HEALTH & CONSUMERS DIRECTORATE-GENERAL

Transcription

1 EUROPEAN COMMISSION HEALTH & CONSUMERS DIRECTORATE-GENERAL Directorate F - Food and Veterinary Office DG(SANCO)/ MR - FINAL FINAL REPORT OF A MISSION CARRIED OUT IN SWEDEN FROM 20 APRIL TO 24 APRIL 2009 IN ORDER TO EVALUATE IMPORT/TRANSIT CONTROLS AND BORDER INSPECTION POSTS In response to information provided by the Competent Authority, any factual error noted in the draft report has been corrected;any clarification appears in the form of an endnote.

2 Executive Summary This report describes the outcome of a mission carried out by the Food and Veterinary Office (FVO) in Sweden, from 20 to 24 April Its overall objectives were to evaluate the import/transit control system in place for products of animal origin and live animals and to verify the application of EU requirements in two approved BIPs. The main conclusions are as follows: Since the last mission in 2005, the import/transit control system in place has improved at central level regarding implementation of internal audits by NFA and at BIP level for notification of consignments prior to arrival, for cross checks carried out between manifests and notifications, veterinary checks and veterinary decisions taken. The import/transit control system is weakened by staff shortages (SBA) and allocation of competencies to many different authorities. The latter is complicating procedures and was identified as reason why staff was not fully aware of their responsibilities. Consignments have been identified, which had escaped veterinary checks at the BIP, despite the implementation of cross checks with manifests, and identification and selection of relevant consignments is not fully sufficient. Co-operation between Customs and BIPs is not fully satisfactory and the veterinary decision on the CVED is not always respected (no T5 document issued by Customs for channelled consignments). There was no improvement for the checks on passenger luggage, as customs did not receive training and are not fully aware of the current requirements. Disposal and destruction of seizures has not been clarified (under Regulation (EC) No 1774/2002 or national legislation). Significant shortcomings were noted for the supervision of non-eu-complying consignments by BIP staff due to incomplete instructions and lack of training. Requirements of Regulation (EC) No 1774/2004 regarding collection, disposal and destruction of catering waste were not implemented except for the required labelling of the container since January No supervision of the two main caterers took place up to date regarding catering waste disposal, as NFA was not aware of its responsibility. At both BIPs visited, shortcomings were noted as facilities are located outside the customs designated area and shared between HC and NHC without the required risk assessment and notification to the Commission (Helsingborg port), and as there is a risk of cross contamination due to the flow of staff (Göteborg port). For both BIPs, the construction of new facilities is planned for 2010 and The report makes a number of recommendations addressed to the Swedish competent authorities, aimed at rectifying the identified shortcomings and/or further enhancing the control measures in place. i

3 TABLE OF CONTENTS 1 INTRODUCTION OBJECTIVES OF THE MISSION LEGAL BASIS FOR THE MISSION BACKGROUND FINDINGS AND CONCLUSIONS Competent Authorities Management structure and organisation of CCA/CA Allocation of competencies among CAs Staff and training Legislative and administrative provisions Transposition/effectiveness and speed of application of EU legislation Administrative provisions for implementation Implementation of TRACES Databases and distribution of documentation/information Application of legal powers available to official services Controls for import/transit consignments at entry BIPs Identification and selection of consignments Veterinary checks Monitoring plans for sampling imported consignments Re-imported consignments Decision on the consignment Animal welfare Monitoring the exit of transit consignments Veterinary fees Controls and supervision of transit consignments at exit BIPs Controls and supervision of non-eu-complying consignments in free zones, free and customs warehouses/ship suppliers Free zones Customs warehouses and ship suppliers Import controls on personal and non-commercial traffic Personal baggage and mail Non-commercial pet animals Controls on kitchen waste Supervisory systems Supervision, inspections and reporting Communication and co-operation between services Ancillary facilities for BIPs...26 ii

4 5.9 Individual BIPs: facilities, equipment and hygiene OVERALL CONCLUSION CLOSING MEETING RECOMMENDATIONS iii

5 ABBREVIATIONS & SPECIAL TERMS USED IN THE REPORT Abbreviation Approval categories BIP CA CAB CCA CITES CN-code Customs CVED Decision on the consignment DVD FVO Kitchen waste Explanation Categories of live animals and animals products for the receipt of which BIPs are approved in accordance with Commission Decision 2001/881/EC, as follows: HC NHC T(FR) NT Products fit for human consumption Other products (Products not fit for human consumption) Frozen products No temperature requirements (2) Packed products only E Live animals: registered equidae (as defined in Council Directive 90/426/EEC) O Live animals: other animals (including zoo animals) Border Inspection Post as defined in Council Directives 97/78/EC and 91/496/EEC Competent Authority County Administrative Board Central Competent Authority Convention on International Trade in Endangered Species of Wild Fauna and Flora The goods nomenclature code as laid down by Annex 1 to Council Regulation (EEC) No 2658/87 (i.e. the Combined Nomenclature) National Customs Authority within the Ministry of Finance Common veterinary entry document for products of animal origin as laid down in Annex III to Commission Regulation (EC) No 136/2004 and for live animals as laid down in Annex I to Commission Regulation (EC) No 282/2004. The decision made by the OV at the BIP and entered on the CVED, as to the outcome of veterinary checks and the resulting fate of consignments. District Veterinary Department Food and Veterinary Office Catering waste from means of transport operating internationally as defined in Art. 4 (1) (e) of Regulation (EC) No 1774/2002 iv

6 Abbreviation Manifest NFA POAO Positive list RASFF messages SBA TRACES Explanation A document specifying in detail the items carried by boat, rail or aeroplane arriving in ports/rails/airports of destination for a specific destination National Food Administration (Livsmedelsverket) Products of Animal Origin List of commodities of animal origin which are subject to veterinary checks in BIPs, as specified in Commission Decision 2007/275/EC Messages used in the Rapid Alert System for Food and Feed of the European Commission Swedish Board of Agriculture (Jordbruksverket) TRAde Control and Expert System introduced by Commission Decision 2004/292/EC v

7 1 INTRODUCTION This mission to Sweden took place from 20 to 24 April The mission team comprised an inspector from the FVO and an observer from EFTA Surveillance Authority. The mission was undertaken as part of the FVO s planned mission programme. During the mission, the inspection team was accompanied by representatives from the CCAs, the Swedish Board of Agriculture (SBA), the National Food Administration (NFA) and Customs. An opening meeting was held on 20 April 2009 with the representatives from CCA. At this meeting, the inspection team confirmed the objectives of and itinerary for the mission. Additional information required for the satisfactory completion of the mission was provided by the CCA. 2 OBJECTIVES OF THE MISSION The objectives of the mission were: - to evaluate the import/transit control system in place for products of animal origin (POAO) and live animals and to assess the implementation of EU measures regarding products of animal origin for personal consumption, - to verify the application of EU requirements, and within this context to assess the implementation of the action plans developed in response to previous FVO-missions, - to verify whether the relevant EU requirements in relation to infrastructure, equipment, hygiene, staffing and documentation are correctly applied at two approved Border Inspection Posts (BIPs). The mission scope covered the import/transit control system at central and local level including various categories of entry points, and the general elements of the systems put in place to prevent and detect illegal imports to give effect to EU rules on imports of POAO and live animals including transit controls and supervision of non-eu-complying consignments. In terms of the criteria applied, the assessment was undertaken against the requirements set out in Council Directives 97/78/EC, 91/496/EEC, and the relevant implementing Regulations and Decisions, and Commission Regulation (EC) No 745/2004, Regulation (EC) No 882/2004 of the European Parliament and of the Council and Regulation (EC) No 998/2003 of the European Parliament and of the Council. In pursuit of these objectives, the following were visited/meetings were held with: 1

8 Competent authorities Authority Customs Central/ Local Central/ Local Comments Opening and closing meetings, meetings in course of visits to BIPs Opening and closing meeting and on-the-spot visits Entry points 3 2 port BIPs and one international airport Customs warehouse 1 Customs warehouse approved under Art. 12 (4) and authorised as ship supplier under Art. 13 of Directive 97/78/EC Caterer 1 Supplying aircraft travelling internationally 3 LEGAL BASIS FOR THE MISSION The mission was carried out under the general provisions of Community legislation and in particular under the requirements of Art. 2 of Commission Decision 2001/881/EC, Art. 6 of Council Directive 2002/99/EC, Art. 19 of Directive 91/496/EEC and Art. 45 of Regulation (EC) No 882/2004. Legal acts quoted in this report are provided in Annex 1 and refer, where applicable, to the last amended version. 4 BACKGROUND The last missions concerning import controls were in October 2005, the results of which are described in DG(SANCO)/7725/2005-MR Final (hereafter: report 7725/2005) and in DG(SANCO)/7626/2005-MR Final (hereafter: report 7626/2005) and in December 2006 with respect to the requested approval of another proposed BIP, the results of which are described in DG(SANCO)/8330/2006-MR Final. These reports are available on the Internet at: Although the CCA provided action plans to address all the recommendations made in the previous mission reports and these actions mostly addressed adequately the deficiencies observed, a follow up of the efficiency of the actions indicated and an evaluation of the 2

9 implementation of new or amended EU import/transit legislation is required. The details of BIPs visited are given in the table below: Location Type Approval as in Decision 2001/881/EC Last visit Last report Consignments in 2008 Transit exit Helsingborg Port HC(2), NHC-NT(2), 10/ / NHC-T(FR)(2) Göteborg Port HC(2), 10/ / NHC-NT(2), E*, O* 5 FINDINGS AND CONCLUSIONS 5.1 COMPETENT AUTHORITIES Management structure and organisation of CCA/CA Management structure and organisation of the competent authorities can be found in the Country Profile Report of Sweden (DG(SANCO)/7705/2008 CP Final). This report is available on the Internet at: Within the Ministry of Agriculture, the two authorities SBA and NFA have responsibility for the import/transit control system. The SBA is responsible for import/transit controls on live animals and POAO not intended for human consumption and for the implementation of checks on POAO in personal luggage. The NFA is responsible for import/transit controls on commercial POAO intended for human consumption. Since 1 January 2007, the official veterinarians responsible for import/transit controls of live animals and POAO not intended for human consumption in the five BIPs (Stockholm-Arlanda, Göteborg-Landvetter, Göteborg; Helsingborg and Norrköping) although employed by SBA, have been allocated to the SBA's District Veterinary Department (DVD). 3

10 The official veterinarians responsible for import/transit controls of POAO intended for human consumption in the five BIPs (Stockholm-Arlanda, Stockholm, Göteborg-Landvetter, Göteborg and Helsingborg) are directly employed by the NFA and belong to the International Trade Division. Customs, within the Ministry of Finance, is divided between Law Enforcement and Management of Trade. Customs clearance (Management of Trade) is centralised to three customs offices based in Stockholm, Malmö and Göteborg. In the Customs Law Enforcement there are 54 anti-smuggling teams that are responsible for carrying out the customs control of vehicles, travellers and baggage. Within each of the three responsible authorities, a management structure with a chain of command is established Allocation of competencies among CAs Based on Art. 4 of Regulation (EC) No 882/2004 MS shall designate the competent authorities responsible for the purposes and official controls set out in the Regulation, ensure the impartiality, quality and consistency of official controls at all levels and when, within a competent authority, more than one unit is competent to carry out official controls, efficient and effective coordination and cooperation shall be ensured between the different units. Within the NFA, the International Trade Division of the Food Control Department and within SBA, the Division of Veterinary Affairs of the Department for Animal Welfare and Health are responsible for supervision of the BIPs, including issuing of instructions and training for veterinarians. For four of the six listed BIPs, both, the SBA and the NFA, have responsibility, for the BIP Norrköpping only the SBA is involved and for the BIP Stockholm port only the NFA. Since January 2009, the County Administrative Boards (CABs) under the Ministry of Finance, are responsible for animal welfare issues and the prosecution of infringements also at BIPs. The CABs carry out official controls to check that the design of the facilities is in accordance with animal welfare legislation. The NFA is responsible for approval and suspension of approval under Art. 12 (4) of Directive 97/78/EC for customs warehouses, authorisation of ship suppliers under Art.13 of Directive 97/78/EC and the supervision of these establishment regarding non-eu-complying consignments of POAO. The responsibility for veterinary checks on non-eu-complying consignments stored in the approved customs warehouse and the authorised ship suppliers has been allocated to the BIP staff of NFA in Göteborg. The SBA has responsibility for the implementation of Regulation (EC) No 4

11 1774/2004 regarding animal health issues. Supervision of disposal and destruction of catering waste, when leaving the catering establishment, or when unloaded from international ships at ports, is ruled in Art. 13 of Government Ordinance 2006 : 814 of the SBA, implementing Regulation (EC) No 1774/2002 and allocates this responsibility to the Municipalities. In general, Art. 23 of the Swedish Food Decree (2006 : 813) allocates the responsibility for supervision of hygiene including control of collection and disposal of kitchen waste from internationally operating means of transport at caterers to the local municipalities. However, based on Art. 15 of the Swedish Food Act (2006 : 804), this responsibility can be transferred to the NFA. This has been done for the two main airport caterers, for which at present, the NFA is responsible for supervision. However, staff at the NFA was not aware, that this transfer of responsibility included the supervision of collection and disposal of catering waste under the requirements of Regulation (EC) No 1774/2002. Checks of personal luggage as required by Regulation (EC) No 745/2004 are carried out by Customs; however, up to now, no administrative measure defines the responsible authorities for Regulation (EC) No 745/2004 and how to supervise the correct application of the official controls required and the disposal and destruction of seizures of prohibited POAO. The SBA informed the mission team, that with letter dated 13 February 2009, the Bureau of the Government has requested further information from the SBA in order to allocate responsibilities with respect to Regulation (EC) No 745/2004. Checks on movement of non-commercial pet animals as required by Regulation (EC) No 998/2003 are carried out by Customs and the SBA has issued two Instructions - on 10 April 2008 and 21 August 2008 with respect to checks on dogs and cats. BIP staff of the SBA are responsible for the final decision on the movement of non-commercial pet animals, if Customs detect non-compliance with the legal requirements for these animals. Most of the responsible authorities are defined in national legislation. However, the allocation of competencies to many different authorities has increased the risk that staff are not fully aware of their responsibilities. The fact that the responsible authorities for Regulation (EC) No 745/2004 are not clearly defined may increase the risk that checks on personal luggage for POAO are not carried out at all entry points in a harmonised way and supervised as required by Art. 4 of Regulation (EC) No 745/ Staff and training Artt. 4 and 6 of Regulation (EC) No 882/2004 require competent authorities to ensure that they have sufficient number of suitable staff who receive appropriate training, are kept up-to-date in their competencies, and have an aptitude for multidisciplinary cooperation. Resource and training requirements are also prescribed in the second indent 5

