Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission Consultation, 12 February 2019
COMMISSION DELEGATED REGULATION (EU) …/... of XXX supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination 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-2018-5253137_en. Consultation closes 12 March 2019. |
The following are the recitals from the draft regulation:
Regulation (EU) 2017/625 of the European Parliament and of the Council establishes rules on the performance of official controls by the competent authorities of the Member States on animals and goods entering the Union in order to verify compliance with Union agri-food chain legislation.
As rules on the cases when, and the conditions under which, the CHED should accompany consignments in transit are to be laid down in a separate delegated act to be adopted pursuant to Article 51(1) of Regulation (EU) 2017/625, this Regulation should only apply to consignments intended to be placed on the market in the Union.
Regulation (EU) 2017/625 provides that consignments of animals and goods entering the Union through designated border control posts are to be accompanied by the Common Health Entry Document (‘CHED’). Once the official controls have been performed and the CHED has been finalised, the consignments may be split into different parts, according to the commercial needs of the operator.
With a view to ensure traceability of consignments and proper communication with the competent authority at the place of destination, rules should be established on the conditions and the practical arrangements under which the CHED should accompany consignments intended for placing on the market to their destination. In particular, it is appropriate to lay down detailed rules related to the CHED for the cases where consignments are split.
In order to ensure the traceability of consignments that are split at the border control post after official controls have been performed and the CHED has been finalised by the competent authority, it is appropriate to require that the operator responsible for the consignment also submits, through the information management system for official controls (‘IMSOC’) referred to in Article 131 of Regulation (EU) 2017/625, a CHED for each part of the split consignment, which should be finalised by the competent authorities of the border control post and should accompany each part of the split consignment to the destination declared in the respective CHED.
For the purposes of preventing the fraudulent reuse of the CHED, it is appropriate to require the customs authorities to communicate to the IMSOC the information on the quantity of the consignment stated in the customs declaration, so as to ensure that the quantities stated in such customs declaration are deducted from the total allowed quantity declared in the CHED. Customs authorities are required to exchange information using the customs electronic data-processing techniques referred to in Article 6(1) of Regulation (EU) 952/2013 of the European Parliament and of the Council2. Those electronic data-processing techniques should be used for the purposes of this Regulation. In order to allow the customs authorities sufficient time to set up those techniques, it is appropriate to provide that the obligation to communicate the information on the quantity of the consignments to the IMSOC applies in each Member State as from the date on which those techniques become operational in that Member State or from 1 March 2023, whichever is earlier.
Since Regulation (EU) 2017/625 applies from 14 December 2019, this Regulation, should also apply from that date.
