baseline frequency rate set out in Annex I, or to a frequency rate of 50% if the frequency rate applicable to the specific category of goods is at 30%, where data and information collected via the IMSOC indicate for specific goods from a specific third country a level of non-compliance with respect to physical checks in the last 12 months, for the same category of goods, which exceeds by 30% the average rate of non-compliance for the same category of goods from all third countries.

               4.Where the criteria referred to in paragraph 2 or in paragraph 3 are no longer met, the frequency rate shall be reduced to the respective baseline frequency rate set out in Annex I.

               5.The Commission shall make frequency rates determined in accordance with this Article available to competent authorities and to operators through the IMSOC.

               Article 6
               Repeals

               Decision 94/360/EC is repealed with effect from 14 December 2019.

               Article 7
               Entry into force and date of application

               1.This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

               2.It shall apply from 14 December 2019.

               This Regulation shall be binding in its entirety and directly applicable in all Member States.

               Done at Brussels, 25.11.2019

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 95, 7.4.2017, p. 1.

                     (2)

                        Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p.1).

                     (3)

                        Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (OJ L 268, 24.9.1991, p. 56).

                     (4)

                        Commission Implementing Regulation … of …. establishing detailed rules on the operations to be carried out during and after documentary checks, identity checks and physical checks on animals and goods subject to official controls at border control posts (OJ L …, …, p. …).

                     (5)

                        Commission Decision 94/360/EC of 20 May 1994 on the reduced frequency of physical checks of consignments of certain products to be implemented from third countries, under Council Directive 90/675/EEC (OJ L 158, 25.6.1994, p.41).

    ---documentbreak---

               EN

               ANNEXES

               Annex I

               Baseline criteria for determining the baseline frequency rates for the identity checks and physical checks of the consignments of animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products

                        Baseline criteria for determining baseline frequency rates for identity checks and physical checks

                        Baseline frequency rates that apply to

                        Risk category

                        Category of animals or goods*

                        identity checks

                        physical checks

                        I

                        Animals

                        100 %

                        100 %

                        II

                        - Minced meat, mechanically separated meat and meat preparations for human consumption (HC)

                        - Poultry meat for HC

                        - Rabbit meat, game meat, and their meat products for HC

                        - Eggs for HC

                        - Egg products for HC which are preserved at frozen or chilled temperatures

                        - Milk for HC

                        - Dairy products and colostrum-based products for HC, which are preserved at frozen or chilled temperatures

                        - Fishery products from aquaculture and bivalve molluscs for HC, which are not in hermetically sealed containers intended to render them stable at ambient temperature

                        - Animal by-products and derived products, for feeding of farmed animals

                        100 %

                        30 %

                        III

                        - Meat other than meat mentioned in Category II, and meat products derived from such meat, for HC

                        - Rendered animal fat and greaves for HC

                        - Poultry meat products for HC

                        - Egg products for HC, other than those mentioned in Category II

                        - Dairy products and colostrum-based products for HC other than those mentioned in Category II

                        - Fishery products other than those mentioned in Category II

                        - Honey and other apiculture products for HC

                        - Composite products

                        - Hatching eggs

                        - Organic fertilisers and soil improvers, derived from animal by-products

                        - Frog legs and snails for HC

                        - Insects for HC

                        100 %

                        15 %

                        IV

                        - Gelatine and collagen for HC

                        - Casings

                        - Semen and embryos

                        - Animal by-products and derived products, other than those mentioned in Category II and Category III

                        100%

                        5 %

                        V

                        - Highly refined products for HC

                        - Hay and straw

                        - Other goods than those mentioned in Category II, Category III and Category IV

                        100%

                        1 %

               * The frequency rates for physical checks of consignments of trade samples shall  be in accordance with the description of the categories of goods provided in this Annex.

               Annex II

               List of certain third countries referred to in Article 4(2) and frequencies of physical checks

               1.New Zealand

               In the case of New Zealand, the frequencies shall be those provided for in the Agreement which was approved by Council Decision 97/132/EC
                  1
                in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products.

               2.Canada

               In the case of Canada, the frequencies shall be those provided for in Annex VIII to the Agreement which was approved by Council Decision 1999/201/EC
                  2
               .