12 of Annex II to Directive 97/78/EC and in point 2 of the Annex to Commission Decision 2001/812/EC. At central level at the SBA, there are no staff specifically responsible for the import/transit control system, but different staff contribute with regard to the legislation for which they are responsible. These combined are equivalent to approximately two full time veterinarians. At the DVDs, there are 30 veterinarians trained by SBA for import controls of which nine work regularly at the BIPs. All trained veterinarians at the DVDs are also responsible for other tasks allocated to the DVDs. The SBA stated that the number of staff at central and local level is not sufficient for all tasks related to the import/transit control system. At the NFA at central level, there are five veterinarians and three administrative staff partly working for the import/transit control system who are equivalent to two and a half full time staff. At the five BIPs, there are eight veterinarians, equivalent to five full time staff, one full time fish inspector and two veterinarians and two fish inspectors paid by hours. The NFA stated, that the number of staff available is sufficient. The SBA as well as the NFA organise training for their BIP staff. The NFA identifies the yearly training needs and organises two training courses (one two-day course and one one-day course) for BIP staff. All permanent employed BIP veterinarians have participated in the Commission training "Better Training for Safer Food". In addition to these training courses, BIP staff can visit or work in other BIPs including BIPs in other Member States. At present, the NFA is developing guidelines to define the training profile required for a border veterinarian or fish inspector. The SBA organises a training course each autumn for their BIP staff as ongoing training at which about 10 of the 30 veterinarians participate. Their BIP staff also can attend the Commission training "Better Training for Safer Food" and a BIP training in Danish BIPs, provided every second year. Initial training for BIP staff of SBA is either a four day training course (one day at SBA at central level, two days at a BIP and another day at SBA at central level) or a training in Danish BIPs. Training provided by the NFA to BIP staff has focused on veterinary checks on imported consignments and has not included supervision of non-eu-complying consignments at customs warehouses and ship suppliers in detail. It was noted, that BIP staff were not aware of all relevant requirements of Directive 97/78/EC and Commission Decision 2000/571/EC (see and 5.5.3). Training for Customs has been provided by the SBA and the NFA. In a one-day training course on veterinary controls, in November 2007, 44 customs officers participated. The next training is organised for 3 June 2009, and another planned for 6

13 autumn 2009, including the TRACES system. No training with respect to checks on passenger luggage required by Regulation (EC) No 745/2004 or checks on movement of non-commercial pet animals required by Regulation (EC) No 998/2003 has been provided to Customs at the entry point visited so far. It was noted, that customs officials were not aware of all relevant requirements (see and 5.6.2). In addition, in 2008 and 2009, training for customs on veterinary checks was provided by BIP staff at the BIPs Stockholm port and BIP Göteborg. At the BIPs visited, staff participated in training and training records are kept at the BIP or are available at the intranet, except for two fish inspectors working on request. In general, training provided to BIP staff was sufficient to carry out veterinary checks on imported consignments correctly. However, incomplete awareness of relevant EU requirements of BIP staff regarding supervision of customs warehouses and ship suppliers and of Customs regarding checks on passenger luggage and non-commercial pet animals, indicated the need of more training to ensure the correct application of EU legislation. Shortages of staff within the SBA and other non BIP related tasks allocated to border veterinarians of the DVDs increases the risk that official import/transit controls cannot be carried out in line with the requirements of Directive 97/78/EC and 91/496/EEC. 5.2 LEGISLATIVE AND ADMINISTRATIVE PROVISIONS Based on Art. 4 of Regulation (EC) No 882/2004 the MS shall ensure that the CCA adopt measures to guarantee application of EU legislation and to ensure the impartiality, quality and consistency of official controls at all levels, including the import/transit control system. Art. 8 of Regulation (EC) No 882/2004 of the European Parliament and of the Council requires documented procedures which contain information and instructions or a manual of procedures for personnel carrying out veterinary checks in order to allow correct and uniform implementation of the requirements. Several pieces of EU legislation require entry point lists or certain establishment lists linked to controls to be established (Artt. 8 (6) and 12 (4) of Directive 97/78/EC, Chapter XI of Annex VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council) Transposition/effectiveness and speed of application of EU legislation According to the information provided by the CCA, EU Directives, relevant for import/transit controls, had been transposed. EU Regulations and most of the Decisions relevant for import/transit controls are directly applicable. 7

14 The requirement of Art. 6 (1) of Directive 97/78/EC, that a BIP is located in the customs designated area, has been transposed in national legislation by the NFA but not by the SBA, as described in report 8330/2006. The SBA had informed the FVO, that due to lack of resources, an amendment of national legislation is not expected to be adopted before the end of The requirement of Art. 3 (3) of Directive 97/78/EC and Art. 2 (1) of Regulation (EC) No 136/2004, to notify a consignment to the BIP before physical arrival on Community territory, has not been transposed correctly, as national legislation requires notification before presenting a consignment to the BIP (see also point 5.3.1). EU legislation is generally applied. However, the fact that national legislation does not fully transpose Art. 3 (3) and Art. 6 (1) of Directive 97/78/EC weakens the import/transit control system in place and increases the possibility that consignments avoid required veterinary checks Administrative provisions for implementation A list of entry points as required by Art. 13 of Regulation (EC) No 998/2003 was established in 2003 and is available on the Commission webpage. However, no list of entry points for pet birds as required in Art. 2 of Decision 2007/25/EC is published. One customs warehouse and two ship suppliers are approved/authorised and a list of these is available on the Commission web page. However, no approval number has been provided and published for the customs warehouse and therefore, CVEDs (box 22) for consignments destined to that customs warehouse cannot be completed properly. The SBA has not provided clear instructions, how seizures of POAO in personal luggage must be destroyed in line with national legislation (Art. 4 (2) of Regulation (EC) No 745/2004). For Regulation (EC) No 318/2007 and Commission Decision 2008/946/EC, which establish the quarantine requirements for imports of birds other than poultry and live animals of aquaculture, relevant information or implementing administrative provisions have not yet been provided to the BIPs. A manual of procedures (by the NFA) or instructions (by the BSA) with respect to import/transit controls are provided to the BIPs and updated versions are available on the intranet. However, with respect to supervision of non-eu-complying POAO stored in approved customs warehouses and/or authorised ship suppliers, the manual of procedure does not provide sufficient clear guidance to BIP staff. The SBA and Customs participated in working group meeting discussing the Regulation (EC) No 206/2009 regarding checks on personal luggage of passengers. The requirements of the new legislation will be available on the web page of 8

