Non-objection to a delegated act: Official controls at the border control post where goods leave the Union and certain provisions on transit and transhipment
European Parliament decision to raise no objections to the Commission delegated regulation of 29 October 2020 amending Delegated Regulation (EU) 2019/2124 as regards official controls at the border control post where goods leave the Union and certain provisions on transit and transhipment (C(2020)07418 – 2020/2855(DEA))
The European Parliament,
– having regard to the Commission delegated regulation of 29 October 2020 amending Delegated Regulation (EU) 2019/2124 as regards official controls at the border control post where goods leave the Union and certain provisions on transit and transhipment (C(2020)07418),
– having regard to the Commission’s letter of 6 November 2020 asking Parliament to declare that it will raise no objections to the delegated regulation,
– having regard to the letter from the Committee on the Environment, Public Health and Food Safety to the Chair of the Conference of Committee Chairs of 2 December 2020,
– having regard to Article 290 of 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)(1), and in particular points (b) and (d) of Article 51(1) and Article 144(6) thereof,
– having regard to Rule 111(6) of its Rules of Procedure,
– having regard to the recommendation for a decision of the Committee on the Environment, Public Health and Food Safety,
– having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020,
A. whereas Commission Delegated Regulation (EU) 2019/2124(2) establishes rules for the performance of official controls by the competent authorities of the Member States(3) on consignments of animals and goods in transit, transhipment and onward transportation through the Union;
B. whereas points (b) and (d) of Article 51(1) of Regulation (EU) 2017/625 empower the Commission to adopt delegated acts concerning rules to establish the time limits and arrangements for carrying out documentary checks and, where necessary, identity checks and physical checks on categories of animals and goods subject to the official controls provided for in Article 47(1) of that Regulation which enter the Union by sea or by air transport from a third country, when those animals or goods are moved from a vessel or aircraft and are transported under customs supervision to another vessel or aircraft in the same port or airport in preparation for onward travel (‘transhipped consignments’) as well as rules to establish the cases where, and the conditions under which, the transit of consignments of the categories of animals and goods referred to in Article 47(1) of that Regulation may be authorised and certain official controls to be performed at border control posts on such consignments, including the cases and conditions for the storage of goods in specially approved customs warehouses or in free zones;
C. whereas, on 29 October 2020, the Commission transmitted to Parliament the delegated regulation, which opened the two-month scrutiny period for Parliament to object to that delegated regulation;
D. whereas, inter alia, the delegated regulation introduces flexibility in the management of official controls passing through Great Britain from a Member State to Ireland and vice versa (‘landbridge’), allowing for the use of national information management systems, thus contributing to reduced administrative burden for the Member States concerned;
E. whereas the delegated regulation should enter into force as a matter of urgency and apply from 1 January 2021, in order to ensure that the measures provided in that regulation are effective after the transition period in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community ends on 31 December 2020;
1. Declares that it has no objections to the delegated regulation;
2. Instructs its President to forward this decision to the Council and the Commission.
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 through the Union, and 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 (OJ L 321, 12.12.2019, p. 73).
In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland / Northern Ireland in conjunction with Annex 2 to that Protocol, this Regulation applies to and in the United Kingdom in respect of Northern Ireland.