EC (Official controls Regulation) - Hoofdinhoud

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1. Kerngegevens

Documentdatum	11-06-2015
Publicatiedatum	14-06-2015
Kenmerk	8237/1/15 REV 1
Van	Presidency
Externe link	origineel bericht
Originele document in PDF

2. Tekst

Council of the European Union

Brussels, 11 June 2015

PUBLIC

(OR. en)

8237/1/15

Interinstitutional File: REV 1

2013/0140 (COD) i LIMITE

AGRI 214 VETER 35 AGRILEG 90 ANIMAUX 22 SAN 123 DENLEG 64 PHYTOSAN 24 SEMENCES 11 CODEC 580

WORKING DOCUMENT

From: Presidency

To: Delegations

No. Cion doc.: 9464/13 - COM(2013) 265 final i

Subject: Proposal for a Regulation of the European Parliament and of the Council 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, plant reproductive material, plant protection products and amending Regulations (EC) No 999/2001 i, 1829/2003, 1831/2003 i, 1/2005, 396/2005, 834/2007 i, 1099/2009, 1069/2009 i, 1107/2009, Regulations (EU) No 1151/2012 i, [….]/2013 [Office of Publications, please insert number of Regulation laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material], and Directives 98/58/EC i, 1999/74/EC, 2007/43/EC i, 2008/119/EC, 2008/120/EC i and 2009/128/EC (Official controls Regulation)

Delegations will find in Annex to this document a table presenting the revised Presidency

suggestions (in bold and highlighted in grey) for rewording of the text of Articles 42 to 90 of the

above proposal, comparing:

-

in the first column: the Commission proposal

-

in the second column: the EP amendments

-

in the third column: Presidency suggestions for rewording

-

in the fourth column: suggested approach to the EP amendments.

ANNEX

2013/0140 (COD) i

The following table of comparison has been drafted in the context of the preparation for the discussion with the European Parliament.

It does not constitute an official document in the context of the ordinary legislative procedure.

Commission proposal COM(2013) EP amendments Presidency suggestions Remarks

265 final - 2013/0140 (COD) i 15 April 2014

Chapter V Chapter V Chapter V

Official controls on animals and Official controls on animals and Official controls on animals and goods entering the Union goods entering the Union goods entering the Union

AMD 151 Not acceptable as already covered Article 41 a - paragraph 1 (new) by Article 8.

Official controls on animals and goods entering the Union shall be organised according to risk, and may take place at border control posts in accordance with Section II of this chapter, with a view to checking compliance with the regulatory provisions specific to certain animals or goods, or at an appropriate place in accordance with Section I of this chapter.

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Chapter V Chapter V Chapter V

Official controls on animals and Official controls on animals and Official controls on animals and goods entering the Union goods entering the Union goods entering the Union

S ECTION I S ECTION I

A NIMALS AND GOODS NOT SUBJECT A NIMALS AND GOODS NOT SUBJECT S ECTION I

TO SPECIFIC TO SPECIFIC A NIMALS AND GOODS NOT OTHER

OFFICIAL CONTROLS AT BORDERS OFFICIAL CONTROLS AT BORDERS THAN THOSE SUBJECT TO SPECIFIC OFFICIAL CONTROLS AT BORDERS

CONTROL POSTS UNDER SECTION II

Article 42 Article 42 Article 42 Official controls on animals and goods Official controls on animals and goods Official controls on animals and goods not subject to specific official controls not subject to specific official controls other than those not subject to

at borders at borders specific official controls at borders control posts under Section II

• 1. The competent authorities

shall perform official controls 1. The competent authorities shall regularly on animals and goods perform official controls entering the Union to ascertain regularly, on a risk basis and compliance with the rules with appropriate frequency, on

referred to in Article 1(2). animals and goods entering the Union and to which Articles 45

and 46 do not apply to ascertain compliance with the rules referred to in Article 1(2).

On animals and goods to 1a. On animals and goods referred which Article 45 does not to in paragragh 1 to which apply, those official controls Articles 45 does not apply, shall be performed with those official controls shall be appropriate frequency, taking performed with the into account: appropriate frequency of the official controls shall be determined, taking into account:

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(a) the risks to human, animal • (a) the risks to human, animal or plant health, animal or plant health, animal welfare welfare or, as regards or, as regards GMOs and plant GMOs and plant protection products, also to the protection products, to the environment, associated with environment, associated different types of animals and with different types of goods;

animals and goods;

AMD 152 Principle acceptable but already covered by suggested changes to

Article 42 – paragraph 1 – Article 8(2)

subparagraph 2 – point a a (new)

(aa) the likelihood of fraudulent practices which might deceive consumer expectation regarding nature, quality and composition of foods and goods;

(b) the history of compliance • (b) the history of compliance with the requirements with the requirements established by the rules established by the rules referred referred to in Article 1(2) to in Article 1(2) applicable to applicable to the animals the animals or goods concerned:

or goods concerned: (i) of the third country • (i) of the third country and and establishment establishment of origin or place of origin; of production as appropriate; (ii) of the exporter; • (ii) of the exporter;

(iii) of the operator • (iii) of the operator responsible for the responsible for the consignment;

consignment;

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(c) the controls that have • (c) the controls that have already been performed already been performed on the on the animals and goods animals and goods concerned;

concerned; (d) the guarantees that the • (d) the guarantees that the

competent authorities of competent authorities of the the third country of origin third country of origin has given has given with regard to with regard to compliance of the compliance of the animals animals and goods with the and goods with the requirements established by the requirements established rules referred to in Article 1(2) by the rules referred to in or with requirements recognised Article 1(2) or with to be at least equivalent thereto.

requirements recognised to be at least equivalent thereto.

• 2. The official controls 2. The official controls provided provided for in paragraph 1 shall for in paragraph 1 shall be be performed at an appropriate performed at an appropriate place within the customs place within the customs territory of the Union, including: territory of the Union, including: (a) the point of entry into the • (a) the point of entry into the Union; Union;

(b) a border control post; • (b) a border control post;

Union; (d) the warehouses and the • (d) the warehouses and the

premises of the operator premises of the operator responsible for the responsible for the consignment; consignment.

• • (e) the place of destination.

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• 3. The competent authorities 3. Notwithstanding paragraphs 1 at border control posts and other and 2, tThe competent points of entry into the Union authorities at border control shall perform official controls on posts and other points of entry the following whenever they into the Union shall perform have reason to believe that their official controls on the following entry into the Union may pose a whenever they have reason to risk to human, animal or plant believe that their entry into the health, animal welfare or, as Union may pose a risk to human, regards GMOs and plant animal or plant health, animal protection products, to the welfare or, as regards GMOs environment: and plant protection products, also to the environment:

(a) means of transport, • (a) means of transport, including where empty; including where empty;

(b) packaging. • (b) packaging, including pallets. whether made of wood or not, and other wood packaging material .

• 4. The competent authorities 4. The competent authorities may may also perform official also perform official controls on controls on goods that are placed goods that are placed under one under one of the customs of the customs procedures procedures defined in points (a) defined in points (a) to (g) of to (g) of Article 4(16) of Council Article 4(16) of Council Regulation (EEC) No 2913/92 i. Regulation (EEC) No 2913/92 i.

Article 43 Article 43

Types of official controls on animals Types of official controls on animals Article 43

and goods not subject to and goods not subject to Types of official controls on animals

specific official controls at borders specific official controls at borders and goods other than those not subject to specific official controls at border

control posts under Section II

1.

The official controls

referred to in Article 42(1) shall: 1.The Where official controls are

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performed in accordance with referred to in Article 42(1), they shall:

(a) always include a • (a) always include a documentary check; documentary check; and

(b) include identity and • (b) include identity and physical checks physical checks depending on

depending on the risk to the risk to human, animal or human, animal or plant plant health, animal welfare or, health, animal welfare or, as regards GMOs and plant as regards GMOs and protection products, also to the plant protection products, environment.

to the environment. • 2. The competent authorities 2. The competent authorities shall

shall carry out the physical carry out the physical checks referred checks referred to in point (b) of to in point (b) of paragraph 1 under paragraph 1 under appropriate appropriate conditions allowing conditions allowing investigations to be conducted investigations to be conducted properly. properly.

• 3. Where the documentary, 3. Where the documentary, identity identity and physical checks orand physical checks referred to in referred to in paragraph 1 show paragraph 1 show that animals and that animals and goods do not goods do not comply with the rules comply with the rules referred to referred to in Article 1(2), Articles in Article 1(2), Articles 64(1), 64(1), (3) and, (4) and (5), 65, 66, 67, (3), (4) and (5), 65, 66, 67, 69(1) 69(1) and (2), and 70(1) and (2), 134 and (2) and 70(1) and (2) shall and 135 shall apply.

apply. • 4. The Commission shall be 4. The Commission shall be

empowered to adopt delegated empowered to adopt delegated acts in acts in accordance with Article accordance with Article 139 139 concerning the cases where concerning the cases where and the and the conditions under which conditions under which competent competent authorities may authorities may request operators to

notify the arrival of certain goods

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request operators to notify the entering the Union. arrival of certain goods entering the Union. Article 44 Article 44

Samples taken on animals and goods Samples taken on animals and goods Article 44

not subject to specific official controls not subject to specific official controls Samples taken on animals and goods

at borders at borders other than those not subject to specific official controls at borders control

posts under Section II

1.

Where samples on animals and

goods are taken, the competent 1. Where samples on animals and

authorities shall: goods are taken, the competent authorities shall, without

prejudice to Chapter IV:

(a) inform the customs • (a) inform the operators authorities and the concerned and, where operators concerned; appropriate, the customs

authorities and the operators concerned;

(b) decide whether or not the • (b) decide whether or not the animals or goods can be animals or goods need to be released before the results detained can be released before of the analysis, test or pending the results of the diagnosis carried out on analysis, test or diagnosis carried the samples are available, out. on the samples are provided that the available, provided that the traceability of the animals traceability of the animals or or goods is ensured. goods is ensured.

2.

The Commission shall, by 2. The Commission shall, by means of implementing acts: means of implementing acts:
(a) establish the mechanisms • (a) establish the procedures necessary to ensure the mechanisms necessary to ensure traceability of the animals the traceability of the animals or or goods referred to in goods referred to in point (b) of point (b) of paragraph 1; paragraph 1;

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(b) identify the documents • (b) identify the documents that must accompany the that must accompany the animals or goods referred animals or goods referred to in to in paragraph 1 when paragraph 1 when samples have samples have been taken been taken by the competent by the competent authorities.

authorities.

Those implementing acts shall be Those implementing acts shall be adopted in accordance with the adopted in accordance with the examination procedure referred to in examination procedure referred to in Article 141(2). Article 141(2).

S ECTION II S ECTION II S ECTION II

OFFICIAL CONTROLS AT BORDER OFFICIAL CONTROLS AT BORDER OFFICIAL CONTROLS AT BORDER

C ONTROL P OSTS ON C ONTROL P OSTS ON C ONTROL P OSTS ON

ANIMALS AND GOODS ANIMALS AND GOODS ANIMALS AND GOODS

Article 45 Article 45 Article 45 Animals and goods subject to official Animals and goods subject to official Animals and goods subject to official

controls at border control posts controls at border control posts controls at border control posts

• 1. To ascertain compliance 1. To ascertain compliance with with the rules referred to in the rules referred to in Article 1(2), the Article 1(2), the competent competent authorities shall perform authorities shall perform official official controls, at the border control controls, at the border control post of first arrival to the Union, on post of first arrival to the Union, each consignment of the following on each consignment of the categories of animals and goods following categories of animals entering the Union from third and goods entering the Union countries:

from third countries: (a) animals; • (a) animals;

AMD 153 • (b) products of animal origin,

(b) products of animal origin, foods germinal products and animal Not acceptable; administrative

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(b) products of animal origin, that contain products of animal by-products; burden for operators and for germinal products and origin, germinal products and competent authorities enlarging

animal by-products; animal by-products; the scope to too many goods of

low risk or no risk subject to official controls at BCPs.

(c) plants, plant products, and • (c) plants, plant products, and other objects and other objects and materials materials capable of capable of harbouring or harbouring or spreading spreading pests of plants as pests of plants as referred referred to in the lists established to in the lists established pursuant to Articles 68(1) and pursuant to Articles 68(1) 69(1) of Regulation (EU) No and 69(1) of Regulation XXX/XXXX [Office of (EU) No XXX/XXXX Publications, please insert [Office of Publications, number of the Regulation on please insert number of protective measures against the Regulation on pests of plants];

protective measures against pests of plants];

(d) goods originating from • (d) goods originating from certain third countries for certain third countries for which which the Commission the Commission has decided, by has decided, by means of means of implementing acts implementing acts provided for in point (b) of provided for in point (b) paragraph 2, that a measure of paragraph 2, that a requiring a temporary increase measure requiring a of official controls at their entry temporary increase of into the Union is necessary due official controls at their to a known or emerging risk or entry into the Union is because there is evidence that necessary due to a known widespread serious nonor emerging risk or compliance with the rules because there is evidence referred to in Article 1(2) might that widespread serious be taking place;

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non-compliance with the rules referred to in Article 1(2) might be taking place;

(e) animals and goods which • (e) animals and goods which are subject to an are subject to an emergency emergency measure measure provided for in acts provided for in acts adopted in accordance with adopted in accordance Article 53 of Regulation (EC) with Article 53 of No 178/2002, Article 249 of Regulation (EC) No Regulation (EU) No 178/2002 i, Article 249 of XXX/XXXX [Office of Regulation (EU) No Publications, please insert XXX/XXXX [Office of number of the Regulation on Publications, please insert animal health], or number of the Regulation Articles 27(1), 29(1), 40(2), on animal health], or 41(2), 47(1), 49(2) and 50(2) of Articles 27(1), 29(1), Regulation (EU) 40(2), 41(2), 47(1), 49(2) No XXX/XXXX [ Office of and 50(2) of Regulation Publications, please insert (EU) No XXX/XXXX number of the Regulation on [Office of Publications, protective measures against please insert number of pests of plants] requiring the Regulation on consignments of those animals protective measures or goods, identified by means of against pests of plants] their codes from the Combined requiring consignments of Nomenclature, to be subject to those animals or goods, official controls at their entry identified by means of into the Union;

their codes from the Combined Nomenclature, to be subject to official controls at their entry into the Union;

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(f) animals and goods in • (f) animals and goods in relation to whose entry relation to whose entry into the into the Union conditions Union conditions or measures or measures have been have been established by acts established by acts adopted in accordance with adopted in accordance Articles 125 or 127 respectively,

with Articles 125 or 127 or with the rules referred to in respectively, or with the Article 1(2), which require that rules referred to in Article compliance with those 1(2), which require that conditions or measures be compliance with those ascertained at the entry of the conditions or measures be animals or goods into the Union. ascertained at the entry of the animals or goods into the Union.

• 2. The Commission shall, by 2. The Commission shall, by means of implementing acts: means of implementing acts:

(a) establish lists detailing the • (a) establish lists detailing all animals and goods the animals and goods belonging belonging to the to the categories referred to in categories referred to in points (a) and (b) of paragraph 1, points (a) and (b) of indicating their codes from the paragraph 1, indicating Combined Nomenclature;

their codes from the Combined Nomenclature;

(b) establish the list of goods • (b) establish the list of goods belonging to the category belonging to the category referred to in point (d) of referred to in point (d) of paragraph 1, indicating paragraph 1, indicating their their codes from the codes from the Combined Combined Nomenclature, Nomenclature, and update it as and update it as necessary necessary in relation to the risks in relation to the risks referred to in that point.

referred to in that point.

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Those implementing acts shall • Those implementing acts

be adopted in accordance with shall be adopted in accordance with the examination procedure

the examination procedure referred to in Article 141(2).

referred to in Article 141(2).

• 3. The Commission shall be

empowered to adopt delegated 3. The Commission shall be acts in accordance with Article empowered to adopt delegated acts in 139 concerning amendments of accordance with Article 139 the categories of consignments concerning amendments of the referred to in paragraph 1, to categories of consignments referred to include other products which in paragraph 1, to include composite may give rise to risks to human, products, hay and straw and other animal or plant health or, as products strictly limited to products regards GMOs and plant presenting a newly identified which protection products, to the may give rise to taking into account

environment. the risks to human, animal or plant health or, as regards GMOs and plant

protection products, also to the environment.

• 4. Unless otherwise 4. Unless otherwise provided by provided by the acts establishing the acts establishing the measures or the measures or conditions conditions referred to in points (d), (e) referred to in points (d), (e) and and (f) of paragraph 1, this Article shall (f) of paragraph 1, this Article also apply to consignments of the shall also apply to consignments categories of animals and goods of the categories of animals and referred to in points (a), (b) and (c) of goods referred to in points (a), paragraph 1 when they are of a non(b)

and (c) of paragraph 1 when commercial nature. they are of a non-commercial nature.

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5.

Operators responsible for the consignment shall ensure that animals and goods of the categories referred to in paragraph 1 are presented for official controls at the border control post referred to therein.