15 Customs. However, neither the SBA nor Customs have provided or planned to provide further detailed instructions to customs staff (about 500) responsible for the checks on passenger luggage in order to implement the new requirements in a correct and uniform manner from 1 May 2009 on. Based on Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, list (1999/C 356/02) catalogues all places of introduction and export designated by Member States for trade with third countries in accordance with Art. VIII (3) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Swedish list of entry points for CITES live animals and POAO lists correctly the two entry points for non-commercial pet animals which have also a BIP listed for the approval category O and NHC and four entry points at the border to Norway. However, the CITES list contains also the entry point Göteborg port where the approval for O is suspended for the listed BIP. The necessary administrative measures for most of the directly applicable Regulations and the Decisions had been implemented. However, incomplete list of entry points (Decision 2007/25/EC), lack of issuing approval number for customs warehouses (Art. 12 of Directive 97/78/EC) and no clear decision with respect to Art. 4 (2) of Regulation (EC) No 745/2004 may weaken the import/transit control system in place. Due to the lack of administrative measures to implement the quarantine requirements of Regulation (EC) No 318/2007 and Decision 2008/946/EC, there is a risk, that not all imports of birds other than poultry or live animals of aquaculture are directly transported from the BIP to an approved quarantine establishment when required. Insufficient clear guidance for BIP staff regarding supervision of non-eu-complying consignments, was identified to have caused most the shortcomings reported under points and of this report with respect to the implementation of Artt. 12 and 13 of Directive 97/78/EC and Decision 2000/571/EC. The lack of detailed instructions regarding the new requirements of Regulation (EC) No 206/2009 increases the risk, that from 1 May 2009 on, checks on personal luggage and seizure of prohibited POAO may not carried out correctly and in a uniform manner by all Customs officials. Due to the inconsistency between the CITES list and the approval categories of the listed BIPs and the lack of additional information provided to the public, there is a risk, that animals of category "O" are presented at Göteborg port for CITES checks without undergoing the required veterinary checks at a BIP Implementation of TRACES Art. 3 (3) of Commission Decision 2004/292/EC requires to use the TRACES-system for all consignments received at BIPs. This system replaced the ANIMO-system which is foreseen by EU legislation as a means of communication in relation to specific 9

16 consignments received at BIPs, e.g. channelled and rejected consignments, non-eu-complying consignments for transit, warehouse storage or ship supply. Consignments introduced in Sweden are being entered into TRACES as required by Art. 3 (3) of Commission Decision 2004/292/EC. At the BIPs visited, most of the importers use the TRACES system to notify relevant consignments to the BIPs and to fill in part one of the CVED. Local units which can receive TRACES messages are the DVDs (for issues related to the SBA) and the CABs (for issues related to NFA). The Municipalities are not local units to which a TRACES number has been allocated and cannot receive TRACES messages. Therefore, at one BIP visited, the relevant information with respect to some re-imported consignments was forwarded to the competent authority (Municipality) by phone and not via TRACES as provided for in Art. 15 (4) of Directive 97/78/EC. The BIPs visited are using the TRACES system as required in EU legislation. However, not all TRACES messages can be directly sent to and received by the respective competent authorities as required by EU legislation Databases and distribution of documentation/information The registers and records to be maintained in BIPs are laid down in points 4 and 5 of the Annex to Decision 2001/812/EC, whereas point 4 specifies the alternative records to be kept in electronic or paper form at the BIP, such as registers in accordance with Commission Decisions 97/394/EC and 97/152/EC and a register on the reduced frequency of checks (Commission Decision 94/360/EC) as well as one of all samples taken for laboratory tests, if the data are not entered into TRACES. Records of checks made and anomalies found must be kept, where arrangements for the disposal of waste of POAO are under the responsibility of the BIP, as well as records to demonstrate that regular checks have been made at free zones, free/customs warehouses or ship suppliers within, or closely associated with, the BIP area. In addition to TRACES, the national system REDA of the NFA is used for statistical purposes and for calculating of veterinary fees for POAO intended for human consumption. Laboratory sampling is inserted into REDA to provide information foreseen in Decision 2001/812/EC and to follow up pending results. In addition to the manual of procedures available on the intranet of the NFA, paper copies of relevant information are kept at the BIPs, including e. g. signatures of veterinarian officials from third countries, or the veterinary agreement between New Zealand and the EU. 10

