Delegated regulation 2019/1012 - Supplement to Regulation 2017/625 by derogating from the rules on the designation of control points and from the minimum requirements for border control posts - Main contents
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Commission Delegated Regulation (EU) 2019/1012 of 12 March 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts (Text with EEA relevance.)| Legal instrument | delegated regulation |
|---|---|
| Number legal act | Delegated regulation 2019/1012 |
| CELEX number i | 32019R1012 |
| Document | 12-03-2019; Date of adoption |
|---|---|
| Publication in Official Journal | 21-06-2019; OJ L 165 p. 4-7 |
| Effect | 11-07-2019; Entry into force Date pub. +20 See Art 5 14-12-2019; Application See Art 5 |
| End of validity | 31-12-9999 |
21.6.2019 |
EN |
Official Journal of the European Union |
L 165/4 |
COMMISSION DELEGATED REGULATION (EU) 2019/1012
of 12 March 2019
supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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 and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulation (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular Article 62(3) and Article 64(2) and (5) thereof,
Whereas:
(1) |
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. It provides that official controls are to be performed on certain consignments of animals and goods at the border control post of first arrival into the Union. To that end, Member States are to designate border control posts. |
(2) |
Regulation (EU) 2017/625 provides that Member States are to notify the Commission before designating border control posts, so that the Commission can verify and, where necessary, carry out controls to check if they comply with the minimum requirements for the designation laid down therein. Regulation (EU) 2017/625 empowers the Commission to lay down certain detailed rules on these minimum requirements. Those detailed rules have been laid down in Commission Implementing Regulation (EU) 2019/1014 (2), (hereinafter collectively referred to as ‘the minimum requirements’). Regulation (EU) 2017/625 also provides that Member States are to withdraw the designation of the border control post where it ceases to comply with the requirements for the designation for all or for certain categories of animals and goods for which the designation was made. |
(3) |
However, where the withdrawal of the designation was partial because it concerned a specific category of animals or a specific category of goods, or all categories of animals or all categories of goods where the border control post was designated for categories of animals and goods, Member States should be allowed to re-designate the border control post for those categories of animals or goods for which the designation was withdrawn without being first required to give the Commission the opportunity to carry out controls to verify compliance with the minimum requirements. In such cases, addressing the non-compliance should not involve actions as extensive as those necessary to designate a border control post for the first time. It is therefore appropriate to establish rules whereby Member States are allowed to re-designate the border control post for those categories of animals or goods without being first... |
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