EUROPEAN COMMISSION HEALTH AND CONSUMERS DIRECTORATE-GENERAL

Transcription

1 Ref. Ares(2014) /02/2014 EUROPEAN COMMISSION HEALTH AND CONSUMERS DIRECTORATE-GENERAL Directorate F - Food and Veterinary Office DG(SANCO) MR FINAL FINAL REPORT OF AN AUDIT CARRIED OUT IN GREENLAND FROM 23 TO 26 SEPTEMBER 2013 IN ORDER TO EVALUATE THE TWO PROPOSED BIPS IN NUUK AND SISIMIUT, GREENLAND 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 a footnote.

2 Executive Summary This report describes the outcome of an audit carried out by the Food and Veterinary Office (FVO) in Greenland from 23 to 26 September Its objective was to evaluate two proposed BIPs against the relevant requirements of Union legislation with respect to their listing in Commission Decision 2009/821/EC for the approval categories HC(1)(2), NHC-T(FR)(2) and NHC-T(CH)(2) in Nuuk port and HC-T(FR)(1)(2) in Sisimiut port. The Danish Food and Veterinary Authority (DVFA) is the central competent authority for the planned system of import controls at BIPs in Greenland. The DVFA indicated that the new legislation allowing implementation of Union import legislation is drafted and will come into force before the BIPs are put in operation. The Greenland Government only receives the draft legislation for comments in an official consultation. The International Trade Division (ITD) stated that the existing Danish import system will be implemented in Greenland. No BIP staff is recruited as yet but they will undergo an initial one week training which will be provided by experienced staff from ITD, followed by compulsory annual training. The manual of procedures and required documentation will be available electronically at the DVFA web site to all staff with regular updates (current practice). TRACES accounts have already been requested from Commission services by the DVFA. The BIP facilities at Sisimiut are in compliance with the Union requirements. The facilities in Nuuk need further development. The missing storage for HC-NT is promised to be installed in the unloading area by the port operator. There is also a problem with the operation of the containers available in the NHC section intended for the storage of NHC-T(FR) and NHC- T(CH). The ITD have requested that they are replaced. The equipment at both BIPs is almost complete and will be completed before the BIP becomes operational. The procedures for waste disposal and cleaning and disinfection of the facilities are in place with few updates required by ITD. The current Customs declaration system is an issue, since it does not require a CN code for the notification of consignments and the clearance of them, but it was stated that this would be changed. Customs in Greenland also require additional procedures related to veterinary import controls, e.g. channelling or re-import. The report makes a number of recommendations addressed to the Greenland and Danish competent authorities, aimed at rectifying the identified shortcomings and further enhancing the control measures in place.

3 Table of Contents 1 INTRODUCTION OBJECTIVES LEGAL BASIS BACKGROUND FINDINGS AND CONCLUSIONS COMPETENT AUTHORITIES VERIFICATION AND REVIEW OF OFFICIAL CONTROL IMPLEMENTATION OF OFFICIAL CONTROLS FOR IMPORT SYSTEM TO ENSURE PRESENTATION OF CONSIGNMENTS FOR VETERINARY CHECKS PROCEDURES FOR PERFORMANCE AND REPORTING OF CONTROL ACTIVITIES FACILITIES, EQUIPMENT AND HYGIENE OVERALL CONCLUSIONS CLOSING MEETING RECOMMENDATIONS...8 ANNEX 1 - LEGAL REFERENCES...9

4 ABBREVIATIONS AND DEFINITIONS USED IN THIS REPORT Abbreviation Approval categories BIP CN code Customs CVED DVFA FVO ITD Positive list RASFF TRACES Union Explanation Categories of live animals and animals products for the receipt of which BIPs are approved in accordance with Decision 2009/821/EC, as follows: HC NHC T(FR) T(CH) NT Products fit for human consumption Other products (Products not fit for human consumption) Frozen products Chilled products No temperature requirements (1) Checking in line with the requirements of Commission Decision 93/352/EEC taken in execution of Article 19(3) of Council Directive 97/78/EC (2) Packed products only Border Inspection Post 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 Tax Audministration Common veterinary entry document for products of animal origin as laid down in Annex III to Commission Regulation (EC) No 136/2004 The Danish Veterinary and Food Administration (Fødevarestyrelsen) The Food and Veterinary Office The International Trade Division within the DVFA List of commodities of animal origin which are subject to veterinary checks in BIPs, as specified in Commission Decision 2007/275/EC The Rapid Alert System for Food and Feed of the European Commission TRAde Control and Expert System introduced by Commission Decision 2004/292/EC The European Union

