EC (Official controls Regulation) - Hoofdinhoud

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1. Kerngegevens

Documentdatum	09-09-2015
Publicatiedatum	11-09-2015
Kenmerk	8237/3/15 REV 3
Van	Presidency
Externe link	origineel bericht
Originele document in PDF

2. Tekst

Council of the European Union

Brussels, 9 September 2015

PUBLIC

(OR. en)

8237/3/15

Interinstitutional File: REV 3

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.

NB: The Presidency considers that the provisions in full grey shadow are solid and therefore will

not focus discussions on them.

NB: Presidency suggestions for rewording in this document are to be read in comparison with those

set out in Doc. 8237/2/15- Rev2 and Doc 11608/15.

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).

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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:

(a) the risks to human, animal (a) the risks to human, animal or or plant health, animal plant health, animal welfare or, welfare or, as regards as regards GMOs and plant GMOs and plant protection protection products, also to the 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;

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(a) the history of compliance (b) the history of compliance with with the requirements the requirements established by established by the rules the rules referred to in Article referred to in Article 1(2) 1(2) applicable to the animals or applicable to the animals 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 responsible for the the consignment;

consignment; (b) the controls that have (c) the controls that have already

already been performed been performed on the animals on the animals and goods and goods concerned; concerned;

the third country of origin country of origin has given with has given with regard to 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.

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2.

The official controls provided 2. The official controls provided for in paragraph 1 shall be for in paragraph 1 shall 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;

(c) the point of release for (c) the point of release for free free circulation in the circulation in the Union;

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

premises of the operator of the operator responsible for responsible for the the consignment; consignment. (e) the place of destination.

3.

The competent authorities at 3. Notwithstanding paragraphs 1 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:

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

(b) packaging. (b) packaging, including pallets.

4.

The competent authorities may 4. The competent authorities may also perform official controls on also perform official controls on goods that are placed under one goods that are placed under one of the customs procedures of the customs procedures defined in points (a) to (g) of defined in points (a) 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 Article 43

Types of official controls on animals Types of official controls on animals Types of official controls on animals

and goods not subject to and goods not subject to and goods other than those not subject

specific official controls at borders specific official controls at borders 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 performed in accordance with

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

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

(b) include identity and (b) include identity and physical physical checks checks depending on the risk to depending on the risk to human, animal or plant health, human, animal or plant animal welfare or, as regards health, animal welfare or, GMOs and plant protection as regards GMOs and products, also to the plant protection products, environment.

to the environment.

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2.

The competent authorities shall 2. The competent authorities shall carry out the physical checks carry out the physical checks referred 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, identity 3. Where the documentary, identity

and physical checks referred to orand physical checks referred to in in paragraph 1 show that paragraph 1 show that animals and 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 request operators to notify the notify the arrival of certain goods arrival of certain goods entering entering the Union. the Union.

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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 released before the results be detained can be of the analysis, test or released before pending the diagnosis carried out on results of the analysis, test the samples are available, or diagnosis carried out. on provided that the the samples are available, traceability of the animals provided that the or goods is ensured. traceability of the animals or goods is ensured.

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2.

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

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

authorities. Those implementing acts shall be

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

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

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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 with 1. To ascertain compliance with the

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

(b) products of animal origin, AMD 153 (b) products of animal origin,

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

animal by-products; that contain products of animal animal by-products; burden for operators and for

origin, germinal products and competent authorities enlarging

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

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

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(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 pests of plants as referred as referred to in the lists to in the lists established established pursuant to pursuant to Articles 68(1) Articles 68(1) and 69(1) of and 69(1) of Regulation Regulation (EU) No (EU) No XXX/XXXX XXX/XXXX [Office of [Office of Publications, Publications, please insert please insert number of number of the Regulation the Regulation on on protective measures protective measures against pests of plants];

against pests of plants]; (d) goods originating from (d) goods originating from

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

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(e) animals and goods which (e) animals and goods which are subject to an are subject to an emergency measure emergency measure provided for in acts provided for in acts adopted in accordance adopted in accordance with Article 53 of with Article 53 of Regulation (EC) No Regulation (EC) No 178/2002 i, Article 249 of 178/2002, Article 249 of Regulation (EU) No Regulation (EU) No XXX/XXXX [Office of XXX/XXXX [Office of Publications, please insert Publications, please insert number of the Regulation number of the Regulation on animal health], or on animal health], or Articles 27(1), 29(1), Articles 27(1), 29(1), 40(2), 41(2), 47(1), 49(2) 40(2), 41(2), 47(1), 49(2) and 50(2) of Regulation and 50(2) of Regulation (EU) No XXX/XXXX (EU) No XXX/XXXX [ Office of Publications, [Office of Publications, please insert number of please insert number of the Regulation on the Regulation on protective measures protective measures against pests of plants] against pests of plants] requiring consignments of requiring consignments of those animals or goods, those animals or goods, identified by means of identified by means of their codes from the their codes from the Combined Nomenclature, Combined Nomenclature, to be subject to official to be subject to official controls at their entry into controls at their entry into the Union; 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 Union conditions into the Union conditions or measures have been or measures have been established by acts established by acts adopted in accordance adopted in accordance with Articles 125 or 127 with Articles 125 or 127 respectively, or with the respectively, or with the rules referred to in Article rules referred to in Article

1(2), which require that 1(2), which require that compliance with those compliance with those conditions or measures be conditions or measures be ascertained at the entry of ascertained at the entry of the animals or goods into the animals or goods into the Union. the Union.

2.

The Commission shall, by 2. The Commission shall, by means means of implementing acts: of implementing acts:
(a) establish lists detailing the (a) establish lists detailing animals and goods all the animals and belonging to the goods belonging to the categories referred to in categories referred to in points (a) and (b) of points (a) and (b) of paragraph 1, indicating paragraph 1, indicating their codes from the their codes from the Combined Nomenclature; Combined

Nomenclature;

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(b) establish the list of goods (b) establish the list of belonging to the category goods belonging to the referred to in point (d) of category referred to in paragraph 1, indicating point (d) of paragraph 1,

their codes from the indicating their codes Combined Nomenclature, from the Combined and update it as necessary Nomenclature, and in relation to the risks update it as necessary in referred to in that point. relation to the risks referred to in that point.

