Commission Delegated Regulation (EU) 2019/2122 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market and amending Commission Regulation (EU) No 142/2011 (Text with EEA relevance)

This Regulation lays down rules for the cases where and the conditions under which certain categories of animals and goods are exempted from official controls at border control posts and the cases where and the conditions under which specific control tasks may be performed by customs authorities or other public authorities, insofar as those tasks are not already falling under the responsibility of those authorities, on passengers’ personal luggage.

For the purposes of this Regulation, the following definitions apply: (1) ‘research and diagnostic samples’ means research and diagnostic samples as defined in point (38) of Annex I to Regulation (EU) No 142/2011; (2) ‘IMSOC’ means the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625; (3) ‘fresh fishery products’ means fresh fishery products as defined in point 3.5 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council ; (4) ‘prepared fishery products’ means prepared fishery products as defined in point 3.6 of Annex I to Regulation (EC) No 853/2004; (5) ‘processed fishery products’ means ‘processed fishery products’ as defined in point 7.4 of Annex I to Regulation (EC) No 853/2004; (6) ‘pet animal’ means pet animal as defined in point (11) of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council ; (7) ‘non-commercial movement’ means non-commercial movement as defined in point (14) of Article 4 of Regulation (EU) 2016/429; (8) ‘petfood’ means petfood as defined in point (19) of Annex I to Regulation (EU) No 142/2011.

1 Invertebrates intended for scientific purposes such as research, educational activities or research related to product development activities shall be exempted from official controls at border control posts other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014, provided that: (a) they comply with the animal health requirements set out in the rules referred to in point (d) of Article 1(2) of Regulation (EU) 2017/625; (b) their entry into the Union is authorised in advance for that purpose by the competent authority of the Member State of destination; (c) when the activities related to the scientific purposes have been carried out, they and products derived from them, with the exception of the quantities used for the scientific purposes, shall be disposed of or re-dispatched to the third country of origin.

2 Paragraph 1 shall not apply to honey bees (Apis mellifera), bumble bees (Bombus spp.), molluscs belonging to the phylum Mollusca and crustaceans belonging to the subphylum Crustacea.

1 The competent authority may exempt research and diagnostic samples from official controls at border control posts provided that: (a) the competent authority of the Member State of destination has issued to the user of the samples an authorisation in advance for their introduction into the Union in accordance with Article 27(1) of Regulation (EU) No 142/2011 and this authorisation is recorded in an official document delivered by that authority; (b) they are accompanied by the official document referred to in point (a) or by a copy thereof until they reach the user referred to in point (a) or in the case referred to in point (c) the border control post of entry; (c) in the case of entry into the Union via a Member State other than the Member State of destination, the operator presents the samples at a border control post.

2 In the case referred in paragraph 1(c), the competent authority of the border control post shall inform through the IMSOC the competent authority of the Member State of destination of the introduction of the samples.

1 Plants, plant products and other objects are exempted from identity and physical checks at border control posts other than controls carried out pursuant to Article 15(2) of Regulation (EU) No 1143/2014, provided that they are intended for scientific purposes in accordance with Article 48(1) of Regulation (EU) 2016/2031.

2 The competent authority of the border control post of first arrival of the consignment shall perform documentary checks on the authorisation referred to in Article 48(1) of Regulation (EU) 2016/2031. In case of identified or suspected non-compliance, the competent authority of the border control post of first arrival may perform identity and physical checks on the consignment or request such checks to be carried out by the person responsible for the quarantine station or the confinement facility that has been designated by the competent authority.

3 If the competent authority of the border control post of first arrival of the consignment requests identity and physical checks to be carried out by the person responsible for the quarantine station or the confinement facility that has been designated by the competent authority, the competent authority of the border control post of first arrival of the consignment shall inform through the IMSOC the competent authority of the quarantine station or the confinement facility of the results of the documentary checks and of the subsequent departure of the consignment for the quarantine station or the confinement facility. The competent authority of the quarantine station or the confinement facility shall inform through the IMSOC the competent authority of the border control post of first arrival of the consignment of the arrival of the consignment at the quarantine station or the confinement facility. The competent authority of the quarantine station or the confinement facility shall carry out identity and physical checks.

1 Products of animal origin and composite products are exempted from official controls at border control posts provided that: (a) they are intended for consumption by the crew and passengers on board means of transport operating internationally; and (b) they are not unloaded on Union territory.

2 Direct transfer of goods referred to in paragraph 1 unloaded at a port from one means of transport operating internationally to another means of transport operating internationally is exempted from official controls at border control posts provided that: (a) it takes place in accordance with the agreement of the competent authority of the border control post; and (b) it takes place under customs supervision.

3 The operator responsible for the goods referred to in paragraph 1 shall request the agreement referred to in paragraph 2(a) prior to the transfer of these goods from one means of transport operating internationally to another means of transport operating internationally.

Products of animal origin, composite products, products derived from animal by-products, plants, plant products and other objects which form part of passengers’ personal luggage and which are intended for personal consumption or use, are exempted from official controls at border control posts provided that they belong to at least one of the following categories: (a) goods listed in Part 1 of Annex I provided that their combined quantity does not exceed the weight limit of 2 kg; (b) eviscerated fresh fishery products or prepared fishery products, or processed fishery products provided that their combined quantity does not exceed the weight limit of 20 kg or the weight of one fish, whichever weight is the highest; (c) goods other than those referred to in points (a) and (b) of this article and other than those referred to in Part 2 of Annex I, provided that their combined quantity does not exceed the weight limit of 2 kg; (d) plants, other than plants for planting, plant products and other objects; (e) goods, other than plants for planting, coming from Andorra, Iceland, Liechtenstein, Norway, San Marino or Switzerland; (f) fishery products coming from the Faroe Islands or Greenland; (g) goods, other than plants for planting and other than fishery products, coming from the Faroe Islands or Greenland provided that their combined quantity does not exceed the weight limit of 10 kg.

