Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission Consultation, 8 April 2019
COMMISSION DELEGATED REGULATION (EU) …/... of XXX supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in 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-2018-2570917_en. Consultation closes 13 March 2019. |
The following are the recitals from the draft regulation:
Regulation (EU) 2017/625 establishes rules on the performance of official controls by the competent authorities of the Member States on goods entering the Union in order to verify compliance with Union agri-food chain legislation.
Article 47(1)(b) of Regulation (EU) 2017/625 specifies the categories of goods subject to official controls at the border control post of first arrival into the Union. Those goods include products of animal origin, germinal products, animal by-products and foodstuffs containing both products of plant origin and processed products of animal origin (composite products).
When consignments of certain goods referred to in Article 47(1)(b) of Regulation (EU) 2017/625 are imported into the Union, in certain cases, Union legislation provides that their transport from the border control post of arrival to the establishment at the place of destination and their arrival at their place of destination in the Union is to be monitored, in order to prevent any risks for public and animal health.
Council Directive 97/78/EC [see Note 1 below] lays down rules governing the organisation of veterinary checks on products entering the Union from third countries and conditions regarding the transport of products which are to be monitored pursuant to Union legislation from the border inspection post of arrival to the establishment at the place of destination. These rules provide, inter alia, that consignments of such products are to be dispatched from the border inspection post of arrival to the establishment at the place of destination under the supervision of the competent authority in leak-proof vehicles or containers sealed by the competent authority.
In addition, for certain animal by-products not intended for human consumption, Commission Regulation (EU) No 142/2011 [see Note 2 below] requires the transport of consignments of such by-products to be carried out in accordance with the rules laid down in Directive 97/78/EC. Those animal by-products include certain blood and blood products, petfood, other than raw petfood, rendered fats imported for purposes outside the feed chain for farmed animals, horns and horn products, excluding horn meal, and hooves and hoof products, excluding hoof meal, intended for the production of organic fertilisers or soil improvers.
Union law also provides for the monitoring of consignments of unskinned, furred wild game in accordance with rules for the performance of specific official controls laid down in accordance with Article 77(1)(b) of Regulation (EU) 2017/625 and for products of animal origin and foodstuffs containing both products of plant origin and processed products of animal origin (‘composite products’) in accordance with rules for additional public health conditions originating from, and returning to, the Union following a refusal of entry by a third country laid down in accordance with Article 77(1)(h) and Article126(1) of Regulation (EU) 2017/625.
Directive 97/78/EC has been repealed by Regulation (EU) 2017/625 with effect from 14 December 2019. It is therefore appropriate to lay down rules for the monitoring of the transport and arrival of consignments of certain goods referred to in Article 47(1)(b) of Regulation (EU) 2017/625 from the border control post of arrival to the establishment at the place of destination. These rules should apply where the transport from the border control post of arrival to the establishment at the place of destination in the Union and the arrival at the establishment of destination is required to be monitored in accordance with Union legislation.
In order to provide effective monitoring of the transport and arrival of consignments from the border control post of arrival until their arrival at the establishment at their place of destination, the goods should be transported directly to the establishment at the place of destination indicated in the Common Health Entry Document (CHED).
In order to prevent any risks to animal health and to public health, the arrival of the goods at the establishment at the place of destination indicated in the CHED (“place of destination”) should be monitored. The competent authority of the border control post of arrival should indicate to the competent authority responsible for performing official controls at the establishment at the place of destination that the goods have left the border inspection post and are on the way to the establishment at the place of destination indicated in the CHED. If the goods do not arrive at the establishment at the place of destination, the competent authority of the border control post of arrival and the competent authority responsible for the establishment at the place of destination should initiate appropriate follow-up action in accordance with Regulation (EU) 2017/625 with respect to the operator responsible for the consignment.
Regulation (EEC, EURATOM) No 1182/71 of the Council [see Note 3 below] determines the general rules applicable to periods, dates and time limits to ensure the uniform application of Union law. Therefore, the rules laid down in that Regulation should be taken into account for the calculation of the time limits laid down in this Regulation.
Regulation (EU) 2017/625 applies from 14 December 2019. Accordingly, the rules laid down in this Regulation should also apply from that date.
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