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). 3. The Commission shall be

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

environment. a significantly increased which may give rise to risks to human,

animal or plant health or, as regards GMOs and plant protection products, also to the environment.

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4.

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

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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 for exhibitions, which are not

not intended to be placed on the deleted intended to be placed on the

market; market; (b) animals and goods intended for (b) animals and goods intended for

scientific purposes; AMD 155 scientific purposes; Not acceptable

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

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(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;

(f) pet animals as defined in point AMD 156 (f) pet animals as defined in point

(10)

of Article 4(1) of Not acceptable (110) of Article 4(1) of

Regulation (EU)

deleted Regulation (EU) No XXX

No XXX/XXXX [Office of /XXXX [Office of Publications, Publications, please insert please insert number of the number of the Regulation on Regulation on animal health]; 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.

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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 shall 1. To verify compliance with the

perform official controls on the applicable requirements laid consignments of the categories down in the rules referred to of animals and goods referred to in Article 1(2), the competent in Article 45(1) upon arrival of authorities shall perform official the consignment at the border controls on the consignments of control post. Those official the categories of animals and controls shall include goods referred to in Article documentary, identity and 45(1) upon arrival of the physical checks. consignment at the border control post. Those official controls shall include documentary, identity and 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.

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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 laid down in the rules referred to food safety requirements or in Article 1(2) shall be with plant health requirements performed by, or under the laid down in the rules referred to supervision of, staff possessing in Article 1(2) shall, where such appropriate qualifications in checks concern animals, except veterinary or phytosanitary aquatic animals, or meat and matters respectively, designated edible meat offal or animal by by the competent authorities for products, be performed by an

that purpose. official veterinarian or under 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.

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Where such checks are performed on

animals they shall be carried out by an AMD 157 Where such checks are performed Not acceptable official veterinarian or under his on animals they shall be carried out

supervision. Where such checks are performed by an official veterinarian or under on animals or on products of his supervision.

animal origin, they shall be carried

out by an official veterinarian, who (aa) Physical checks to verify

may be assisted by specially compliance with the food

trained support staff whilst safety requirements laid down in the rules referred to

retaining responsibility for the in Article 1(2) shall, where

checks carried out. such checks concern aquatic

animals, products of animal origin other than the ones referred to in point (a) of this paragraph, germinal products or animal by products, be performed by an official veterinarian or by staff trained in accordance with the requirements established pursuant to paragraph 6a in food safety matters and designated by the competent authorities for that purpose.

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(b) Physical checks shall, where such checks concern 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 performed by an official plant health officer.

5.

The competent authorities at 5. The competent authorities 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.

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6.

The Commission may, by means 6. The Commission may, by means of implementing acts establish of implementing acts establish the modalities of presentation of the modalities of presentation of consignments of the categories consignments of the categories of goods referred to in Article of animals and goods referred 45(1), the sub-entities which can to in Article 45(1), the constitute an individual transport units or sub-entities consignment and the maximum which can constitute an number of such sub-entities in individual consignment and the each consignment, taking into maximum number of such account the need to guarantee transport units or sub-entities the rapid and efficient handling in each consignment, taking into of the consignments and the account the need to guarantee official controls to be performed the rapid and efficient handling by the competent authorities. of the consignments and the 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 for staff performing or assisting the official veterinarian in the performance of the physical checks at the border control posts.

Those implementing acts shall be

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

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

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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 certificates or 1. The original official certificates

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

2.

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

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3.
Consignments shall not be split 3. Consignments shall not be split until official controls have been until official controls have been performed and the Common performed and the Common Health Entry Document (CHED) Health Entry Document (herein referred to in Article 54 has been “CHED”) referred to in Article finalised in accordance with 54 has been finalised in Articles 54(4) and 55(1). accordance with Articles 54(4) 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.

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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

to adopt delegated acts in accordance The Commission shall be

with Article 139 concerning rules to empowered to adopt delegated acts

establish: in accordance with Article 139

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

ANNEX DGB 2B LIMITE EN

(b) the time limits and modalities (b) the time limits and modalities for carrying out documentary, for carrying out documentary identity and physical checks on and, where necessary, transhipped consignments of the identity and physical checks categories of goods referred to on animals and the goods in Article 45(1); 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); the time limits and modalities for carrying out documentary and, where necessary, identity and physical checks 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

ANNEX DGB 2B LIMITE EN

(c) the cases where and the (c) the cases where and the conditions under which identity conditions under which and physical checks of identity and physical checks transhipped consignments and of of transhipped consignments animals arriving by air or sea and of animals arriving by air and staying on the same means or sea and staying on the of transport for onward travel same means of transport for may be performed at a border onward travel may be control post other than the one performed at a border control

of first arrival into the Union; post other than the one 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 referred to in Article 45(1) may goods referred to in Article be authorised and the specific 45(1) may be authorised and official controls to be performed the specificcertain official at border control posts on such controls to be performed at consignments, including the border 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.

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(e) the cases where and the conditions under which derogations to the rules on documentary, identity and physical checks shall apply as regards transhipped consignments and transit of consignments of the goods referred to in point (c) of Article 45 (1).

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

uniform implementation of the rules For the purposes of ensuring the

laid down in Articles 47, 48 and 49, uniform implementation of the rules the Commission shall by means of laid down in Articles 47, 48 and 49,

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

details of the operations to be carried implementing acts, lay down the out during and after the documentary, details of the operations to be identity and physical checks referred to carried out during and after the

in those rules to ensure the efficient documentary, identity and physical

performance of those official controls.

Those implementing acts shall be checks referred to in those rules to adopted in accordance with the ensure the efficient performance of

examination procedure referred to in those official controls. Those

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

procedure referred to in Article 141(2).

