Commission Delegated Regulation (EU) 2019/2125 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules concerning the performance of specific official controls of wood packaging material, notification of certain consignments and measures to be taken in cases of non-compliance
Commission Delegated Regulation (EU) 2019/2125of 10 October 2019supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules concerning the performance of specific official controls of wood packaging material, notification of certain consignments and measures to be taken in cases of non-complianceTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)OJ L 95, 7.4.2017, p. 1., and in particular Articles 45(4) and 77(1)(d) thereof,Whereas:(1)Regulation (EU) 2017/625 of the European Parliament and of the Council establishes, inter alia, the framework for the performance of official controls and other official activities on animals and goods entering the Union territory from third countries to verify compliance with Union legislation in order to protect human, animal and plant health, animal welfare and, in relation to GMO and plant protection products, also the environment.(2)Wood packaging material, which may accompany all kinds of objects, is known to be a source of introduction and spreading of pests of plants. Forms of wood packaging material that may serve as a pathway for pests posing a risk of spreading of pests of plants in the Union include but are not limited to packing cases, boxes, crates, cable drums and spools/reels, pallets, box pallets and other load boards, pallet collars and dunnage, whether or not actually in use in the transport of objects of all kinds. The volumes of wood packaging material entering the Union territory by means of transport are substantial.(3)Articles 43 and 96 of Regulation (EU) 2016/2031 of the European Parliament and of the CouncilRegulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4). set out specific import conditions for the introduction into the Union territory of wood packaging material. Article 77(1)(d) of Regulation (EU) 2017/625 empowers the Commission to establish rules for the performance of specific official controls to verify compliance of wood packaging material with these requirements, at the places referred to in Article 44(3) of Regulation (EU) 2017/625, and on measures in cases of non-compliance.(4)To ensure the effectiveness of checks on wood packaging material entering the Union territory and to avoid any risk of introduction or spreading of pests of plants, rules should be adopted to supplement those in Regulation (EU) 2017/625 concerning the performance of specific official controls of wood packaging material and measures to be taken in cases of non-compliance.(5)Specific import conditions for wood packaging material set out in Article 43(1) of Regulation (EU) 2016/2031 do not apply to material which is subject to the exemptions provided for in the International Standard for Phytosanitary Measures No 15 — Regulation of Wood Packaging Material in International Trade (ISPM15). Such material should therefore be exempted from the scope of this Regulation.(6)With a view to identifying consignments where wood packaging material, which may present the highest phytosanitary risk for the Union territory is present and which accordingly should be subject to specific official controls, the competent authorities of Member States should establish a monitoring plan based on a risk approach.(7)On the basis of that monitoring plan, the competent authorities should select consignments of wood packaging material for the performance of the specific official controls. Moreover, the competent authorities should have the possibility to require the customs authorities, where necessary, for the performance of the specific official controls by the competent authorities, to detain selected consignments in which wood packaging material is present until the specific official controls are completed.(8)Wood packaging material is not included in the lists of goods subject to official controls at border control posts referred to in point (c) of Article 47(1) of Regulation (EU) 2017/625.(9)Article 45(4) of Regulation (EU) 2017/625 empowers the Commission to specify cases where and the conditions under which competent authorities may request operators to notify the arrival of certain goods which are not subject to controls at border control posts.(10)For competent authorities to be able to plan and perform specific official controls on wood packaging material in an effective manner, they should be able to request operators to inform them of the arrival of consignments where wood packaging material is present within a reasonable time in advance.(11)Therefore, the possibility for competent authorities to request operators to notify the competent authorities in advance of the arrival of such consignments should be foreseen together with the rules on specific official controls on wood packaging material laid down in this Regulation. The information management system for official controls (IMSOC) set up and managed by the Commission in accordance with Article 131(1) of Regulation (EU) 2017/625 may be used for such notifications. The competent authorities may request operators responsible for the consignment to notify, by way of the IMSOC, by way of existing national information systems or in another way agreed to by the competent authority, within a reasonable time in advance specified by the competent authorities, the arrival.(12)The Common Health Entry Document (CHED) referred to in Article 56 of Regulation (EU) 2017/625 should be used to record the results of the specific official controls in the IMSOC. The recorded results of official controls will provide an overview of the situation regarding specific official controls on wood packaging material carried out in Member States, as a basis for further actions to protect the Union territory from the spreading of pests of plants.(13)The provisions of this Regulation should apply without prejudice to the relevant provisions of Regulation (EU) No 952/2013 of the European Parliament and of the CouncilRegulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1)..(14)Where the competent authority decides to re-dispatch non-compliant wood packaging material to a destination outside the Union pursuant to point (b) of the first subparagraph of Article 66(3) of Regulation (EU) 2017/625, the non-compliant wood packaging material should remain under official customs supervision, until it leaves the Union territory, to avoid any risk of introduction of pests into the Union or spreading of pests.(15)When non-compliant wood packaging material is found during physical checks at the point of release for free circulation in the Union or at the place of destination, such material should be immediately destroyed, in view of the higher risk for the spreading of Union quarantine pests, which cannot be prevented by less effective means.(16)Regulation (EU) 2017/625 applies from 14 December 2019. Accordingly, the rules laid down in this Regulation should also apply from that date,HAS ADOPTED THIS REGULATION: