Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
|
|
Commission Consultation, 15 January 2019
 |
COMMISSION IMPLEMENTING REGULATION (EU) …/... of XXX on prior notification of consignments of certain categories of animals and goods entering the Union A copy of this draft is available on this site (click on image). For more details, see the consultation page at: https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-1213844_en. Consultation closes 12 February 2019. |
The following are the recitals from the draft regulation:
Regulation (EU) 2017/625 establishes inter alia the framework for the performance of official controls and other official activities on animals and goods entering the Union from third countries to verify compliance with Union legislation in order to protect human, animal and plant health, animal welfare and, in relation to genetically modified organisms (GMO) and plant protection products, also the environment. That framework includes official controls performed on animals and goods entering the Union from third countries through designated border control posts.
Regulation (EU) 2017/625 requires the operator responsible for certain consignments entering the Union to give prior notification to the competent authorities of the border control posts before the arrival of the consignments. In order to enable those authorities to perform their official controls in a timely and effective manner, it is appropriate to fix the minimum period for giving prior notification at one working day before arrival of the consignments.
However, due to transport related logistical constraints, the prior notification period of one working day before arrival of the consignment may not be possible to comply with in certain cases. This may for example be the case when the consignment is transported from the place of dispatch to the border control post in less than 24 hours, and the information needed to complete the relevant parts of the Common Health Entry Document (CHED) required for giving prior notification in accordance with point (a) of Article 56(3) of Regulation (EU) 2017/625 is not available before the consignment is loaded. In those cases, Member States should be allowed to require that prior notification is made at least four hours before the arrival of the consignment, so that a timely and effective performance of official controls could be ensured also under such circumstances.
Commission Delegated Regulation [xxxx] provides for Member States to designate border control posts for imports of unprocessed logs and sawn and chipped wood by exempting them from certain border control post minimum requirements due to specific geographical constraints. That Regulation also provides for a mobile official controls team to perform official controls and other official activities at the border control post designated for the aforementioned goods. Therefore, to allow sufficient time for the organisation of official controls and other official activities at those border control posts, a derogation from the rules on the minimum time for the prior notification of the arrival of consignments should be provided in this Regulation.
Since Regulation (EU) 2017/625 applies from 14 December 2019, this Regulation should also apply from that date.
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed.