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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 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:

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(a) identity and physical

checks on consignments AMD 159

(a) identity and physical checks on consignments of the categories

of the categories of

deleted of animals and goods referred to

animals and goods in Article 45(1) so that such referred to in Article checks may be performed by 45(1) may be performed competent authorities at control by competent authorities points other than border control at control points other posts provided that those control than border control posts points comply with the provided that those requirements provided for in control points comply Article 62(3) and in the with the requirements implementing acts adopted in provided for in Article accordance with Article 62(4); 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 consignments undergone documentary which have undergone and identity checks at a documentary and identity checks border control post of first at a border control post of first arrival may be performed arrival to the Union may be at another border control performed at another border post in a different control post in a different Member State; Member State;

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(ba) identity and physical checks 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;

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 by customs authorities or competent authorities customs

other public authorities: 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 byfrom

(iii) goods ordered by AMD 160 distance selling, including by Partially acceptable as reworded

distance selling. iii) small consignments sent to private telephone or via the internet. individuals or acquired at a

distance (by telephone, post or internet).

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AMD 161 (iiia) pet animals which meet the conditions [laid down in 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.

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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2.

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

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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; frequency;

(b) limited to the verification (b) limited to the verification of a of a consignment's official consignment's official seal, seal, where any such seal where any such seal is present. is present.

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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 Not acceptable. First part of for determining and

determining and determining and modifying the modifying the frequency rates paragraph 2 refers to modifying the frequency minimum frequency rates of of identity and physical appropriate frequency rate and

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

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

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(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; assessments; and, 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.

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(b) the conditions under

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

frequency rates of increase the frequency rates

physical checks of identity and physical

established in accordance checks established in with point (a) so as to take accordance with point (a) account of local risk so as to take account of

factors; local risk factors;

that the frequency rates of (c) the procedures for ensuring that the (c) the procedures for ensuring Not acceptable. First part of

physical checks established in minimum frequency rates of that the frequency rates of paragraph 2 refers to accordance with point (a) are physical checks established in identity and physical appropriate frequency rate and

applied in a timely and accordance with point (a) are checks established in also see Article 8(1)

uniform manner. applied in a timely and uniform accordance with point (a) manner. 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:

(a) the frequency of physical AMD 164 (a) the frequency of identity and

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

of goods referred to in checks for the categories of categories of goods referred to in paragraph 2 refers to

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

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

Those implementing acts shall

be adopted in accordance with Those implementing acts shall be

the examination procedure adopted in accordance with the

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

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 by the 1. A decision shall be taken by the

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

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2.

Decisions taken following a 2. (a) Decisions on consignments physical check to verify taken following a physical check compliance with animal health regarding to verify compliance and welfare requirements or with animal health and welfare with plant health requirements requirements or food safety 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, except

the competent authorities for aquatic animals, or meat that purpose. and edible meat offal or

animal by products, be taken by an official veterinarian.. staff possessing appropriate

qualifications in veterinary or phytosanitary matters respectively, and designated by the competent authorities for that purpose.

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Decisions on consignments of animals

shall be taken by an official AMD 166 Decisions on consignments of animals Not acceptable

veterinarian or under his supervision. shall be taken by an official Decisions on consignments of veterinarian or under his supervision.

animals and products of animal

origin shall be taken by an official (aa) Decisions on consignments

veterinarian who may be assisted regarding the food safety

by specially trained support staff requirements laid down in the

whilst retaining responsibility for rules referred to in Article 1(2) shall, where they concern

the checks carried out. aquatic animals, products of

animal origin other than the ones referred to in point (a) of this paragraph, germinal products or animal by products, be taken by an official veterinarian or by staff designated by the competent authorities for that purpose.

(b) Decisions on consignments regarding plant health requirements laid down in the rules referred to in Article 1(2) shall, where they concern, plants, 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.

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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 the 1. For each consignment of the

categories of animals and goods categories of animals and goods referred to in Article 45(1) the referred to in Article 45(1) the operator responsible for the operator responsible for the consignment shall complete a consignment shall complete the CHED, providing the relevant part of thea CHED, information necessary for the providing the information immediate and complete necessary for the immediate and 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 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 arrival of those of the border control post consignments; of the arrival of those consignments;

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(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 controls performed and any decisions taken on and any decisions that basis, including the taken on that basis, decision to reject a including the consignment;

decision to reject a consignment;

AMD 168 (ii) communicate the

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

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

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

(i) through the in electronic exchange with the computerised system TRACES system. TRACES system. referred to in Article 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 of the 4. The competent authorities of the
border control post shall finalise AMD 170 border control post shall finalise Not acceptable. Duplicate the CHED as soon as: 4. The competent authorities of the the CHED as soon as: paragraph (2)(b)(ii)

border control post shall record 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 been performed; have been performed; (b) the results from physical (b) the results from physical

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

(c) a decision on the (c) a decision on the consignment has been consignment has been taken in accordance with taken in accordance with

Article 53 and recorded Article 53 and recorded on on the CHED. 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 of animals and 1. The placing and handling of goods referred to in Article consignments of the categories 45(1) under supervision or of animals and goods referred to control by the customs in Article 45(1) under a custom authorities, including the entry procedure by the customs or handling in free zones or authorities, including the entry customs warehouses, shall be or handling in free zones or subject to the presentation by the customs warehouses or in free operator to the custom zones shall be subject to the authorities of the CHED, or its presentation by the operator electronic equivalent, duly responsible for the finalised in the TRACES system consignment to the custom by the competent authorities of authorities of the CHED, or its

the border control post. 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 from the one different from the one indicated by the indicated by the competent authorities of competent authorities of the border control post; the border control post;

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

3.

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

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(a) the format of the CHED (a) the format of the CHED and the instructions for its and the instructions for its 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 operators as provided for responsible for the in point (a) of Article consignment as provided 54(2) in order to enable for in point (a) of Article the competent authorities 54(2) in order to enable of the border control post the competent authorities to perform official of the border control post controls in a timely and to perform official 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 the examination procedure examination procedure referred to in referred to in Article 141(2). Article 141(2).

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2.

The Commission shall be 2. The Commission shall be
empowered to adopt delegated AMD 171 empowered to adopt delegated Not acceptable

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

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

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2.

Member States shall notify the 2. Member States shall notify the
Commission at least three Commission at least three months before designating a months before designating 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 is dependent control post is dependent upon the favourable upon the favourable outcome of a control outcome of a control performed by performed by Commission Commission experts in experts in accordance with accordance with Article Article 115 in order to 115 in order to verify verify compliance with the compliance with the minimum requirements minimum requirements laid down in Article 62; 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. .

