Commission Delegated Regulation (EU) 2019/2125 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules concerning the performance of specific official controls of wood packaging material, notification of certain consignments and measures to be taken in cases of non-compliance
Subject matter and scope
1. This Regulation lays down rules for the performance of specific official controls of wood packaging material or wood products (excluding paper products) intended for supporting, protecting or carrying a commodity entering the Union territory, whether or not actually in use in the transport of objects of all kind (‘wood packaging material’), and measures in case of non-compliance.
2. This Regulation also establishes cases where and conditions under which the competent authorities may request operators to notify the arrival of certain consignments entering the Union territory in which wood packaging material is present.
3. This Regulation does not apply to wood packaging material referred to in the second subparagraph of Article 43(1) of Regulation (EU) 2016/2031 concerning the exemptions provided under the International Standard for Phytosanitary Measures No 15 — Regulation of Wood Packaging Material in International Trade (ISPM15).
Monitoring plan
The competent authorities shall develop a monitoring plan on wood packaging material on the basis of a risk analysis taking into account at least the following:
(a)
the number and results of specific official controls conducted in previous years on wood packaging material carried out by the competent authorities, on the basis of information from the information management system for official controls (IMSOC);
(b)
the history of compliance by the third country, the exporter or the operator responsible for consignments, with Regulation (EU) 2016/2031, in particular Article 43(1) and point (a) of the first subparagraph of Article 96(1) of that Regulation;
(c)
where available, information from customs authorities and from other sources regarding the number of consignments entering the Union in which wood packaging material is present and the country of origin of the consignment.
Notification of consignments
The competent authorities may request operators responsible for the consignment to notify, by way of the IMSOC, by way of existing national information systems or in another way agreed to by the competent authority, within a reasonable time in advance specified by the competent authorities , the arrival of consignments entering the Union territory in which wood packaging material is present.
Specific official controls on wood packaging material
1. The competent authorities shall select for physical checks consignments in which wood packaging material is present, on the basis of:
(a)
the monitoring plan referred to in Article 2;
(b)
where applicable, information provided in the notifications referred to in Article 3; and
(c)
any other relevant information at their disposal.
2. The competent authorities shall carry out physical checks of the consignments that have been selected in accordance with paragraph 1, to verify their compliance with the import requirements laid down in Article 43(1) and point (a) of the first subparagraph of Article 96(1) of Regulation (EU) 2016/2031.
3. The competent authorities may require the customs authorities, if deemed necessary for the purpose of physical checks in accordance with paragraph 2 and for the duration of those checks , to detain selected consignments in which wood packaging material is present.
4. While performing specific official controls, the competent authorities shall have access to the entire consignment, in a way that the physical checks referred to in paragraph 2 may be carried out on the entirety of the wood packaging material present in the consignment.
5. Within three working days from the beginning of the detention of the consignment in which wood packaging material is present, the competent authority shall submit to the customs authorities the results of the checks of the detained consignment.
6. Where physical checks cannot be completed within three working days from the beginning of the detention of the consignment in which wood packaging material is present, the competent authorities may request the customs authorities to continue the detention of the consignment for additional three working days in order to complete the checks.
In this case, if technically possible, the customs authority may release the consignment if the operator responsible for the consignment separates the wood packaging material from the consignment.
7. A consignment that has been detained by the customs authorities pursuant to paragraph 3 shall be released if, within three working days from the beginning of the detention, the competent authorities have not submitted the results of the checks in accordance with paragraph 5 or have not requested the customs authorities to continue the detention for additional three working days in accordance with paragraph 6.
Reporting of results of specific official controls
1. After the completion of the specific official controls in accordance with Article 4, the competent authorities shall:
(a)
complete the Common Health Entry Document (CHED) with the results of specific official controls as referred to in Article 56(3)(b)(i) of Regulation (EU) 2017/625;
(b)
submit the results of the specific official controls of the wood packaging material to the IMSOC directly or via existing national systems; and
(c)
notify the operator responsible for the consignments in which wood packaging material is present and the customs authorities of the results of the specific official controls.
2. Where the operator responsible for the consignment in which wood packaging material is present is notified by the competent authorities of the results of the specific official controls through a CHED, the operator shall provide the reference number of the CHED as a supporting document as referred to in Article 163 of Regulation (EU) No 952/2013 to any customs declaration which is lodged with the customs authorities for this consignment.
Measures in cases of non-compliance
1. The competent authorities shall order, in accordance with Article 66 of Regulation (EU) 2017/625, destruction, re-dispatch or special treatment of wood packaging material that does not comply with the requirements set out in Article 43(1) and point (a) of the first subparagraph of Article 96(1) of Regulation (EU) 2016/2031.
However, where such non-compliant wood packaging material is found during physical checks in accordance with Article 4 at the consignment’s point of release for free circulation in the Union or at the consignment’s place of destination, as referred in Article 44(3)(c) and (e) of Regulation (EU) 2017/625, the competent authorities shall order the operator concerned to destroy the wood packaging material without delay. Prior to and during destruction, the wood packaging material shall be handled in a way that prevents spreading of Union quarantine pests as defined in Article 4 of Regulation (EU) 2016/2031.
2. Where the competent authorities decide to order the operator responsible for the consignment to re-dispatch non-compliant wood packaging material outside the Union pursuant to point (b) of the first subparagraph of Article 66(3) of Regulation (EU) 2017/625, the consignment in which non-compliant wood packaging material is present shall remain under official customs supervision, in accordance with the appropriate customs procedure, until the non-compliant wood packaging material leaves the Union territory.
Entry into force and date of 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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