Article 46 Article 46 Article 46 Animals and goods exempted from Animals and goods exempted from Animals and goods exempted from official controls at border control posts official controls at border control posts official controls at border control posts

The Commission shall be The Commission shall be empowered to adopt delegated acts empowered to adopt delegated acts in accordance with Article 139, in accordance with Article 139, concerning rules establishing the concerning rules establishing the cases where and the conditions cases where and the conditions under which the following under which the following categories of animals and goods are categories of animals and goods are exempted from the provisions of exempted from the provisions of Article 45: Article 45, when such exemption

is justified:

(a) goods sent as commercial or

trade samples or as display AMD 154

(a) goods sent as commercial or

trade samples or as display items Not acceptable

items for exhibitions, which are

not intended to be placed on the deleted

for exhibitions, which are not intended to be placed on the

market; market;

AMD 155 (b) animals and goods intended for scientific purposes; Not acceptable

(b) animals and goods intended for

scientific purposes; deleted

(c) goods on board means of (c) goods on board means of transport operating transport operating internationally which are not internationally which are not unloaded and are intended for unloaded and are intended for

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consumption by the crew and consumption by the crew and passengers; passengers;

(d) goods which form part of (d) goods which form part of passengers personal luggage and passengers personal luggage and

are intended for personal are intended for personal consumption; consumption or use;

(e) small consignments of goods (e) small consignments of goods sent to natural persons which are sent to natural persons which are not intended to be placed on the not intended to be placed on the market; market;

AMD 156 (f) pet animals as defined in point Not acceptable (110) of Article 4(1) of

(f) pet animals as defined in point deleted Regulation (EU) No XXX

(10)

of Article 4(1) of /XXXX [Office of Publications, Regulation (EU) please insert number of the No XXX/XXXX [Office of Regulation on animal health]; Publications, please insert number of the Regulation on animal health];

(g) goods which have undergone (g) goods which have undergone heat treatment and do not exceed heat specific treatment and do quantities to be defined in those not exceed quantities to be delegated acts; defined in those delegated acts;

(h) any other category of animals or (h) any other categoriesy of animals goods for which controls at or goods posing a low risk or border control posts are not no specific risk and for which necessary given the risks they controls at border control posts pose. are therefore not necessary given the risks they pose.

Article 47 Article 47 Article 47 Official controls at border control Official controls at border control Official controls at border control

posts posts posts • 1. The competent authorities 1. The competent authorities shall

shall perform official controls on perform official controls on the the consignments of the consignments of the categories

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categories of animals and goods of animals and goods referred to referred to in Article 45(1) upon in Article 45(1) upon arrival of arrival of the consignment at the the consignment at the border border control post. Those control post. Those official official controls shall include controls shall include documentary, identity and documentary, identity and physical checks. physical checks.

• 2. All consignments of the 2.. All consignments of the categories categories of animals and goods of animals and goods referred to referred to in Article 45(1) shall in Article 45(1) shall be subject be subject to documentary and to documentary and identity identity checks. checks.

• 3. Physical checks shall be 3. Physical checks shall be performed on consignments of performed on consignments of

the categories of animals and the categories of animals and goods referred to in Article goods referred to in Article 45(1) at a frequency dependent 45(1) at a frequency dependent on the risk posed by each on the risk posed by each animal, good or category of animal, good or category of animals or goods to human, animals or goods to human, animal or plant health, animal animal or plant health, animal welfare or, as regards GMOs welfare or, as regards GMOs and plant protection products, to and plant protection products, the environment. also to the environment.

• 4. Physical checks to verify

compliance with animal health 4. (a) Physical checks to verify and welfare requirements or compliance with animal health with plant health requirements and welfare requirements or with laid down in the rules referred to plant health requirements laid in Article 1(2) shall be down in the rules referred to in performed by, or under the Article 1(2) shall, where such supervision of, staff possessing checks concern animals or appropriate qualifications in products of animal origin, be veterinary or phytosanitary performed by an official matters respectively, designated veterinarian or an official

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by the competent authorities for plant health officer or under that purpose. the supervisions of , who may be assisted by s taff trained in

accordance with the requirements established pursuant to paragraph 6a possessing appropriate qualifications in veterinary phytosanitary matters respectively, and designated by the competent authorities for that purpose.

AMD 157 Not acceptable

Where such checks are performed on

Where physical such checks are

animals they shall be carried out by an Where such checks are performed on animals or on products of performed on animals and on meat

official veterinarian or under his animal origin, they shall be carried and edible meat offal, they shall be

supervision. out by an official veterinarian, who

carried out by an official

may be assisted by specially veterinarian or under his

trained support staff whilst supervision except for

retaining responsibility for the This paragraph shall not apply checks carried out. to physical checks performed on live fish, live bivalve molluscs,

live echinoderms, live tunicates and live marine gastropods intended for human consumption.

(b) Where Physical checks to verify compliance with plant health requirements laid down in the rules referred to in Article 1(2) on plants, plant products and other objects shall be

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performed to verify

compliance with the phytosanitary requirements

on plants, plants products and other objects they shall be carried out by an official plant health officer.

• 5. The competent authorities 5. The competent authorities at at border control posts shall border control posts shall systematically perform official systematically perform official controls on consignments of controls on consignments of animals being transported and animals being transported and on means of transport to verify on means of transport to verify compliance with the animal compliance with the animal welfare requirements laid down welfare requirements laid down in the rules referred to in Article in the rules referred to in Article 1(2). Arrangements shall be put 1(2). Arrangements shall be put in place by competent in place by competent authorities to give priority to authorities to give priority to official controls on animals official controls on animals being transported and to reduce being transported and to reduce delays on such controls. delays on such controls.

• 6. The Commission may, by 6. The Commission may, by means means of implementing acts of implementing acts establish establish the modalities of the modalities of presentation of presentation of consignments of consignments of the categories the categories of goods referred of animals and goods referred to in Article 45(1), the subto in Article 45(1), the entities which can constitute an transport units or sub-entities individual consignment and the which can constitute an maximum number of such subindividual consignment and the entities in each consignment, maximum number of such

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taking into account the need to transport units or sub-entities guarantee the rapid and efficient in each consignment, taking into handling of the consignments account the need to guarantee and the official controls to be the rapid and efficient handling performed by the competent of the consignments and the authorities. official controls to be performed by the competent authorities and, where relevant, international standards. 6a.The Commission shall, by means of implementing acts, lay down the specific training requirements necessary to ensure that thefor staff designated by the competent authorities assisting the official veterinarian in the for performance ing of the physical checks at the border control posts. to verify compliance with the animal health and welfare requirements or with the plant health requirements laid down in the rules referred to Article 1(2), possess the necessary skills for the performance of those tasks.

Those implementing acts shall be

Those implementing acts shall be adopted in accordance with the adopted in accordance with the examination procedure referred to in

examination procedure referred to in

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Article 141(2). Article 141(2).

Article 48 Article 48 Article 48 Certificates and documents Certificates and documents Certificates and documents accompanying consignments and split accompanying consignments and split accompanying consignments and split

consignments consignments consignments • 1. The original official 1. The original official certificates

certificates or documents, or or documents, or electronic electronic equivalents, which are equivalents, which are required required by the rules referred to by the rules referred to in Article in Article 1(2) to accompany 1(2) to accompany consignments consignments of the categories of the categories of animals and of animals and goods referred in goods referred in Article 45(1) Article 45(1) shall be presented shall be presented to, and kept to, and kept by, the competent by the competent authorities of authorities of the border control the border control post unless post. otherwise provided for in the

rules referred to in Article 1(2).

• 2. The competent authorities 2. The competent authorities of the of the border control post shall border control post shall issue issue the operator responsible the operator responsible for the for the consignment with an consignment with an authenticated paper or electronic authenticated paper or electronic copy of the official certificates copy of the official certificates or documents referred to in or documents referred to in paragraph 1 or, if the paragraph 1 or, if the consignment is split, with consignment is split, with individually authenticated paper individually authenticated paper or electronic copies of such or electronic copies of such certificates or documents. certificates or documents.

• 3. Consignments shall not be 3. Consignments shall not be split split until official controls have until official controls have been

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been performed and the performed and the Common Common Health Entry Health Entry Document (herein Document (CHED) referred to “CHED”) referred to in Article in Article 54 has been finalised 54 has been finalised in in accordance with Articles accordance with Articles 54(4) 54(4) and 55(1). and 55(1).

4.

The Commission shall be empowered to adopt delegated
acts in accordance with Article 139 concerning rules establishing the cases where and the conditions under which the CHED must accompany consignments of the categories of animals and goods referred to in Article 45(1) to the place of destination.

Article 49 Article 49 Article 49 Specific rules for official controls at Specific rules for official controls at Specific rules for official controls at

border control posts border control posts border control posts

The Commission shall be empowered The Commission shall be

to adopt delegated acts in accordance empowered to adopt delegated acts

with Article 139 concerning rules to in accordance with Article 139

establish: concerning rules to establish:

(a) the cases where and the (a) the cases where and the conditions under which the conditions under which the competent authorities of a competent authorities of a

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border control post may border control post may authorise the onward authorise the onward transportation of consignments transportation of consignments of the categories of animals and of the categories of animals and goods referred to in Article goods referred to in Article 45(1) to the place of final 45(1) to the place of final destination pending the destination pending the availability of the results of availability of the results of physical checks, where such physical checks, where such checks are required; checks are required;

(b) the time limits and modalities

for carrying out documentary, (b) the time limits and modalities

identity and physical checks on for carrying out documentary transhipped consignments of the and, where necessary,

categories of goods referred to identity and physical checks

in Article 45(1); on animals and the goods subject to the official controls provided for in Article 45(1) which enter the Union by sea or by air transport from a third country, 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, referred to as "transhipped" consignments of the categories of goods referred to in Article 45(1);

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and physical checks of and physical checks of transhipped consignments and of transhipped consignments and of animals arriving by air or sea animals arriving by air or sea and staying on the same means and staying on the same means of transport for onward travel of transport for onward travel may be performed at a border may be performed at a border control post other than the one control post other than the one of first arrival into the Union; of first arrival into the Union;

(d) the cases where and the (d) the cases where and the conditions under which the conditions under which the transit of consignments of the transit of consignments of the

categories of animals and goods categories of animals and goods referred to in Article 45(1) may referred to in Article 45(1) may be authorised and the specific be authorised and the official controls to be performed specificcertain official controls at border control posts on such to be performed at border consignments, including the control posts on such cases and conditions for their consignments, including the storage in specially approved cases and conditions for their free or customs warehouses. storage of goods in specially approved free or customs warehouses or free zones.

Option 1

(e) the cases where and the conditions under which derogations to the rules on documentary, identity and

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physical checks shall apply as regards transhipped consignments and transit of consignments of the goods referred to in point (c) of Article 45 (1).

Option 2 ( new paragraph 2)

The competent authorities may

authorise the onward

transportation of consignments of

goods referred to in point (c ) of

Article 45(1) of this Regulation ,

which are in transit or

transhipped and which fulfil the

conditions of Article 45 (1) of

Regulation (EU) No

XXX/XXXX[ Office of publication

please insert number of the

Regulation on protective measures

against pests of plants] without

performing documentary,

identity and physical checks.

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Article 50 Article 50 Article 50 Details of documentary, identity and Details of documentary, identity and Details of documentary, identity and

physical checks physical checks physical checks

For the purposes of ensuring the For the purposes of ensuring the

uniform implementation of the rules uniform implementation of the rules

laid down in Articles 47, 48 and 49, laid down in Articles 47, 48 and 49,

the Commission shall by means of the Commission shall by means of implementing acts, lay down the

implementing acts, lay down the details of the operations to be

details of the operations to be carried carried out during and after the documentary, identity and physical

out during and after the documentary, checks referred to in those rules to

identity and physical checks referred to ensure the efficient performance of

in those rules to ensure the efficient those official controls. Those implementing acts shall be adopted

performance of those official controls. in accordance with the examination

Those implementing acts shall be procedure referred to in Article

adopted in accordance with the 141(2).

examination procedure referred to in

Article 141(2).

Article 51 Article 51 Article 51 Official controls not performed at Official controls not performed at Official controls not performed at border control posts of first arrival border control posts of first arrival border control posts of first arrival • AMD 158

Article 51 – paragraph 1 – Not acceptable but proposed

introductory part - (new) changes in paragraph 1 will

1.

Competent authorities may perform oblige the COM to adopt such the identity and physical checks of the rules through delegated acts.

animals and goods entering the Union from third countries referred to in Article 45(1) at control points other

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than border control posts, provided that those control points comply with the requirements provided for in article 62(3) and in the implementing acts adopted in accordance with article 62(4).

1.

The Commission shall be The Commission shall be empowered 1. The Commission shall be empowered to adopt delegated to adopt delegated acts in accordance empowered to adopt delegated acts in accordance with Article with Article 139 concerning rules acts in accordance with Article 139 concerning rules establishing the cases where and the 139 concerning rules establishing the cases where and conditions under which: establishing the cases where and the conditions under which: the conditions under which:

AMD 159 (a) identity and physical checks on

(a) identity and physical

checks on consignments deleted

consignments of the categories of animals and goods referred to

of the categories of in Article 45(1) so that such animals and goods checks may be performed by referred to in Article competent authorities at control 45(1) may be performed points other than border control by competent authorities posts provided that those control at control points other points comply with the than border control posts requirements provided for in provided that those Article 62(3) and in the control points comply implementing acts adopted in with the requirements accordance with Article 62(4); provided for in Article 62(3) and in the implementing acts adopted in accordance with Article 62(4);

(b) physical checks on

consignments which have (b) physical checks on

undergone documentary consignments which have undergone documentary and identity checks at a

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and identity checks at a border control post of first arrival to border control post of first the Union may be performed at arrival may be performed another border control post in a at another border control different Member State; post in a different Member State;

on consignments which have undergone documentary checks at a border control post of first arrival to the Union may be performed at another border control post in a different Member State;

(d) specific control tasks

relating to the following (c) specific control tasks may be may be attributed by performed by relating to the

competent authorities to following may be attributed

customs authorities or by competent authorities other public authorities: customs authorities or other

public authorities, insofar as those tasks are not already falling under the responsibility of those authorities:

(i) consignments • (i) consignments referred to referred to in in Article 63(2);

Article 63(2); (ii) passengers personal • (ii) passengers personal

luggage; luggage;

(iii) goods ordered by AMD 160

• (iii) goods ordered byfrom

distance selling, including by Partially acceptable as reworded

distance selling. iii) small consignments sent to private telephone or via the internet.

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individuals or acquired at a distance (by telephone, post or internet).

AMD 161 • (iiia) pet animals which meet the conditions [laid down in Not acceptable

Article 51 – paragraph 1 – letter c – Article 5 of Implementing

point iii a (new) Regulation (EU) No 576/2013 i

(iiia) pet animals which meet the of the European Parliament

conditions laid down in Article and of the Council].

5 of Implementing Regulation

(EU) No 576/2013 of the

European Parliament and of

the Council 1 .

(d) documentary checks on consignments of plant, plant

products and other objects referred to in Article 45 (1) (c) may be performed at distance from a border control post.

• 2. Point (b) of Article 54(2), 2. Point (b) of Article 54(2), point point (a) of Article 55(2) and (a) of Article 55(2), and Articles Articles 57, 58, 60, 61, 62(3) 57(1), point (a) and (c) of and (4), shall apply to the Article 58(1) and Articles 60, control points referred to in 61, 62(3) and (4), shall also point (a) of paragraph 1. apply to the control points referred to in point (a) of paragraph 1.

Article 52 Article 52 Article 52 Frequency of identity and physical Frequency of identity and physical Frequency of documentary, identity

1 Regulation (EU) No 576/2013 i of the European Parliament and of the Council on the non-commercial movement of pet animals and

repealing Regulation (EC) No 998/2003 i.

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checks checks and physical checks

1a.All consignments of the categories of animals and goods referred to in Article 45(1) shall be subject to documentary checks.

1b. Identity and physical checks shall be performed on consignments of the categories of animals and goods referred to Article 45(1) at a frequency dependent 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 GMOs and plant protection products, also to the environment.

1.

The Commission shall be
empowered to adopt delegated • 1. The Commission shall be acts in accordance with Article empowered to adopt delegated 139 concerning rules acts in accordance with Article establishing the categories of 139 concerning rules animals and goods and the establishing the categories of conditions under which, by animals and goods and the derogation from Article 47(2) conditions under which, by and account taken of the reduced derogation from Article 47(2) risk, identity checks on and account taken of the reduced consignments of animals and risk, identity checks on goods referred to in Article consignments of animals and

45(1) shall be: goods referred to in Article 45(1) shall be:

(a) performed at a reduced • (a) performed at a reduced frequency;

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frequency; (b) limited to the verification • (b) limited to the verification of

of a consignment's official a consignment's official seal, seal, where any such seal where any such seal is present. is present.

2.

The Commission shall be 2. The Commission shall, by empowered to adopt delegated means of implementing acts, acts in accordance with Article lay down rules for the uniform 139 concerning rules application of the appropriate establishing: frequency rate referred to in paragraph 1b. Such rules shall establish: be empowered to adopt delegated acts in accordance with Article 139 concerning rules establishing:
(a) the criteria and the AMD 162 (a) the criteria and the procedures

procedures for (a) the criteria and the procedures for for determining and modifying Not acceptable. First part of

determining and determining and modifying the the frequency rates of identity paragraph 2 refers to

modifying the frequency minimum frequency rates of and physical checks to be appropriate frequency rate and

rates of physical checks to physical checks to be performed performed on consignments of see also Article 8(1)

be performed on on consignments of the the categories of animals and consignments of the categories of animals and goods goods referred to in points (a), categories of animals and referred to in points (a), (b) and (b) and (c) of Article 45(1) and goods referred to in points (c) of Article 45(1) and to adjust to adjust them to the level of risk (a), (b) and (c) of Article them to the level of risk associated with those categories, 45(1) and to adjust them associated with those categories, having regard to: to the level of risk having regard to: associated with those categories, having regard to: (i) information • (i) information collected by collected by the the Commission in accordance Commission in with Article 124(1);

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accordance with Article 124(1);

(ii) the outcome of • (ii) the outcome of controls controls performed performed by Commission by Commission experts in accordance with experts in Article 1195(1);

accordance with Article 115(1);

(iii) operators' past • (iii) operators' past record as record as regards regards compliance with the compliance with rules referred to in Article 1(2);

the rules referred to in Article 1(2);

(iv) data and • (iv) data and information information collected via the information collected via the management system referred to

information in Article 130; management system referred to in Article 130;

(v) available scientific • (v) available scientific assessments; and, assessments; and,

(vi) any other • (vi) any other information information regarding the risk associated to

regarding the risk the categories of animals and associated to the goods. categories of animals and goods.