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3a. In cases where the Commission has informed a

Member State, in accordance with paragraph 3, that a control is not necessary, the Member State may proceed with the designation.

4.

The Member State shall delay 4. The Member State shall delay designating the border control designating the border 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.
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 make 1. Each Member State shall make

available on the Internet up-toavailable on the Internet up-todate lists of border control posts date lists of border control posts on its territory, providing the on its territory, providing the following information for each following information for each border control post: border control post: (a) its contact details and (a) its contact details and opening hours; opening hours; (aa) its opening hours;

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(b) its exact location and (b) its exact location and whether it is a port, whether it is a port, airport, rail or road entry airport, rail 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 45(1) which are Article 45(1) which are included in the scope of included in the scope of its its designation; designation;

(d) the equipment and (d) the equipment and premises available for premises available for

performing official performing official controls on each of the controls on each of the categories of animals and categories of animals 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 year for each of calendar year for each of the categories of animals the categories of animals and goods referred to in and goods referred to in Article 45(1) for which it Article 45(1) for which it is 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 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). 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.

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2.

Member States may re-designate 2. Member States may re-designate border inspection posts, border inspection posts, designated points of entry and designated points of entry, 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 not 3. Article 57(2), and (3) and (4) 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 posts 1. Where border control 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 all or for certain 57(1) for all or for certain categories of animals and categories of animals and goods for which the goods for which the designation was made; designation was made;

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(b) remove them from the (b) remove them from the lists lists referred to in Article referred to in Article 58(1), for the categories 58(1), for the categories of of animals and goods for animals and goods for which the designation is which the designation is withdrawn. withdrawn.

2.

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

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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 1. A Member State shall

AMD 172

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

products, to the environment. to the environment. GMOs and plant protection 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 indicate the 3. Member States shall indicate the suspension of the designation of suspension of the designation of a border control post in the lists a border control post in the lists referred to in Article 58(1). referred to in Article 58(1).

4.

Member States shall remove the 4. Member States shall remove the suspension provided for in suspension provided for in paragraph 1 as soon as: paragraph 1 as soon as:

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(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 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, establish 5. The Commission may, by means procedures for the exchanges of of implementing acts, establish 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 the examination procedure examination procedure referred to in referred to in Article 141(2). 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.

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

control posts control posts control posts

1.

Border control posts shall be AMD 173 1. Border control posts shall be located Not acceptable

located in the immediate vicinity in the immediate vicinity of the

of the point of entry into the 1. Border control posts shall be located point of entry into the Union and

Union and in a place suitably in the immediate vicinity of the in a place which is suitably

equipped to be designated by point of entry into the Union and equipped to be designated by the

the customs authorities in in a place that is suitably customs authorities in

accordance with Article 38(1) of equipped, in accordance with accordance with Article 38(1) of

Regulation (EEC) No 2913/92 i. Article 38(1) of Regulation 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 have: 3. Border control posts shall have:
(a) a sufficient number of (a) a sufficient number of suitably qualified staff; suitably qualified staff;

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(b) premises appropriate for (b) premises or other facilities the nature and volume of appropriate for the nature the categories of animals 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 of official controls for the performance of official each of the categories of controls for each of the animals and goods for categories of animals and which the border control goods for which the post has been designated; border control post has been designated;

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

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

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

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

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

(h) appropriate arrangements (h) appropriate arrangements for the proper handling of for the proper handling of different categories of different categories of animals and goods and to animals and goods and to prevent risks which may prevent risks 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 spread of prevent the spread of diseases into the Union. diseases into the Union.

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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 paragraph 3 to take into account into account specific features specific features and logistic and logistic needs related to needs related to the performance the performance of official of official controls and to the controls and to the application application of the measures of the measures taken in taken in accordance with Article accordance with Article 64(3) 64(3) and (5) and Article 65 in and (5) and Article 65 in relation to the different relation to the different categories of animals and goods categories of animals and referred to in Article 45(1).
goods referred to in 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).

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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 noncompliance

of consignments of compliance of consignments of Not acceptable

the categories of animals and the categories of animals and

goods referred to in Article AMD 174 goods referred to in Articles

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

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2.

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

3.

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

consignments shall be isolated Where appropriate, those or quarantined and animals shall consignments shall be isolated or be sheltered, fed, watered and quarantined and animals shall be treated pending the results of the sheltered, fed, watered and as

official controls. necessary treated pending the results of the official controls.

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4.

Where the competent authorities AMD 175 4. Where the competent authorities have reasons to suspect Not acceptable have reasons to suspect
fraudulent behaviour by an 4. Where the competent authorities fraudulent behaviour by an operator or official controls give have reasons to suspect operator responsible for the grounds to believe that the rules fraudulent behaviour by an consigment or official controls referred to in Article 1(2) have operator or official controls give give grounds to believe that the been seriously or repeatedly grounds to believe that the rules rules referred to in Article 1(2) infringed, they shall, where referred to in Article 1(2) have have been seriously or appropriate, and in addition to been seriously or repeatedly repeatedly infringed, they shall,

the measures provided for in infringed, they shall, in addition where appropriate, and in Article 64(3), intensify official to the measures provided for in addition to the measures controls on consignments with Article 64(3), intensify official provided for in Article 64(3), the same origin or use as controls on consignments with intensify official controls on appropriate. the same origin or use. consignments with the same origin or use as appropriate.

5.

The competent authorities shall 5. The competent authorities shall notify the Commission and the notify the Commission and 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.

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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
be adopted in accordance with Those implementing acts shall be

the examination procedure adopted in accordance with the

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

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. The competent authorities shall

place under official detention AMD 176

1.

The competent authorities shall
place under official detention Not acceptable as for all animals

any consignment of animals or

goods entering the Union from When the competent authority

any consignment of animals or or goods not only Article 45(1)

third countries which does not ascertains as a result of the official

goods entering the Union from applies.

comply with the rules referred controls performed at the border

third countries which does not comply with the rules referred to

to in Article 1(2) and refuse control posts in accordance with in Article 1(2) and refuse entry

entry into the Union to it. Article 45, that consignments of into the Union to it. animals and goods do not comply

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.

