Prohibition against the movement to, or placing on the market in, a Member State of goods and pet animals falling within the scope of this Regulation
1. Goods falling within the scope of this Regulation shall not be moved from Northern Ireland to a Member State or be placed on the market in a Member State.
2. Pet animals falling within the scope of this Regulation shall not be moved from Northern Ireland to a Member State.
3. The Member States shall apply effective, proportionate and dissuasive penalties in the case of non-compliance with the specific rules laid down in this Regulation.
Suspension of the specific rules laid down in Chapters 2, 3 and 4
1. The Commission shall closely monitor the application of the specific rules laid down in Chapters 2, 3 and 4 and Article 13, and in particular whether:
(a)
official controls are carried out on consignments of retail goods, plants for planting other than seed potatoes, machinery and vehicles which have been operated for agricultural or forestry purposes before entry into Northern Ireland, and of seed potatoes, and on pet animals falling within the scope of this Regulation;
(b)
adequate official controls and monitoring in accordance with the requirements set out in Annex III are in place covering the movements of retail goods from the SPS Inspection Facilities of first arrival in Northern Ireland to the listed establishment of destination to ensure that the retail goods are solely intended for listed establishments in Northern Ireland and will not be subsequently moved to a Member State;
(c)
the specific rules laid down in this Regulation, and in particular Articles 6 and 9, are complied with.
2. The Commission shall monitor whether:
(a)
the SPS Inspection Facilities of first arrival in Northern Ireland comply with Annex II;
(b)
the Union representatives have ongoing and continuous access to the relevant databases used by the competent authorities of the United Kingdom in Northern Ireland for the purpose of official controls and monitoring required by this Regulation, including the Common Health Entry document (CHED) Inspection Platform and other relevant databases and exchange of information, and whether the competent authorities of the United Kingdom in Northern Ireland comply with their obligation to use Traces as provided for in Regulation (EU) 2017/625.
3. Where the Commission finds that there is a systemic failure by the United Kingdom to comply with the specific rules referred to in paragraph 1, or that the United Kingdom does not comply with one of the conditions referred to in paragraph 2, the Commission shall, within a period of seven days, notify the United Kingdom in writing of that finding and of the detailed reasons for it.
4. For a period of four weeks following the date of the written notification referred to in paragraph 3, the Commission shall enter into consultations with the United Kingdom with a view to remedying the situation giving rise to the written notification.
5. If the situation giving rise to the written notification referred to in paragraph 3 of this Article is not remedied within the period of four weeks referred to in paragraph 4 of this Article or where relevant provisions of Section 2 (Determination of goods not at risk and repeal of Decision No 4/2020) of Joint Committee Decision No 1/2023 ( 16 ) have been suspended in accordance with Article 15(2) thereof on grounds relevant for the matters falling within the scope of this Regulation, the Commission is empowered to adopt within a further period of four weeks a delegated act in accordance with Article 17 to supplement this Regulation, by determining the specific rules laid down in this Regulation whose application shall be suspended.
If the United Kingdom fails to comply with the conditions laid down in paragraph 1, point (c), or in paragraph 2, point (a) or (b), of this Article, the Commission shall adopt a delegated act in accordance with Article 17 to supplement this Regulation by suspending the application of Articles 4, 5, 6 and 9 to 12.
6. Where the situation giving rise to the adoption of the delegated act referred to in paragraph 5 has been remedied by the United Kingdom, the Commission shall adopt a delegated act in accordance with Article 17 to supplement this Regulation by determining which of the suspended specific rules shall apply again.
