Article 3 Triggering of the coordinated performance of intensified official controls

United Kingdom

When notifying other competent authorities of a decision to perform intensified official controls made in accordance with Article 65(5) of Regulation (EU) 2017/625 through the appropriate computerised information management system, the competent authority making the decision must indicate—

(a)

the establishment of origin;

(b)

the category of goods, including their description and code from the classification system applicable in the United Kingdom, as amended from time to time, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border Trade) Act 2018 or under any other enactment; and

(c)

the infringement which has occasioned the decision to perform intensified official controls.

After receipt of the notification referred to in paragraph 1, the F2notified competent authorities must assess and endeavour to agree whether the following conditions are met:

(a)

the notification is based on suspected fraudulent or deceptive practices or on a potentially serious or repeated infringement of the rules referred to in Article 1(2) of Regulation (EU) 2017/625;

(b)

the notification is related to an action or omission for which the establishment of origin of the consignment concerned is responsible;

(c)

the consignment concerned is not already subject to the coordinated performance of intensified official controls in accordance with this Regulation; and

(d)

the consignment concerned is not subject to emergency measures F3under Article 261 of Regulation (EU) 2016/429 or to special measures under Article 128 of Regulation (EU) 2017/625, for the same infringement as the one indicated in the notification referred to in paragraph 1.

The F4notifying competent authority shall record the outcome of its assessment referred to in paragraph 2 in the F5appropriate computerised information management system.

Where the outcome of the assessment referred to in paragraph 2 indicates that the requisite conditions have been met, the competent authorities at the border control posts in all F6constituent territories of Great Britain shall perform coordinated intensified official controls.

Annotations

Textual amendments

F1: Art. 3(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 33(4)(a) (with reg. 46)
F2: Words in Art. 3(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 33(4)(b)(i) (with reg. 46)
F3: Words in Art. 3(2)(d) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 33(4)(b)(ii) (with reg. 46)
F4: Words in Art. 3(3) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 33(4)(c)(i) (with reg. 46)
F5: Words in Art. 3(3) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 33(4)(c)(ii) (with reg. 46)
F6: Words in Art. 3(4) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 33(4)(d) (with reg. 46)