Health

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Health Consumer Protection Directorate General

• Better Training for Safer Food
• 2008

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Training Course on checks in Border Inspection
Posts
Rotterdam, 27-30 May 2008
Common issues at a seaport
Drs. Bas van der Linden
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Common issues at a seaportCheck procedures

• pre-notification
• documentary check
• identity check
• physical check

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Common issues at a seaportpre-notification 1

• Commission Regulation (EC)136/2004 art.2
• 1. Before the physical arrival of the consignment
  on
• Community territory the person responsible for
  the load
• shall notify the arrival of the products to the
  veterinary staff
• of the BIP to which the products are to be
  submitted, using
• the Common Veterinary Entry Document (CVED, as
  set out
• in Annex III.

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Common issues at a seaportpre-notification 2

• Commission Regulation (EC)136/2004 art.2
• Without prejudice to paragraphs 1 and 3, the
• information contained in the CVED may, with the
  agreement
• of the competent authorities concerned by the
  consignment,
• be made the object of an advanced notification
  through
• telecommunications or other systems of electronic
  data
• Transmission. Where this is done, the information
  supplied
• in electronic form shall be that required by part
  1 of the
• model CVED.

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Common issues at a seaportpre-notification 3

• In case of non-compliance with art. 2, how to
  act?
• Directive 97/78/EC art 17.1 seize a consignment
  and destroy it or send it back according to
  paragraph 2 under a) of art. 17
• Which Member States act in this way?
• Practical problems
• who is responsible for the load in these cases?
• Who will pay for the veterinary checks?
• Or for the costs of destroying a consignment?

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Common issues at a seaportpre-notification 4

• Practical approach
• Make a difference between consignments which are
  not
• unloaded from their mean of transport and still
  are present
• in the BIP and the ones that left the BIP. If
  present in the
• BIP
• Keep records of shipping agents/responsibles
• Create possibilities in national legislation to
  give fines
• In case of repeated infringes prevent discharge
  of consignments, reject consignments or in case
  of severe animal health risk destroy consignments

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Common issues at a seaportpre-notification 5

• In the case a consignment left the BIP
• (in the Netherlands)
• The consignment is not unloaded and seal is not
  broken send it back to the BIP asap for a
  complete and thorough check. If no other
  irregularities consignment can be allowed to
  enter. ( keep records of these cases, fines etc.)
• If the seal is broken send the consignment back
  to the BIP if there is no direct risk for PH or
  AH. In the BIP the consignment will be rejected.
  If there is a risk destroy the consignment asap.
• Experiences / practices in other Member States?

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Common issues at a seaportDocumentary check 1

• R 136/2004 Annex I point 1 has to be arranged
  together with customs
• Original certificate? Stamped signed
• (part of) third country is authorised to export
  to EC? See list of countries (harmonised),non-harm
  . destination memberstate
• Certificate model? Harmonised vs non-harmonised

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Common issues at a seaportDocumentary check 2

• Certificate meets the general principles of
  certification, D 2002/99 Annex IV, e.g. date of
  issue
• Certificate has been fully completed
• It relates to an establishment or vessel
  authorised to export to the EC (harm.) or to the
  Member State concerned(non-harm)
• Official sign and stamp, name and function in
  capitals, in different colour

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Common issues at a seaportDocumentary check 3

• Part I of the CVED correctly and completely
  filled in?
• Information on part I of the CVED is
  corresponding with the relevant official document
• Question on which moment in the proces has the
  official document accompanying the consignment
  has to be handed over to the Official
  veterinarian? What to do with irregularities?

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Common issues at a seaportIdentity check 1

• Dir. 97/78 art. 2.2.c)
• Identity check means a check by visual
• inspection to ensure that the veterinary
• certificate(s) or veterinary document(s) or
• other document(s) provided for by
• veterinary legislation tally with the product
• itself

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Common issues at a seaportIdentity check 2

• Dir. 97/78 art.4.4.a)
• On each consignment
• Arrival in containers seal-check, esp. when
  required by Community legislation, intact and
  same sealnumber as on certificate (bulk !)
• In other cases for all types of product check of
  stamps, official marks and health marks
  identifying country and establishment of origin
  and are they conform to those on certificate.
  Check on specific labelling.

