Commission Delegated Regulation (EU) 2019/1602 of 23 April 2019 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 (Text with EEA relevance.)

• CELEX: Delegated Regulation (EU) 2019/1602
• Articles: 7

Article 1 Subject matter and scope

1.   This Regulation establishes the cases where and the conditions under which the Common Health Entry Document referred to in Article 56 of Regulation (EU) 2017/625 (‘CHED’) is required to accompany to the place of destination each consignment of the categories of animals and goods referred to in Article 47(1) of Regulation (EU) 2017/625 which is intended to be placed on the market (‘consignment’).

2.   This Regulation does not apply to consignments in transit.

Article 2 Definition

For the purposes of this Regulation, ‘place of destination’ means the place where the consignment is delivered for final unloading, as stated in the CHED.

Article 3 Cases where the CHED shall accompany consignments to their place of destination

A CHED shall accompany each consignment irrespective of whether or not it is split at the border control post or subsequent to leaving the border control post but before being released for free circulation in accordance with Article 57(2)(b) of Regulation (EU) 2017/625.

Article 4 Conditions for the CHED accompanying consignments which are not split

Where a consignment is not split before being released for free circulation in accordance with Article 57(2)(b) of Regulation (EU) 2017/625, the following requirements shall apply:

(a)

the operator responsible for a consignment shall ensure that a copy, on paper or in electronic form, of the CHED accompanies the consignment to the place of destination and until it is released for free circulation in accordance with Article 57(2)(b) of Regulation (EU) 2017/625;

(b)

the operator responsible for the consignment shall indicate the reference number of the CHED in the customs declaration lodged with the customs authorities and shall keep a copy of that CHED at the disposal of the customs authorities in accordance with Article 163 of Regulation (EU) No 952/2013;

(c)

the customs authorities shall communicate to the IMSOC the information on the quantity of the consignment stated in the customs declaration and shall only allow the placing of the consignment under a customs procedure when the total quantity set out in the CHED is not exceeded. This requirement shall not apply where the consignment is to be placed under the customs procedures referred to in points (a) and (b) of Article 210 of Regulation (EU) No 952/2013.

Article 5 Conditions for the CHED accompanying consignments split at the border control post

1.   Where a consignment is to be split at the border control post, the following requirements shall apply:

(a)

when giving prior notification in accordance with Article 56(3) of Regulation (EU) 2017/625, the operator responsible for the consignment shall declare the border control post as the place of destination in the CHED for the entire consignment;

(b)

upon finalisation of the CHED for the entire consignment by the competent authority at the border control post in accordance with Article 56(5) of Regulation (EU) 2017/625, the operator responsible for the consignment shall request that the consignment be split and shall submit, through the IMSOC, a CHED for each part of the split consignment, and declare therein the quantity, the means of transport and the place of destination for the relevant part of the split consignment;

(c)

the competent authority at the border control post shall finalise the CHEDs for the individual parts of the split consignment in accordance with Article 56(5) of Regulation (EU) 2017/625, provided that the sum of the quantities declared in those CHEDs does not exceed the total quantity set out in the CHED for the entire consignment.

(d)

the operator responsible for the consignment shall ensure that a copy, on paper or in electronic form, of the CHED for each part of the split consignment accompanies the relevant part of the split consignment to the place of destination stated therein and until it is released for free circulation in accordance with Article 57(2)(b) of Regulation (EU) 2017/625.

(e)

the operator responsible for the consignment shall indicate the reference number of the CHED for each part of the split consignment in the customs declaration lodged with the customs authorities and shall keep a copy of that CHED at the disposal of the customs authorities in accordance with Article 163 of Regulation (EU) No 952/2013;

(f)

the customs authorities shall communicate to the IMSOC the information on the quantity of the relevant part of the split consignment stated in the customs declaration and shall only allow the placing of that part under a customs procedure when the total quantity set out in the CHED for the part of the split consignment is not exceeded. This requirement shall not apply where the consignment is to be placed under the customs procedures referred to in points (a) and (b) of Article 210 of Regulation (EU) No 952/2013.

2.   In the case of a non-compliant consignment to be split at the border control post, where the competent authority at the border control post orders the operator to take one or more of the actions referred to in Article 66(4) of Regulation (EU) 2017/625 in respect of a part of the consignment only, the following requirements shall apply:

(a)

upon finalisation of the CHED for the entire consignment, the operator responsible for the consignment shall submit a CHED for each part of the split consignment and declare therein the quantity, the means of transport and the place of destination for that part;

(b)

the competent authority at the border control post shall finalise the CHEDs for the individual parts of the split consignment in accordance with Article 56(5) of Regulation (EU) 2017/625, taking into account the decision taken for each part of the split consignment;

(c)

paragraph 1 (d), (e) and (f) shall apply to each part of the split consignment.

Article 6 Conditions for the CHED accompanying consignments under customs supervision split after leaving the border control post

Where a consignment is to be split after leaving the border control post and before being released for free circulation in accordance with Article 57(2)(b) of Regulation (EU) 2017/625, the following requirements shall apply:

(a)

the operator responsible for the consignment shall ensure that a copy, on paper or in electronic form, of the CHED accompanies each part of the split consignment until it is released for free circulation in accordance with Article 57(2)(b) of Regulation (EU) 2017/625;

(b)

for each part of the split consignment, the operator responsible for the consignment shall indicate the reference number of the CHED in the customs declaration lodged with the customs authorities and shall keep a copy of that CHED at the disposal of the customs authorities in accordance with Article 163 of Regulation (EU) No 952/2013;

(c)

for each part of the split consignment, the customs authorities shall communicate to the IMSOC the information on the quantity stated in the customs declaration for that part and shall only allow the placing of that part under a customs procedure where the total quantity set out in the CHED is not exceeded. This requirement shall not apply where the consignment is to be placed under the customs procedures referred to in points (a) and (b) of Article 210 of Regulation (EU) No 952/2013.

Article 7 Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

It shall apply from 14 December 2019.

However, the following provisions shall apply in each Member State from the date on which the customs electronic data-processing techniques referred to in Article 6(1) of Regulation (EU) No 952/2013 become operational in that Member State or from 1 March 2023, whichever is the earlier:

(a)

point (c) of Article 4;

(b)

point (f) of Article 5(1);

(c)

point (c) of Article 6.

The Member States shall inform the Commission and the other Member States of the date on which those electronic data-processing techniques become operational.