The European Commission has launched a public consultation on the appropriateness of introducing mandatory prior notification of shipments of food, plants and animals arriving in the EU.
Thus, a regulation supplementing the so-called Official Controls Regulation (EU) 2017/625 is envisaged for goods not already subject to special procedures or exemptions (referred to in OCR, Articles 47 and 48).
Official controls at the EU borders, the current rules
Official controls at the EU borders, as we have seen, fall under the responsibility of the Member States. (1) They organise them, in accordance with the criteria set out in the OCR and other regulations, with appropriate frequency and intensity determined on the basis of identified risk levels. (2) These official controls are carried out at a border control post and systematically include documentary control.
Identity and physical checks are carried out in relation to possible risks to human health, animal or plant health, animal welfare and the environment (in relation to GMOs, alien species and plant protection products).
Prior notification of EU incoming cargoes, work in progress
The Commission’s expert group has drafted a proposal for a delegated act, pursuant to Regulation (EU) 2017/633, aimed at defining the cases and conditions under which the competent authority may request operators to notify the arrival of goods entering the EU, when not subject to official control at border checkpoints.
Prior notification of incoming cargoes – already introduced in the USA with the ‘Bioterrorism Act’, back in 2002 – is intended to make available in advance, to border authorities, useful information for assessing the risks associated with such goods. And on this basis, plan official control activities.
The competent authorities – thanks to the data collected through advance notifications (which are added to other information, such as operators’ compliance records and the risk levels associated with the categories of goods, as well as with the countries of origin and those of dispatch, as far as regulations and official controls are concerned) – can optimise the categorisation of the risk associated with the transit/entry of non-EU import goods.
Incoming cargoes information
The operator responsible for the consignment should notify the consignment via TRACES prior to its physical arrival at the EU borders, with digital signature self-certification of the truthfulness and completeness of the information provided.
The information to be provided by prior notification concerns:
– consignor (name, address, country)
– border control post of entry into the EU
– consignee and place of destination (name, address, country)
– responsible operator at the border checkpoint (name, address, country)
– documentation accompanying the consignments, including commercial documents
– estimated date and time of arrival at the border control post
– country of origin (cultivation/harvesting/production) of goods
– means of transport used to reach the EU and country where transport originated
– consignor production facility (name, address, country, authorisation code where available)
– temperature category required during transport (ambient/chilled/frozen)
– container number (and seal if available)
– intended use of the goods or their category as specified in the accompanying documents
– information on the conformity of the goods with the applicable rules.
Destination of consignments
The intended destination of consignments, after they have left the border control post, must also be communicated when notifying incoming consignments, as follows:
– ‘for the internal market’
– ‘for transit’, with details of third country of destination, mode of transport and name of exit border control post. These consignments may also contain goods that are not authorised in the EU (e.g. feed additives of non-animal origin, plant protection products)
–‘for transfer to…’, where the goods are destined for control at places other than border control posts, based on national rules
– ‘for onward transport to…’, where the goods will be transferred to facilities designated by Member States for onward transport, based on national rules. These consignments may also contain goods that are not authorised in the EU and must be accompanied by appropriate information, as the case may be, on the customs warehouse or storage facility for temporary storage, or the free zone. Or the feed manufacturing plant, with an indication of its registration or approval number.
Description of goods
The description of goods, in the pre-notification of incoming shipments, should include:
– Combined Nomenclature (CN) code and title, European Union Integrated Tariff Code (TARIC)
– net and gross weights, in kg
– type and total number of packages in the consignment
– batch codes
– type of product, including information on organic or in-conversion products
– number of pieces or volume, where appropriate.
Information system
The information management system for official controls already in place, established and managed by the European Commission, can guarantee an adequate level of security with regard to electronic identification and certification. (3)
The standards already in use appear to be suitable for describing consignments of goods arriving at EU borders in sufficient detail for their prompt identification by the competent authorities and risk categorisation.
Verifications, records and decisions of the authorities
Following verification activities, the competent authorities should draw up written records of each control performed (4) and decide on the consignment, which may be:
– acceptable for the internal market
– not acceptable
– acceptable for onward transfer or transit or non-conforming goods.
Public consultation
The public consultation on this draft regulation – in which everyone (individual citizens, operators and their associations) can participate – is open until 15 May 2024 and accessible at the appropriate link. (5)
The European executive, as unfortunately often happens, has not carried out an impact assessment (cost/benefit) of the proposed measures. It is, however, easy to note how:
– the increased bureaucratic burdens are not substantial compared to the information already collected with a view to importing goods into the EU, and on the other hand
– prior notification could reduce the time and cost of official border controls, even substantially.
Dario Dongo, Sarah Lanzilli, Amaranta Traversa, Claudio Biglia
Footnotes
(1) Dario Dongo, Claudio Biglia. Which food controls at EU borders? FARE (Food and Agriculture Requirements). 20.4.24
(2) Regulation (EU) 2017/625, Articles 44.2 and 24.2 (for plant protection products)
(3) Reg. UE 2017/625, articolo 131.1
(4) Reg. UE 2017/625, articolo 13
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Veterinary manager ASL Città di Torino, specialist in Inspection of food of animal origin, expert in food law, has published in international journals and deals, among other things, with food delivery and hygiene of collective catering.
Veterinarian, specialist in the inspection of food of animal origin. He participates in several research projects in food safety and microbiology. She co-authored numerous monographs on food safety and over thirty scientific publications.
Veterinary surgeon, specializing in the inspection of food of animal origin. Since 1982 he has been a public veterinarian, since 1990 he has taught at the Universities of Turin and Teramo. He is the author of over seventy scientific publications and co-author of various texts on microbiology, radiocontamination of food, surveillance, health and food law, trade in public areas and communication in health emergencies.