(b) the conditions under (b) the conditions under which which Member States Member States may increase the

may increase the frequency rates of identity and frequency rates of physical checks established in physical checks accordance with point (a) so as established in accordance to take account of local risk with point (a) so as to take factors;

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account of local risk factors; AMD 163

ensuring that the physical checks established in and physical checks established appropriate frequency rate and frequency rates of accordance with point (a) are in accordance with point (a) are also see Article 8(1)

physical checks applied in a timely and uniform applied in a timely and uniform established in accordance manner. manner. with point (a) are applied in a timely and uniform manner. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

• 3. The Commission shall, by 3. The Commission shall, by means of implementing acts, lay means of implementing acts, lay

down rules establishing: down rules establishing: AMD 164

(a) the minimum frequency of physical (a) the frequency of identity and Not acceptable . First part of

(a) the frequency of physical checks for the categories of paragraph 2 refers to physical checks for the

checks for the categories goods referred to in point (d) of categories of goods referred to in appropriate frequency rate and

of goods referred to in Article 45(1); point (d) of Article 45(1); see also Article 8(1)

point (d) of Article 45(1);

AMD 165 (b) the frequency of identity and

(b) the minimum frequency of physical Not acceptable. First part of physical checks for the

(b) the frequency of physical checks for the categories of categories of animals and goods paragraph 2 refers to

checks for the categories animals and goods referred to in referred to in points (e) and (f) appropriate frequency rate and

of animals and goods points (e) and (f) of Article of Article 45(1) as long as this is see also Article 8(1)

referred to in points (e) 45(1) as long as this is not not already provided for in the and (f) of Article 45(1) as already provided for in the acts acts referred to therein.

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long as this is not already referred to therein. provided for in the acts referred to therein.

Those implementing acts shall Those implementing acts shall be

be adopted in accordance with adopted in accordance with the

the examination procedure examination procedure referred to

referred to in Article 141(2). in Article 141(2).

Article 53 Article 53 Article 53 Decisions on consignments Decisions on consignments Decisions on consignments • 1. A decision shall be taken 1. A decision shall be taken by the

by the competent authorities on competent authorities on each each consignment of the consignment of the categories of categories of animals and goods animals and goods referred to in referred to in Article 45(1) Article 45(1) following the following the performance of performance of official controls official controls, indicating including documentary and, whether the consignment is in where necessary, identity and compliance with the rules physical checks, indicating referred to in Article 1(2) and, whether the consignment is in where relevant, the applicable compliance with the rules customs procedure. referred to in Article 1(2) and, where relevant, the applicable customs procedure.

• 2. Decisions taken following 2. (a) Decisions on consignments a physical check to verify on the basis of the results of compliance with animal health taken following a physical check and welfare requirements or regarding to verify compliance with plant health requirements with animal health and welfare shall be taken by staff requirements or with plant possessing appropriate health requirements laid down qualifications in veterinary or in the rules referred to in phytosanitary matters Article 1(2) shall, where they respectively, and designated by concern animals or

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the competent authorities for products of animal origin, be that purpose. taken by an official veterinarian. an official plant health officer or by

staff trained in accordance with the requirements established pursuant to Article 47(6a), and/or possessing appropriate qualifications in veterinary or phytosanitary matters respectively, and designated by the competent authorities for that purpose.

AMD 166 Such decisions, as regards on Not acceptable Decisions on consignments of animals consignments of meat and edible

shall be taken by an official Decisions on consignments of meat offal and of animals, except animals and products of animal This paragraph shall not apply to

veterinarian or under his supervision. origin shall be taken by an official live fish, live bivalve molluscs,

veterinarian who may be assisted live echinoderms, live tunicates by specially trained support staff and live marine gastropods whilst retaining responsibility for intended for human consumption. the checks carried out. shall be taken by an official

veterinarian or under his supervision.

(b) SuchDecisions on consignments regarding verification of compliance with the phytosanitary plant health requirements laid down in the rules referred to in Article 1(2) shall, where they concern, as regards consignments of plants,

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plant products and other objects, be taken by an official plant health officer.

AMD 167 Not acceptable ; redundant as already covered in Article 54

Article 53 – paragraph 2 a (new)

2a. These decisions shall be recorded in the CHED referred to in the following articles.

Article 54 Article 54 Article 54 Use of the Common Health Entry Use of the Common Health Entry Use of the Common Health Entry Document by the operator and by the Document by the operator and by the Document by the operator and by the

competent authorities competent authorities competent authorities • 1. For each consignment of 1. For each consignment of the

the categories of animals and categories of animals and goods goods referred to in referred to in Article 45(1) the Article 45(1) the operator operator responsible for the responsible for the consignment consignment shall complete the shall complete a CHED, relevant part of thea CHED, providing the information providing the information necessary for the immediate and necessary for the immediate and complete identification of the complete identification of the consignment and its destination. consignment and its destination.

• 1a. References in this Regulation to the CHED, shall be considered to include a reference to its electronic equivalent.

• 2. The CHED shall be used: 2. The CHED shall be used:

(a) by the operators (a) by the operators responsible for responsible for consignments of

consignments of the the categories of animals and

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categories of animals and goods referred to in Article goods referred to in 45(1) in order to give prior Article 45(1) in order to notification to the competent give prior notification to authorities of the border control the competent authorities post of the first arrival of those of the border control post consignments; of the arrival of those consignments;

(b) by the competent (b) by the competent authorities of authorities of the border the border control post, in order control post, in order to: to:

(i) record the outcome (i) record the outcome of the of the official official controls performed and controls performed any decisions taken on that and any decisions basis, including the decision to taken on that basis, reject a consignment;

including the decision to reject a consignment;

AMD 168 (ii) communicate the

(ii) communicate the information referred to in point Not acceptable. IMSOC is the

information (ii) communicate the information (i) through the TRACES umbrella system integrating in

referred to in point referred to in point (i) through or integrated computerised particular TRACES.

(i) through the in electronic exchange with the system referred to in Article TRACES system. TRACES system. 130 (1).

AMD 169 Principle acceptable but already covered in Article 133 (a).

Article 54 – paragraph 2 a (new)

2a. The operators and competent authorities referred to in this paragraph may also use a national information system to feed data into the TRACES system.

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• 3. Operators shall give prior 3. Operators responsible for the notification in accordance with consignment shall give prior point (a) of paragraph 2 by notification in accordance with completing and submitting the point (a) of paragraph 2 by relevant part of the CHED into completing and submitting the the TRACES system for relevant part of the CHED into transmission to the competent the TRACES system referred to authorities of the border control in Article 130(1) for post prior to the physical arrival transmission to the competent of the consignment into the authorities of the border control Union. post prior to the physical arrival of the consignment into the Union.

•

• 4. The competent authorities AMD 170 4. The competent authorities of the Not acceptable. Duplicate

of the border control post shall 4. The competent authorities of the border control post shall finalise paragraph (2)(b)(ii)

finalise the CHED as soon as: border control post shall record the CHED as soon as:

the decision on the consignment in the Common Health Entry Document as soon as all official controls required by Article 47(1) have been performed.

(a) all official controls (a) all official controls required by Article 47(1) required by Article 47(1) have

have been performed; been performed; (b) the results from physical (b) the results from physical

checks, where such checks, where such checks are checks are required, are required, are available; available;

taken in accordance with accordance with Article 53 and Article 53 and recorded recorded on the CHED. on the CHED.

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Article 55 Article 55 Article 55 Use of the Common Health Entry Use of the Common Health Entry Use of the Common Health Entry Document by customs authorities Document by customs authorities Document by customs authorities • 1. The placing of

consignments of the categories 1. The placing and handling of

of animals and goods referred to consignments of the

in Article 45(1) under categories of animals and

supervision or control by the goods referred to in Article customs authorities, including 45(1) under a custom

the entry or handling in free procedure by the customs zones or customs warehouses, authorities, including the shall be subject to the entry or handling in free

presentation by the operator to zones or customs warehouses the custom authorities of the or in free zones shall be

CHED, or its electronic

equivalent, duly finalised in the subject to the presentation by

TRACES system by the the operator responsible for competent authorities of the the consignment to the

border control post. custom authorities of the CHED, or its electronic

equivalent, duly finalised in the TRACES integrated computerised system referred to in Article 130(1) by the competent authorities of the border control post.

• 2. Customs authorities shall: 2. Customs authorities shall:

(a) not allow the placing of (a) not allow the placing of the consignment under a the consignment under a customs procedure customs procedure different different from the one from the one indicated by the indicated by the competent authorities of the

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competent authorities of border control post; the border control post;

(b) only allow the release for (b) only allow the release for free circulation of a free circulation of a consignment consignment upon upon presentation of a duly presentation of a duly finalised CHED which confirms finalised CHED which that the consignment is in confirms that the compliance with the applicable consignment is in rules referred to in Article 1(2).

compliance with the rules referred to in Article 1(2).

• 3. Where a customs

declaration is made for a 3. Where a customs declaration is consignment of the categories of made for a consignment of the animals or goods referred to in categories of animals or goods Article 45(1) and the CHED is referred to in Article 45(1) and not presented, the customs the CHED is not presented, the authorities shall detain the customs authorities shall detain consignment and immediately the consignment and notify the competent authorities immediately notify the of the border control post. The competent authorities of the competent authorities shall take border control post. The the necessary measures in competent authorities shall take

accordance with Article 64(5). the necessary measures in accordance with Article 64(5).

Article 56 Article 56 Article 56 Format, time requirements and specific Format, time requirements and specific Format, time requirements and specific rules for the use of the Common Health rules for the use of the Common Health rules for the use of the Common Health

Entry Document Entry Document Entry Document • 1. The Commission shall, by 1. The Commission shall, by

means of implementing acts, lay means of implementing acts, lay down rules establishing: down rules establishing: (a) the format of the CHED (a) the format of the CHED and the instructions for its and the instructions for its

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presentation and use; presentation and use, taking into account relevant international standards;

(b) the minimum time (b) the minimum time requirements for prior requirements for prior notification of notification of consignments by

consignments by operators responsible for the operators as provided for consignment as provided for in in point (a) of Article point (a) of Article 54(2) in 54(2) in order to enable order to enable the competent the competent authorities authorities of the border control of the border control post post to perform official controls to perform official in a timely and effective manner. controls in a timely and effective manner.

Those implementing acts shall Those implementing acts shall be

be adopted in accordance with adopted in accordance with the examination procedure referred to in

the examination procedure Article 141(2).

referred to in Article 141(2).

•

• 2. The Commission shall be AMD 171 2. Not acceptable The Commission shall be

empowered to adopt delegated 2. The Commission shall be empowered to adopt delegated acts in accordance with Article empowered to adopt delegated acts in accordance with Article 139 concerning rules acts in accordance with Article 139 concerning rules establishing the cases where and 139 concerning rules establishing the cases where and the conditions under which the establishing the cases where and the conditions under which the CHED must accompany the conditions under which the CHED must accompany consignments of the categories CHED must accompany consignments of the categories of animals and goods referred to consignments of the categories of animals and goods referred to in Article 45(1) to the place of of animals and goods referred to in Article 45(1) to the place of destination. in Article 45(1) to the place of destination.

destination. A copy of the CHED shall in any case

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accompany consignments of the categories of animals and goods referred to in Article 45(1) to the place of destination.

Article 57 Article 57 Article 57 Designation of border control posts Designation of border control posts Designation of border control posts • 1. Member States shall 1. Member States shall designate

designate border control posts border control posts for the for the purpose of performing purpose of performing official official controls on one or more controls on one or more of the of the categories of animals and categories of animals and goods goods referred to in Article referred to in Article 45(1). 45(1).

• 2. Member States shall 2. Member States shall notify the notify the Commission at least Commission at least three three months before designating months before designating a a border control post. That border control post. That notification shall include all the notification shall include all the information necessary for the information necessary for the Commission to verify that the Commission to verify that the proposed border control post proposed border control post complies with the minimum complies with the minimum requirements laid down in requirements laid down in Article 62. Article 62.

• 3. Within three months of 3. Within three months of receiving the notification receiving the notification referred to in paragraph 2, the referred to in paragraph 2, the

Commission shall inform the Commission shall inform the Member State: Member State:

(a) whether the designation of (a) whether the designation of the proposed border the proposed border control post control post is dependent is dependent upon the upon the favourable favourable outcome of a control outcome of a control performed by Commission

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performed by experts in accordance with Commission experts in Article 115 in order to verify accordance with Article compliance with the minimum 115 in order to verify requirements laid down in compliance with the Article 62; minimum requirements laid down in Article 62;

(b) of the date of such a (b) of the date of such a control. control which shall be not later than six months from the notification.

. • 3a. In cases where the

Commission has informed a Member State, in accordance with paragraph 3(a), that a favourable outcome of a control is not necessary, the Member State may proceed with the designation.

• 4. The Member State shall 4. The Member State shall delay delay designating the border designating the border control control post until the favourable post until the favourable outcome of the control has been outcome of the control has been communicated to it by the communicated to it by the Commission. Commission. The Commission

shall communicate the results of its control referred to in paragraph 3 at the latest within three months from the date of that control.

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Article 58 Article 58 Article 58 Listing of border control posts Listing of border control posts Listing of border control posts

• 1. Each Member State shall 1. Each Member State shall make available on the Internet make available on the Internet up-to-date lists of border control up-to-date lists of border control posts on its territory, providing posts on its territory, providing the following information for the following information for each border control post: each border control post:

(a) its contact details and (a) its contact details and opening hours; opening hours;

(aa) its opening hours;

(b) its exact location and (b) its exact location and whether it is a port, whether it is a port, airport, rail airport, rail or road entry or road entry point;

point; (c) the categories of animals (c) the categories of animals

and goods referred to in and goods referred to in Article Article 45(1) which are 45(1) which are included in the included in the scope of scope of its designation; its designation;

(d) the equipment and (d) the equipment and premises available for premises available for performing official performing official controls on

controls on each of the each of the categories of animals categories of animals and and goods for which it is goods for which it is designated; designated;

(e) the volume of the animals (e) the volume of the animals and goods handled per and goods handled per calendar calendar year for each of year for each of the categories of the categories of animals animals and goods referred to in and goods referred to in Article 45(1) for which it is Article 45(1) for which it designated.

is designated.

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• 2. The Commission shall, by 2. The Commission shall, by means of implementing acts, means of implementing acts, establish the format, categories, establish the format, categories,

abbreviations for designations abbreviations for designations and other information to be used and other information to be used by Member States in the lists of by Member States in the lists of border control posts. border control posts. Those implementing acts shall Those implementing acts shall be

be adopted in accordance with adopted in accordance with the examination procedure referred to in

the examination procedure Article 141(2).

referred to in Article 141(2).

Article 59 Article 59 Article 59 Withdrawal of approvals for, and re Withdrawal of approvals for, and re Withdrawal of approvals for, and redesignation of, existing border control designation of, existing border control designation of, existing border control

entities entities entities • 1. The approval of border 1. The approval of border

inspection posts in accordance inspection posts in accordance with Article 6 of Council with Article 6 of Council Directive 97/78/EC i and Article Directive 97/78/EC i and Article 6 of Council Directive 6 of Council Directive 91/496/EEC i and the designation 91/496/EEC, and the designation of points of entry in accordance of points of entry in accordance with Article 5 of Regulation with Article 5 of Regulation (EC) No 669/2009 i and with (EC) No 669/2009 and with Article 13(c)(4) of Council Article 13(c)(4) of Council Directive 2000/29/EC i shall be Directive 2000/29/EC i and the withdrawn. designation of first points of

introduction in accordance with Article 5 of Regulation (EU) No 284/2011 shall be withdrawn.

• 2. Member States may re 2. Member States may re-designate designate border inspection border inspection posts,

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posts, designated points of entry designated points of entry, and and points of entry referred to in points of entry and first points paragraph 1 as border control of introduction referred to in posts in accordance with Article paragraph 1 as border control 57(1) provided that the posts in accordance with Article minimum requirements referred 57(1) provided that the to in Article 62 are complied minimum requirements referred with. to in Article 62 are complied with.

• 3. Article 57(2) and (3) shall 3. Article 57(2), and (3) and (4) not apply to the re-designation shall not apply to the rereferred to in paragraph 2. designation referred to in

paragraph 2. Article 60 Article 60 Article 60 Withdrawal of the designation of Withdrawal of the designation of Withdrawal of the designation of

border control posts border control posts border control posts • 1. Where border control 1. Where border control posts

posts cease to comply with the cease to comply with the requirements referred to in requirements referred to in Article 62, the Member States Article 62, the Member States shall: shall: (a) withdraw the designation (a) withdraw the designation provided for in Article provided for in Article 57(1) for 57(1) for all or for certain all or for certain categories of categories of animals and animals and goods for which the goods for which the designation was made; designation was made; (b) remove them from the (b) remove them from the lists referred to in Article lists referred to in Article 58(1), 58(1), for the categories for the categories of animals and of animals and goods for goods for which the designation which the designation is is withdrawn. withdrawn.

• 2. Member States shall 2. Member States shall inform the inform the Commission and the Commission and the other

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other Member States of the Member States of the withdrawal of the designation of withdrawal of the designation of a border control post as provided a border control post as provided for in paragraph 1 and of the for in paragraph 1 and of the reasons for such withdrawal. reasons for such withdrawal.

• 3. The Commission shall be 3. The Commission shall be empowered to adopt delegated empowered to adopt delegated

acts in accordance with Article acts in accordance with Article 139 concerning the cases where, 139 concerning the cases where, and the procedures by which, and the procedures by which, border control posts whose border control posts whose designation has only been designation has only been partially withdrawn in partially withdrawn in accordance with point (a) of accordance with point (a) of paragraph 1 may be reparagraph 1 may be redesignated by derogation from designated by derogation from the provisions of Article 57. the provisions of Article 57.

4.

This Article shall be without prejudice to Member States’ competence to decide on the withdrawal of designation of border control posts for other reasons than those referred to in this Regulation.