1 In all points of entry into the Union, the competent authority shall display information by means of one of the posters set out in Annex II, in at least one of the official languages of the Member State of introduction into the Union, placed in locations which are easily visible to passengers arriving from third countries.

2 The competent authority may complement the information referred to in paragraph 1 with additional information, including: (a) the information set out in Annex III; (b) information appropriate to the local conditions.

3 International passenger transport operators, including airport, port and rail operators and travel agencies shall: (a) draw the attention of their customers to the rules laid down in Article 7 and in this Article, in particular by providing the information set out in Annexes II and III; (b) accept that the competent authority displays the information referred to in paragraphs 1 and 2 within their premises in locations which are easily visible to passengers arriving from third countries.

1 For goods which form part of passengers’ personal luggage, the competent authorities, the customs authorities or other public authorities responsible, in cooperation with port, airport and rail operators and with operators responsible for other points of entry shall organise specific official controls at points of entry into the Union. These specific official controls shall be risk-based and effective.

2 The controls referred to in paragraph 1 of this Article shall: (a) aim in particular at detecting the presence of goods referred to in Article 7; (b) aim at verifying that the conditions laid down in Article 7 are met; and (c) be carried out by appropriate means, which may include the use of scanning equipment or specifically trained detector dogs, to screen large volumes of goods.

3 The competent authorities, the customs authorities or other public authorities responsible, which carry out specific official controls shall: (a) aim at identifying the goods which are non-compliant with the rules laid down in Article 7; (b) ensure that the non-compliant goods identified are seized and destroyed in accordance with national legislation and, where applicable, in accordance with Articles 197 to 199 of Regulation (EU) No 952/2013 of the European Parliament and of the Council ; (c) review, at least once per year and before 1 October, their applied mechanisms and actions, establish the level of compliance achieved, and, on a risk-basis, adapt those mechanisms and actions if necessary, to achieve the objectives laid down in points (a) and (b) of paragraph 2.

4 The review referred to in point (c) of paragraph 3 shall ensure that risks to public health, animal health and plant health are minimised. The review shall take into account: (a) data collected on the approximate number of consignments which are in breach of the rules laid down in Article 7; (b) the number of specific official controls done; (c) the total quantified amount of seized and destroyed consignments which were found in passengers’ personal luggage and which were not in compliance with Article 7; and (d) any other relevant information.

1 Small consignments of products of animal origin, composite products, products derived from animal by-products, plants, plant products and other objects sent to natural persons, which are not intended to be placed on the market, are exempted from official controls at border control posts provided that they belong to a least one of the categories listed in Article 7.

2 Member States shall carry out specific official controls on those goods in accordance with Article 9.

3 Postal services shall draw the attention of their customers to the rules laid down in paragraph 1, in particular by providing the information set out in Annexe III.

Pet animals entering the Union during a non-commercial movement are exempted from official controls at border control posts other than official controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014 and other than official controls carried out to verify compliance with Article 57(1) of Regulation (EC) No 865/2006, as follows: (a) animals of species listed in Part A of Annex I to Regulation (EU) No 576/2013 which: (i) meet the conditions laid down in Article 5(1) or Article 5(2) of Regulation (EU) No 576/2013 and are being moved from a territory or a third country listed in Part 1 of Annex II to Implementing Regulation (EU) No 577/2013, provided that they undergo documentary and identity checks in accordance with Article 33 and, where relevant, standard spot checks in accordance with Article 5(3) of Regulation (EU) No 576/2013; or (ii) meet the conditions laid down in Article 5(1) or Article 5(2) of Regulation (EU) No 576/2013 and are being moved from a territory or a third country listed in Part 2 of Annex II to Implementing Regulation (EU) No 577/2013, provided that they undergo documentary and identity checks in accordance with Article 34 and, where relevant, standard spot checks in accordance with Article 5(3) of Regulation (EU) No 576/2013; or (iii) meet the conditions laid down in Article 10(3) of Regulation (EU) No 576/2013, provided that they undergo checks in accordance with the permit referred to in point (a) of Article 10(3) of that Regulation and with the requirements in point (b) of Article 10(3) of that Regulation; or (iv) meet the conditions laid down in Article 32 of Regulation (EU) No 576/2013, provided that they undergo checks in accordance with the permit referred to in point (a) of Article 32(1) of that Regulation; (b) birds listed in Part B of Annex I to Regulation (EU) No 576/2013 provided that: (i) their movement has been authorised by Member States in accordance with Article 1(1) of Decision 2007/25/EC; and (ii) they undergo veterinary checks in accordance with Article 2 of Decision 2007/25/EC; (c) birds listed in Part B of Annex I to Regulation (EU) No 576/2013 moving into the Union from Andorra, the Faroe Islands, Greenland, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican City State; (d) animals of species other than birds, listed in Part B of Annex I to Regulation (EU) No 576/2013.

1 In all points of entry into the Union, the competent authority shall display information in the poster set out in Annex IV, in at least one of the official languages of the Member State of introduction into the Union, by prominent notices placed in locations which are easily visible to passengers arriving from third countries.

2 International passenger transport operators, including airport, port and rail operators shall accept that the competent authority displays the information referred to in paragraph 1 within their premises in locations which are easily visible to passengers arriving from third countries.

1 Regulation (EC) No 206/2009 is repealed with effect from 14 December 2019.

2 References to the repealed act shall be construed as references to this Regulation and read in accordance with the correlation table in Annex V.

In Article 27 of Regulation (EU) No 142/2011, paragraph 2 is deleted.

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 14 December 2019.