Amendments
Article 1
Implementing Regulation (EU) 2019/1715 is amended as follows: 1. in Chapter 1, Article 2 is amended as follows: (a) point (8) is deleted; (b) point (9) is replaced by the following: ‘(9) “RASFF network” means the Rapid alert system established as a network by Article 50 of Regulation (EC) No 178/2002 for the notifications referred to in points (15) to (20) of this Article;’; (c) point (11) is replaced by the following: ‘(11) “fraud network” means the network composed of the Commission, Europol and the liaison bodies designated by the Member States in accordance with Article 103(1) of Regulation (EU) 2017/625 for the specific purpose of facilitating the exchange of information on fraud notifications as defined in point (21);’; (d) point (12) is replaced by the following: ‘(12) “alert and cooperation network” means a network composed of the RASFF, AAC and fraud networks;’; (e) point (14) is replaced by the following: ‘(14) “non-compliance notification” means a notification in iRASFF of a non-compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625 that does not represent a risk within the meaning of Article 50 of Regulation (EC) No 178/2002 and Article 29 of Regulation (EC) No 183/2005;’; (f) point (20) is replaced by the following: ‘(20) “border rejection notification” means a notification in iRASFF of a rejection of a batch, container or cargo of food, food contact material or feed due to a risk as referred to in point (c) of the first subparagraph of Article 50(3) of Regulation (EC) No 178/2002 and Article 29 of Regulation (EC) No 183/2005;’; (g) point (21) is replaced by the following: ‘(21) “fraud notification” means a non-compliance notification in iRASFF concerning suspected intentional action by businesses or individuals for the purpose of deceiving purchasers and gaining undue advantage therefrom, in violation of the rules referred to in Article 1(2) of Regulation (EU) 2017/625;’; (h) point (22) is replaced by the following: ‘(22) “original notification” means a non-compliance notification, an alert notification, an information notification, a news notification, a fraud notification or a border rejection notification;’; (i) points (33) and (34) are deleted; 2. in Chapter 2, Article 6(2) is amended as follows: (a) point (b) is replaced by the following: ‘(b) EUROPHYT and TRACES, allowing the exchange of data concerning EUROPHYT outbreak notifications;’; (b) point (c) is replaced by the following: ‘(c) iRASFF and TRACES, allowing the exchange of data concerning operators’ past records as regards compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625;’; (c) the following point is added: ‘(d) ADIS and TRACES, allowing the exchange of data and information concerning Union notifications.’; 3. in Chapter 3, Section 1 is amended as follows: (a) Article 12 is replaced by the following: ‘Article 12 Liaison bodies responsible for the exchange of certain types of information Member States shall indicate which of the liaison bodies designated in accordance with Article 103(1) of Regulation (EU) 2017/625 are responsible for exchanging information on fraud notifications.’; (b) in Article 13, paragraph 2 is replaced by the following: ‘2. Member States may include their fraud network contact point in their single contact point.’; (c) Article 21 is replaced by the following: ‘Article 21 Fraud notifications 1. Fraud network contact points shall exchange fraud notifications including at least the following: (a) all the information required by Article 16(1); (b) a description of the suspected fraudulent practice; (c) the identification, where possible, of the operators involved; (d) information as to whether there are ongoing police or judicial investigations into the suspected fraudulent practice; (e) information on any instructions from the police or judicial authorities as soon as they are available and can be disclosed. 2. Fraud network contact points shall communicate any information concerning health risks to their RASFF network contact point without undue delay. 3. The Commission contact point shall verify each fraud notification after it has been exchanged, without undue delay.’; (d) in Article 23, paragraph 3 is replaced by the following: ‘3. Without prejudice to the Commissions’ right of access pursuant to Article 8(2), only the notifying, notified and requested contact points of the fraud network shall have access to fraud notifications.’; (e) in Article 24, paragraph 2 is replaced by the following: ‘2. By way of derogation from paragraph 1, verification of non-compliance, fraud and border rejection notifications shall cover points (b), (c) and (e) of that paragraph.’; (f) in Article 25(1), point (a) is replaced by the following: ‘(a) a notifying contact point to withdraw a non-compliance, fraud or follow-up notification;’; (g) in Article 27, paragraph 2 is replaced by the following: ‘2. Where a non-compliance or fraud notification concerns a product originating in or distributed to a third country that does not have access to iRASFF or TRACES, the Commission may inform that third country.’; (h) in Article 28(1), point (c) is replaced by the following: ‘(c) the fraud network contact points shall exchange information on fraud notifications via email;’; 4. in Chapter 3, Section 2 is replaced by the following: ‘SECTION 2 ADIS Article 29 ADIS network 1. Each ADIS network member shall designate at least one contact point responsible for the submission in ADIS of data and information concerning Union notification and Union reporting in accordance with Articles 3, 4, 6, 7, 8, 11 and 13 of Commission Implementing Regulation (EU) 2020/2002 ( *1 ) . 2. Each ADIS network contact point shall maintain and keep up to date in ADIS the list of notification and reporting regions established by its Member State and laid down in Annex IV to Implementing Regulation (EU) 2020/2002. Article 29a Storage period of personal data Personal data from Union notifications and Union reports referred to in Article 29(1) shall be stored in ADIS for no more than 10 years. Article 29b Contingency arrangements for ADIS 1. Where ADIS is unavailable, the ADIS network contact points shall submit the data and information concerning Union notifications and Union reports referred to in Article 29(1) via email or by other means specified on the Commission’s website. 2. Once ADIS becomes available again, the ADIS network contact points shall insert in it the data and information submitted outside the system. ( *1 ) Commission Implementing Regulation (EU) 2020/2002 of 7 December 2020 laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council with regard to Union notification and Union reporting of listed diseases, to formats and procedures for submission and reporting of Union surveillance programmes and of eradication programmes and for application for recognition of disease-free status, and to the computerised information system ( OJ L 412, 8.12.2020, p. 1 ).’;" 5. in Chapter 3, Section 3 is amended as follows: (a) Article 30 is replaced by the following: ‘Article 30 EUROPHYT outbreak network Each EUROPHYT outbreak network member shall designate a contact point responsible for the submission of EUROPHYT outbreak notifications in EUROPHYT.’; (b) Articles 31 and 33 are deleted; 6. in Chapter 3, Section 4 is amended as follows: (a) Article 35 is replaced by the following: ‘Article 35 TRACES network Without prejudice to Article 4(2), each TRACES network member shall designate one or more contact points for the functionalities provided for in Article 132(d) and Article 133 of Regulation (EU) 2017/625, and in other Union legislation referring to TRACES.’; (b) Article 39 is replaced by the following: ‘Article 39 Issuance of electronic certificates for consignments of animals and goods entering the Union and use of electronic signatures 1. Electronic animal health certificates, official certificates and animal health/official certificates for consignments of animals and goods entering the Union shall meet all of the following requirements: (a) they shall be issued in one of the following systems: (i) TRACES; (ii) a Member State’s national system; (iii) a third country’s or an international organisation’s electronic certification system that is capable of exchanging data with TRACES; (iv) a third country’s or an international organisation’s electronic certification system that is capable of exchanging data with a Member State’s national system; (b) they shall be signed by an authorised officer with his/her electronic signature; (c) they shall bear the advanced or qualified electronic seal of the issuing competent authority, or the advanced or qualified electronic signature of its legal representative. 2. Where electronic animal health certificates, official certificates and animal health/official certificates are issued in accordance with point (a)(iii) or (iv) of paragraph 1, the electronic signature of the authorised officer is not required. 3. The Commission shall be notified in advance of the issuance of electronic animal health certificates, official certificates and animal health/official certificates in accordance with point (a)(iv) of paragraph 1. 4. The competent authority shall accept electronic phytosanitary certificates, as required for the introduction of plants, plant products and other objects into the Union territory in accordance with Section 1 of Chapter VI of Regulation (EU) 2016/2031, only where they are issued in accordance with point (a)(i) or (iii) of paragraph 1 of this Article.’; (c) the following articles are inserted after Article 39: ‘Article 39a Issuance of electronic certificates and commercial documents for movements of animals and goods between Member States and use of electronic signatures Electronic animal health certificates, official certificates and animal health/official certificates for movements of animals, products of animal origin and germinal products between Member States, and electronic commercial documents for certain animal by-products and derived products, not intended for human consumption and transported to another Member State, shall meet all of the following requirements: (a) they shall be issued in TRACES; (b) they shall be signed by an official veterinarian or a certifying officer with his/her electronic signature; (c) they shall bear the advanced or qualified electronic seal of the issuing competent authority. Article 39b Issuance of electronic certificates for export and re-export of plants, plant products and other objects and use of electronic signatures Electronic phytosanitary certificates for export or re-export of plants, plant products and other objects from the Union territory to a third country shall be issued in one of the following systems: (a) TRACES, provided that the certificate meets all of the following requirements: (i) it is signed by a certifying officer with his/her electronic signature; (ii) it bears the advanced or qualified electronic seal of the issuing competent authority; (b) the national system of a Member State, provided that the certificate meets all of the following requirements: (i) it is signed by a certifying officer with his/her electronic signature; (ii) it is transmitted to TRACES at the latest at the