Article 61 Article 61 Article 61 Suspension of the designation of Suspension of the designation of Suspension of the designation of

border control posts border control posts border control posts

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• 1. A Member State shall AMD 172 1. A Member State shall Not acceptable immediately suspend the 1. A Member State shall immediately suspend the designation of a border control immediately suspend the designation of a border control post and order its activities to be designation of a border control post and order its activities to be stopped, for all or for certain post and order its activities to be stopped, for all or for certain categories of animals and goods stopped, for all or for certain categories of animals and goods for which the designation was categories of animals and goods for which the designation was made, in cases where such for which the designation was made, in cases where such activities may result in a risk to made, in cases where such activities may result in a risk to human, animal or plant health, activities may result in a risk to human, animal or plant health, animal welfare or, as regards human, animal or plant health or animal welfare or, as regards GMOs and plant protection animal welfare, to the GMOs and plant protection

products, to the environment. environment. products, to the environment. In case of a serious risk, the

suspension shall be immediate.

• 2. Member States shall 2. Member States shall immediately inform the immediately inform the

Commission and the other Commission and the other Member States of any Member States of any suspension of the designation of suspension of the designation of a border control post and the a border control post and the reasons for such a suspension. reasons for such a suspension.

• 3. Member States shall 3. Member States shall indicate the indicate the suspension of the suspension of the designation of designation of a border control a border control post in the lists post in the lists referred to in referred to in Article 58(1).

Article 58(1). • 4. Member States shall 4. Member States shall remove the

remove the suspension provided suspension provided for in for in paragraph 1 as soon as: paragraph 1 as soon as: (a) the competent authorities (a) the competent authorities are satisfied that the risk are satisfied that the risk referred referred to in paragraph 1 to in paragraph 1 no longer

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no longer exists; exists; (b) they have communicated (b) they have communicated

to the Commission and to to the Commission and to the the other Member States other Member States the the information on the information on the basis of basis of which the which the suspension is suspension is removed. removed.

• 5. The Commission may, by

means of implementing acts, 5. The Commission may, by means establish procedures for the of implementing acts, establish exchanges of information and procedures for the exchanges of communications referred to in information and communications paragraph 2 and in point (b) of referred to in paragraph 2 and in paragraph 4. point (b) of paragraph 4..

Those implementing acts shall Those implementing acts shall be

be adopted in accordance with adopted in accordance with the examination procedure referred to in

the examination procedure Article 141(2).

referred to in Article 141(2).

6.

This Article shall be without prejudice to Member States’ competence to decide on the suspension of designation of border control posts for other reasons than those referred to in this Regulation.

Article 62 Article 62 Article 62 Minimum requirements for border Minimum requirements for border Minimum requirements for border

control posts control posts control posts

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1.

Border control posts shall be located

• 1. Border control posts shall AMD 173 in the immediate vicinity of the Not acceptable

be located in the immediate 1. Border control posts shall be located point of entry into the Union and vicinity of the point of entry into in the immediate vicinity of the in a place which is suitably the Union and in a place suitably point of entry into the Union and equipped to be designated by the equipped to be designated by in a place that is suitably customs authorities in the customs authorities in equipped, in accordance with accordance with Article 38(1) of accordance with Article 38(1) of Article 38(1) of Regulation Regulation (EEC) No 2913/92 i Regulation (EEC) No 2913/92 i. (EEC) No 2913/92. or in a free zone.

• 2. The Commission shall be 2. The Commission shall be empowered to adopt delegated empowered to adopt delegated

acts in accordance with Article acts in accordance with Article 139 concerning the cases where 139 concerning the cases where and conditions under which a and conditions under which a border control post can be border control post may can be situated at a certain distance situated at a certain distance from the point of entry into the other than in the immediate Union given specific vicinity of from the point of geographical constraints. entry into the Union in cases of given specific geographical constraints.

• 3. Border control posts shall 3. Border control posts shall have: have:

(a) a sufficient number of (a) a sufficient number of suitably qualified staff; suitably qualified staff;

(b) premises appropriate for (b) premises or other the nature and volume of facilities appropriate for the

the categories of animals nature and volume of the and goods handled; categories of animals and goods handled;

(c) equipment and premises (c) equipment and premises to allow the performance or other facilities to allow the of official controls for performance of official controls each of the categories of for each of the categories of

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animals and goods for animals and goods for which the which the border control border control post has been post has been designated; designated;

(d) arrangements in place to (d) arrangements in place to guarantee, as appropriate, guarantee, as appropriate, access access to any other to any other equipment, premise equipment, premise and and service necessary to apply service necessary to apply the measures taken in the measures taken in accordance with Articles 63, 64 accordance with Articles and 65 in cases of suspicion, 63, 64 and 65 in cases of non-compliant consignments or suspicion, non-compliant consignments presenting a risk;

consignments or consignments presenting a risk;

(e) contingency arrangements (e) contingency arrangements to ensure the smooth to ensure the smooth operation operation of official of official controls and the controls and the effective effective application of the application of the measures taken in accordance measures taken in with Articles 63, 64 and 65 in accordance with cases of unforeseeable and Articles 63, 64 and 65 in unexpected conditions or events; cases of unforeseeable

and unexpected conditions or events;

(f) the technology and (f) the technology and equipment necessary for equipment necessary for the

the efficient operation of efficient operation of the TRACES system and, theTRACES integrated as appropriate, of other computerised system referred computerised information to in Article 130(1) and, as management systems appropriate, of other necessary for the handling computerised information and exchange of data and management systems necessary

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information; for the handling and exchange of data and information;

(g) access to the services of (g) access to the services of official laboratories official laboratories capable of capable of providing providing analytical, testing and analytical, testing and diagnostic results within diagnostic results within appropriate deadlines and appropriate deadlines and equipped with the information equipped with the technology tools necessary to information technology ensure the introduction of the tools necessary to ensure results of analyses, tests or the introduction of the diagnoses carried out into the results of analyses, tests TRACES system as appropriate; or diagnoses carried out

into the TRACES system as appropriate;

(h) appropriate arrangements (h) appropriate arrangements for the proper handling of for the proper handling of different categories of different categories of animals animals and goods and to and goods and to prevent risks prevent risks which may which may result from crossresult

from crosscontamination; contamination;

(i) arrangements to comply (i) arrangements to comply with relevant biosecurity with relevant biosecurity standards in order to standards in order to prevent the prevent the spread of spread of diseases into the diseases into the Union. Union.

• 4. The Commission may, by 4. The Commission may, by means means of implementing acts, of implementing acts, detail the detail the requirements laid requirements laid down in down in paragraph 3 to take into paragraph 3 to take into account account specific features and specific features and logistic logistic needs related to the needs related to the performance performance of official controls of official controls and to the

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and to the application of the application of the measures measures taken in accordance taken in accordance with Article with Article 64(3) and (5) and 64(3) and (5) and Article 65 in Article 65 in relation to the relation to the different different categories of animals categories of animals and goods and goods referred to in referred to in Article 45(1). Article 45(1).

Those implementing acts shall Those implementing acts shall be

be adopted in accordance with adopted in accordance with the

the examination procedure examination procedure referred to in

referred to in Article 141(2). Article 141(2).

5.

The Commission shall adopt delegated acts in accordance with Article 139 concerning the cases and conditions under which border control posts designated for the imports of unprocessed logs and sawn and
chipped wood may be exempted from one or more of the obligations referred to in paragraph 3 and Article 47(1) to take into account the needs of competent authorities in charge of official controls operating under specific geographical constraints, while ensuring the proper performance of the controls.

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SECTION III SECTION III SECTION III

ACTION IN CASE OF SUSPICION OF ACTION IN CASE OF SUSPICION OF ACTION IN CASE OF SUSPICION OF

NON - COMPLIANCE AND OF NON - NON - COMPLIANCE AND OF NON - NON - COMPLIANCE AND OF NON -

COMPLIANCE OF ANIMALS AND COMPLIANCE OF ANIMALS AND COMPLIANCE OF ANIMALS AND

GOODS GOODS GOODS ENTERING THE U NION

FROM THIRD COUNTRIES FROM THIRD COUNTRIES FROM THIRD COUNTRIES

Article 63 Article 63 Article 63 Suspicion of non-compliance and Suspicion of non-compliance and Suspicion of non-compliance and

intensified official controls intensified official controls intensified official controls • 1. In case of suspicion of non•

1.

In case of suspicion of compliance of consignments of Not acceptable
non-compliance of

consignments of the categories AMD 174

the categories of animals and goods referred to in Articles

of animals and goods referred to 1. In case of suspicion of non 42(1) and 45(1) with the rules in Article 45(1) with the rules compliance of consignments of referred to in Article 1(2), the referred to in Article 1(2), the the categories of animals and competent authorities shall competent authorities shall goods referred to in Article perform official controls in order perform official controls in order 45(1) with the rules referred to to confirm or to eliminate that to confirm or to eliminate that in Article 1(2), the competent suspicion. suspicion. authorities shall perform official controls or delegate the responsibility to other competent authorities in order to confirm or to eliminate that suspicion.

• 2. Consignments of animals 2. Consignments of animals and and goods which are not goods which are not declared by declared by operators to consist operators to consist of the of the categories of animals and categories of animals and goods goods referred to in Article referred to in Article 45(1), shall 45(1), shall be subject to official be subject to official controls by controls by the competent the competent authorities where there is reason to believe that

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authorities where there is reason such categories of animals or to believe that such categories of goods are present in the animals or goods are present in consignment. the consignment.

• 3. The competent authorities 3. The competent authorities shall shall place the consignments place the consignments referred referred to in paragraphs 1 and 2 to in paragraphs 1 and 2 under under official detention until official detention pending until they obtain the results of the they obtain the results of the official controls provided for in official controls provided for in those paragraphs. those paragraphs.

Where appropriate, those Where appropriate, those consignments shall be isolated or

consignments shall be isolated or quarantined and animals shall be

quarantined and animals shall be sheltered, fed, watered and as necessary treated pending the

sheltered, fed, watered and treated results of the official controls.

pending the results of the official

controls.

•

• 4. AMD 175 Where the competent 4. Where the competent authorities Not acceptable

authorities have reasons to 4. Where the competent authorities have reasons to suspect suspect fraudulent behaviour by have reasons to suspect fraudulent behaviour by an an operator or official controls fraudulent behaviour by an operator or official controls give give grounds to believe that the operator or official controls give grounds to believe that the rules rules referred to in Article 1(2) grounds to believe that the rules referred to in Article 1(2) have have been seriously or referred to in Article 1(2) have been seriously or repeatedly repeatedly infringed, they shall, been seriously or repeatedly infringed, they shall, where where appropriate, and in infringed, they shall, in addition appropriate, and in addition to addition to the measures to the measures provided for in the measures provided for in provided for in Article 64(3), Article 64(3), intensify official Article 64(3), intensify official

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intensify official controls on controls on consignments with controls on consignments with consignments with the same the same origin or use. the same origin or use as origin or use as appropriate. appropriate.

• 5. The competent authorities 5. The competent authorities shall shall notify the Commission and notify the Commission and the the Member States through the Member States through the TRACES system of their TRACES integrated decision to perform intensified computerised system referred official controls, as provided for to in Article 130 (1) of their in paragraph 4, indicating the decision to perform intensified purported fraudulent behaviour official controls, as provided for or serious or repeated in paragraph 4, indicating the infringement. reasons for their decision.

purported fraudulent behaviour or serious or repeated infringement.

• 6. The Commission shall, by 6. The Commission shall, by means of implementing acts, means of implementing acts, establish procedures for the establish procedures for the coordinated performance by coordinated performance by competent authorities of the competent authorities of the intensified official controls intensified official controls referred to in paragraphs 4 and referred to in paragraphs 4 and

5.

5.

Those implementing acts shall Those implementing acts shall be

be adopted in accordance with adopted in accordance with the

the examination procedure examination procedure referred to

referred to in Article 141(2). in Article 141(2).

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Article 64 Article 64 Article 64 Measures to be taken in cases of non Measures to be taken in cases of non Measures to be taken in cases of noncompliant

consignments compliant consignments compliant consignments entering the Union from third entering the Union from third entering the Union from third

countries countries countries

• 1. AMD 176 The competent 1. The competent authorities shall Not acceptable as for all animals

authorities shall place under When the competent authority place under official detention or goods not only Article 45(1)

official detention any

ascertains as a result of the official any consignment of animals or

applies.

consignment of animals or goods entering the Union from

goods entering the Union from controls performed at the border third countries which does not

third countries which does not control posts in accordance with comply with the rules referred to

comply with the rules referred Article 45, that consignments of in Article 1(2) and refuse entry to in Article 1(2) and refuse animals and goods do not comply into the Union to it. entry into the Union to it. with the requirements under Article 1(2), it shall issue a report or a decision: ‘Non-compliant consignment’ or ‘Negative control’ which shall be recorded in the CHED. Furthermore the competent authorities shall officially detain said consignment of animals or goods and refuse entry into the Union to it.

AMD 177 As appropriate, any such Not acceptable; it is 'as As appropriate, any such consignment shall be isolated or appropriate'

consignment shall be isolated or As appropriate, any such quarantined and animals or consignment or part thereof shall quarantined and animals belonging to it shall be kept, and be isolated or quarantined and cared or treated under appropriate

belonging to it shall be kept and animals belonging to it shall be kept conditions pending any further

treated under appropriate and treated under appropriate decision. conditions pending any further

decision. The special needs of

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conditions pending any further other goods shall also be borne in

decision. mind.

• 2. The Commission shall, by 2. The Commission shall, by means of implementing acts, lay means of implementing acts, lay

down the modalities for the down the modalities for the isolation and quarantine isolation and quarantine provided for in the second provided for in the second subparagraph of paragraph 1. subparagraph of paragraph 1.

Those implementing acts shall Those implementing acts shall be

be adopted in accordance with adopted in accordance with the examination procedure referred to in

the examination procedure Article 141(2).

referred to in Article 141(2).

3.

Having, where possible, heard AMD 178 3. The competent authority Not acceptable but covered by the operator responsible for the 3. The competent authorities shall Having, where possible, heard the the last paragraph of this consignment, the competent hear the operator responsible for operator responsible for the paragraph (3) authorities shall, without delay, the consignment. The competent consignment, the competent order that the operator: authority may omit this if an authorities shall, as regards the
immediate decision is necessary consignment referred to in either because a delay would be paragraph 1 order, without dangerous or in the public delay, order that the operator interest. It shall, without delay, responsible for the consignment:

order that the operator: (a) destroy the consignment AMD 179 (a) destroy the consignment

in compliance, where a) destroy the consignment or part Not acceptable; this is in compliance, where appropriate, with the rules thereof, humanely in the case mandatory by animal welfare appropriate with the rules

referred to in Article 1(2); of live animals, in compliance, referred to in Article 1(2); or rules

or where appropriate, with the rules referred to in Article 1(2); or

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(b) re-dispatch the AMD 180 (b) re-dispatch the

consignment outside the b) re-dispatch the consignment or part consignment outside the Union Not acceptable

Union in accordance with thereof outside the Union in in accordance with Article 70(1) Article 70(1) and (2); or accordance with Article 70(1) and (2); or and (2); or

to special treatment in c) subject the consignment or part Not acceptable to special treatment in

accordance with Article thereof to special treatment in accordance with Article 69(1) 69(1) and (2) or to any accordance with Article 69(1) and (2) or to any other measure other measure necessary and (2) or to any other measure necessary to ensure compliance to ensure compliance with necessary to ensure compliance with the rules referred to in the rules referred to in with the rules referred to in Article 1(2), and, where Article 1(2), and, where Article 1(2), and, where appropriate, destines the appropriate, destines the appropriate, destines the consignment for purposes other consignment for purposes consignment for purposes other than those for which it was other than those for which than those for which it was originally intended. it was originally intended. originally intended.

• When the consignment consists of plants, plants products or others objects, points (a), (b) and (c) of this paragraph shall be applied either to the consignment or to lots thereof.

• Before ordering the operator to take action in accordance with (a) to (c), the competent authority shall hear the operator concerned, unless immediate action is necessary in order to respond to a risk to human, animal or plant health, animal welfare or as regards the GMOs and plant protection products, also to the environment.

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• 4. The competent authorities 4. The competent authorities shall shall immediately notify any immediately notify any decision decision to refuse entry of a to refuse entry of a consignment consignment as provided for in as provided for in paragraph 1 paragraph 1 and any order and any order issued pursuant to issued pursuant to paragraphs 3 paragraphs 3 and 5 and Article and 5 and Article 65 to: 65 to:

(a) the Commission; (a) the Commission;

(b) the competent authorities (b) the competent authorities of the other Member of the other Member States;

States; (c) the customs authorities; (c) the customs authorities;

(d) the competent authorities (d) the competent authorities of the third country of of the third country of origin;

origin; (e) the operator responsible (e) the operator responsible

for the consignment. for the consignment. That notification shall be

performed via the computerised That notification shall be performed via the computerised information

information management system management system referred to in

referred to in Article 130(1). Article 130(1).

• 5. If a consignment of the 5. If a consignment of the categories of animals or goods categories of animals or goods

referred to in Article 45(1) is not referred to in Article 45(1) is not presented for the official presented for the official controls referred to in that controls referred to in that Article, or is not presented in Article, or is not presented in accordance with the accordance with the

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requirements laid down in requirements laid down in Articles 48(1) and (3), 54(1), (2) Articles 48(1) and (3), 54(1), (2) and (3), or with the rules and (3), or with the rules adopted pursuant to Articles 46, adopted pursuant to Articles 46, 47(6), 49, 51(1) and 56, the 47(6), 49, 51(1) and 56, the competent authorities shall order competent authorities shall order that it be retained or recalled, that it be retained or recalled, and placed under official and placed under official detention without delay. detention without delay.

Paragraphs 1, 3 and 4 of this Paragraphs 1, 3 and 4 of this Article shall apply to such Article shall apply to such consignments. consignments.

5a. The measures referred to in this Article shall be applied at the expense of the operator responsible for the consignment.

Article 65 Article 65 Article 65

AMD 182 Not acceptable; it is in cases of consignment presenting a risk ,

Measures to be taken in cases of an Measures to be taken on animals or and not cases of non-compliant Measures to be taken on animals or attempt to bring non-compliant goods entering the Union from consignment. goods entering the Union from third consignments into the EU from third countries presenting a risk

countries presenting a risk third countries presenting a risk

AMD 183 Acceptable as reworded.

