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Commission Delegated Regulation (EU) 2019/2124 SECTION 4 — Derogations for consignments in transit

Article 34–Article 36 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Transit of certain animals and certain goods

Article 34

1.   By way of derogation from Articles 18 and 19, the competent authorities of the border control posts of introduction into the Union may authorise transit through the Union territory of the following consignments subject to the compliance with the conditions laid down in paragraph 2: (a) Transit by road through Lithuania of consignments of bovine animals for breeding and production, coming from the Russian region of Kaliningrad and consigned to a destination outside the Union, entering and exiting through the designated border control posts of Lithuania. (b) Transit by road or by rail through the Union of consignments of aquaculture animals, between border control posts in Latvia, Lithuania and Poland, coming from and destined for Russia, directly or via another third country. (c) Transit by road or by rail through the Union of consignments of products of animal origin, composite products, animal by-products, derived products and germinal products of bovine, porcine, ovine, caprine, equine animals, specified pathogen-free eggs, between border control posts in Latvia, Lithuania and Poland, coming from and destined to Russia, directly or via another third country. (d) Transit by road or rail of consignments of eggs, egg products and poultry meat, between border control posts in Lithuania, coming from Belarus and destined for the Russian region of Kaliningrad. (e) Transit by road through Croatia of consignments of aquaculture animals, products of animal origin, composite products, animal by-products, derived products and germinal products of bovine, porcine, ovine, caprine, equine animals, specific pathogen free eggs coming from Bosnia and Herzegovina, entering at the road border control post of Nova Sela and exiting at the port border control post of Ploče. 2.   The authorisation referred to in paragraph 1 shall be subject to compliance with the following conditions: (a) The competent authorities of the border control post of introduction into the Union shall: (i) perform documentary checks, identity checks and physical checks for consignments of animals as provided for in Article 18; (ii) perform documentary checks and identity checks for consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products as provided for in Article 19; (iii) stamp the official certificates accompanying the consignments intended for the third country of destination ‘ONLY FOR TRANSIT VIA THE EU’; (iv) retain copies or electronic equivalents of the certificates referred to in (iii) at the border control post of introduction into the Union; (v) seal the vehicles or transport containers transporting the consignments. (b) The operator responsible for the consignment shall ensure that consignments are directly transported under customs supervision, without being unloaded, to the border control post where consignments are to leave the Union territory. (c) The competent authorities of the border control post where the goods leave the Union territory shall: (i) perform an identity check to confirm that the consignment covered by the accompanying CHED actually leaves the Union territory. In particular, they shall verify that the seals fixed on the vehicles or transport containers are still intact; (ii) record the outcome of the official controls referred to in (i) in the IMSOC. (d) The competent authorities of the Member States shall carry out risk-based controls to ensure that the number of consignments and the quantities of animals and goods leaving the Union territory match the number and quantities entering the Union territory.

Transit of goods to NATO or US military base located in the Union territory

Article 35

1.   Products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products destined for a NATO or US military base located in the Union territory, shall be presented by the operator responsible for the consignment for official controls at the NATO or US military base indicated in the CHED or in the accompanying official certificate in accordance with the model set out in Annex to Implementing Regulation (EU) 2019/2128. 2.   The competent authority responsible for controls at the NATO or US military base at the place of destination shall perform an identity check to confirm that the consignment corresponds to the one covered by the CHED or by the accompanying official certificate in accordance with the model laid down in Annex to Commission Implementing Regulation (EU) 2019/2128. In particular, it shall verify that the seals fixed on the vehicles or transport containers, in accordance with point (d) of Article 19 and point (e) of Article 29, are still intact. The competent authority responsible for controls at the NATO or US military base shall record the outcome of these controls in the IMSOC.

Transit of goods refused by a third country after their transit through the Union

Article 36

1.   The competent authorities of the road or of the rail border control post of introduction into the Union may authorise further transit through the Union territory of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products subject to compliance with the following conditions: (a) the consignment of goods was refused entry by a third country immediately after their transit through the Union or the seals placed by the competent authorities referred to in point (d) of Article 19, point (d) of Article 28 or point (e) of Article 29 on the vehicle or transport container are still intact; (b) the consignment complies with the rules laid down in points (a), (b) and (c) of Article 19. 2.   The competent authorities of the road or of the rail border control post of introduction into the Union shall re-seal the consignment after the checks referred to in points (b) and (c) of Article 19. 3.   The operators shall directly transport the consignment to one of the following destinations: (a) the border control post which authorised transit through the Union; or (b) the warehouse where it was stored before refusal by a third country.

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