Detailed rules on the operations to be carried out during physical checks on goods referred to in Article 4(4)
ANNEX IISupplementary provisions
ANNEX II Detailed rules on the operations to be carried out during physical checks on goods referred to in Article 4(4) 1. The competent authority shall carry out physical checks to verify: (a) that the transport conditions ensured the proper preservation of the goods taking into account their purpose; (b) that the temperature range during transport required by Union legislation was maintained and there were no shortcomings or breaks in the cold chain, by means of examination of records of temperature range during transport; (c) the integrity of the packaging material. 2. The competent authority shall carry out physical checks to verify that the labelling of the ‘use by’ date complies with Regulation (EU) No 1169/2011 of the European Parliament and of the Council ( 1 ) . The competent authority may carry out physical checks to verify that the labelling complies with other requirements laid down in the rules referred to in Article 1(2) of Regulation (EU) 2017/625. 3. The competent authority shall verify that the goods are fit to be used for the intended purpose and that their properties have not changed during transport, by means of: (a) sensory examination of the smell, colour, consistency or taste of the goods; or (b) simple physical or chemical tests by cutting, defrosting or cooking the goods; or (c) laboratory tests. 4. In respect of consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products, the competent authority shall carry out the operations referred to in point 3 as follows: (a) a selection of items or packages, or samples in the case of bulk products, shall be collected before carrying out the operations referred to in point 3; (b) the selection of samples for examination mentioned in points (a) and (b) of point 3 shall cover 1 % of the items or packages in a consignment, with a minimum of two items or packages and up to a maximum of 10 items or packages. If necessary, the competent authority may increase the number of items or packages checked to perform more extensive checks; (c) the tests referred to in points 3(b) and (c) shall be carried out on a range of samples selected so as to be representative of the entire consignment. 5. For the purposes of implementation of Article 4(5), the competent authority shall develop a monitoring plan, with the objective of monitoring the conformity with the rules referred to in Article 1(2) of Regulation (EU) 2017/625, and in particular of detecting hazards by indicating the goods to be examined and the testing to be carried out, and shall carry out the laboratory tests referred to in point 3(c) in accordance with that plan. Such monitoring plan shall be risk-based taking into account all relevant parameters, such as the nature of the goods, the risk they represent, the frequency and number of incoming consignments and the results of previous monitoring. 6. In respect of consignments of food and feed of non-animal origin subject to measures provided for in the acts referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625, the competent authority shall carry out physical checks in accordance with the following rules: (a) physical checks shall include laboratory tests in accordance with the acts referred to in points (d), (e) and (f) of Article 47(1) of Regulation (EU) 2017/625; (b) physical checks shall be carried out in such a way that it is not possible for food and feed business operators or their representatives to predict whether any particular consignment will be subjected to such checks; (c) the results of physical checks shall be available as soon as technically possible; (d) the consignments tested must be placed under official detention pending the outcome of laboratory tests, unless onward transportation to the place of final destination is authorised by the competent authority at the border control post in accordance with Article 4 of Commission Delegated Regulation 2019/2124 ( 2 ) . ( 1 ) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 ( OJ L 304, 22.11.2011, p. 18 ). ( 2 ) Commission Delegated Regulation (EU) 2019/2124 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation, amending Commission Regulations (EC) No 798/2008, (EC) No 1251/2008, (EC) No 119/2009, (EU) No 206/2010, (EU) No 605/2010, (EU) No 142/2011, (EU) No 28/2012, Commission Implementing Regulation (EU) 2016/759 and Commission Decision 2007/777/EC (see page 73 of this Official Journal).