Where official controls indicate that a

consignment of animals or goods Where official controls indicate that Where official controls indicate that a consignment of animals or goods a consignment of animals or goods

presents a risk to human, animal or presents a risk to human or animal presents a risk to human, animal or

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plant health, animal welfare or, as health, animal welfare or to the plant health, animal welfare or, as

regards GMOs and plant protection environment, such consignment regards GMOs and plant protection shall be isolated or quarantined and products, also to the environment,

products, to the environment, such animals belonging to it shall be kept such consignment shall be isolated

consignment shall be isolated or and treated under appropriate or quarantined and animals

quarantined and animals belonging to conditions pending any further belonging to it shall be kept, cared decision. or treated under appropriate

it shall be kept and treated under conditions pending any further appropriate conditions pending any decision.

further decision.

The competent authorities shall retain The competent authorities shall

the consignment in question under retain the consignment in question

official detention and shall, without under official detention and shall,

delay: without delay, order that the operator responsible for that

consignment:

AMD 184

(a) order that the operator destroy the (a) order that the operator Not acceptable; this is

(a) order that the operator destroy consignment, humanely in the mandatory by animal welfare destroy the consignment in

the consignment in compliance, case of live animals, in compliance, where appropriate, rules

where appropriate, with the rules compliance, where appropriate, with the rules referred to in referred to in Article 1(2), taking with the rules referred to in Article 1(2), taking all the all the measures necessary to Article 1(2), taking all the measures necessary to protect protect human, animal or plant measures necessary to protect human, animal or plant health, health, animal welfare or the human, animal or plant health, animal welfare or the environment; or animal welfare or the environment; or environment; or

(b) subject the consignment to (b) subject the consignment special treatment in accordance to special treatment in with Article 69(1) and (2). accordance with Article 69(1) and (2).

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The measures referred to in this Article shall be applied at the expense of the operator responsible for the consignment.

Article 66 Article 66

Follow up of decisions taken in Follow up of decisions taken in Article 66

relation to non-compliant relation to non-compliant Follow up of decisions taken in

consignments entering the Union from consignments entering the Union from relation to non-compliant

third countries third countries consignments entering the Union

from third countries

• 1. The competent authorities 1. The competent authorities shall: shall:

(a) invalidate the official (a) invalidate the official certificates and other certificates and as appropriate documents accompanying other relevant documents consignments which have accompanying consignments been subject to measures which have been subject to pursuant to Article 64(3) measures pursuant to Article and (5) and Article 65; 64(3) and (5) and Article 65;

(b) cooperate in accordance (b) cooperate in accordance with Title IV to take any with Title IV to take any further further measures measures necessary to ensure necessary to ensure that it that it is not possible to is not possible to reintroduce consignments into reintroduce consignments the Union which have been into the Union which have refused entry in accordance with been refused entry in Article 64(1).

accordance with Article 64(1).

• 2. The competent authorities AMD 185

2.

The competent authorities in the
Member State where the official Not acceptable

in the Member State where the controls were performed shall

official controls were performed The competent authorities in the Member State where the official supervise the application of the

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shall supervise the application of controls were performed shall measures ordered pursuant to the measures ordered pursuant to supervise the application of the Article 64(3) and (5) and Article

Article 64(3) and (5) and Article measures ordered pursuant to 65 to ensure that the

65 to ensure that the consignment does not give rise

consignment does not give rise Article 64(3) and (5) and Article 65 to adverse effects on human,

to adverse effects on human, to ensure that the consignment does animal or plant health, animal animal or plant health, animal not give rise to adverse effects on welfare, or the environment,

welfare, or the environment, human or animal health, animal welfare, or the environment, during during or pending the

during or pending the

application of those measures. or pending the application of those

application of those measures.

measures.

Where appropriate, such Where appropriate, such application application shall be completed shall be completed under the under the supervision of the supervision of the competent competent authorities of another authorities of another Member State.

Member State.

Article 67 Article 67

Failure by the operator to apply the Failure by the operator to apply the Article 67

measures ordered by the competent measures ordered by the competent Failure by the operator to apply the

authorities authorities measures ordered by the competent

authorities

• 1. The operator shall carry AMD 186 1. The operator responsible for Not acceptable.

out all the measures ordered by 1. The operator shall carry out all the the consignment shall carry out

the competent authorities in measures ordered by the all the measures ordered by the This is concerning the accordance with Article 64 (3) competent authorities in 'consignment' and not the competent authorities in

and (5) and 65 without delay accordance with Article 64 (3) accordance with Article 64 (3) 'products'

and, at the latest, within 60 days and (5) and 65 without delay and (5) and 65 without delay from the day on which the and, at the latest, in the case of and, at the latest, within 60 days competent authorities notified products, within 60 days from from the day on which the the operator of their decision in the day on which the competent competent authorities notified accordance with Article 64(4). authorities notified the operator the operator concerned of their

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of their decision in accordance decision in accordance with with Article 64(4). Article 64(4).The competent authorities may specify a shorter period than the period of 60 days.

• 2. If, after the expiry of the 2. If, after the expiry of the period

60-day period no action has referred to in paragraph 1 60- been taken by the operator, the day period no action has been competent authorities shall taken by the operator order: concerned, the competent

authorities shall order: (a) that the consignment be (a) that the consignment be

destroyed or subject to destroyed or subject to any other any other appropriate appropriate measure; measure;

(b) in the cases referred to in (b) in the cases referred to in Article 65, that the Article 65, that the consignment consignment be destroyed be destroyed in suitable facilities in suitable facilities located as close as possible to located as close as the border control post, taking possible to the border all measures necessary to protect control post, taking all human, animal or plant health, measures necessary to animal welfare or the protect human, animal or environment.

plant health, animal welfare or the environment.

• 3. The competent authorities may extend the period referred 3. The competent authorities may to in paragraphs 1 and 2 of this extend the period referred to in Article for the time necessary to paragraphs 1 and 2 of this obtain the results of the second Article for the time necessary to expert opinion referred to in obtain the results of the second

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Article 34, provided that this is expert opinion referred to in without adverse effects to Article 34, provided that this is human, animal and plant health, without adverse effects to animal welfare and, as regards human, animal and plant health, GMOs and plant protection animal welfare and, as regards products, to the environment. GMOs and plant protection products, to the environment. 4. The measures referred to in this Article shall be applied at the expense of the operator responsible for the consignment. Article 68 Article 68 Article 68

Consistency of application of Articles Consistency of application of Articles Consistency of application of Articles 64 and 65 64 and 65 64, 65 and 665

The Commission shall, by means of The Commission shall, by means of

implementing acts, lay down rules to implementing acts, lay down rules

ensure consistency across all border to ensure consistency across all

control posts referred to in Article border control posts referred to in Article 57(1) and control points

57(1) and control points referred to in referred to in in point (a) of Article

in point (a) of Article 51(1) of 51(1) of decisions and measures taken and orders issued by the

decisions and measures taken and competent authorities pursuant to orders issued by the competent Articles 64, 65 and 665, in the form

authorities pursuant to Articles 64 and of instructions to be followed by the competent authorities when

65, in the form of instructions to be responding to common or recurring

followed by the competent authorities situations of non-compliance or

when responding to common or risk.

recurring situations of non-compliance

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or risk.

Those implementing acts shall be Those implementing acts shall be

adopted in accordance with the adopted in accordance with the

examination procedure referred to in examination procedure referred to

Article 141(2). in Article 141(2).

Article 69 Article 69 Article 69 Special treatment of consignments Special treatment of consignments Special treatment of consignments • 1. The special treatment of 1. The special treatment of

consignments provided for in consignments provided for in point (c) of Article 64(3) and point (c) of Article 64(3) and point (b) of Article 65 may, as point (b) of Article 65 may, as appropriate, include: appropriate, include: (a) treatment or processing, (a) treatment or processing, including including decontamination, decontamination, where where appropriate, but excluding appropriate, but excluding dilution, so that the consignment dilution, so that the complies with the requirements consignment complies of the rules referred to in Article with the requirements of 1(2), or with the requirements of the rules referred to in a third country of re-dispatch; or Article 1(2), or with the requirements of a third country of re-dispatch; (b) treatment in any other (b) treatment in any other manner suitable for safe manner suitable for safe animal animal or human or human consumption or for consumption or for purposes other than animal or purposes other than human consumption. animal or human consumption.

• 2. The special treatment 2. The special treatment provided provided for in paragraph 1 for in paragraph 1 shall:

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shall: (a) be carried out effectively (a) be carried out effectively and ensure the elimination and ensure the elimination of of any risk to human, any risk to human, animal or animal or plant health, plant health, animal welfare or, animal welfare or, as as regards GMOs and plant regards GMOs and plant protection products, also to the protection products, to the environment; environment;

(b) be documented and (b) be documented and

carried out under the carried out under the control control of the competent of the competent authorities,

authorities; and, where appropriate,

under the control of the competent authorities of another Member State by mutual agreement;

the rules referred to in rules referred to in Article 1(2). Article 1(2).

• 3. The Commission shall be 3. The Commission shall, by empowered to adopt delegated means of be empowered to acts in accordance with Article adopt implementing delegated 139 concerning the requirements acts, lay down rules and the conditions in accordance establishing in accordance with which the special treatment with Article 139 concerning provided for in paragraph 1 shall the requirements and the take place. conditions in accordance with which the special treatment provided for in paragraph 1 shall take place. Those implementing

ANNEX DGB 2B LIMITE EN

acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

In the absence of rules adopted In the absence of rules adopted by by delegated act, such special implementing delegated acts, such treatment shall take place in special treatment shall take place in accordance with national rules. accordance with national rules.

Article 70 Article 70 Article 70 Re-dispatch of consignments Re-dispatch of consignments Re-dispatch of consignments • 1. The competent authorities 1. The competent authorities shall

shall allow the re-dispatch of allow the re-dispatch of consignments subject to consignments subject to compliance with the following compliance with the following conditions: conditions: (a) the destination has been (a) the destination has been agreed with the operator agreed with the operator responsible for the responsible for the consignment; consignment; and,

(b) the operator responsible (b) the operator responsible for the consignment has for the consignment has first informed the informed them in writing that competent authorities of first informed the competent the third country of origin authorities of the third country or third country of of origin or third country of destination, if different, of destination, if different, have the reasons and been informed of the reasons

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circumstances for the and circumstances for the refusal refusal of the entry into of the entry into the Union of the the Union of the consignment of animals or consignment of animals or goods concerned; and, goods concerned;

country of origin, the country of origin, the

competent authorities of

the third country of competent authorities of the

destination have notified third country of destination

the competent authorities the operator has obtained of the Member State that the agreement of the

they are prepared to competent authorities of

accept the consignment; that third country of

destination they have been notified by and the competent authorities of the latter have notified the competent authorities of the Member State that they are prepared to accept the consignment; and,

(d) in the case of (d) in the case of consignments of animals consignments of animals the rethe

re-dispatch is in dispatch is in compliance with compliance with animal animal welfare requirements. welfare requirements.

• 2. The conditions of points 2. The conditions of points (b) and

(b) and (c) of paragraph 1 shall (c) of paragraph 1 shall not not apply to consignments of the apply to consignments of the categories of goods referred to categories of goods referred to in

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in point (c) of Article 45(1). point (c) of Article 45(1).

• 3. The Commission shall, by 3. The Commission shall, by means of implementing acts, means of implementing acts, specify the procedures for the specify the procedures for the information exchanges and information exchanges and notifications referred to in notifications referred to in paragraph 1. paragraph 1.

Those implementing acts shall Those implementing acts shall

be adopted in accordance with be adopted in accordance with

the examination procedure the examination procedure

referred to in Article 141(2). referred to in Article 141(2).

AMD 187 Not acceptable. Pre-export control conditions are dealt with

Article 70 – paragraph 3 a (new) in Section IV.

3a. Member States receiving imports which have been authorised by pre-export-controls shall regularly check if the imports actually comply with EU requirements.

S ECTION IV A PPROVAL OF THE PRE - EXPORT

CONTROLS

Article 71 Article 71

Approval of pre-export controls Approval of pre-export controls Article 71

performed by third countries performed by third countries Approval of pre-export controls performed by third countries

ANNEX DGB 2B LIMITE EN

• 1. The Commission may, by 1. The Commission may, by means means of implementing acts, of implementing acts, approve, approve specific pre-export upon request of a third controls that a third country country, specific pre-export carries out on consignments of controls that that a third animals and goods prior to country carries out on export to the Union with a view consignments of animals and to verifying that the exported goods prior to export to the consignments satisfy the Union with a view to verifying requirements of the rules that the exported consignments referred to in Article 1(2). The satisfy the requirements of the approval shall only apply to rules referred to in Article 1(2). consignments originating in the The approval shall only apply to third country concerned and may consignments originating in the be granted for one or more third country concerned and may categories of animals or goods. be granted for one or more

Those implementing acts shall categories of animals or goods. be adopted in accordance with Those implementing acts shall the examination procedure be adopted in accordance with referred to in Article 141(2). the examination procedure

referred to in Article 141(2).

• 2. The approval provided for 2. The approval provided for in in paragraph 1 shall specify: paragraph 1 shall specify:

(a) the maximum frequency (a) the maximum frequency of official controls to be of official controls to be performed by the performed by the competent competent authorities of authorities of Member States at Member States at the the entry of the consignments entry of the consignments into the Union, where there is no into the Union, where reason to suspect nonthere

is no reason to compliance with the rules suspect non-compliance referred to in Article 1(2) or

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with the rules referred to fraudulent behaviour; in Article 1(2) or fraudulent behaviour;

(b) the official certificates (b) the official certificates that must accompany that must accompany consignments entering the consignments entering the Union; Union;

(d) the competent authorities (d) the competent authorities of the third country under of the third country under the the responsibility of responsibility of which prewhich pre-export controls export controls must be must be performed; performed;

(e) where appropriate, any (e) where appropriate, any delegated body to which delegated body to which those those competent competent authorities may authorities may delegate delegate certain tasks. Such certain tasks. Such delegation may only be delegation may only be approved if it meets the criteria approved if it meets the of Articles 25 to 32 or criteria of Articles 25 to equivalent conditions.

32 or equivalent conditions.

• 3. The approval provided for 3. The approval provided for in in paragraph 1 may only be paragraph 1 may only be granted granted to a third country if the to a third country if the evidence evidence available and, where available and, where appropriate, a Commission appropriate, a Commission control performed in accordance control performed in accordance with Article 119, demonstrate with Article 119, demonstrate that the system of official that the system of official controls in that third country can controls in that third country can ensure that: ensure that:

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(a) the consignments of the (a) the consignments of the animals or goods exported animals or goods exported to the to the Union meet the Union meet the requirements of requirements of the rules the rules referred to in Article referred to in Article 1(2), 1(2), or equivalent requirements; or equivalent

requirements; (b) the controls performed in (b) the controls performed in

the third country prior to the third country prior to dispatch to the Union are dispatch to the Union are sufficiently effective to sufficiently effective to replace replace or reduce the or reduce the frequency of the frequency of the documentary, identity and documentary, identity and physical checks laid down in the physical checks laid down rules referred to in Article 1(2). in the rules referred to in Article 1(2).

• 4. The competent authorities 4. The competent authorities or a or a delegated body specified in delegated body specified in the the approval shall: approval shall:

(a) be responsible for (a) be responsible for contacts with the Union; contacts with the Union;

(b) ensure that the official (b) ensure that the official certificates referred to in certificates referred to in point point (b) of paragraph 2 (b) of paragraph 2 accompany accompany each each consignment controlled.

consignment controlled. • 5. The Commission shall by 5. The Commission shall by means

means of implementing acts of implementing acts establish establish detailed rules and detailed rules and criteria for criteria for approving pre-export approving pre-export controls controls performed by third performed by third countries in countries in accordance with accordance with paragraph 1 paragraph 1. Those and for official controls implementing acts shall be performed by the competent

ANNEX DGB 2B LIMITE EN

adopted in accordance with the authorities of the Member examination procedure referred States on animals and goods to in Article 141(2). subject to the approval referred in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 72 Article 72

Non-compliance with, and withdrawal Non-compliance with, and withdrawal Article 72

of, the approval of pre-export controls of, the approval of pre-export controls Non-compliance with, and

performed by third countries performed by third countries withdrawal of, the approval of preexport

controls performed by third countries

• 1. When official controls on 1. When official controls on consignments of categories of consignments of categories of animal and goods in respect of animal and goods in respect of

which specific pre-export which specific pre-export controls have been approved in controls have been approved in accordance with Article 71(1) accordance with Article 71(1) reveal serious and recurrent nonreveal serious and recurrent noncompliances with the rules compliances with the rules referred to in Article 1(2), referred to in Article 1(2), Member States shall Member States shall immediately: immediately: AMD 188 a) notify the Commission and the other (a) notify the Commission (a) notify the Commission Member States and operators and the other Member States and and the other Member concerned via the TRACES operators concerned via the States and operators system, including the measures integrated computerised concerned via the to be applied, in addition to system referred to in Article TRACES system in seeking administrative 130(1) the TRACES system in

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addition to seeking assistance in accordance with addition to seeking administrative assistance the procedures established in administrative assistance in in accordance with the Title IV; accordance with the procedures procedures established in established in Title IV; Title IV;

(b) increase the number of (b) increase the number of official controls on official controls on consignments from the consignments from the relevant relevant third country and, third country and, where where necessary to allow necessary to allow a proper a proper analytical analytical examination of the examination of the situation, keep detain an situation, detain a appropriate reasonable number reasonable number of of samples under appropriate samples under appropriate storage conditions.

storage conditions. • 2. The Commission may, by 2. The Commission may, by means

means of implementing acts, of implementing acts, withdraw withdraw the approval provided the approval provided for in for in Article 71(1) where, Article 71(1) where, following following the official controls the official controls referred to referred to in paragraph 1, it in paragraph 1, it has reasons to appears that the requirements believeappears that the laid down in Article 71(3) and requirements laid down in (4) are no longer being met. Article 71(3) and (4) are no

Those implementing acts shall longer being met. be adopted in accordance with Those implementing acts shall the examination procedure be adopted in accordance with referred to in Article 141 (2). the examination procedure

referred to in Article 141 (2).