17 Commission databases and web pages were used as a source for information on import control requirements. At the BIPs visited, the availability of the required documentation could be demonstrated. At the BIPs visited, no deficiencies were noted with respect to the availability of the required documentation and the registers kept Application of legal powers available to official services Art. 54 of Regulation (EC) No 882/2004 requires a competent authority which identifies non-compliance to take appropriate action to ensure that the operator remedies the situation. In deciding on the action, it must take account of the nature of the non-compliance and the past record of the operator involved. The article prescribes the nature of the measures which such action should include, where appropriate, inter alia the restriction or prohibition of the placing on the market, import of feed, food or animals. The operator concerned, or a representative, must be given written notification of the decision for action, the reasons involved, and the rights of and procedures for appealing that decision. The expense for the action is to be borne by the operator. Art. 55 of Regulation (EC) No 882/2004 requests Member States to lay down rules on sanctions applicable to infringements of feed and food law and other EC provisions relating to the protection of animal health and animal welfare and to take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive. Furthermore, Member States shall notify the provisions applicable to infringements of feed and food law and any subsequent amendment to the Commission without delay. The Food Act (2006:804) provides for the application of legal powers such as access to information, areas and premises or taking of samples - by the competent authorities responsible for imports and transits of POAO intended for human consumption. This Act also provides for the power to issue restrictions such as seizures and destruction of POAO and to impose fines if the infringement is not punishable according to the Penal Code or the Act on Penalties for Smuggling (SFS 2000:1225). The Act states that the Police Authority shall provide the assistance necessary for the exercise of official controls or the execution of decisions taken in line with the Swedish Food Law. The Act of Introduction and Export of Goods (1975 : 85, and 1994 : 1830) provides for the application of legal powers in the areas of responsibilities of the SBA. The range of punishments according to the Act on Penalties for Smuggling (SFS 2000:1225) includes prison sentences up to six years. 11

18 Infringements against requirements of Regulation (EC) No 745/2004 or of Directives 91/496/EEC and 97/78/EC regarding POAO not intended for human consumption, have to be dealt with in line with the Act of Introduction and Export of Goods and the Act on Penalties for Smuggling, and fines cannot be imposed directly by the SBA or Customs but have to be forwarded to the State Prosecutor. At the entry point visited, Custom stated that so far no infringement was regarded to be severe enough to be forwarded to the State Prosecutor. National legislation in place provided for the application of legal powers by the competent authorities. With respect to Regulation (EC) No 745/2004 or Directives 91/496/EEC and 97/78/EC regarding POAO not intended for human consumption, the enforcement of legal requirements is limited to court cases. 5.3 CONTROLS FOR IMPORT/TRANSIT CONSIGNMENTS AT ENTRY BIPS Identification and selection of consignments Art. 3 (1) of Directive 97/78/EC require that MS shall ensure that no consignment from a third country is introduced into EU territory without having been subjected to the veterinary checks at a BIP. Additionally, Art. 7 of Directive 2002/99/EC stipulates that POAO intended for human consumption are introduced only if they comply with the EU requirements for animal health. Art. 2 (1) of Regulation (EC) No 136/2004 requires notification of consignments of POAO before their physical arrival on Community territory to the BIP staff. Member States shall in accordance with Article 3 (3) of Directive 97/78/EC ensure that persons responsible for the load are obliged to forward information in advance by duly completing where applicable the certificate referred to in Article 5 (1) of this directive, or provide a detailed description in writing or in computerised form of the consignment. Art. 9 of Directive 97/78/EC specifies requirements for consignments in transshipment. Commission Decision 2000/25/EC clarifies the minimum and maximum time periods following arrival, which determine the type of veterinary checks to be carried out: either documentary or identity and physical checks depending on the time elapsed. At the port BIPs visited, notification of consignments of POAO is done - in line with national legislation - by shipping agents 24 hours before the consignment is presented to the BIP for veterinary checks and not before their physical arrival on Community territory as required in Art. 3 (3) of Directive 97/78/EC and Art. 2 (1) of Regulation (EC) No 136/2004. Therefore, as consignments can stay up to 45 days after unloading on the quay before being notified and presented to the BIP, BIP staff cannot carry out the veterinary checks required Art. 9 (1) of Directive 97/78/EC within the time limits defined in Art. 2 of Decision 2000/25/EC. 12

19 In response to reports 7725/2005 and 7626/2005, at the port BIPs visited, BIP staff of the NFA implemented procedures to cross check ship manifests with notifications prior to arrival. Art 12 of the national Law (2006 : 4) provides the legal basis to require manifests by BIP staff of the NFA. No such legal basis is provided for BIP staff of the SBA, and they do not carry out cross checks. At one BIP, BIP staff of the NFA forwarded information about relevant consignments found in the manifests checked to BIP staff of the SBA, at the other BIP this was not done routinely. Cargo manifests are received daily from the different shipping agents via the Port Authority out of which some are checked. In addition, the BIP checks the Port Authority s web page in order to identify vessels of interest and to require additional manifest. At Helsingborg port BIP, also the manifests of the nearby located port Malmö are checked. Although in none of the BIPs visited, the results of the manifest checks had been recorded, it could be demonstrated how information of the manifest had been followed up by BIP staff. The customs electronic system TDS had been updated to flag the need of veterinary checks for the CN-codes of the positive list (Decision 2007/275/EC) when the consignments are custom cleared. However, all consignments are cleared inland centralised at three customs offices and not at the port of entry. At the BIP Göteborg port, since 2008, four consignments from China had been found, which escaped veterinary checks at the BIP, one consignment of pet food and three consignments of egg noodles requiring examination for GMOs. Lack of notification of consignments prior their arrival on EU territory, severely limits the usefulness of cross checks as it is not ensured that veterinary checks on transhipped consignments are carried out in accordance with Art. 9 (1) of Directive 97/78/EC and the time limits defined in Art. 2 of Decision 2000/25/EC, and that all relevant consignments are presented to the BIP as required in Art. 3 (1) of Directive 97/78/EC. While, the electronic system TDS enabled Custom to identify relevant consignments which need veterinary checks as many consignments are customs cleared inland it cannot be used to ensure presentation to the BIP Veterinary checks Procedures for veterinary checks on products of animal origin are laid down in Directive 97/78/EC, in Regulation (EC) No 136/2004 and in Commission Decisions such as 94/360/EC and 2001/812/EC. The BIP facilities of Helsingborg port are not located in the customs designated area; therefore identity checks were carried out at the port terminal and not at the BIP as required under Art. 3 (2) of Directive 97/78/EC. 13

