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.)
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.)
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
This Regulation lays down rules concerning:
(a)
the re-designation of a border control post or of a control point other than a border control post where the designation has been partially withdrawn;
(b)
border control posts situated at a distance other than in the immediate vicinity of the point of entry into the Union due to specific geographical constraints;
(c)
the designation of border control posts for imports of unprocessed logs and sawn and chipped wood to take account of specific geographical constraints.
Re-designation of a border control post or of a control point other than a border control post following the partial withdrawal of its designation
1. By way of derogation from Article 59(3), (4) and (5) of Regulation (EU) 2017/625, where a Member State has withdrawn the designation of a border control post or of a control point other than a border control post as referred to in Article 53(1)(a) of that Regulation, for certain categories of animals or goods as a result of non-compliance with the minimum requirements referred to in Article 64(3) of that Regulation or with the detailed rules on the minimum requirements laid down in Implementing Regulation (EU) 2019/1014, the Member State may re-designate that border control post or that control point (hereinafter ‘the re-designation’) in accordance with paragraphs 2 to 5 of this Article.
2. Prior to the re-designation referred to in paragraph 1, the Member State shall notify the Commission of the measures it has taken to remedy the non-compliance with the minimum requirements referred to in paragraph 1.
3. Within a period of one month starting from the date of receipt of the notification, the Commission shall assess whether the measures taken are sufficient to ensure compliance with the minimum requirements and, within that period, it shall inform the Member State of the outcome of its assessment.
4. The Member State shall proceed with the re-designation only where it has been informed by the Commission, in accordance with paragraph 3, that the measures taken by the Member State are sufficient to ensure compliance with the minimum requirements.
5. The re-designation in accordance with paragraph 4 may only take place within a period of two years starting from the date of the partial withdrawal of the designation referred to in paragraph 1.
After that period of two years, the re-designation may only take place in accordance with Article 59 of Regulation (EU) 2017/625.
Border control posts situated at a distance other than in the immediate vicinity of the point of entry into the Union
1. By way of derogation from Article 64(1) of Regulation (EU) 2017/625, border control posts may be situated at a distance other than in the immediate vicinity of the point of entry into the Union, provided that:
(a)
this is necessitated by specific geographical constraints in accordance with paragraph 2, and
(b)
the conditions laid down in paragraph 3 are fulfilled.
2. The geographical constraints referred to in paragraph 1 shall be such as to prevent or restrict the efficient performance of official controls and other official activities.
Those geographical constraints shall consist of one or more of the following:
(a)
points of entry with a geographical configuration that imposes major constraints on the transportation system;
(b)
points of entry subject to recurrent floods in certain periods of the year;
(c)
maritime wharves surrounded by cliffs;
(d)
border roads which cross a high pass;
(e)
rail transport of animals and goods which makes it necessary to locate the border control post at the first station stop; or
(f)
points of entry with no suitable land to enable the border control post and its facilities to be located in their immediate vicinity.
3. Where a Member States decides to designate one or more border control posts referred to in paragraph 1, the designation shall be subject to compliance with the following conditions:
(a)
the distance of the border control post from the point of entry into the Union is commensurate to the need to overcome the constraints of geography and it does not go beyond that need; and
(b)
the border control post and the point of entry are under the competence of the same customs authority so that consignments can be moved from the point of entry to the border control posts without being placed and handled under a customs procedure.
4. The border control post shall be situated at a sufficient distance from establishments or places where animals, plants, plant products or other objects, which are susceptible to being infected by transmissible diseases or pests, are kept or grown.
Exemptions for border control posts for imports of unprocessed logs and sawn and chipped wood
1. The exemption provided for in paragraph 2 shall apply to border control posts which, due to the long coastline or borders of the Member State concerned, only operate at the time of performing controls on consignments of unprocessed logs and sawn and chipped wood (‘the border control posts concerned’).
2. Member States may designate the border control posts concerned and exempt them from the obligations referred to in Article 64(3)(a), (c) and (f) of Regulation (EU) 2017/625, provided the following conditions are fulfilled:
(a)
arrangements are in place to prevent at all times any undetected entry into the Union of consignments of unprocessed logs and sawn and chipped wood;
(b)
the border control post concerned has access to a sufficient number of suitably qualified staff in the form of a mobile official control team of the competent authorities, able to reach the border control post concerned before the arrival of the consignments to perform official controls on unprocessed logs and sawn and chipped wood;
(c)
the competent authorities' mobile official control team provides or has immediate access to:
(i)
the equipment, premises and other facilities referred to in Article 64(3)(c) of Regulation (EU) 2017/625; and
(ii)
the technology and IT equipment referred to in Article 64(3)(f) of that Regulation.
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union .
It shall apply from 14 December 2019.
