Commission Delegated Regulation (EU) 2024/2104 of 27 June 2024 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the cases where and the conditions under which competent authorities may request operators to notify the arrival of certain goods entering the Union

• CELEX: Delegated Regulation (EU) 2024/2104
• Articles: 5

Article 1 Subject matter and scope

This Regulation lays down rules concerning the cases where and the conditions under which competent authorities may request operators to notify the arrival of certain goods entering the Union and to which Articles 47 and 48 of Regulation (EU) 2017/625 do not apply.

Article 2 Cases where a notification may be requested

Competent authorities may request operators to notify the arrival of certain goods where the following conditions are met:

(1)

the notification is necessary, taking into account:

(a)

identified risks to human, animal or plant health, animal welfare or, as regards genetically modified organisms and plant protection products, also to the environment, associated with the goods concerned; or

(b)

the history of compliance with the requirements established by the rules referred to in Article 1(2) of Regulation (EU) 2017/625 applicable to the goods concerned;

(2)

the goods concerned are subject to official controls at border control posts in accordance with Article 44(3), point (b), of Regulation (EU) 2017/625.

Article 3 Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1)

‘TRACES’ means the system referred to in Article 133(4) of Regulation (EU) 2017/625;

(2)

‘electronic signature’ means an electronic signature as defined in Article 3, point (10), of Regulation (EU) No 910/2014;

(3)

‘advanced electronic seal’ means an electronic seal complying with the technical specifications laid down in the Annex to Implementing Decision (EU) 2015/1506;

(4)

‘qualified electronic seal’ means an electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014.

Article 4 Conditions for requesting the notification of arrival

1.   The competent authorities may request operators to notify the arrival of the consignments provided the border control post of first arrival into the Union of the consignments is located within the territory of the competent authorities’ Member State.

2.   The notification of arrival shall consist of:

(a)

standardised information describing the consignments in sufficient detail to allow the competent authorities to immediately and completely identify the consignments, their destination and intended use, in accordance with paragraph 4; and

(b)

a declaration of the operator responsible for the consignments to certify that the information referred to in point (a) is true and complete.

3.   The operator responsible for the consignments shall complete and submit for each consignment the notification of arrival in TRACES, in an official Union language of the Member State of entry, for transmission to the competent authorities of the border control post of first arrival into the Union prior to the arrival of the consignments. However, a Member State may consent to a notification being drawn up in an official Union language other than that of the Member State of entry.

4.   The notification of arrival shall be completed with the standardised information below:

(a)

the name, address, country and the International Organization for Standardization (ISO) country code of the natural or legal person dispatching the consignment;

(b)

the name of the border control post of first arrival into the Union;

(c)

the name and address of the natural or legal person to whom the consignment is destined;

(d)

the name, address, country and ISO country code of the place where the consignment is being delivered for final unloading;

(e)

the name, address, country and ISO country code of the natural or legal person in the Member State who is in charge of the consignment when presented at the border control post;

(f)

the type of documents accompanying the consignment, their unique code and the country of issue, where applicable;

(g)

the references of commercial documents, where applicable;

(h)

the estimated arrival date and time at the entry point where the border control post is located;

(i)

the country of origin of the goods or the country in which they were grown, harvested or produced;

(j)

the final means of transport for the journey to the Union and the identification of the final means of transport;

(k)

the country where the goods were loaded onto the final means of transport for the journey to the Union;

(l)

the name, address, country and ISO country code of the establishments of origin and, where applicable, their registration or approval number;

(m)

the category of required temperature during transport (ambient, chilled, frozen), where applicable;

(n)

the container number and seal number, where applicable;

(o)

the intended use of the goods or their category as specified in the official certificates, official attestations, declarations or commercial documents, where required;

(p)

information on the conformity of the goods;

(q)

the intended destination of the consignment after the consignment leave the border control post, as follows:

(i)

‘for internal market’, in case the consignment are intended to be placed on the market in the Union; or

(ii)

‘for transit’, in the case of consignment of non-authorised feed additives of non-animal origin and of non-authorised plant protection products intended for transit to a third country of destination, with the indication of the name and the ISO country code of the third country of destination and, in case of consignment of non-authorised products that are crossing the Union territory by road, rail or waterway, the name of the exit border control post, located in the same Member State as the border control post;

(iii)

‘for transfer to’, if the consignment may be transferred by virtue of national rules from the border control post to a control point referred to in Article 53(1), point (a), of Regulation (EU) 2017/625, located in the same Member State as the border control post, for further official controls, with the indication of the name of the control point;

(iv)

‘for onward transportation to’, if the consignment may be transferred by virtue of national rules to an onward transportation facility designated in accordance with Article 9 of Delegated Regulation (EU) 2019/2124, located in the same Member State as the border control post, with the indication of the details of that facility;

(v)

in the case of consignment of non-authorised feed additives of non-animal origin and of non-authorised plant protection products that are not in direct transit to a third country, the following controlled destinations where the consignment will be delivered before they leave the territory of the Member State where the border control post is located:

(1)

a customs warehouse referred to in Article 240(1) of Regulation (EU) No 952/2013;

(2)

a temporary storage facility referred to in Article 147(1) of Regulation (EU) No 952/2013;

(3)

a free zone, where applicable;

(4)

a feed business establishment, with indication of its registration or approval number;

(r)

the description of the goods in the consignment based on official certificates, official attestations, declarations or commercial documents, allowing their identification and the calculation of fees, including all of the following:

(i)

the Combined Nomenclature (CN) code and title provided for in Regulation (EEC) No 2658/87 and the integrated tariff of the European Union (TARIC) code;

(ii)

the net weight, in kilogrammes;

(iii)

the gross weight, composed of the net weight, plus immediate containers and all packaging, but excluding transport containers and other transport equipment;

(iv)

the type of packages and the total number of packages in the consignment;

(v)

the batch number;

(vi)

the product type, including whether the goods are intended to be placed on the market as organic or in-conversion products;

(vii)

the number of pieces or the volume, where appropriate.

5.   The competent authorities at the border control posts may add written records of official controls referred to in Article 13(1) of Regulation (EU) 2017/625 in the notification of arrival submitted in TRACES, including any of the following decisions taken on the consignments:

(a)

‘acceptable for internal market’;

(b)

‘acceptable for transfer’;

(c)

‘acceptable for onward transportation’;

(d)

‘acceptable for transit’;

(e)

‘acceptable for non-conforming goods’;

(f)

‘not acceptable’.

6.   Notifications of arrival, which operators responsible for the consignment sign in TRACES with their electronic signature, shall bear the advanced or qualified electronic seal of the competent authorities.

Article 5 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 3 March 2025.