20 Except for the identity checks at Helsingborg, based on the files evaluated at the BIPs visited there is a uniformity and consistency in how veterinary checks are performed. The procedures are mostly correctly applied. For one certificate for dog chews from Thailand it was noted that it had been accepted although the unused option regarding the requirements for BSE had not been deleted. The first page of two CVEDs had not been correctly completed by the importer (wrong CN-codes, indicating an "NHC product for other use" in box 21 although the product was for human consumption) when notifying the consignments to the BIP via TRACES. BIP staff had not cancelled these CVEDs in TRACES in order to correct the first page, but completed the second page. Therefore, the veterinary decision indicated on the second page, although correctly indicating "free circulation for human consumption" in box 32, did not match with the first page. A regime for reduced physical checks, required by Decision 94/360/EC is implemented, physical checks were recorded for each country and commodity in excel files and in the national REDA system (for POAO intended for human consumption) and the correct percentage is verified in TRACES. As identity checks were not carried out at the BIP facilities there is a risk that these checks are not performed as required in Art. 4 (4) (a) of Directive 97/78/EC.. In the other cases examined veterinary checks were performed correctly and most shortcomings noted were not indicative of systematic problems Monitoring plans for sampling imported consignments Point 1 of Annex II to Regulation (EC) No 136/2004 requires Member States to submit consignments of POAO presented for importation to a monitoring plan to detect residues, pathogenic organisms or other substances dangerous to humans, animals or the environment. For POAO intended for human consumption, the NFA has established a monitoring plan for 2009 for sampling imported consignments. At the BIPs visited this plan was available, and samples has been taken as required (evaluated for 1. quarter of 2009). The BIPs reported monthly to the NFA, which collects the data about sampling and results for the monthly report to the Commission, required by Number 4 of Annex II to Regulation (EC) No 136/2004. For POAO not intended for human consumption, the SBA has not established a monitoring plan for sampling imported consignments. An instruction has been issued to sample 1 out of 10 consignments of dog chews for examination of salmonella contamination. An examination of contamination with 14

21 enterobacteriaceae is not required, although the relevant model veterinary certificate of Annex X, Chapter 3, Part C to Regulation (EC) No 1774/2002 includes specific requirements regarding salmonella and enterobacteriaceae. The BIPs visited sample the dog chews as required in the national instruction, but do not report the results to the SBA, and the results are not included in the report to the Commission, required in Point 4 of Annex II to Regulation (EC) No 136/2004. The NFA has correctly implemented the requirements of Annex II to Regulation (EC) No 136/2004 regarding sampling of imported POAO intended for human consumption and reporting of the results. For POAO not intended for human consumption (SBA) it is not ensured, that sufficient sampling and laboratory examination is carried out in order to fully verify the reliability of veterinary certificates with respect to residues, pathogenic organisms or other substances dangerous to humans, animals or the environment and the results of the laboratory examinations undertaken were not reported as required in Point 4 of Annex II to Regulation (EC) No 136/ Re-imported consignments Special procedures for re-imported consignments of POAO are laid down in Art. 15 of Directive 97/78/EC. Art. 5 of Directive 91/496/EEC prohibits the entry of species of live animals from third countries, which are not listed for imports of such species. Five CVEDs for re-imported consignments specified as curd cheese had been issued by a fish inspector instead of the official veterinary which is not accordance with the requirement of Art. 5 (1) of Directive 97/78/EC. The CVED issued for re-imported consignments did not contain the reference to the corresponding customs document as required in Art. 5 (2) 1st indent of Directive 97/78/EC. At present, Customs does also not insert in the customs document the corresponding CVED number in order to link the two documents for consignments of POAO. BIP staff had accepted the confirmation required by Art. 15 (1)(a), to confirm that the content of the container had not been handled or unloaded, although this confirmation did not contain enough information to be clearly linked to the consignments that were re-imported. Although correctly indicated in box 33 of the CVEDs that the re-imported consignments are under channelled procedure, Customs had not issued a T 5 document as required by Art. 15 (1) (c) of Directive 97/78/EC. The shortcomings identified in relation to re-imported consignments demonstrate incomplete understanding of all requirements of Art. 15 of Directive 97/78/EC in relation 15