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As appropriate, any such consignment

shall be isolated or quarantined and AMD 177 As appropriate, any such Not acceptable; it is 'as animals belonging to it shall be kept consignment shall be isolated or appropriate' and treated under appropriate As appropriate, any such quarantined and animals or

conditions pending any further consignment or part thereof shall belonging to it shall be kept, and

decision. be isolated or quarantined and cared or treated under appropriate

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

conditions pending any further decision. The special needs of other goods shall also be borne in 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).

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3.

Having, where possible, heard
the operator responsible for the AMD 178 3. The competent authority Acceptable but covered by the consignment, the competent 3. The competent authorities shall Having, where possible, heard the last paragraph of this paragraph authorities shall, without delay, hear the operator responsible for operator responsible for the (3) order that the operator: the consignment. The competent consignment, the competent 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

(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

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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 shall 4. The competent authorities shall immediately notify any decision immediately notify any decision to refuse entry of a consignment to refuse entry of a consignment as provided for in paragraph 1 as provided for in paragraph 1 and any order issued pursuant to and any order issued pursuant to paragraphs 3 and 5 and Article paragraphs 3 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 information management system via the computerised information referred to in Article 130(1). management system referred to in

Article 130(1).

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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 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

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

consignments. Article shall apply to such consignments.

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

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Article 65 Article 65 Article 65 Not acceptable; it is in cases of

Measures to be taken on animals or consignment presenting a risk ,

goods entering the Union from third AMD 182 Measures to be taken on animals or and not cases of non-compliant

countries presenting a risk goods entering the Union from Measures to be taken in cases of an consignment. third countries presenting a risk

attempt to bring non-compliant consignments into the EU from third countries presenting a risk

Where official controls indicate that a

consignment of animals or goods AMD 183 Where official controls indicate that a Acceptable as reworded. presents a risk to human, animal or consignment of animals or goods plant health, animal welfare or, as Where official controls indicate that a presents a risk to human, animal or regards GMOs and plant protection consignment of animals or goods plant health, animal welfare or, as products, to the environment, such presents a risk to human or animal regards GMOs and plant protection consignment shall be isolated or health, animal welfare or to the products, also to the environment, such quarantined and animals belonging to environment, such consignment shall consignment shall be isolated or it shall be kept and treated under be isolated or quarantined and animals quarantined and animals belonging to appropriate conditions pending any belonging to it shall be kept and treated it shall be kept, cared or treated under

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

The competent authorities shall retain

the consignment in question under The competent authorities shall retain official detention and shall, without the consignment in question under

delay: official detention and shall, without delay, order that the operator

responsible for that consignment:

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(a) order that the operator destroy AMD 184 (a) order that the operator

the consignment in compliance, (a) order that the operator destroy the Not acceptable; this is destroy the consignment in where appropriate, with the rules consignment, humanely in the compliance, where appropriate, mandatory by animal welfare

referred to in Article 1(2), taking case of live animals, in with the rules referred to in rules

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

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

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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 shall: 1. The competent authorities 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).

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2.

The competent authorities in the 2. The competent authorities in the
Member State where the official AMD 185 Member State where the official Not acceptable

controls were performed shall controls were performed shall

supervise the application of the The competent authorities in the supervise the application of the

measures ordered pursuant to Member State where the official measures ordered pursuant to

Article 64(3) and (5) and Article controls were performed shall Article 64(3) and (5) and Article

65 to ensure that the supervise the application of the 65 to ensure that the consignment does not give rise measures ordered pursuant to consignment does not give rise to adverse effects on human, Article 64(3) and (5) and Article 65 to adverse effects on human, animal or plant health, animal to ensure that the consignment does animal or plant health, animal welfare, or the environment, not give rise to adverse effects on welfare, or the environment,

during or pending the during or pending the

application of those measures. human or animal health, animal welfare, or the environment, during application of those measures.

or pending the application of those measures.

Where appropriate, such

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

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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 out all 1. The operator responsible for
the measures ordered by the AMD 186 the consignment shall carry out Not acceptable.

competent authorities in 1. The operator shall carry out all the all the measures ordered by the

accordance with Article 64 (3) measures ordered by the This is concerning the competent authorities in

and (5) and 65 without delay competent authorities in accordance with Article 64 (3) 'consignment' and not the and, at the latest, within 60 days accordance with Article 64 (3) and (5) and 65 without delay 'products'

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

2.

If, after the expiry of the 60-day 2. If, after the expiry of the period period no action has been taken referred to in paragraph 1 60- by the operator, the competent day period no action has been authorities shall order: taken by the operator concerned, the competent authorities shall order:

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(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 3. The competent authorities may extend the period referred to in extend the period referred to in paragraphs 1 and 2 of this paragraphs 1 and 2 of this Article for the time necessary to Article for the time necessary to obtain the results of the second obtain the results of the second expert opinion referred to in expert opinion referred to in Article 34, provided that this is Article 34, provided that this is without adverse effects to without adverse effects to human, animal and plant health, human, animal and plant health, animal welfare and, as regards animal welfare and, as regards GMOs and plant protection GMOs and plant protection products, to the environment. products, to the environment.

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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

implementing acts, lay down rules to The Commission shall, by means of ensure consistency across all border implementing acts, lay down rules to control posts referred to in Article ensure consistency across all border 57(1) and control points referred to in control posts referred to in Article in point (a) of Article 51(1) of 57(1) and control points referred to in decisions and measures taken and in point (a) of Article 51(1) of orders issued by the competent decisions and measures taken and authorities pursuant to Articles 64 and orders issued by the competent 65, in the form of instructions to be authorities pursuant to Articles 64, 65 followed by the competent authorities and 665, in the form of instructions to when responding to common or be followed by the competent recurring situations of non-compliance authorities when responding to

or risk. common or recurring situations of noncompliance or risk.

Those implementing acts shall be

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

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

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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.

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2.