S ECTION V C OOPERATION AMONGST

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AUTHORITIES IN RELATION TO

CONSIGNMENTS FROM THIRD

COUNTRIES

Article 73 Article 73

Cooperation amongst authorities in Cooperation amongst authorities in Article 73

relation to consignments entering the relation to consignments entering the Cooperation amongst authorities in

Union from third countries Union from third countries relation to consignments entering

the Union from third countries

• 1. Competent authorities, 1. Competent authorities, customs customs authorities and other authorities and other authorities authorities of the Member States of the Member States dealing shall cooperate closely to ensure with animals and goods that the official controls entering the Union shall performed on consignments of cooperate closely to ensure that animals and goods entering the the official controls performed Union are performed in on consignments of animals and accordance with the goods entering the Union are requirements of this Regulation. performed in accordance with the requirements of this Regulation.

For that purpose, competent For that purpose, competent authorities, customs authorities authorities, customs authorities and and other authorities shall: other authorities shall:

(a) guarantee reciprocal (a) guarantee reciprocal access to access to information information which is relevant which is relevant for the necessary for the organisation organisation and conduct and conduct of their respective of their respective activities in relation to animals activities in relation to and goods entering the Union;

animals and goods entering the Union;

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(b) ensure the timely (b) ensure the timely exchange of exchange of such such information, including via information, including via electronic means.

electronic means.

AMD 189 Not acceptable as already covered in Article 55

Article 73 – paragraph 1 a (new)

1a. The customs authorities shall only release those consignments of animals and goods under Article 45 in respect of which the competent authority at the border control post has carried out the official controls provided for in Article 47 and issued a decision recorded in the CHED.

• 2. The Commission shall, by 2. The Commission shall, by means of implementing acts, means of implementing acts, adopt uniform rules on the adopt uniform rules on the cooperation arrangements that cooperation arrangements that competent authorities, customs competent authorities, customs authorities and other authorities authorities and other authorities

referred to in paragraph 1 are referred to in paragraph 1 are required to put in place to required to put in place to ensure: ensure: (a) access by competent (a) access by competent authorities to the authorities to the information information necessary for necessary for the immediate and the immediate and complete identification of the complete identification of consignments of animals and the consignments of goods entering the Union that animals and goods are subject to official controls at entering the Union that a border control post in

ANNEX DGB 2B LIMITE EN

are subject to official accordance with Article 45(1); controls at a border control post in accordance with Article 45(1);

(b) the reciprocal update, (b) the reciprocal update, through exchanges of through exchanges of information or information or synchronisation synchronisation of of relevant data sets, of relevant data sets, of information gathered by information gathered by competent authorities, customs competent authorities, authorities and other authorities

customs authorities and on consignments of animals and other authorities on goods entering the Union; consignments of animals and goods entering the Union;

(c) the swift communication (c) the swift communication of decisions taken by such of decisions taken by such authorities on the basis of authorities on the basis of the the information referred to information referred to in points in points (a) and (b). (a) and (b).

Those implementing acts shall Those implementing acts shall be

be adopted in accordance with adopted in accordance with the

the examination procedure examination procedure referred to in

referred to in Article 141(2). Article 141(2).

Article 74 Article 74 Article 74 Cooperation amongst authorities in Cooperation amongst authorities in Cooperation amongst authorities in relation to consignments not subject to relation to consignments not subject to relation to consignments not subject to

specific controls at borders specific controls at borders specific controls at borders • 1. In the case of 1. In the case of consignments of

consignments of animals and animals and goods other than goods other than those subject to those subject to controls at entry controls at entry into the Union into the Union as required by

ANNEX DGB 2B LIMITE EN

as required by Article 45(1) and Article 45(1) and for which a for which a customs declaration customs declaration for release for release for free circulation for free circulation has been has been made in accordance made in accordance with with Articles 4(17) and 59 to 83 Articles 4(17) and 59 to 83 of of Regulation (EC) No 2913/92 i, Regulation (EC) No 2913/92 i, paragraphs 2, 3, and 4 shall paragraphs 2, 3, and 4 shall apply. apply.

• 2. Customs authorities shall 2. Customs authorities shall suspend release for free suspend release for free circulation when they have circulation when they have

reason to believe that the reason to believe that the consignment may present a risk consignment may present a risk to human, animal or plant to human, animal or plant health, health, animal welfare or, as animal welfare or, as regards regards GMOs and plant GMOs and plant protection protection products, to the products, to the environment and environment and immediately immediately notify the notify the competent authorities competent authorities of such of such suspension. suspension.

• 3. A consignment whose 3. A consignment whose release release for free circulation has for free circulation has been been suspended pursuant to suspended pursuant to paragraph paragraph 2 shall be released if, 2 shall be released if, within within three working days of the three working days of the suspension of release, the suspension of release, the competent authorities have not competent authorities have not requested customs authorities to requested customs authorities to continue the suspension or have continue the suspension or have informed customs authorities informed customs authorities that no risk is present. that no risk is present.

ANNEX DGB 2B LIMITE EN

• 4. Where the competent 4. Where the competent authorities authorities consider that a risk to consider that a risk to human, human, animal or plant health, animal or plant health, animal animal welfare or, as regards welfare or, as regards GMOs GMOs and plant protection and plant protection products, products, to the environment, is also to the environment, is present: present;

(a) they shall instruct the (a) they shall request instruct customs authorities not to the customs authorities not to release the consignment release the consignment for free for free circulation and to circulation and to include the include the following following statement on the statement on the commercial invoice commercial invoice accompanying the consignment accompanying the and on any other relevant consignment and on any accompanying document or the other relevant relevant electronic accompanying document: equivalents:

'Product presents a risk — 'Product presents a risk — release for free circulation release for free circulation not not authorised — authorised — Regulation (EU) Regulation (EU) No No XXX/XXXX [Office of XXX/XXXX [Office of Publications, please insert Publications, please insert number of this Regulation]'; number of this Regulation]';

(b) no other customs (b) no other customs procedure shall be procedure shall be permitted

permitted without the without the consent of the

ANNEX DGB 2B LIMITE EN

consent of the competent competent authorities; authorities;

(c) Articles 64(1), (3), (4) and (c) Articles 64(1), (3), (4) and (5), 65, 66, 67, 69(1) and (5), 65, 66, 67, 69(1) and (2) and (2) and 70(1) and (2) shall 70(1) and (2) shall apply.

apply. • 5. In the case of 5. In the case of consignments of

consignments of animals and animals and goods other than goods other than those subject to those subject to controls at entry controls at entry into the Union into the Union as required by as required by Article 45(1) and Article 45(1) and for which no for which no customs customs declaration for release declaration for release for free for free circulation has been circulation has been made, made, customs authorities, customs authorities, where they where they have reason to have reason to believe that the believe that the consignment consignment may present a risk may present a risk to human, to human, animal or plant animal or plant health, animal health, animal welfare or, as welfare or, as regards GMOs regards GMOs and plant and plant protection products, to protection products, to the the environment, shall transmit environment, shall transmit all all relevant information to the relevant information to the customs authorities in the customs authorities in the Member States of final Member States of final destination. destination.

S ECTION VI S PECIFIC MEASURES

Article 75 Article 75 Article 75 Rules for specific official controls and Rules for specific official controls and Rules for specific official controls and for measures to be taken following the for measures to be taken following the for measures to be taken following the

performance of such controls performance of such controls performance of such controls

• 1. The Commission shall be 1. The Commission shall be empowered to adopt delegated empowered to adopt delegated

ANNEX DGB 2B LIMITE EN

acts in accordance with Article acts in accordance with Article 139 concerning rules for the 139 concerning rules for the performance of specific official performance of specific official controls and for the adoption of controls and on for the adoption measures in cases of nonof measures in cases of noncompliance, to account for the compliance, to account for the specificities of the following specificities of the following categories of animals and goods categories of animals and goods or their transport modalities and or their transport modalities and means: means: (a) consignments of fresh (a) consignments of fresh fishery products directly fishery products directly landed landed in ports designated in ports designated by Member by Member States in States in accordance with Article accordance with Article 5(1) of Council Regulation (EC) 5(1) of Council No 1005/2008 of 29 September Regulation (EC) 2008 establishing a Community No 1005/2008 of 29 system to prevent, deter and September 2008 eliminate illegal, unreported and establishing a Community unregulated fishing, amending system to prevent, deter Regulations (EEC) 2847/93 i, and eliminate illegal, (EC) No 1936/2001 and (EC) unreported and No 601/2004 and repealing unregulated fishing, Regulations (EC) No 1093/94 i

amending Regulations and (EC) No 1447/1999 3 from a

(EEC) 2847/93, (EC) No fishing vessel flying a third 1936/2001 and (EC) No country flag; 601/2004 and repealing Regulations (EC) No 1093/94 i and (EC) No

1447/1999 2 from a fishing

vessel flying a third

2 OJ L 286, 29.10.2008, p. 1.

3 OJ L 286, 29.10.2008, p. 1.

ANNEX DGB 2B LIMITE EN

country flag; (b) consignments of (b) consignments of

unskinned, furred wild unskinned, furred wild game; game;

referred to in point (b) of point (b) of Article 45(1) which Article 45(1) which are are delivered, with or without delivered, with or without storage in a specially approved storage in a specially free or customs warehouses or approved free or customs in free zones, to vessels leaving warehouse, to vessels the Union and intended for ship leaving the Union and supply or consumption by the intended for ship supply crew and passengers; or consumption by the crew and passengers;

(d) wood packaging

material; AMD 190 (d) wood packaging material; Not acceptable

deleted

(e) feed and food (e) feed and food accompanying animals accompanying animals and and intended for the intended for the feeding of those feeding of those animals; animals;

(f) animals and goods (f) animals and goods ordered by distance ordered by distance selling and

selling and delivered from delivered from a third country to a third country to an an address in the Union, and the address in the Union, and notification requirements the notification necessary to allow the proper requirements necessary to performance of official controls; allow the proper performance of official controls;

ANNEX DGB 2B LIMITE EN

(g) plant products which, on (g) plant products which, on account of their account of their subsequent subsequent destination, destination, may give rise to the may give rise to the risk risk of spreading infectious or of spreading infectious or contagious animal diseases;

contagious animal diseases;

(h) consignments of the (h) consignments of the categories of animals and categories of animals and goods

goods referred to in points referred to in points (a), (b) and (a), (b) and (c) of Article (c) of Article 45(1) originating 45(1) originating from, from, and returning to, the and returning to, the Union following a refusal of Union following a refusal entry by a third country; of entry by a third country;

(i) goods entering the Union (i) goods entering the Union in bulk from a third in bulk from a third country, country, irrespective of irrespective of whether they all whether they all originate originate from that third country; from that third country;

(j) consignments of goods (j) consignments of goods referred to in Article 45(1) referred to in Article 45(1) coming from the territory coming from the territory of of Croatia and transiting Croatia and transiting through through the territory of the territory of Bosnia and Bosnia and Herzegovina Herzegovina at Neum (‘Neum at Neum (‘Neum corridor’) before re-entering the corridor’) before reterritory of Croatia via the points

entering the territory of of entry at Klek or Zaton Doli; Croatia via the points of entry at Klek or Zaton Doli;

(k) animals and goods (k) animals and goods exempted from the exempted from the provisions of

ANNEX DGB 2B LIMITE EN

provisions of Article 45 in Article 45 in accordance with accordance with Article Article 46. 46.

• 2. The Commission shall be 2. The Commission shall be empowered to adopt delegated empowered to adopt delegated

acts in accordance with Article acts in accordance with Article 139 concerning the conditions 139 concerning the conditions for monitoring the transport and for monitoring the transport and arrival of consignments of arrival of consignments of certain animals and goods, from certain animals and goods, from the border control post of arrival the border control post of arrival to the establishment at the place to the establishment at the place of destination in the Union or of destination in the Union, to or the border control post of exit. the border control post at the

place of destination or to the border control post of exit.

• 3. The Commission may, by 3. The Commission may, by means means of implementing acts, lay of implementing acts, lay down down rules concerning: rules concerning:

(a) model official certificates (a) model official certificates and rules for the issuance and rules for the issuance of of such certificates; such certificates;

(b) the format of documents (b) the format of documents that must accompany the that must accompany the categories of animals or categories of animals or goods goods referred to in referred to in paragraph 1.

paragraph 1.

Those implementing acts Those implementing acts shall be shall be adopted in adopted in accordance with the accordance with the examination procedure referred to examination procedure in Article 141(2). referred to in Article 141(2).

Chapter VI Chapter VI Chapter VI Financing of official controls and Financing of official controls and Financing of official controls and

ANNEX DGB 2B LIMITE EN

other official activities other official activities other official activities Article 76 Article 76 Article 76

General rules General rules General rules

1.

Member States shall ensure that AMD 191 1. Member States shall Not acceptable. Only the term adequate financial resources are 1. Member States shall ensure that ensure that adequate 'financial resources shall be used
available to provide the staff and adequate financial resources are financial resources are

other resources necessary for the available to provide the staff and available to provide the

competent authorities to perform other resources necessary for the staff and other resources official controls and other competent authorities to perform necessary for the official activities. official controls and other competent authorities to official activities. With that aim perform official controls

in view they shall collect fees or

contributions to the costs or and other official make resources available from activities.

general tax revenue. 2. In addition to the fees collected

in accordance with Article 77, 2. In addition to the fees NB : Provisions of Article 76(2) Member States may collect fees collected in accordance with have been moved to new Article to cover costs occasioned by Article 77, Member States 77bis official controls other than may collect fees to cover those referred to in Article costs occasioned by official

77(1) and (2). controls other than those referred to in Article 77(1)

and (2).

3.

This Chapter also applies in the 3. This Chapter also applies in the case
case of delegation of specific of delegation of specific official 3. This Chapter also applies official control tasks in control tasks in accordance with in the case of delegation of

accordance with Article 25. Article 25. […] certain official

control tasks and other official activities in accordance with Article 25 and Article 30.

ANNEX DGB 2B LIMITE EN

4.

Member States shall consult the 4. Member States shall consult the 4. Member States shall consult the
operators concerned on the operators concerned on the Not acceptable. Only the term operators concerned on the methods used to calculate the methods used to calculate the methods used to calculate the 'fees' is used

fees provided for in Article 77. fees or contributions to the fees provided for in Article 77. costs.

NB: Provisions of Article 76(4) have been moved to Article 81.3 on 'Transparency'.

Article 77 Article 77 Article 77

Mandatory fees AMD 192, 343, 314 and 316 Mandatory fees Not acceptable Only the term 'fees' is used

Mandatory fees or contributions to the costs

1.
For the purpose of ensuring that 1. For the purpose of ensuring that
competent authorities are 1. competent authorities are The competent authorities Not acceptable; mandatory fees

provided with adequate provided with adequate shall collect fees for official should be under a 'shall' resources for the performance of resources for the performance of controls performed on provision.

official controls, the competent official controls, the competent animals and goods referred

authorities shall collect fees to authorities may collect fees or to in points (a) to (c) of recover the costs they incur in contribution to the costs to paragraph 1 of Article 45, relation to: recover, some or all of the costs and referred to in Article 15

they incur in relation to: (2), at least at the amounts

provided for in Annex V.
- 2.
  
  The fees referred to in paragraph (1) shall may be
  complemented, where the actual cost of the official controls performed is

ANNEX DGB 2B LIMITE EN

higher, up to an amount corresponding to that actual cost.

3.

The competent authorities shall collect fees to recover the full costs they incur in relation to:

(aa) official controls performed on animals and goods referred to in points (d) to (f) of paragraph 1 of Article 45;

(a) official controls performed at the request of the operator, to obtain:

(i) the approval provided for in Article 6 of Regulation (EC) No 852/2004 or in Articles 9 and 10 of Regulation (EC) No 183/2005;or

(ii) the authorisation referred to in Articles 84, 92 and 93 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on

ANNEX DGB 2B LIMITE EN

protective measures against pests of plants];

(b) official controls which were not originally planned, and;

(i) which have become necessary following the detection of a noncompliance by the same operator, during an official control performed in accordance with this Regulation; and,

(ii) which are performed to assess the extent and the impact of the noncompliance or to verify that the non-compliance has been remedied.

