Border control posts situated at a distance other than in the immediate vicinity of the point of entry into the Union
Article 3
1. By way of derogation from Article 64(1) of Regulation (EU) 2017/625, border control posts may be situated at a distance other than in the immediate vicinity of the point of entry into the Union, provided that: (a) this is necessitated by specific geographical constraints in accordance with paragraph 2, and (b) the conditions laid down in paragraph 3 are fulfilled. 2. The geographical constraints referred to in paragraph 1 shall be such as to prevent or restrict the efficient performance of official controls and other official activities. Those geographical constraints shall consist of one or more of the following: (a) points of entry with a geographical configuration that imposes major constraints on the transportation system; (b) points of entry subject to recurrent floods in certain periods of the year; (c) maritime wharves surrounded by cliffs; (d) border roads which cross a high pass; (e) rail transport of animals and goods which makes it necessary to locate the border control post at the first station stop; or (f) points of entry with no suitable land to enable the border control post and its facilities to be located in their immediate vicinity. 3. Where a Member States decides to designate one or more border control posts referred to in paragraph 1, the designation shall be subject to compliance with the following conditions: (a) the distance of the border control post from the point of entry into the Union is commensurate to the need to overcome the constraints of geography and it does not go beyond that need; and (b) the border control post and the point of entry are under the competence of the same customs authority so that consignments can be moved from the point of entry to the border control posts without being placed and handled under a customs procedure. 4. The border control post shall be situated at a sufficient distance from establishments or places where animals, plants, plant products or other objects, which are susceptible to being infected by transmissible diseases or pests, are kept or grown.