The special treatment provided 2. The special treatment provided for in paragraph 1 shall: for in paragraph 1 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 of control of the competent the competent authorities, and, authorities; where appropriate, under the control of the competent authorities of another Member

State by mutual agreement ;

(c) comply with the (c) comply with the requirements laid down in requirements laid down in the

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

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

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

accordance with national rules. special treatment shall take place in accordance with national rules.

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

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(c) where the third country of (c) where the third country of destination is not the third destination is not the third country of origin, the country of origin, the competent competent authorities of authorities of the third country the third country of of destination the operator has destination have notified obtained the agreement of the the competent authorities competent authorities of that of the Member State that third country of destination they are prepared to they have been notified by and accept the consignment; 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 (b) and 2. The conditions of points (b) and (c) of paragraph 1 shall not (c) of paragraph 1 shall not apply to consignments of the apply to consignments of the categories of goods referred to categories of goods referred to in 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

ANNEX DGB 2B LIMITE EN

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.

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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

1.

The Commission may, by means 1. The Commission may, by means of implementing acts, approve of implementing acts, approve, specific pre-export controls that upon request of a third a third country carries out on country, specific pre-export consignments of animals and controls that that a third country goods prior to export to the carries out on consignments of Union with a view to verifying animals and goods prior to that the exported consignments export to the Union with a view satisfy the requirements of the to verifying that the exported rules referred to in Article 1(2). consignments satisfy the The approval shall only apply to requirements of the rules consignments originating in the referred to in Article 1(2). The third country concerned and may approval shall only apply to be granted for one or more consignments originating in the categories of animals or goods. third country concerned and may Those implementing acts shall be granted for one or more be adopted in accordance with categories of animals or goods. the examination procedure Those implementing acts shall referred to in Article 141(2). be adopted in accordance with the examination procedure referred to in Article 141(2).

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2.

The approval provided for in 2. The approval provided for 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 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;

(c) a model for such (c) a model for such certificates; certificates;

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(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.

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3.

The approval provided for in 3. The approval provided for in paragraph 1 may only be granted paragraph 1 may only be granted to a third country if the evidence to a third country if the 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:
(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).

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4.

The competent authorities or a 4. The competent authorities or a delegated body specified in the delegated body specified in 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 means 5. The Commission shall by means

of implementing acts establish of implementing acts establish detailed rules and criteria for detailed rules and criteria for approving pre-export controls approving pre-export controls performed by third countries in performed by third countries in accordance with paragraph 1. accordance with paragraph 1 Those implementing acts shall and for official controls be adopted in accordance with performed by the competent the examination procedure authorities of the Member referred to in Article 141(2). States on animals and goods 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).

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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 withdrawal

performed by third countries performed by third countries of, the approval of pre-export 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: (a) notify the Commission AMD 188 (a) notify the Commission and the other Member a) notify the Commission and the other and the other Member States and States and operators Member States and operators operators concerned via the concerned via the concerned via the TRACES integrated computerised TRACES system in system, including the measures system referred to in Article addition to seeking to be applied, in addition to 130(1) the TRACES system in administrative assistance seeking administrative addition to seeking in accordance with the assistance in accordance with administrative assistance in procedures established in the procedures established in accordance with the procedures Title IV; Title IV; established in Title IV;

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(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 means 2. The Commission may, by means

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

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S ECTION V C OOPERATION AMONGST

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

authorities, customs authorities For that purpose, competent

and other authorities shall: authorities, customs authorities and other authorities shall:

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(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;

(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.

ANNEX DGB 2B LIMITE EN

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 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;

ANNEX DGB 2B LIMITE EN

(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).

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 consignments of 1. In the case of consignments of

animals and goods other than animals and goods other than those subject to controls at entry those subject to controls at entry into the Union as required by into the Union as required by Article 45(1) and for which a Article 45(1) and for which a customs declaration for release customs declaration for release for free circulation has been for free circulation has been made in accordance with made in accordance with Articles 4(17) and 59 to 83 of Articles 4(17) and 59 to 83 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.

ANNEX DGB 2B LIMITE EN

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, also to the environment and immediately environment and immediately notify the competent authorities notify the competent authorities of such suspension. of such suspension.

3.

A consignment whose release 3. A consignment whose release for free circulation has been for free circulation has been suspended pursuant to paragraph suspended pursuant to paragraph 2 shall be released if, within 2 shall be released if, 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 authorities 4. Where the competent authorities consider that a risk to human, consider that a risk 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, is present: also to the environment, is 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]';

ANNEX DGB 2B LIMITE EN

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

permitted without the without the consent of the 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.

ANNEX DGB 2B LIMITE EN

5.

In the case of consignments of 5. In the case of consignments of animals and goods other than animals and goods other than those subject to controls at entry those subject to controls at entry into the Union as required by into the Union as required by Article 45(1) and for which no Article 45(1) and for which no customs declaration for release customs declaration for release for free circulation has been for free circulation has been made, customs authorities, made, customs authorities, where they have reason to where they have reason to believe that the consignment believe that the consignment may present a risk to human, may present a risk 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, shall transmit also to the environment, shall all relevant information to the transmit all relevant information customs authorities in the to the customs authorities in the Member States of final Member States of final destination. destination.

ANNEX DGB 2B LIMITE EN

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 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:

ANNEX DGB 2B LIMITE EN

(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 country flag;

(b) consignments of (b) consignments of unskinned, furred wild unskinned, furred wild game;

game;

2 OJ L 286, 29.10.2008, p. 1.

3 OJ L 286, 29.10.2008, p. 1.

ANNEX DGB 2B LIMITE EN

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 (d) wood packaging material;

material; AMD 190 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;

ANNEX DGB 2B LIMITE EN

(k) animals and goods (k) animals and goods exempted from the exempted from the provisions of 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 means 3. The Commission may, by means of implementing acts, lay down of implementing acts, lay 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;

ANNEX DGB 2B LIMITE EN

(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.

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

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

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

other resources necessary for the adequate financial resources are financial resources are competent authorities to perform available to provide the staff and available to provide the

official controls and other other resources necessary for the staff and other resources

official activities. competent authorities to perform necessary for the 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.

ANNEX DGB 2B LIMITE EN

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 in

official control tasks in control tasks in accordance with 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.

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'.