               3.Chile

               In the case of Chile, the frequencies shall be those provided for in the Agreement on Sanitary and Phytosanitary Measures applicable to Trade in Animals and Animal Products, Plants, Plant Products and other Goods and Animal Welfare set out in Annex IV to the Association Agreement which was approved by Council Decision 2002/979/EC
                  3
               .

                     (1)

                        Council Decision 97/132/EC of 17 December 1996 on the conclusion of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products

                     (OJ L 57, 26.2.1997, p. 4).

                     (2)

                        Council Decision 1999/201/EC of 14 December 1998 on the conclusion of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products

                      (OJ L 71, 18.3.1999, p. 1).

                     (3)

                        Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

                      (OJ L 352, 30.12.2002, p. 1).


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... on prior notification of consignments of certain categories of animals and goods entering the Union

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 16.4.2019

               on prior notification of consignments of certain categories of animals and goods entering the Union

               (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) 1107/2009, (EU) 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulation (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)
                  1
               , and in particular point (b) of the first paragraph of Article 58 thereof,

               Whereas:

               (1)Regulation (EU) 2017/625 establishes inter alia the framework for the performance of official controls and other official activities on animals and goods entering the Union from third countries to verify compliance with Union legislation in order to protect human, animal and plant health, animal welfare and, in relation to genetically modified organisms (GMO) and plant protection products, also the environment. That framework includes official controls performed on animals and goods entering the Union from third countries through designated border control posts.

               (2)Regulation (EU) 2017/625 requires the operator responsible for certain consignments entering the Union to give prior notification to the competent authorities of the border control posts before the arrival of the consignments. In order to enable those authorities to perform their official controls in a timely and effective manner, it is appropriate to fix the minimum period for giving prior notification at one working day before arrival of the consignments.

               (3)However, due to transport-related logistical constraints, it may not be possible to comply with the prior notification period of one working day before arrival of the consignment in certain cases. This may for example be the case when the consignment is transported from the place of dispatch to the border control post in less than 24 hours, and the information needed to complete the relevant parts of the Common Health Entry Document (CHED) required for giving prior notification in accordance with point (a) of Article 56(3) of Regulation (EU) 2017/625 is not available before the consignment is loaded. In those cases, Member States should be allowed to require that prior notification is made at least four hours before the arrival of the consignment, so that a timely and effective performance of official controls could be ensured also under such circumstances.

               (4)Commission Delegated Regulation [C(2019)1847]
                  2
                provides for Member States to exempt border control posts which are to be designated for imports of unprocessed logs and sawn and chipped wood from certain border control post minimum requirements due to specific geographical constraints. That Regulation also provides that official controls and other official activities at the border control post designated for the aforementioned goods can be performed by a mobile official controls team. Therefore, to allow sufficient time for the organisation of official controls and other official activities at those border control posts, a derogation from the rules on the minimum time for the prior notification of the arrival of consignments should be provided in this Regulation.

               (5)Since Regulation (EU) 2017/625 applies from 14 December 2019, this Regulation should also apply from that date.

               (6)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

               HAS ADOPTED THIS REGULATION:

               Article 1
               Prior notification of consignments

               1.The operator responsible for a consignment falling within the categories of animals and goods referred to in Article 47(1) of Regulation (EU) 2017/625 shall give prior notification, to the competent authority of the border control post of first arrival into the Union, at least one working day before the expected arrival of the consignment.

               2.By way of derogation from paragraph 1, where logistical constraints prevent compliance with the time limit set out in that paragraph, the competent authorities of the border control posts may apply a period of prior notification of at least four hours before the expected arrival of the consignment;

               3.By way of derogation from paragraph 1, the competent authorities of border control posts designated for imports of unprocessed logs and sawn and chipped wood in accordance with Article 4 of Commission Delegated Regulation [C(2019)1847] may apply a period of prior notification of up to five working days before the expected arrival of such consignments.

               Article 2
               Entry into force and application

               This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

               It shall apply as from 14 December 2019.

               This Regulation shall be binding in its entirety and directly applicable in all Member States.

               Done at Brussels, 16.4.2019

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 95, 7.4.2017, p. 1.

                     (2)

                        OJ …