(a) official controls performed to (a) official controls performed to verify deleted verify that the following that the following operators

operators comply with the comply with the rules referred to rules referred to in Article in Article 1(2): 1(2): (i) food business (i) food business operators as defined deleted operators as defined in Article 3(3) of Regulation in Article 3(3) of (EC) No 178/2002 that are either Regulation (EC) registered or approved, or No 178/2002 that registered and approved, in are either registered accordance with Article 6 of

ANNEX DGB 2B LIMITE EN

or approved, or Regulation (EC) No 852/2004 i; registered and approved, in accordance with Article 6 of Regulation (EC) No 852/2004 i;

(ii) feed business (ii) feed business operators as defined deleted operators as defined in Article 3(6) of Regulation

in Article 3(6) of (EC) No 178/2002 registered or Regulation (EC) approved in accordance with No 178/2002 Articles 9 and 10 of Regulation registered or (EC) No 183/2005 of the approved in European Parliament and of the accordance with Council laying down Articles 9 and 10 of requirements for feed hygiene 52 ; Regulation (EC) No 183/2005 i of the European Parliament and of the Council laying down requirements

for feed hygiene 4 ;

(iii) professional (iii) professional operators as defined deleted operators as defined in point (7) of Article 2 of

in point (7) of Regulation (EU) No Article 2 of XXX/XXXX [Office of Regulation (EU) Publications, please insert No XXX/XXXX number of the Regulation on [Office of protective measures against Publications, pests of plants]; please insert number of the

4 OJ L 35, 8.2.2005, p. 1.

ANNEX DGB 2B LIMITE EN

Regulation on protective measures against pests of plants];

(iv) professional deleted deleted

operators as Acceptable; PRM out of scope of

defined in point (6) this Regulation

of Article 3 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on the production and making available on the market of plant reproductive material];

(b) the official controls (b) the official controls performed in deleted performed in view of the view of the issuance of official

issuance of official certificates or to supervise the certificates or to supervise issuance of official attestations; the issuance of official attestations;

(c) official controls performed to (c) official controls performed to verify deleted verify that the conditions that the conditions are met:

are met: (i) to obtain and (i) to obtain and maintain the approval deleted

maintain the provided for in Article 6 of NB: moved to paragraph 3 (a) (i)

approval provided Regulation (EC) No 852/2004 i or for in Article 6 of in Articles 9 and 10 of Regulation (EC) No Regulation (EC) No 183/2005 i; 852/2004 or in

ANNEX DGB 2B LIMITE EN

Articles 9 and 10 of Regulation (EC) No 183/2005 i;

(ii) to obtain and (ii) to obtain and maintain the deleted

maintain the authorisation referred to in NB: moved to paragraph 3 (a) (ii)

authorisation Articles 84, 92 and 93 of referred to in Regulation (EU) No Articles 84, 92 and XXX/XXXX [Office of 93 of Regulation Publications, please insert (EU) No number of the Regulation on XXX/XXXX protective measures against [ Office of pests of plants]; Publications, please insert number of the Regulation on protective measures against pests of plants];

(iii) to obtain and

deleted deleted

maintain the Acceptable; PRM out of scope of

authorisation this Regulation

referred to in Article 25 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on the production and making available on the market of plant reproductive

ANNEX DGB 2B LIMITE EN

material]; (d) official controls performed (d) official controls performed by the

by the competent competent authorities at the authorities at the border border control posts or at the control posts or at the control points referred to in control points referred to point (a) of Article 51(1). in point (a) of Article 51(1).

2.

For the purposes of paragraph 1, 2. For the purposes of paragraph 1, the
the official controls referred to official controls referred to in Acceptable; PRM out of scope of

in point (a) of that paragraph point (a) of that paragraph shall this Regulation

shall include official controls include official controls performed to verify compliance performed to verify compliance with measures adopted by the with measures adopted by the Commission in accordance with Commission in accordance with Article 137 of this Regulation, Article 137 of this Regulation, Article 53 of Regulation (EC) Article 53 of Regulation (EC) No 178/2002 i, Articles 27(1), No 178/2002 i, Articles 27(1), 29(1), 40(2), 41(2), 47(1), 49(2) 29(1), 40(2), 41(2), 47(1), 49(2) and 50(2) of Regulation (EU) and 50(2) of Regulation (EU) No XXX/XXXX [Office of No XXX/XXXX [Office of Publications, please insert Publications, please insert number of the Regulation on number of the Regulation on protective measures against protective measures against pests of plants], Articles 41 and pests of plants], and Part VI of 144 of Regulation (EU) Regulation (EU) No No XXX/XXXX [Office of XXX/XXXX [Office of Publications, please insert Publications, please insert number of the Regulation on number of the Regulation on the production and making animal health], unless the available on the market of plant decision establishing the reproductive material] and Part measures requires otherwise. VI of Regulation (EU) No XXX/XXXX [Office of

ANNEX DGB 2B LIMITE EN

Publications, please insert number of the Regulation on animal health], unless the decision establishing the measures requires otherwise.

3.
For the purposes of paragraph 1: 3. For the purposes of paragraph 1: 3. For the purposes of paragraph 1:
- 4.
  
  The competent authorities shall not collect fees for official

(a) the official controls referred (a) the official controls referred to in controls performed to verify

to in point (a) of that point (a) of that paragraph shall that the following operators

paragraph shall not include not include official controls comply with the rules referred

official controls performed to performed to verify compliance to in Article 1(2) when such the

verify compliance with with temporary restrictions, official controls referred to in

temporary restrictions, requirements or other disease point (a) of that paragraph

requirements or other disease control measures adopted by the official controls are performed

control measures adopted by competent authorities in to verify compliance with

the competent authorities in accordance with Articles 55(1), temporary restrictions,

accordance with Articles 56, 61, 62, 64, 65, 68(1) and 69, requirements or other disease

55(1), 56, 61, 62, 64, 65, and rules adopted pursuant to control measures adopted by the

68(1) and 69, and rules Articles 55(2), 63, 67 and 68(2) competent authorities in

adopted pursuant to Articles of Regulation (EU) No accordance with Articles 55(1),

55(2), 63, 67 and 68(2) of XXX/XXXX [Office of 56, 61, 62, 64, 65, 68(1) and 69,

Regulation (EU) No Publications, please insert and rules adopted pursuant to

XXX/XXXX [Office of number of the Regulation on Articles 55(2), 63, 67 and 68(2)

Publications, please insert animal health] and Article 16 of of Regulation (EU) No

number of the Regulation on Regulation (EU) No XXX/XXXX [Office of

animal health] and Article 16 XXX/XXXX [Office of Publications, please insert

of Regulation (EU) Publications, please insert number of the Regulation on

No XXX/XXXX [Office of number of the Regulation on animal health] and Article 16 of

Publications, please insert protective measures against Regulation (EU) No

number of the Regulation on pests of plants]; XXX/XXXX [Office of

protective measures against Publications, please insert

pests of plants]; number of the Regulation on protective measures against

ANNEX DGB 2B LIMITE EN

pests of plants];

aa) the official controls referred to in

point (a) of that paragraph Not acceptable; covered by new

shall not include controls Article 77 bis

performed at the level of primary production as defined in Article 3(17) of Regulation (EC) No 178/2002, including on farm processing. This includes controls to verify compliance with statutory management requirements in the area of public health, animal health, plant health, and animal welfare in accordance with Article 93 of Regulation (EU) No 1306/2013 i.

(b) the official controls (b) the official controls referred to in (b) the official controls referred to in referred to in point (a) and point (a) and (b) of that point (a) and (b) of that (b) of that paragraph shall paragraph shall not include paragraph shall not include not include official official controls performed to official controls performed to controls performed to verify compliance with the rules verify compliance with the rules verify compliance with referred to in Article 1(2)(j) and referred to in Article 1(2)(j) and the rules referred to in (k). (k).

Article 1(2)(j) and (k).

Article 77 bis

Other fees than those referred to in Article 77

Member States may collect fees to cover the costs of official

ANNEX DGB 2B LIMITE EN

controls and other official activities other than those fees referred to in Article 77, unless probihited by the legislative provisions applicable in the areas governed by the rules referred to in Article 1(2).

Article 78 Article 78 Article 78

Costs AMD 193 Costs

Costs

1.

The competent authorities 1. The competent authorities shall be

shall collect fees in accordance entitled, when calculating the 1. The competent authorities shall Principle partially acceptable as with Article 77 to recover the fees or contributions to the cost collect fees in accordance with Article reworded. following costs: in accordance with Article 77, to 77 to recover the following costs:

take the following criteria into account:

The fees to be collected in accordance with Article 77(2) and (3) shall be determined on the basis of the following costs, insofar as these result from the official controls concerned:

(a) the salaries of the staff, (a) the salaries of the staff, including

including support staff, support staff, insofar as they (a) the salaries of the staff, Not acceptable involved in the correspond to the actual costs including support and

performance of official of official controls in administrative staff, involved in the performance

controls, their social accordance with point(b) of of official controls, their security, pension and article 79(1), excluding their social security, pension and insurance costs; social security, pension and insurance costs;

insurance costs;

ANNEX DGB 2B LIMITE EN

(b) the cost of facilities and delete

equipment, including (b) the cost of facilities and Not acceptable maintenance and equipment, including

insurance costs; maintenance and insurance costs and others associated

costs;

services and tools; and tools; (c) the cost of consumables, and Acceptable as reworded of tools;

(ca) the costs of services charged to the competent authorities by delegated bodies for official control delegated to them;

(d) the cost of training of delete

staff referred to in point (d) the cost of training of staff Not acceptable (a), with the exclusion of referred to in point (a), with the the training necessary to exclusion of the training

obtain the qualification necessary to obtain the qualification necessary to be

necessary to be employed employed by the competent by the competent authorities;

authorities;

(e) the cost of travel of the (e) the cost of travel of the staff for the

staff referred to in point performance of the official (e) the cost of travel of the staff Not acceptable (a), and associated controls referred to in point (a), referred to in point (a), and subsistence costs; and associated subsistence costs, associated subsistence costs;

calculated in accordance with Article 79 (2);

(f) the cost of sampling and (f) the cost of sampling and of

of laboratory analysis, laboratory analysis, testing and (f) the cost of sampling and of

testing and diagnosis. diagnosis. laboratory analysis, testing and diagnosis charged by

official laboratories for

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those tasks.

2.

If the competent authorities 2. If the competent authorities
collecting fees in accordance collecting mandatory fees or 2. If the competent authorities Not acceptable with Article 77 also perform contributions to the costs in collecting fees in accordance other activities, only the fraction accordance with Article 77 also with Article 77 also perform

of the cost elements referred to perform other activities, only the other activities, only the fraction of the cost elements

in paragraph 1 of this Article fraction of the cost elements referred to in paragraph 1 of which results from the official referred to in paragraph 1 of this this Article which results controls referred to in Article Article which results from the from the official controls 77(1) shall be considered for the official controls referred to in referred to in Article 77(1) calculation of the fees. Article 77(1) shall be considered shall be considered for the for the calculation of the calculation of the fees. mandatory fees or contribution to the costs.

Article 79 Article 79 Article 79

Calculation of fees AMD 194 Calculation of fees

Calculation of mandatory fees or contributions to the costs

1.

Fees collected in accordance 1. The fees or contribution to the costs
with Article 77 shall be: collected in accordance with 1. Fees collected in accordance Not acceptable

Article 77 shall be: with Article 77 shall be:

Fees collected in accordance with Article 77(2) and (3) shall be established according to one of the following methods of calculation or a combination of them:

ANNEX DGB 2B LIMITE EN

(a) established at a flat-rate

on the basis of the overall Delete (a) established at a flat-rate on the Not acceptable costs of official controls basis of the overall costs of

borne by the competent official controls borne by the competent authorities over a

authorities over a given given period of time, and period of time, and applied to all operators applied to all operators irrespective of whether any irrespective of whether official control is performed any official control is during the reference period in performed during the relation to each operator reference period in charged; in establishing the relation to each operator level of the fees to be charged charged; in establishing on each sector, activity and the level of the fees to be category of operators, the charged on each sector, competent authorities shall take activity and category of into consideration the impact operators, the competent that the type and the size of the authorities shall take into activity concerned and the consideration the impact relevant risk factors have on that the type and the size the distribution of the overall of the activity concerned costs of those official controls; and the relevant risk or,

factors have on the distribution of the overall costs of those official controls; or,

(b) calculated on the basis of (b) calculated on the basis of the actual

the actual costs of each costs of each individual official (b) calculated on the basis of the individual official control, control, and applied to the actual costs of each individual

and applied to the operators subject to such official official control, and applied to the operators subject to such

operators subject to such control; such fee shall not official control; such fee shall official control; such fee exceed the actual costs of the not exceed the actual costs of shall not exceed the actual official control performed and the official control performed costs of the official may be partly or entirely and may be partly or entirely control performed and expressed as a function of the expressed as a function of the

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may be partly or entirely time employed by the staff of time employed by the staff of expressed as a function of the competent authorities to the competent authorities to the time employed by the perform the official controls. perform the official controls..

staff of the competent authorities to perform the official controls.

2.

Travel costs as referred to in 2. Travel costs as referred to in point 2. Travel costs as referred to in point (e) of Article 78(1) shall (e) of Article 78(1) shall be point (e) of Article 78(1) shall be considered for the calculation considered for the calculation of be considered for the calculation of the fees referred to in Article the fees or contributions to the of the fees referred to in Article 77(1) in a manner that does not costs referred to in Article 77(1) 77(1) in a manner that does not discriminate between operators in a manner that does not discriminate between operators on the basis of the distance of discriminate between operators on the basis of the distance of their premises from the location on the basis of the distance of their premises from the location of the competent authorities. their premises from the location of the competent authorities.
of the competent authorities. 3. Where fees are calculated in 3. Where the fees or contributions to

accordance with point (a) of the costs are calculated in 3. Where fees are calculated in paragraph 1, the fees collected accordance with point (a) of accordance with point (a) of by competent authorities in paragraph 1, the fees or paragraph 1, the fees

accordance with Article 77 shall contribution to the costs collected by competent authorities in accordance

not exceed the overall costs collected by competent with Article 77 shall not incurred for the official controls authorities in accordance with exceed the overall costs performed over the period of Article 77 shall not exceed the incurred for the official time referred to in point (a) of overall costs incurred for the controls performed over the paragraph 1. official controls performed over period of time referred to in the period of time referred to in point (a) of paragraph 1. point (a) of paragraph 1.

3a.Where fees are calculated in accordance with point (b) of paragraph 1, they shall not exceed

the actual cost of the official

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control performed.

Article 80 Article 80 Article 80

AMD 195 Not acceptable

Collection and application of fees

Reduction of fees or contributions

Reduction of fees for consistently to the costs for consistently Reduction of fees for consistently

compliant operators compliant operators compliant operators

Where fees are established in Where fees or contributions to the Where fees are established in Not acceptable. accordance with point (a) of Article costs are established in accordance accordance with point (a) of 79(1), the rate of the fee to be with Article 79(1), the rate of the Article 79(1), the rate of the fee applied to each operator shall be fee to be applied to each operator to be applied to each operator determined taking into account the shall be determined taking into shall be determined taking into operators' record of compliance account the operators' record of account the operators' record of with the rules referred to in Article compliance with the rules referred compliance with the rules 1(2) as ascertained through official to in Article 1(2) as ascertained referred to in Article 1(2) as controls, so that fees applied to through official controls, so that ascertained through official consistently compliant operators are fees or contribution to the costs controls, so that fees applied to

lower than those applied to other applied to consistently compliant consistently compliant operators. operators are lower than those operators are lower than those

applied to other operators. applied to other operators.

1.

An operator shall not be charged with a fee for an official control and for other official activities performed on the basis of a complaint if the control does not lead to the confirmation of noncompliance.

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2.

Fees collected in accordance with Article 77 and Article 77 bis shall not directly or indirectly be refunded, unless unduly collected.

3.

Member States may decide that fees shall be collected by other authorities than the competent authorities or by delegated bodies.

4.Member States may reduce the amount of fees referred to in Chapter II of Annex V, to take account of;

(a) the interest of operators

with a low throughput; or;

(b) traditional methods used

for the production,

processing and distribution;

or;

(c) the needs of operators

located in regions subject to

particular geographical

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constraints;or;

(d) the operator's record of

compliance with the rules

referred to in Article 1(2) as

ascertained through official

controls.

Article 81 Article 81 Article 81

Application of fees AMD 196 Application of fees Not acceptable

Application of fees or contributions to the costs

1.

Operators shall receive proof of 1. Operators shall receive proof of the
the payment of fees provided for payment of fees or 4 1. The competent authorities shall Not acceptable in Article 77(1). contributions to the costs ensure that the operators, upon

provided for in Article 77(1). request, receive proof of payment of fees in case where the

operator does not otherwise have access to such proof.

2.

Fees collected in accordance 2. Fees or contributions to the costs
with point (d) of Article 77(1) collected in accordance with 2. Fees collected in accordance Not acceptable shall be paid by the operator point (d) of Article 77(1) shall with point (d) of Article responsible for the consignment be paid by the operator 77(1) shall be paid by the or its representative. responsible for the consignment operator responsible for the

or its representative. consignment or its representative.

Article 82 Article 82 Article 82

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Fees refunds and exemption for

microenterprises AMD 197, 315 and 348 Fees refunds and exemption for microenterprises

Fees refunds and exemption for microenterprises

• 1. Fees provided for in Delete ( Article 82)

Article 77 shall not directly or indirectly be refunded, unless unduly collected.

• 2. Enterprises employing

fewer than 10 persons and Member States can exempt small Not acceptable and medium enterprises that fulfil

whose annual turnover or

annual balance sheet total does certain objective and nonnot exceed EUR 2 million shall discriminatory criteria from the

be exempted from the payment payment of fees or cost

of the fees provided for in contributions provided for in Article 77. Article 77.

• 3. The costs referred to in

Articles 77, 78 and 79 shall not include those incurred for the performance of official controls on the enterprises referred to in paragraph 2. Article 83 Article 83 Article 813

Transparency AMD 198 Transparency

Transparency

1.

The competent authorities shall 1. The competent authorities shall 1. The competent authorities shall ensure the highest level of ensure the highest level of ensure the highest level of transparency of: transparency of: transparency of
Member States shall ensure a high level of transparency on:

ANNEX DGB 2B LIMITE EN

(a) the method and data used (a) the method and data used to

to establish the fees establish the fees or (a) for the fees provided for in Not acceptable provided for in Article contributions to the costs Articles 77(2), 77 (3) and

77(1); provided for in Article 77(1); 77 bis;

(i) the method and data used to establish these fees […];

(ii) the amount of the fees, applied to each category of operators and for each category of official controls or other official activities.

(b) the use of resources (b) the use of resources collected

collected through such through such fees or (b) the use of resources collected Not acceptable fees; contributions to the costs, through such fees;

including the number of controls performed;

to ensure an efficient and an efficient and thrifty use of the an efficient and thrifty use of the Not acceptable

thrifty use of the resources resources collected through such resources collected through such collected through such fees or contributions to the fees. fees. costs.

(b) the identity of the authorities or bodies responsible for the collection of the fees.

(c) the method and data used to reduce the amounts of the fees set out in Chapter II of Annex V.

ANNEX DGB 2B LIMITE EN

2.