ANNEX DGB 2B LIMITE EN

Article 77 Article 77

Mandatory fees Article 77 Mandatory fees

AMD 192, 343, 314 and 316 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
competent authorities are that competent authorities are 1. The competent authorities Not acceptable; mandatory fees provided with adequate provided with adequate shall collect fees or charges for should be under a 'shall' resources for the performance of resources for the official controls performed on provision. official controls, the competent performance of official animals and goods referred to authorities shall collect fees to controls, the competent in points (a) to (c) of recover the costs they incur in authorities may collect fees paragraph 1 of Article 45, and relation to: or contribution to the costs referred to in Article 15 (2), at to recover, some or all of the the amounts provided for in costs they incur in relation to: Annex V.
- 2.
  
  The fees or charges referred to in paragraph (1) may be complemented, where the cost of the official controls performed is higher, up to an amount corresponding to that cost.

ANNEX DGB 2B LIMITE EN

3.

The competent authorities shall collect fees or charges to
recover the 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 protective measures against pests of plants];

ANNEX DGB 2B LIMITE EN

(b) official controls which were not originally planned, and; (i) which have become necessary following the detection of a non-compliance 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 non-compliance or to verify that the noncompliance has been remedied.

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

the following operators comply with the rules referred to comply with the rules in Article 1(2): referred to in Article 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 or approved, or Regulation (EC) No 852/2004 i; registered and approved, in accordance with Article 6 of Regulation (EC) No 852/2004 i;

ANNEX DGB 2B LIMITE EN

(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 Regulation on protective measures against pests of plants];

4 OJ L 35, 8.2.2005, p. 1.

ANNEX DGB 2B LIMITE EN

(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 issuance of official attestations; supervise the issuance of official attestations;

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

the conditions are met:

ANNEX DGB 2B LIMITE EN

(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 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];

ANNEX DGB 2B LIMITE EN

(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 material];

(d) official controls (d) official controls performed by the deleted

performed by the competent authorities at the NB: covered by Article 77 (1)

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

ANNEX DGB 2B LIMITE EN

2.

For the purposes of paragraph 1, 2. For the purposes of paragraph 1, the deleted
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 Publications, please insert number of the Regulation on animal health], unless the decision establishing the measures requires otherwise.

ANNEX DGB 2B LIMITE EN

3.

For the purposes of paragraph 1: 3. For the purposes of paragraph 1: 3. For the purposes of paragraph 1:

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

in point (a) of that paragraph point (a) of that paragraph shall 4. The competent authorities shall shall not include official not include official controls not collect fees or charges for

controls performed to verify performed to verify compliance official controls performed to compliance with temporary with temporary restrictions, verify that the following restrictions, requirements or requirements or other disease operators comply with the other disease control control measures adopted by the rules referred to in Article 1(2) measures adopted by the competent authorities in when such the official controls competent authorities in accordance with Articles 55(1), referred to in point (a) of that accordance with Articles 56, 61, 62, 64, 65, 68(1) and 69, paragraph official controls are 55(1), 56, 61, 62, 64, 65, and rules adopted pursuant to performed to verify compliance 68(1) and 69, and rules Articles 55(2), 63, 67 and 68(2) with temporary restrictions, adopted pursuant to Articles of Regulation (EU) No requirements or other disease 55(2), 63, 67 and 68(2) of XXX/XXXX [Office of control measures adopted by the Regulation (EU) No Publications, please insert competent authorities in XXX/XXXX [Office of number of the Regulation on accordance with Articles 55(1), Publications, please insert animal health] and Article 16 of 56, 61, 62, 64, 65, 68(1) and 69, number of the Regulation on Regulation (EU) No and rules adopted pursuant to animal health] and Article 16 XXX/XXXX [Office of Articles 55(2), 63, 67 and 68(2) of Regulation (EU) Publications, please insert of Regulation (EU) No No XXX/XXXX [Office of number of the Regulation on XXX/XXXX [Office of Publications, please insert protective measures against Publications, please insert number of the Regulation on pests of plants]; number of the Regulation on protective measures against animal health] and Article 16 of

pests of plants]; Regulation (EU) No XXX/XXXX [Office of

Publications, please insert number of the Regulation on protective measures against pests of plants];

ANNEX DGB 2B LIMITE EN

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).

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Article 77 bis

Other fees than those referred to in Article 77

Member States may collect fees

or charges to cover the costs of official controls and other official activities other than those fees or charges 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 Costs Costs

1.

The competent authorities shall AMD193
collect fees in accordance with Principle partially acceptable as Article 77 to recover the 1. The competent authorities shall be reworded.

following costs: 1. The competent authorities shall entitled, when calculating the collect fees in accordance with Article

fees or contributions to the cost 77 to recover the following costs:

in accordance with Article 77, to

take the following criteria into The fees or charges to be account: 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:

ANNEX DGB 2B LIMITE EN

(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; (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;

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(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 necessary to obtain the

obtain the qualification 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 those tasks.

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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 other activities, only the fraction

of the cost elements referred to perform other activities, only the of the cost elements referred to in paragraph 1 of this Article fraction of the cost elements in paragraph 1 of this Article which results from the official referred to in paragraph 1 of this which results from the official controls referred to in Article Article which results from the controls referred to in Article 77(1) shall be considered for the official controls referred to in 77(1) shall be considered for the calculation of the fees. Article 77(1) shall be considered calculation of the fees. for the calculation of the 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 or charges 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:

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(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,

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(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 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 or charges referred 77(1) in a manner that does not costs referred to in Article 77(1) to in Article 77(1) in a manner discriminate between operators in a manner that does not that does not discriminate on the basis of the distance of discriminate between operators between operators on the basis their premises from the location on the basis of the distance of of the distance of their premises of the competent authorities. their premises from the location from the location of the of the competent authorities. competent authorities.

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3.

Where fees are calculated in 3. Where the fees or contributions to 3. Where fees or charges are accordance with point (a) of the costs are calculated in calculated in accordance with paragraph 1, the fees collected accordance with point (a) of point (a) of paragraph 1, the fees by competent authorities in paragraph 1, the fees or or charges collected by accordance with Article 77 shall contribution to the costs competent authorities in not exceed the overall costs collected by competent accordance with Article 77 shall
incurred for the official controls authorities in accordance with not exceed the overall costs incurred for the official controls

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

the period of time referred to in point (a) of paragraph 1.

