In recent years, the European Commission (EC) has revised its entire body of regulation governing animal health, animal welfare and public health including rules for import.
The import legislation has a logical structure based on EU regulatory principles:
- Comprehensive – everything is banned unless it is permitted
- Subject to standardised conditions based on OIE and Codex Alimentarius standards with additional risk assessment by the European Food Safety Authority
- Import permits are not required; anyone who presents a compliant consignment to a border control post (BCP) can expect it to be admitted
- No duplication – so rather than repeat text, it is cross-referenced
The downside of this structure is that it results in legislation which runs to hundreds of pages with numerous cross-references. It is difficult to navigate but you are often certifying that the consignment is compliant with the underlying law, not just the wording on the face of the export health certificate (EHC). The notes for guidance are some help but often just refer to the legislation and do not cover every eventuality.
It is difficult to navigate but you are often certifying that the consignment is compliant with the underlying law, not just the wording on the face of the export health certificate (EHC)
The legislation has a hierarchy, starting with the Animal Health Regulation 2016/429 which establishes overarching principles then tiers of detail below. For example, Regulation 2020/2235 specifies new model EHCs for many products; it has already been amended and mostly postponed until 15 January 2022.
There are frequent updates to tertiary legislation, for example in response to animal disease outbreaks in exporting countries.
The legislation has a hierarchy, starting with the Animal Health Regulation 2016/429 which establishes overarching principles then tiers of detail below
Defra is now developing eTrade which will exchange data with the EU Integrated Management System for Official Controls (IMSOC aka TRACES-NT). This should streamline the work of OVs, including automated translation into the official language of the border control post, removal of non-applicable text and making a paper copy with ink signature optional. If it is printed, then a 3D barcode links to the electronic original version.
Completing the EHC
Chapter 4 of 2020/2235 contains instructions for completing the Description of Consignment: part I of the standardised EHC. However, individual BCPs may have preferences for some items such as I.15 “Means of Transport”, so it is as well to take account of these when known.
The footnotes on the EHC often include guidance on what codes to use; however, some are counter-intuitive. Others such as region codes are found in legislation, sometimes transposed into notes for guidance.
Schedules are useful but must be mapped to the relevant boxes on the EHC and be very clear both for the BCP and the importer who must manually input every line of data into TRACES.
The requirements for stamping, page numbering, signing and initialling an EU EHC are now well established in Defra’s instructions.
Once you have completed the EHC, it should be double checked. Ideally, ask a colleague (who could look at a scan remotely). This is your last chance to spot errors, because the next scrutineer will be the BCP.
Retain supporting documents and justification for any actions which are not fully in line with notes for guidance; this is not uncommon because they do not cover every legitimate use of an EHC
Hand the EHC to the exporter and retain a copy or scan for your own records. Retain supporting documents and justification for any actions which are not fully in line with notes for guidance; this is not uncommon because they do not cover every legitimate use of an EHC.
Until recently, certified copies had to be returned to APHA, generally as scanned files. The volume of EHCs was increasing even before Brexit so capacity to store and check multi-megabyte files was stretched.
Now that Export Health Certification Online (EHCO) tracks most EHCs, copies do not have to be returned to APHA but they may request any EHC plus supporting evidence for audit purposes.
TRACES submission by importer
The next step is for the EU-based importer or import agent to input data to TRACES. They have to re-type every item which is time-consuming if there is a long or unclear schedule.
The importer notifies the BCP of the expected time of arrival, route and means of transport; they can vary this from what you have put on the EHC.
If the consignment is novel or contentious, it may be possible for the importer to submit a copy certificate before the consignment and the original EHC leave the control of the OV
If the consignment is novel or contentious, it may be possible for the importer to submit a copy certificate before the consignment and the original EHC leave the control of the OV, making it possible to replace the EHC if they find fault. Not all BCPs or import agents will do this.
Border control post
The BCP implements EU law with minimal flexibility to admit imperfect consignments because in most cases the products are released for free circulation throughout the EU Single Market. They work with customs to try to catch any product of animal origin (POAO) which has been wrongly described or not notified. Products such as “vegan bacon” may be challenged.
The BCP implements EU law with minimal flexibility to admit imperfect consignments because in most cases the products are released for free circulation throughout the EU Single Market
The EU ensures that BCPs take a consistent approach to avoid shopping around by importers looking for an easy route. If a category of export has a history of non-compliance at any BCP, TRACES will direct intensified checks at all BCPs.
The BCP checks the documents for every consignment, including commercial documents to find inconsistencies with the EHC. There will be an identity check but if the vehicle is officially sealed by the certifying OV that is usually just a seal check.
A proportion of consignments receive physical checks, some at random but others to follow up discrepancies in paperwork. Often, it is just a matter of opening the doors to see that the load agrees with the documents plus temperature and condition of the goods. However, especially if there is a suspicion of non-compliance, it is possible for the vehicle to be unloaded and a sample of packages opened with in-depth investigation such as laboratory tests for microbiology. The load may be detained awaiting results which can be costly, especially if the goods are perishable.
Any errors which cast doubt on the identity or compliance of the goods or physical problems including damaged packaging are likely to result in return or destruction of the whole consignment
Some minor documentary issues can be corrected at the BCP. However, any errors which cast doubt on the identity or compliance of the goods or physical problems including damaged packaging are likely to result in return or destruction of the whole consignment at the expense of the importer.
EU Commission DG SANTÉ F
Formerly the Food and Veterinary Office, the EU Commission’s DG Health and Food Safety, or DG Santé Directorate F, audits compliance with food safety, public health and animal health legislation in EU member states, candidate countries and countries which export to the EU. They have an agreed annual work programme which is published and which for 2021 included matters “to be determined” for the UK. Effort is proportionate to risk and there can be urgent inspections when serious problems are found such as a food safety incident, animal disease outbreak or an ineffective competent authority.
If your performance and records are found to be deficient then there could be reinforced checks at the BCPs, a safeguard measure blocking trade or a requirement for OV certification to be closely controlled
Given that the UK is a major exporter of food to the EU and has declared an intention to diverge from EU standards, it would not be surprising if they appeared some day and checked the whole production chain, including your EHCs, or more precisely Defra’s exercise of its delegated authority to OVs. They could pick on almost anyone and if your performance and records are found to be deficient then there could be reinforced checks at the BCPs, a safeguard measure blocking trade or a requirement for OV certification to be closely controlled.
