APHA :: Product of Animal Origin

Products of Animal Origin

Imports are controlled through a system of checks aimed at making sure that the products meet Community standards in terms of animal and public health. This system of checks is commonly referred to as the veterinary checks regime. Checks are carried out at Border Inspection Posts (BIPs), designated points of entry into the Community.

Veterinary Checks I Border Inspection Posts I Products Subject to Import Controls I Import Conditions I Common Veterinary Entry Document I Documentary Check I Identity Check I Physical Check I Physical Checking Frequency I Pre Notification I Charging I Satisfactory Checks I Unsatisfactory Checks I Smuggled Imports I Personal Imports I Guidance I Legislation

Veterinary Checks
European Council Directive 97/78/EC is the main decision setting out the principles of veterinary checks on imports. The Products of Animal Origin (Third Country Imports) Regulations adopt the provisions of the directive into UK law.

Border Inspection Posts
A port can only be designated as a BIP if it meets the approval requirements laid down in Commission Decision 2001/812/EC, and has been inspected by officers from the European Commission. The BIP requirements relate to the provision of facilities for the checking of products and application of procedures for controlling their import.

In the UK, Port Health Authorities or Local Authorities operate BIPs approved for imports of food. A BIP only designated for the landing of products not for human consumption would be operated by Animal Health in England and the devolved administrations in Scotland, Wales and Northern Ireland.

Products arriving at sea ports and airports which are not approved BIPs or not approved for that product cannot be redirected to an approved BIP, they will be treated as an illegal import and refused entry into Europe.

A list of approved BIPs in the UK can be found on the Defra website. For a list of all BIPs in the EU and their contact details, and more information on the EU veterinary checks regime go to the EU DG SANCO website.

Products Subject to Import Checks
Commission Decision 2007/275/EC lists the products that are subject to veterinary checks and includes products such as:

red meat and poultry and foods containing these
fish and shellfish
dairy products such as milk, butter, cheese, yoghurt
honey
hay and straw

Import conditions
Products can only be imported from third countries that have been approved by the Commission. Products must also originate from an approved premise and comply with animal and public health conditions.

Import conditions are laid down in specific decisions by country and product. These import conditions must be complied with for a consignment to be permitted free circulation within the EU.

As a general rule all products of animal origin intended for human consumption will require health certification issued by the competent authority of the exporting country containing declarations of compliance with the public and animal health criteria laid down in the import conditions. Further information about certification principles can be found below.

Consignments of products of animal origin cannot be removed from the BIP until all veterinary checks have been completed and any fees required, paid.

Common Veterinary Entry Document
The Common Veterinary Entry Document (CVED) is a document that shows that the necessary checks have been carried out on entry into the EU and can be found in Commission Regulation 136/2004.

After the checks are finished the CVED will be completed. The checks that have been carried out will be indicated and the document signed and stamped. The original CVED will be returned to the importer/agent and must travel with the load to the first establishment where it should be retained.

The blank CVEDs are available on the TRACES system. Importers may complete their declaration, contained in Part 1 of the form on-line.

Documentary Check
The documentary check is the assessment of the CVED, public and or animal health certificates and accompanying commercial documentation, which may include bills of lading, invoices and packing lists.

Identity Check
All consignments are subject to identity checks which involves the verification that the product, health marks, stamps and other necessary product and or package information conforms to the declaration on the health certificates and accompanying documentation.

Physical Check
Consignments must also be physically checked. The physical check may include sampling the product to look for pathogenic micro-organisms or illegal contaminants such as veterinary drugs residues or heavy metals.

From time to time, BIPs may be instructed by the European Commission via their national governments, to vary the rate of checking and type of sampling because of known problems in the exporting country.

Physical Checking Frequency
Commission Decision 94/360/EC prescribes the level of physical checks for certain products. In general the minimum number of consignments to be subjected to a physical check are 20% for meat, meat products, fish, fishery products, 50% for poultry meat, honey, dairy products, and at between 1% and 10% for most products of animal origin that are not intended for human consumption (balai products).

The European Union has negotiated equivalence agreements with New Zealand and Canada. Imports from these countries are subject to lower physical checks and the charges levied for imports may be at a reduced level.

Pre notification
A requirement of the legislation is that importers notify the authority responsible for the BIP of the intended arrival of all products of animal origin. It is usual for this notice to be the submission of the CVED by the importer or their agent. The TRACES system can be used to submit the CVED document to the BIP.

Charging
There is a standard minimum charge to cover the cost of veterinary checks this must be paid before the consignment may be released for free circulation. Where the cost of inspection is more than the standard minimum charge, the actual cost can be levied. Further charges for laboratory examination or analysis may also be levied.

Satisfactory checks
On satisfactory completion of checks at a BIP, products may be released for free circulation into the Community. Consignments may also be released for purposes other than human consumption or removal under customs control to another member state where the product will be finally cleared.

Unsatisfactory Checks
Products failing to satisfy import conditions may be re-exported to a country outside the EEA. However, if the consignment is deemed to be a risk to human/ or animal health, or where the person responsible for the consignment fails to comply with a direction to re-export, it must instead, be sent for destruction by incineration. All costs for destruction are to be met by the person responsible for the consignment.

Where, following veterinary checks on a product, a notice is served requiring that product is to be re-exported or destroyed. An appeal may be brought to a Magistrates Court. This right must be exercised within one month of the notice being served.

Judicial Review is still the only form of redress available for some enforcement notices under the Regulations. On receipt of a notice, recipients are advised to contact their legal advisers if they think they may wish to appeal against the notice.

Smuggled Imports
The responsibility for enforcing the controls in relation to illegal imports at ports has been assigned to Customs. Local Authorities are responsible for this activity inland. The current Defra enforcement guidance for illegal imports can be downloaded here. This guidance is currently being revised.

From April 2006 seizures of illegal animal product imports should be notified to Defra by completing the IIT form. The covering letter from Defra regarding completion of this form is available here.

Personal Imports
The rules on personal import allowances have been tightened from 1 January 2003. This means that meat, milk, and their products are banned from entering the United Kingdom from most Non-EU countries. Certain allowances are permitted from particular countries, details of which are available on the DEFRA website.

Guidance

FAQs on POAO Imports from EC Website

POAO Good Practice Guide

Identification Marking of Fish - APHA Guidance

Guidance for Importers

Codex Principles of Certification

Legislation
England

Scotland

Wales

Northern Ireland

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