EHJ March 2004, pages 94-95
From the beginning of this month, a new commission regulation comes into force to ensure that all European ports of entry abide by EU laws on checking foods coming in from outside Europe. Tina Garrity reports

For a number of years, there has been confusion over the treatment of foods entering Europe as guidance covering everyday border procedures has failed to keep pace with EU law. The principles covering food entering from outside Europe were laid out in a 1997 directive. And yet guidance to port health and customs officers ensuring that everyday procedures are in line with the directive, have remained unchanged since 1993. The new regulations coming into force on 1 March update this guidance and bring EU regulations in line with changes that have occurred on the ground.

DOCUMENTARY AND PHYSICAL CHECKS

Under the 1997 directive (97/78/EC), every consignment of products of animal origin entering the EU from a third country has to be checked to ensure that all documentation is correctly completed, in line with EU law. All the information has to be forwarded to the point of entry in advance.

The competent authority must then be satisfied that original documents accompany the load and that they have been properly completed. They must also check that it has been signed by the appropriate official veterinarian or official authority representative and that it shows legibly, and in capitals, their name and position. It must also show the official health stamp and the signature in a different colour to that of the printing on the certificate or, in the case of electronic documentation, the signature and stamp must be made by a secure system.

Incoming consignments must then undergo a physical check by the official veterinarian. This may include on-the-spot laboratory tests and official sampling for analysis. The old decision set out detailed rules for these physical checks. These have been replaced in the new regulation, with member states now having to submit consignments to a monitoring plan to ensure products conform with EU and national rules. In particular, the plans will aim to detect residues, pathogenic organisms or other substances dangerous to humans, animals or the environment.

The nature of the monitoring plan depends on the type of products being imported, the risks they present, the frequency and number of incoming consignments and the results of previous monitoring. Where random tests are carried out under the monitoring plans, and no immediate danger to public or animal health is suspected, the consignment tested may be released for free circulation before the laboratory results are obtained.

However, if laboratory tests are carried out because port health officers suspect an irregularity, because of available intelligence or a previous notification from the rapid alert system for food and feed (Rasff), then the border post's official veterinarian must not clear the produce into the EU until laboratory tests are satisfactory.

In the meantime, the consignment must remain under the control of the authorities and under the responsibility of the official veterinarian or designated official agent at the border inspection post that carried out the veterinary controls.

Every month, member states must inform the commission of the results of the laboratory testing carried out in their border inspection posts.

COMMON VETERINARY ENTRY DOCUMENT

Anyone responsible for importing a consignment must use a standard notification form called the common veterinary entry document (CVED) to alert authorities that it will be passing through their point of entry. The regulations set out guidance notes on how to complete this form. Part 1 asks for information such as the names of the consignor, consignee and importer, the estimated date of arrival, the vessel/vehicle/ flight number etc, the nature of the goods, the seal and container numbers, it's destination and so on. Electronically submitted information must be the same as those required on the form.

Part 2 of the CVED form must be completed under the authority of the official veterinarian once the relevant checks have been made. It must be signed by the official veterinarian or by another official veterinarian operating under the supervision of the former. In the case of fish, the designated official agent may undertake this task.

In order for the consignment to be cleared, parts one and two of the original CVED must be completed and signed, then notified to the Customs authorities for that border post.  Once customs clearance is granted, the original CVED must accompany the consignment to the first destination. The official veterinarian must send a copy of the form to the person responsible for the load and keep a copy. The original veterinary certification accompanying the consignment must be kept for at least three years. Products in transit or storage warehouses, and ultimately intended for a non EU destination, must have the original veterinary certification attached to the consignment.

There is a slightly different procedure for cases where products receive veterinary clearance but are detained by customs and only released later. A separate procedure is also set out for cases where consignments are split up into parts.

To try to improve controls on imports of animal products in general, the regulation requires the competent authorities and the official veterinarians of each member state to coordinate with other enforcement services intelligence gathering on the introduction of animal products. This applies in particular to the following:

• information available to Customs services
• information on ship, boat, rail or aircraft manifests
• other sources of information available to the road, rail, port or airport commercial operators.

This coordination includes allowing the competent authority access to the databases available to the Customs services. Wherever possible, and subject to data security considerations, the IT systems used by the competent authority must be integrated with those of the Customs service and those of commercial operators, to speed the transfer of information.

TRAVELLERS' LUGGAGE

The regulation stipulates that certain products listed under directive 97/98/EC shall not be subject to systematic veterinary checks if they are less than 1kg in weight, are destined for personal human consumption, and come from an EU-authorised third country or area. This includes food sent as small consignments to private persons, as long as it is not imported by way of trade, and food in certain quantities which has undergone heat treatment in a hermetically sealed container to a specified degree.

PLANT PRODUCTS

In addition to products of animal origin, the regulation allows for the inspection of certain plant products. At the moment this is limited to straw and hay from countries such as Australia, Canada and New Zealand and from some non EU European states such as Bulgaria and Croatia. 

Commission regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at community border inspection posts on products imported from third countries OJ L 21. 28.01.04 pp 11-23.

http://europa.eu.int/eurlex/pri/en/oj/dat/2004/l_021/l_02120040128en00110023.pdf