Article 5 Imposed checks

United Kingdom

If, during the coordinated performance of intensified official controls, three consignments entering F1Great Britain reveal the same type of infringement indicated in the notification referred to in Article 3(1), the F2the competent authority in the relevant constituent territory of Great Britain, or, where there is more than one competent authority dealing with the infringements, one of those authorities shall request the competent authority of the third country, in which the establishment of origin of the non-compliant consignments is located, to:

(a)

make the necessary investigations to identify the reasons for the infringements (‘imposed checks’);

(b)

adopt an action plan in relation to the establishment of origin to effectively remedy the situation; and

(c)

report back on the actions referred to in points (a) and (b), including the results of the action plan.

The F3competent authority making the request in accordance with paragraph 1 shall closely monitor the results of the imposed checks and the action plan and take further action, including measures in accordance with Article 53 of Regulation (EC) No 178/2002 and Article 127(4) of Regulation (EU) 2017/625, when:

(a)

the competent authority of the third country does not take appropriate action to effectively remedy the situation; or

(b)

the competent authorities of the F4constituent territories of Great Britain continue to notify unsatisfactory results of the coordinated performance of intensified official controls.

Annotations

Textual amendments

F1: Words in Art. 5(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(6)(a)(i) (with reg. 46)
F2: Words in Art. 5(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(6)(a)(ii) (with reg. 46)
F3: Words in Art. 5(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(6)(b)(i) (with reg. 46)
F4: Words in Art. 5(2)(b) 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(6)(b)(ii) (with reg. 46)