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Common issues at a seaportPhysical check 1

• Criteria laid down in Annex III D 97/78
• Sensory examination
• Simple physical tests
• Laboratory tests residues, pathogens
  contaminants, evidence of alteration. Also
  mentioned in Reg. 136/2004 Annex II monitoring
  plan, at random testing, testing on the bases of
  suspicion etc.

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Common issues at a seaportPhysical check 2

• Temperature means of transport, cold chain
• Real weight
• Wrapping materials, markings I-check
• Temp.check requirements in legislation?
• Sampling consignment 1,min 2, max 10. Bulk
  min. 5 samples

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Common issues at a seaportPhysical check 3

• Fully unloading means of transport in case of
  some irregularities
• After P-check official stamp, resealing
  containers (sealnumber on CVED)
• Measures to take in case of irregularities?

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Common issues at a seaportPhysical check 4

• reduced checks
• Dec. 94/360/EC
• On harmonised products
• On list of approved countries
• On list of approved establishments
• Model certificate

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Common issues at a seaportpersonal imports 1

• Reg. 745/2004 laying down measures with
• regard to imports of p.o.a.o. for personal
• consumption
• MS shall organise controls at non-BIP entry
  points
• Illegal imports are the biggest risk to introduce
  animal diseases
• Biggest risk with the (illegal) import of meat
  and meat products and milk and milk products

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Common issues at a seaportpersonal imports 2

• Art. 1all meat and meat products and all milk
  and milk products are to be presented to a BIP
• Unless products originate from Andorra, Norway
  and San Marino
• Art. 2 exemptions
• Art. 3 information to travellers
• Art. 4 controls and sanctions
• Art. 5 yearly report to the Commission

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Common issues at a seaportpersonal imports 3

• How to organise such controls in a seaport?
• Some figures for Rotterdam
• 31000 ships a year
• Port length 40 km
• Quay length 74 km
• Port area 10.500 ha
• 1. Cooperation with customs !
• 2. Risk analysis

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Common issues at a seaportpersonal imports 4

• Cooperation with customs
• Bilateral agreement
• Training of custom officers
• Regular meetings at different levels
• Reports of controls
• Evaluation

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Common issues at a seaportpersonal imports 5

• Risk analysis
• Regarding origin e.g. Cape Verdian
• Regarding period e.g. Chinese New Year
• Regarding number of passengers e.g. cruise ships
• Regarding other risk factors e.g. ship repair

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Common issues at a seaportTranshipment 1

• Dir. 97/78 art. 9
• Transhipment
• transport of a consignment through a
• (air)port belonging to the EU-territory
• from a third country to another third
• country or to a member state

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Common issues at a seaportTranshipment 2

• To a Member State DEC. 2000/25/EC
• Person responsible for the load has to notify the
  official vet. e.g. by using CVED
• Notify 1. ETA 2. BIP of destination 3. exact
  location of consignment
• Consignment leaves within 7 days only notify
• Consignment leaves 7-20 days D-check
• Consignment leaves over 20 days full check

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Common issues at a seaportTranshipment 3

• TO A THIRD COUNTRY ??
• Dir 97/78 ART 11 gt 9
• NO TIME LIMITS ?
• In the Netherlands we use the same limits as for
  import.

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Common issues at a seaportTranshipment 4

• BIP Rotterdam /- 20.000 transhipment containers
  a year
• Notify by CVED (electronic format) as
  prenotification
• Permission by customs under supervision OV

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Common issues at a seaportTranshipment 5

• Special attention for
• Agreement with Russia
• Controls at Short Sea Terminals in case of
  transhipment?