time of electronic signature by the certifying officer and that transmission is sealed with the advanced or qualified electronic seal of the issuing competent authority.’; (d) Article 41 is replaced by the following: ‘Article 41 Use of an electronic CHED An operator’s or a competent authority’s use of a CHED in an electronic format shall be by means of one of the following systems: (a) TRACES, provided that the CHED meets all of the following requirements: (i) it is signed by the operator responsible for the consignment with his/her electronic signature; (ii) it is signed by the official veterinarian, the official plant health officer or the certifying officer at border control posts or control points with his/her electronic signature; (iii) it bears the advanced or qualified electronic seal of the issuing competent authority; (b) the national system of a Member State, provided that the CHED meets all of the following requirements: (i) it is signed by the operator responsible for the consignment with his/her electronic signature; (ii) it is signed by the official veterinarian, the official plant health officer or the certifying officer at border control posts or control points with his/her electronic signature; (iii) it is transmitted to TRACES at the latest at the time when the decision on the consignment is taken on the basis of official controls and that transmission is sealed by the advanced or qualified electronic seal of the issuing competent authority.’; (e) in Article 42, paragraph 3 is deleted; (f) Article 45 is replaced by the following: ‘Article 45 Lists of reference data 1. Each TRACES network contact point shall maintain and keep up to date in TRACES lists of the following: (a) food business establishments that the competent authority of its Member State has approved in accordance with Article 6(3) of Regulation (EC) No 852/2004; (b) establishments, plants and operators handling animal by-products or derived products that the competent authority of its Member State has approved or registered in accordance with Article 47 of Regulation (EC) No 1069/2009; (c) control posts to which the competent authority of its Member State has granted an approval in accordance with Article 3 of Council Regulation (EC) No 1255/97 ( *2 ) ; (d) transporters carrying out long journeys to which the competent authority has granted an authorisation pursuant to Article 11(1) of Council Regulation (EC) No 1/2005 ( *3 ) ; (e) establishments included in the register of approved establishments referred to in point (b) of the first subparagraph of paragraph 1 of Article 101 of Regulation (EU) 2016/429 in so far as they move kept terrestrial animals and germinal products to another Member State or receive kept terrestrial animals and germinal products from a third country; (f) establishments included in the register of approved aquaculture establishments and disease control aquatic food establishments referred to in respectively Article 185(1)(b) and (c) of Regulation (EU) 2016/429 in so far as they move aquaculture animals to another Member State or receive aquaculture animals from a third country; (g) establishments and operators included in the register of registered establishments and operators referred to in point (a) of the first subparagraph of paragraph 1 of Article 101 of Regulation (EU) 2016/429 in so far as they move kept terrestrial animals and germinal products to another Member State or receive kept terrestrial animals and germinal products from a third country; (h) establishments included in the register of registered aquaculture establishments referred to in Article 185(1)(a) of Regulation (EU) 2016/429 in so far as they move aquaculture animals to another Member State or receive aquaculture animals from a third country; (i) transporters to which the competent authority has granted an authorisation pursuant to Article 10(1) of Regulation (EC) No 1/2005; (j) drivers and attendants of road vehicles transporting domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species or poultry to which the competent authority has granted a certificate of competence pursuant to Article 17(2) of Regulation (EC) No 1/2005; (k) means of transport by road used for long journeys and livestock vessels to which the competent authority has granted a certificate of approval pursuant to respectively Articles 18(1) and 19(1) of Regulation (EC) No 1/2005; (l) operators included in the register of professional operators introducing into the Union plants, plant products and other objects for which a phytosanitary certificate is required as referred to in point (a) of the first subparagraph of Article 65(1) of Regulation (EU) 2016/2031; (m) quarantine stations and confinement facilities designated in accordance with Article 60 of Regulation (EU) 2016/2031 to carry out activities involving plants, plant products and other objects introduced into the Union territory from third countries. 2. The contact points referred to in paragraph 1 shall insert in TRACES information concerning each list referred to in that paragraph using the technical specifications for the format of these lists provided by the Commission. 3. The Commission shall assist the Member States in making the lists referred to in points (a) to (f) of paragraph 1 available to the public through publication on its website or through TRACES. ( *2 ) Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for control posts and amending the route plan referred to in the Annex to Directive 91/628/EEC ( OJ L 174, 2.7.1997, p. 1 )." ( *3 ) Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 ( OJ L 3, 5.1.2005, p. 1 ).’."