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

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 (c) and (d), 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 or the rules relating to fishery products laid down in Regulation (EC) No 1005/2008;

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

(d) 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;

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

(f) 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 establishments of destination to ensure that those consignments are solely intended for retail sale at 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 public health in the internal market, and do not adversely affect the level of consumer protection in the internal market or its integrity;

(g) the retail goods are accompanied by a general certificate which complies with the model laid down in an implementing act adopted in accordance with Article 4(3);

(h) the Commission has adopted an implementing act in accordance with Article 4(3) and has not taken measures in accordance with Article 4(4) and paragraph 2 of this Article or in accordance with Article 14.

2. The Commission shall monitor the application by the United Kingdom of the conditions referred to in paragraph 1 for the entry into Northern Ireland from other parts of the United Kingdom of those consignments and their placing on the market in Northern Ireland. Where there is evidence, such as a Union inspection report, an audit, or a notification under IMSOC or 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, or amending the implementing act adopted in accordance with Article 4(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2) and (3).

3. 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.