Each competent authority shall 2. Each competent authority shall 2. Each competent authority shall make available to the public the make available to the public the make available on the Internet following information for each following information for each to the public the following reference period: reference period: information referred to in paragraph 1 for each reference period, the costs to the competent authority for which a fee is due in accordance with paragraphs (2) and (3) of Articles 77and 77bis.
(a) the costs to the competent (a) the costs to the competent authority (b) the costs to the competent authority for which a fee for which a fee is due in authority for which a fee is due in accordance with accordance with Article 77(1), is due in accordance with Article 77(1), indicating indicating the breakdown of Article 77(1), indicating the breakdown of such such costs per activity referred the breakdown of such costs per activity referred to in Article 77(1) and per cost costs per activity referred to in Article 77(1) and per element referred to in Article to in Article 77(1) and per cost element referred to in 78(1); cost element referred to in Article 78(1); Article 78(1);

(c) the amount of the fees (b) the amount of the fees or (d) the amount of the fees

provided for in Article contributions to the costs provided for in Article Not acceptable

77(1) applied to each provided for in Article 77(1) 77(1) applied to each category of operators, and applied to each category of category of operators, and for each category of operators, and for each category for each category of official controls; of official controls; official controls;

(e) the method used to (c) the method used to establish the (f) the method used to

establish the fees provided fees or contributions to the establish the fees provided Not acceptable

for in Article 77(1), costs provided for in Article for in Article 77(1), including the data and 77(1), including the data and including the data and estimates used for the estimates used for the estimates used for the establishment of the flat establishment of the flat rate fees establishment of the flat rate fees referred to in or contribution to the costs rate fees referred to in point (a) of Article 79(1); referred to in point (a) of Article point (a) of Article 79(1);

ANNEX DGB 2B LIMITE EN

79(1); (g) where point (a) of Article (d) where point (a) of Article 79(1) (h) where point (a) of Article

79(1) applies, the method applies, the method used to 79(1) applies, the method Not acceptable

used to adjust the level of adjust the level of the fees or used to adjust the level of the fees in accordance contributions to the costs in the fees in accordance with Article 80; accordance with Article 80; with Article 80;

(i) the overall amount of fees (e) the overall amount of fees or (j) the overall amount of fees

corresponding to the contributions to the costs Not acceptable corresponding to the

exemption referred to in corresponding to the exemption exemption referred to in Article 82(2). referred to in Article 82(2). Article 82(2).

3.

Member States shall consult relevant stakeholders on the general methods used to calculate the fees provided for in Articles 77(2), 77(3) and 77 bis.

Article 84 Article 84 Article 84

Expenses arising from additional Expenses arising from additional

official controls and from AMD 199 official controls and from

enforcement measures Expenses arising from additional enforcement measures

official controls and from enforcement measures

Competent authorities shall charge Competent authorities shall charge fees Not acceptable

fees to cover the additional costs or contributions to the costs to cover

Deleted (Article 84)

they have incurred as a result of: the additional costs they have incurred as a result of:

(a) additional official controls: (a) additional official controls:

(i) which have become (i) which have become necessary necessary following the following the detection of a nondetection of a noncompliance during an official

ANNEX DGB 2B LIMITE EN

compliance during an control performed in accordance official control performed with this Regulation; in accordance with this Regulation;

(ii) performed to assess the (ii) performed to assess the extent and extent and the impact of the impact of the nonthe non-compliance or to compliance or to verify that the verify that the nonnon-compliance has been compliance has been remedied;

remedied; (b) official controls performed at the (b) official controls performed at the

request of the operator; request of the operator; (c) corrective action taken by the (c) corrective action taken by the

competent authorities, or by a competent authorities, or by a third party upon request by the third party upon request by the competent authorities, where an competent authorities, where an operator has failed to carry out operator has failed to carry out corrective action ordered by the corrective action ordered by the competent authorities in competent authorities in accordance with Article 135 to accordance with Article 135 to remedy the non-compliance; remedy the non-compliance;

(d) official controls performed and (d) official controls performed and action taken by the competent action taken by the competent authorities in accordance with authorities in accordance with Articles 64 to 67, 69 and 70, and Articles 64 to 67, 69 and 70, and corrective action taken by a third corrective action taken by a third party upon request by the party upon request by the competent authorities, in cases competent authorities, in cases where the operator has failed to where the operator has failed to carry out corrective action carry out corrective action ordered by the competent ordered by the competent authorities in accordance with authorities in accordance with Articles 64(3) and (5), 65 and Articles 64(3) and (5), 65 and 67. 67.

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(e)

Chapter VII Chapter VII Chapter VII Official certification Official certification Official certification

Article 85 Article 85 Article 85 General requirements concerning General requirements concerning General requirements concerning

official certification official certification official certification • 1. In accordance with rules

referred to in Article 1(2), 1. In accordance with rules

official certification shall take referred to in Article 1(2),

the form of: oOfficial certification shall result in take the issuance

form of:

(a) official certificates; or, (a) official certificates; or,

(b) official attestations. (b) official attestations in the

cases provided for in the rules referred to Article 1(2).

AMD 200 Not acceptable, as already covered in Article 85 1 (b) and

Article 85 – paragraph 1 – point Recital (20)

b a (new)

(ba) official health attestations. • 2. Where the competent

authorities delegate specific 2. Where the competent authorities

tasks related to the issuance of delegate specific certain tasks official certificates or official related to the issuance of official attestations, or to the official certificates or official supervision referred to in Article attestations, or to the official 90(1) such delegation shall supervision referred to in Article

comply with the provisions of 90(1) such delegation shall comply with the provisions of

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Articles 25 to 32. Articles 25 to 32.

Article 86 Article 86 Article 86 Official certificates Official certificates Official certificates

• 1. When the rules referred to

in Article 1(2) require the 1. When the rules referred to in issuance of an official Article 1(2) require the issuance certificate, the provisions of of an official certificate, the Articles 87, 88 and 89 shall provisions of Articles 87, 88 and apply. 89 shall apply.

• 2. Articles 87, 88 and 89

shall also apply to official 2. Articles 87, 88 and 89 shall

certificates which are necessary also apply to official for the purposes of exporting certificates which are

consignments of animals and necessary for the purposes of

goods to third countries. exporting consignments of

animals and goods to third countries or which are requested to the competent authority of a Member State of dispatch by the competent authority of a Member State of destination in respect of consignments of animals and goods which are to be exported to third countries.

ANNEX DGB 2B LIMITE EN

AMD 201

Article 86 – paragraph 2 a (new) Not acceptable.

2a. Regarding the issuance of an official certificate for products referred to in Article 1(2) point (j), in addition to the provisions mentioned in article 85(2), the delegated body works and is accredited in accordance with standard EN ISO/IEC 17065: 2012.

Article 87 Article 87 Article 87 Signature and issuance of official Signature and issuance of official Signature and issuance of official

certificates certificates certificates

1.

Official certificates shall be AMD 202 1. Official certificates shall be Not acceptable issued by the competent 1. Official certificates shall be issued issued by the competent authorities
authorities. by the competent authorities or delegated bodies pursuant to Articles 25 to 32.

2.

Competent authorities shall
designate the certifying officers 2. Competent The authorities who are authorised to sign referred to in paragraph 1 shall official certificates. Certifying designate the certifying officers who

officers shall: are authorised to sign official certificates and shall ensure that

these. Certifying officers shall:

(a) be free from conflict of AMD 203

interest in relation to what (a) be free from conflict of interest in (a) are be free from any conflict of Not acceptable interest in relation to what is being

ANNEX DGB 2B LIMITE EN

is being certified and act relation to what is being certified certified and act impartially; impartially; and act independently and impartially;

(b) receive appropriate

training on the rules with (b) have received appropriate which compliance is training on the rules with which certified by the official compliance is certified by the official certificate as well as on certificate and on the technical the provisions of this assessment of compliance with those

Chapter. rules as well as on the provisions of this Chapter relevant rules laid down

in this Regulation.

• 3. Official certificates shall

be signed by the certifying 3. Official certificates shall be officer and issued on one of the signed by the certifying officer and

following grounds: issued on one of the following grounds:

(a) direct knowledge by the

certifying officer of facts (a) direct knowledge by the and data relevant for the certifying officer of up-to-date facts certification, obtained and data relevant for the certification, through: obtained through:

(i) an official control;

or (i) an official control; or

(ii) the acquisition of

another official (ii) the acquisition of certificate issued by another official the competent certificate issued by the authorities; competent authorities;

(b) facts and data relevant for

the certification, (b) facts and data relevant for the knowledge of which was certification, knowledge of which was

ascertained by another ascertained by another person authorised for that purpose by, and

ANNEX DGB 2B LIMITE EN

person authorised for that acting under the control of, the purpose by, and acting competent authorities, provided that under the control of, the the certifying officer can verify the competent authorities, accuracy of such facts and data; provided that the certifying officer can verify the accuracy of such facts and data;

the certification which (c) facts and data relevant for the were obtained from the certification which were obtained from operators’ own-control the operators’ own-control systems, systems, complemented complemented and confirmed by and confirmed by results results from regular official controls, from regular official where the certifying officer is thus controls, where the satisfied that the conditions for issuing certifying officer is thus the official certificate are met.

satisfied that the conditions for issuing the official certificate are met.

• 4. Official certificates shall

be signed by the certifying 4. Official certificates shall be officer and issued only on the signed by the certifying officer and basis of point (a) of paragraph 3 issued only on the basis of point (a) of when rules referred to in Article paragraph 3 when rules referred to in 1(2) so require. Article 1(2) so require.

Article 88 Article 88 Article 88 Guarantees of reliability for official Guarantees of reliability for official Guarantees of reliability for official

certificates certificates certificates

1.

Official certificates shall: 1. Official certificates shall:
(aa) bear a unique code;

ANNEX DGB 2B LIMITE EN

(a) not be signed by the

certifying officer where (a) not be signed by the certifying they are blank or officer where they are blank

incomplete; or incomplete;

(b) be drawn up in one of the

official languages of the (b) be drawn up in one or more institutions of the Union of the official languages of

that is understood by the the institutions of the Union

certifying officer and, that is understood by the where relevant, in one of certifying officer and, where

the official languages of relevant, in one of the official the Member State of languages of the Member destination; State of destination;

(d) enable the identification AMD 204

of the person who signed (d) enable the identification of the (d) enable the identification of the Acceptable

them; person who signed them and the person who signed them;

date of issue; (e) allow the verification of AMD 205

the link between the (e) allow the easy verification of the (e) allow the verification of the Acceptable.

certificate and the link between the certificate, the link between the certificate consignment, lot or issuing authority and the and the consignment, lot or

individual animal or good consignment, lot or individual individual animal or good

covered by the certificate. animal or good covered by the covered by the certificate.

certificate. 2. The competent authorities shall

take all measures necessary to 2. The competent authorities shall prevent and penalise the take all appropriate measures issuance of false or misleading necessary to prevent and official certificates or the abuse penalise the issuance of false or of official certificates. Such misleading official certificates or measures shall include where the abuse of official certificates. appropriate: Such measures shall include,

ANNEX DGB 2B LIMITE EN

where appropriate,:

(a) the temporary suspension

of the certifying officer (a) the temporary suspension of

from its duties; the certifying officer from its duties;

(b) the withdrawal of the

authorisation to sign (b) the withdrawal of the

official certificates; authorisation to sign official certificates;

measure to prevent that (c) any other necessary measure

the offence referred to in to prevent that the offence

the first sentence of this referred to in the first paragraph is repeated. sentence of this paragraph is

repeated.

Article 89 Article 89 Article 89 Implementing powers for official Implementing powers for official Implementing powers for official

certificates certificates certificates

The Commission may, by means of The Commission may, by means of implementing acts, lay down rules implementing acts, lay down rules for the uniform application of for the uniform application of Articles 87 and 88 concerning: Articles 87 and 88 concerning:

(a) model official certificates and

rules for the issuance of such (a) model official certificates

certificates; and rules for the issuance of such certificates, where

requirements are not laid down in the rules referred to in Article 1(2);

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(b) the mechanisms and the legal

and technical arrangements to (b) the mechanisms and the ensure the issuance of accurate legal and technical arrangements and reliable official certificates to ensure the issuance of

and prevent risk of fraud; accurate and reliable official certificates and prevent risk of

fraud;

the case of withdrawals of (c) the procedures to be official certificates and for the followed in the case of production of replacement withdrawals of official

certificates; certificates and for the issuance production of replacement

certificates;

(d) rules for the production of

certified copies of official (d) rules for the production of

certificates; certified copies of official certificates;

(e) the format of documents that

must accompany animals and (e) the format of documents goods after official controls have that must accompany animals

been performed; and goods after official controls have been performed;

(f) rules for the issuance of

electronic certificates and for the (f) rules for the issuance of

use of electronic signatures. electronic certificates and for the use of electronic signatures.

Those implementing acts shall be Those implementing acts shall be adopted in accordance with the adopted in accordance with the examination procedure referred to examination procedure referred to in Article 141(2). in Article 141(2).

Article 90 Article 90 Article 90 Official attestations Official attestations Official attestations

ANNEX DGB 2B LIMITE EN

1.

When the rules referred to in
Article 1(2) require the issuance 1. When this Regulation or the of official attestations by the rules referred to in Article 1(2) operators under the official require the issuance of official supervision of the competent attestations by the operators authorities, or by the competent under the official supervision of authorities themselves, the competent authorities, or by paragraphs 2, 3 and 4 of this the competent authorities

Article shall apply. themselves, paragraphs 2, 3 and 4 of this Article shall apply.

2.

Official attestations shall: 2. Official attestations shall:
(a) be authentic and accurate; (a) be authentic and accurate;

(b) be drawn up in one of the AMD 206

official languages of the (b) be drawn up in one of the official (b) be drawn up in one or more of Not acceptable.

institutions of the Union; languages of the institutions of the official languages of the See Article 342 of the TFEU as

the Union; or in any of the institutions of the Union and, regards this expression.

official languages of a Member where relevant, in one of the

State; official languages of the Member State of destination;

(c) where they relate to a

consignment or a lot, (c) where they relate to a allow the verification of consignment or a lot, allow the the link between the verification of the link between official attestation and the official attestation and that that consignment or lot. consignment or lot.

(d) 3. Competent authorities shall

ensure that the staff performing 3. Competent authorities shall official controls to supervise the ensure that the staff performing certification procedure or, where official controls to supervise the the official attestations are issuance of official attestations issued by the competent certification procedure or, where

ANNEX DGB 2B LIMITE EN

authorities, the staff involved in the official attestations are issued the issuance of those official by the competent authorities, the attestations: staff involved in the issuance of those official attestations:

(a) are impartial and free AMD 207

from any conflict of (a) are independent, impartial and free (a) act are impartially and free Not acceptable

interest in relation to what from any conflict of interest in from any conflict of interest

is being certified by the relation to what is being certified in relation to what is being official attestations; by the official attestations; certified by the official

attestations;

(b) receive appropriate

training on: (b) have received appropriate training on:

(i) the rules with

which compliance (i) the rules with which is certified by the compliance is certified by the

official attestations; official attestations and on the technical assessment of

compliance with those rules;

(ii) the rules laid down

in this Regulation. (ii) the relevant rules laid down in this Regulation.

4.

Competent authorities shall
perform regular official controls 4. Competent authorities shall

to verify that: perform regular official controls to verify that:

(a) the operators issuing the

attestations comply with (a) the operators issuing the the conditions laid down attestations comply with the in the rules referred to in conditions laid down in the rules Article 1(2); referred to in Article 1(2);

ANNEX DGB 2B LIMITE EN

(b) the attestation is issued on

the basis of relevant, (b) the attestation is issued on the correct and verifiable basis of relevant, correct and facts and data. verifiable facts and data.

ANNEX DGB 2B LIMITE EN

origineel bericht: 'Proposal for a Regulation of the European Parliame...'

3. Behandeld document

18 mei
'15

Proposal for a Regulation of the European Parliament and of the Council 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, plant reproductive material, plant protection products and amending Regulations (EC) No 999/2001, 1829/2003, 1831/2003, 1/2005, 396/2005, 834/2007, 1099/2009, 1069/2009, 1107/2009, Regulations (EU) No 1151/2012, [….]/2013 [Office of Publications, please insert number of Regulation laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material], and Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC, 2008/120/EC and 2009/128/EC (Official controls Regulation)
WORKING DOCUMENT

Presidency
8237/15

4. Meer informatie

COM(2013)265 - Officiële controles om de implementatie en het naleven van regels omtrent voedsel, voer, dier- en plantgezondheid, teeltmateriaal en pesticiden te verzekeren

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Contents

1.

Kerngegevens

2.

Tekst

Brussels, 11 June 2015

PUBLIC

(OR. en)

8237/1/15

WORKING DOCUMENT

ANNEX

subparagraph 2 – point a a (new)

Option 1

Option 2 ( new paragraph 2)

The competent authorities may

authorise the onward

transportation of consignments of

goods referred to in point (c ) of

Article 45(1) of this Regulation ,

which are in transit or

transhipped and which fulfil the

conditions of Article 45 (1) of

Regulation (EU) No

XXX/XXXX[ Office of publication

performing documentary,

identity and physical checks.

Article 53 – paragraph 2 a (new)

Article 54 – paragraph 2 a (new)

(aa) its opening hours;

suspension shall be immediate.

applies.

AMD 184

CONTROLS

AUTHORITIES IN RELATION TO

CONSIGNMENTS FROM THIRD

COUNTRIES

Article 73 – paragraph 1 a (new)

provided for in Annex V.

official laboratories for

those tasks.

the actual cost of the official

control performed.

(a) the interest of operators

with a low throughput; or;

(b) traditional methods used

for the production,

processing and distribution;

or;

(c) the needs of operators

located in regions subject to

particular geographical

constraints;or;

(d) the operator's record of

compliance with the rules

referred to in Article 1(2) as

ascertained through official

controls.

Deleted (Article 84)

b a (new)

AMD 201

in this Regulation.

(aa) bear a unique code;

3.

Behandeld document

4.

Meer informatie

5.

EU Monitor