22 to re-importation and may indicate a need for more training and or more specific guidance for BIP staff and Customs Decision on the consignment Procedures for the veterinary decision on consignments of POAO and the follow up of such specific consignments are laid down in Directive 97/78/EC, in Regulation (EC) No 136/2004 and in Decision 2001/812/EC. In general, the decision on the consignments evaluated by the mission team was taken properly and issued correctly; only, some errors for filling in page 2 of the CVED were noted. Two CVEDs issued for meat were wrongly filled in, indicating in box 34 that the consignments were non-eu-complying and went to a customs warehouse. However, the consignments fulfilled the EU requirements, and were only stored in a warehouse until the results of a laboratory examination required by national legislation were available. Pet food was detected inland in a container imported from China during customs clearance. The consignment went back to the BIP and the CVED was issued in order finalise customs clearance. This is not in accordance with Art. 3 (1) and (2) of Directive 97/78/EC which requires that a consignment undergoes veterinary checks at a BIP before its introduction into EU-territory. For rejected and re-dispatched consignments, a bill of loading was available in the BIP as proof that the rejected consignment has left the EU territory. In most cases the correct procedure was followed, and the shortcomings described above could be allocated to individual errors Animal welfare Details of the checks at BIPs are laid down in Art. 21 of Regulation (EC) No 1/2005 whereas Art. 22 of the same Regulation stipulates that the CA shall ensure that special arrangements are made at the BIPs to give priority to the transport of animals and that if a consignment of animals has to be detained for more than two hours appropriate arrangements are made for the care of the animals and, where necessary, their feeding, watering and accommodation. While the general requirements of Regulation (EC) No 1/2005 to avoid injury or undue suffering are applicable to the transport of live animals category "O", this Regulation does not provide any specific requirements on how this should be achieved. 16

23 In national legislation (Law 2005 : 8, last amended by Law 2008 : 31) defines national animal welfare requirements for animals of the category "O". The two BIPs visited are not listed for an approval category for live animals and checks on animal welfare were not evaluated during this mission Monitoring the exit of transit consignments Art. 9 of Directive 91/496/EEC and Artt. 11 and 12 of Directive 97/78/EC lay down specific requirements in relation to consignments in transit. These consignments must enter and leave the EU via an approved BIP and detailed requirements are specified in Commission Decisions 2000/208/EC and 2000/571/EC. Since such consignments must fulfil the animal health requirements laid down in Art. 7 of Directive 2002/99/EC. At the BIPs visited, there had been no CVEDs issued for non-eu-complying consignments in transit and this procedure was not evaluated Veterinary fees Provisions for the collection and the level of fees for import/transit controls are laid down in Art. 3 (1) (d) of Directive 91/496/EEC, Art. 7 (3) of Directive 97/78/EC and Artt. 27, 28 and 29 of and Annex V to Regulation (EC) No 882/2004. The SBA and the NFA have calculated the level of fees to be collected for veterinary checks at BIPs on the basis of the actual cost and the minimum fees to be paid are higher than the minimum fee of Euro required in Annex V to Regulation (EC) No 882/2004. For POAO intended for human consumption, the fees are calculated automatically in the electronic system REDA. For POAO not intended for human consumption and live animals, the fees have to be calculated by BIP staff based on the relevant instruction issued by SBA. National instructions for fees to be collected for veterinary checks at BIPs ensure that the minimum fees required in Annex V to Regulation (EC) No 882/2004 are respected. 5.4 CONTROLS AND SUPERVISION OF TRANSIT CONSIGNMENTS AT EXIT BIPS Art. 9 of Directive 91/496/EEC and Artt. 11 and 12 (8) of Directive 97/78/EC lay down specific requirements in relation to consignments in transit. These consignments must 17

24 leave the EU via an approved BIP and additional requirements are specified in Decision 2000/208/EC. At the BIPs visited, no exiting transit consignments had been received and this procedure was not evaluated. 5.5 CONTROLS AND SUPERVISION OF NON-EU-COMPLYING CONSIGNMENTS IN FREE ZONES, FREE AND CUSTOMS WAREHOUSES/SHIP SUPPLIERS Artt. 12 and 13 of Directive 97/78/EC and Decision 2000/571/EC lay down specific requirements in relation to non-eu-complying consignments, unloaded and stored in free/customs warehouses or at ship suppliers, in order to prevent these consignments being released for free circulation within the EU territory. These include requirements in relation to approval of warehouses and conditions for storage, labelling and record keeping in relation to these consignments. Confirmation of arrival of the consignment at destination (either ship or warehouse) must be provided to the authority responsible for dispatching the consignment (BIP of entry or warehouse). Since such consignments must fulfil the animal health requirements laid down in Art. 7 of Directive 2002/99/EC. Art. 24 of Regulation (EC) No 882/2004 requires Customs to have the agreement of the CA before allowing food and feed entering into free zones Free zones There are no free zones or free warehouses in Sweden Customs warehouses and ship suppliers There are one customs warehouse approved under Art.12 (4) and two ship suppliers authorised under Art. 13 of Directive 97/78/EC. The establishment visited, is approved as customs warehouse and authorised as ship supplier and receives non-eu-complying POAO directly from BIPs and also from an approved customs warehouse of another Member State. At the establishment, approval documents to authorise operation as customs warehouse, as a cold store under Regulation (EC) No 852/2004 and under Art. 12 (4) of Directive 97/78/EC, and as ship supplier under Art. 13 of this Directive are available. Art. 12 (8) of Directive 97/78/EC prohibits transfer on non-eu-complying POAO between customs warehouses and Art. 13 (1) and (2)(a) of this Directive requires that ship suppliers deliver non-eu-complying POAO directly on board of cross-border means of sea transport for the purposes of consumption by staff and 18