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Specific rules for consignments of retail goods referred to in Article 3, points (a) and (b)

1. The entry into Northern Ireland from other parts of the United Kingdom and the placing on the market in Northern Ireland of consignments of retail goods referred to in Article 3, points (a) and (b), shall be subject to specific rules on special rates of official controls and a general certificate only where all of the following conditions are fulfilled:

(a) the retail goods are prepacked and bear a marking where required in accordance with Article 6;

(b) the retail goods comply with one of the following:

(i) they originate in parts of the United Kingdom other than Northern Ireland;

(ii) they come from a Member State;

(iii) they are rest-of-the-world retail goods, consisting of commodities not subject to the animal health or plant health rules referred to in Article 1(2), points (d), (e) and (g), of Regulation (EU) 2017/625;

(iv) they are rest-of-the-world retail goods that comply with the specific rules laid down in Article 9 of this Regulation;

(v) in the case of fishery products, they were either:

— caught by a fishing vessel flying the flag of the United Kingdom and landed in parts of the United Kingdom other than Northern Ireland, or — caught by a fishing vessel flying the flag of a Member State, or of a third country other than the United Kingdom listed in an implementing act adopted in accordance with Article 9(4) of this Regulation, and were imported into parts of the United Kingdom other than Northern Ireland;

(c) the retail goods comply with the rules laid down in Regulations (EC) No 1069/2009, (EU) 2016/429, (EU) 2016/2031 and (EU) 2017/625, and in the case of fishery products, they respect the notion of illegal, unreported and unregulated fishing as defined by the Union in its application of Regulation (EC) No 1005/2008;

(d) the retail goods are only to be placed on the market in Northern Ireland for final consumers;

(e) the retail goods are dispatched from listed establishments in parts of the United Kingdom other than Northern Ireland and received by listed establishments in Northern Ireland;

(f) the retail goods are presented for official controls at SPS Inspection Facilities of first arrival in Northern Ireland in accordance with Regulation (EU) 2017/625;

(g) written guarantees have been provided by the United Kingdom on the following:

(i) that effective official controls on consignments of retail goods at SPS Inspection Facilities of first arrival in Northern Ireland that comply with the requirements set out in Annex II to this Regulation are carried out in accordance with Regulation (EU) 2017/625; and (ii) that official controls, evidenced through a control plan, and monitoring in accordance with the requirements set out in Part 1 of Annex III to this Regulation are carried out covering the movements of those retail goods from the SPS Inspection Facilities of first arrival in Northern Ireland to the listed establishment of destination to ensure that those consignments are solely intended for retail sale at listed establishments in Northern Ireland and will not be subsequently moved to a Member State; those written guarantees thereby provide assurance to the Union that the special rates of official controls and the general certificate do not increase the risks to animal or plant health on the island of Ireland, do not adversely affect the SPS status of the island of Ireland, do not increase the risk to public, animal or plant health in the internal market, do not increase the risk that fishery products originating from illegal, unreported or unregulated fishing are placed on the market within the Union, and do not adversely affect the level of consumer protection in the internal market or its integrity;

(h) the Commission has adopted an implementing act in accordance with paragraph 3 of this Article, and has not taken measures in accordance with paragraph 4 of this Article or in accordance with Article 14.

2. Consignments of retail goods shall be accompanied by the general certificate referred to in paragraph 1, which shall be issued by the competent authorities of the United Kingdom. That general certificate shall certify that the retail goods in the consignment comply with the requirements laid down in paragraph 1, points (a) to (f).

3. Where the conditions concerning the written guarantees referred to in paragraph 1, point (g), of this Article are fulfilled, and taking account of Commission controls regarding compliance with the requirements for SPS Inspection Facilities set out in Annex II, the Commission may, by means of implementing acts, lay down the special rates of official controls, as well as the rules on those official controls and on the model general certificate for the consignments referred to in paragraph 1 of this Article. The special rates of identity checks, including for compliance with paragraph 1, point (a), of this Article, and Article 5(1), point (a), shall be adapted depending on the extent to which different types of retail goods are individually marked.

Where the marking requirements laid down in Article 6(1), point (b), are complied with, the special rate of identity checks shall be reduced to 8 % of all consignments. Where the marking requirements laid down in Article 6(1), point (c), are complied with, the special rate of identity checks shall be reduced to 5 % of all consignments. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).

4. The Commission shall monitor the application by the United Kingdom of the specific rules on special rates of official controls on consignments and the general certificate referred to in paragraphs 1 and 2.

Where there is evidence, such as a Union inspection report, data on trade volumes on wine products, an audit, or a notification under the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625 (IMSOC) or under the Organic Farming Information System made available by the Commission in accordance with Article 43 of Regulation (EU) 2018/848 of the European Parliament and of the Council () (OFIS), that the United Kingdom does not take appropriate measures to tackle serious or repeated infringements of the conditions referred to in paragraph 1, points (a) to (g), of this Article, the Commission shall, after having duly informed and consulted with the United Kingdom, adopt an implementing act laying down appropriate special conditions and measures, including temporary or permanent restrictions on the application of the specific rules to certain consignments or establishments, or amending the implementing act adopted in accordance with paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2) and (3).

5. The competent authorities of the United Kingdom may decide not to collect fees or charges for the official controls on the retail goods referred to in paragraph 1.