3a.Where fees or charges are

calculated in accordance with point (b) of paragraph 1, they shall not exceed the cost of the official control performed.

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Article 80

Reduction of fees for consistently Article 80 Not acceptable

compliant operators Article 80 AMD 195 Reduction of fees for consistently

compliant operators

Reduction of fees or contributions Collection and application of fees

to the costs for consistently

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 applied with Article 79(1), the rate of the fee to Article 79(1), the rate of the fee to to each operator shall be determined be applied to each operator shall be be applied to each operator shall taking into account the operators' determined taking into account the be determined taking into account record of compliance with the rules operators' record of compliance with the operators' record of referred to in Article 1(2) as the rules referred to in Article 1(2) as compliance with the rules referred ascertained through official controls, ascertained through official controls, to in Article 1(2) as ascertained so that fees applied to consistently so that fees or contribution to the costs through official controls, so that compliant operators are lower than applied to consistently compliant fees applied to consistently those applied to other operators. operators are lower than those applied compliant operators are lower than

to other operators. those applied to other operators.

1.

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

ANNEX DGB 2B LIMITE EN

2.

Fees or charges 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 or charges 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 constraints; or; (d) the operator's record of compliance with the rules referred to in Article 1(2) as ascertained through official controls.

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Article 81 Article 81 Article 81

Application of fees Application of fees

AMD 196 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 5 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 or charges 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 or charges collected in Not acceptable

shall be paid by the operator point (d) of Article 77(1) shall accordance with point (d) of responsible for the consignment be paid by the operator Article 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.

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Article 82

Fees refunds and exemption for Article 82 Article 82

microenterprises Fees refunds and exemption for Fees refunds and exemption for microenterprises microenterprises

AMD 197, 315 and 348

1.

Fees provided for in Article 77 Delete ( Article 82) shall not directly or indirectly be refunded, unless unduly collected.

2.

Enterprises employing fewer

than 10 persons and whose annual Member States can exempt small Not acceptable

turnover or annual balance sheet total and medium enterprises that fulfil does not exceed EUR 2 million shall certain objective and nonbe

exempted from the payment of the discriminatory criteria from the

fees provided for in Article 77. payment of fees or cost contributions provided for in 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.

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Article 83 Article 83 Article 83 Transparency Transparency Transparency

AMD 198

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:

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

to establish the fees establish the fees or (a) the fees or charges Not acceptable

provided for in Article contributions to the costs provided for in Articles

77(1); provided for in Article 77(1); 77(2), 77 (3) and 77 bis;

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

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

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(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 or

charges.

(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 to the public the following information for each following information for each following information referred reference period: reference period: to in paragraph 1 for each reference period, the costs to the competent authority for which a
fee or charges 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;

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(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); 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 or charges provided for in Articles 77(2), 77(3) and 77 bis.

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Article 84 Article 84 Article 84 Expenses arising from additional Expenses arising from additional Expenses arising from additional

official controls and from official controls and from official controls and from enforcement measures enforcement measures enforcement measures

Competent authorities shall charge fees AMD 199 Deleted (Article 84) Not acceptable

to cover the additional costs they have Competent authorities shall charge fees incurred as a result of: or contributions to the costs to cover

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 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;

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(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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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), official 1. In accordance with rules referred certification shall take the form to in Article 1(2), oOfficial

of: 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 tasks related to 2. Where the competent authorities

the issuance of official delegate specific certain tasks 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

Articles 25 to 32. comply with the provisions of Articles 25 to 32.

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Article 86 Article 86 Article 86 Official certificates Official certificates Official certificates 1. When the rules referred to in

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

89 shall apply. provisions of Articles 87, 88 and 89 shall apply.

2.

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

which are necessary for the apply to official certificates purposes of exporting which are necessary for the consignments of animals and purposes of exporting

goods to third countries. 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. 5

5 It is suggested to add a sentence in Recital (30) reading as follows:" Furthermore, as regards the establishments of models for export

certificates, the implementing powers provided for in Article 89(a) should only apply where such certification is provided for in Union law , and in particular in bilateral agreements concluded between the Union and a third country or an association of 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 issued by the competent 1. Official certificates shall be Not acceptable authorities. 1. Official certificates shall be issued issued by the competent 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:

ANNEX DGB 2B LIMITE EN

(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 is being certified and act relation to what is being certified interest in relation to what is being impartially; and act independently and certified and act impartially;

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 officer 3. Official certificates shall be 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;

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

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

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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;

(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;

(c) be authentic and accurate; (c) be authentic and accurate;

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(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, where appropriate,:

(a) the temporary suspension

of the certifying officer (a) the temporary suspension of

from its duties; the certifying officer from its duties;

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(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;

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(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 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 themselves, paragraphs 2, 3 and

8237/3/15 REV 3 AG/tl 145

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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 AMD 206

the official languages of (b) be drawn up in one of the official (b) be drawn up in one or more of Not acceptable. the institutions of the languages of the institutions of the official languages of the Union; the Union; or in any of the institutions of the Union and,

See Article 342 of the TFEU as

official languages of a Member where relevant, in one of the

regards this expression.

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 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:

ANNEX DGB 2B LIMITE EN

(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.

ANNEX DGB 2B LIMITE EN

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);

(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, 9 September 2015

PUBLIC

(OR. en)

8237/3/15

WORKING DOCUMENT

ANNEX

subparagraph 2 – point a a (new)

AMD 158

Article 53 – paragraph 2 a (new)

Article 54 – paragraph 2 a (new)

AMD 172

CONTROLS

AUTHORITIES IN RELATION TO

CONSIGNMENTS FROM THIRD

COUNTRIES

Article 73 – paragraph 1 a (new)

Member States may collect fees

AMD 197, 315 and 348

AMD 198

charges.

b a (new)

AMD 201

in this Regulation.

(aa) bear a unique code;

See Article 342 of the TFEU as

regards this expression.

3.

Behandeld document

4.

Meer informatie

5.

EU Monitor