5 1 INTRODUCTION This audit to Greenland took place from 23 to 26 September 2013 and was carried out by one auditor from the Food and Veterinary Office (FVO). The audit was undertaken at the request of the central competent authority in addition to the FVO s planned audit programme. During the audit, the FVO auditor was accompanied by representatives of the central competent authority, the International Trade Division (ITD) within the Danish Veterinary and Food Administration (DVFA). An opening meeting was held on 23 September 2013 with the representatives from the DVFA, Veterinary and Food Authority of Greenland, Department of Foreign Affairs, Tax Administration and Tax Agency. At this meeting, the objectives of, and itinerary for, the audit were confirmed and additional information required for the satisfactory completion of the audit was gathered. Representatives from the central competent authority accompanied the team during the audit. 2 OBJECTIVES The objective of the audit was to assess against the relevant requirements of European Union (Union) legislation two Border Inspection Posts (BIP) proposed by the central competent authority, with the aim to provide a recommendation with respect to their listing in Commission Decision 2009/821/EC in accordance with Council Decision 2011/408/EU. The audit scope covered the facilities and equipment. The planned implementation of the import/transit control system at the proposed BIP with respect to the requested approval was discussed with the competent authorities. In terms of the criteria applied, the assessment was undertaken against the requirements set out in Council Directive 97/78/EC, Commission Decision 2001/812/EC, the relevant implementing Regulations and Decisions, and Regulation (EC) No 882/2004 of the European Parliament and of the Council. In order to meet this objective, a visit was carried out to the facilities of the proposed BIPs of Nuuk and Sisimiut, Greenland. 3 LEGAL BASIS The audit was carried out under the general provisions of Union legislation and, in particular Article 45 of Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules. Union legal acts quoted in this report refer, where applicable, to the last amended version. A full list of the legal instruments referred to in this report is provided in the Annex 1 and refers, where applicable, to the last amended version. 4 BACKGROUND Greenland is included in the list of overseas countries and territories set out in Annex II to the Treaties. Denmark and Greenland have requested that veterinary checks between the Union and Greenland on fishery products, bivalve molluscs, echinoderms, tunicates, marine gastropods, by- 1

6 products and products derived from these by-products that are regarded as originating in Greenland according to Annex III to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community, and of the same products which are introduced into Greenland from third countries, be permitted in accordance with the rules on sanitary and veterinary controls applicable to trade within the Union. For these reasons the Council Decision 2011/408/EU has been adopted. The above Decision lays down simplified rules and procedures for the application of sanitary controls for fishery products, bivalve molluscs, echinoderms, tunicates and marine gastropods and to by-products thereof and products derived from these by- products, originating from Greenland or introduced into Greenland from third countries and thereafter imported from Greenland into the Union. In order to fully implement the provisions of Article 5 of Council Decision 2011/408/EU, the central competent authority requested the evaluation of compliance of two proposed Greenland BIPs at Nuuk with the requirements for listing in Commission Decision 2009/821/EC for approval categories HC-T(FR)(1)(2), HC-T(CH)(1)(2), HC-NT(1)(2), NHC-T(FR)(2) and NHC-T(CH)(2) 1 and at Sisimiut with the requirements for listing in Commission Decision 2009/821/EC for approval categories HC-T(FR)(1)(2). At both proposed BIPs the operator does not expect to handle bulk cargoes. According to the statement of the central competent authority the first consignment is expected no earlier than in March FINDINGS AND CONCLUSIONS 5.1 COMPETENT AUTHORITIES Legal Requirements Article 4(3) of Regulation (EC) No 882/2004 requires Member States to provide for efficient and effective coordination and cooperation within and between competent authorities. Articles 4 and 6 of the same Regulation require the competent authority to ensure that they have access to a sufficient number of suitably qualified and experienced staff. Findings The DVFA is the central competent authority responsible for the import controls at the proposed BIPs in Greenland, including the recruitment, training, instructing and supervision of the BIP staff and drafting the Greenland import legislation. The competent authority indicated that the following full time equivalent staff are planned to carry out the controls at the proposed BIP: 0.5 official veterinarian and 0.5 fish inspector in Nuuk and 0.1 official veterinarian and 0.5 fish inspector in Sisimiut. According to the competent authority they expect from about 40 to 60 consignments a year at the proposed BIPs, not earlier than in March The competent authority stated that official fish inspectors and official veterinarians shall successfully complete the official fish inspectors` or official veterinarians` mandatory one week initial training. The BIP staff should participate on the topical courses that are held once or twice a year. All BIP staff obtained training shall be registered in their personal development plans. The Customs in Greenland, which are under the responsibility of the Tax Administration, are 1 The central competent authority in their comments to the draft report officially requested to change the approval for the BIP in Nuuk as follows: HC(1)(2), NHC-T(FR)(2), NHC-T(CH)(2), NHC-NT(2). 2

7 responsible for Customs clearance of the imported goods. According their statement they have sufficient staff. The competent authority and Customs foresee close cooperation for which an Agreement on cooperation is currently in a draft stage. The auditor noted that: 1. No staff have been recruited for the proposed BIPs yet. The ITD stated, that the staff will be recruited following the adoption of the Greenland import legislation. 2. The DVFA expect that they will adopt the Executive Orders allowing implementation of Union import legislation by 24 December 2013 and should come into force as from 1 January The Greenland Government only receives the orders for comments in an official consultation. 3. The initial one-week training for the official veterinarians will be organised in Greenland by experienced staff from the ITD. This is the current procedure for all newly recruited BIP staff in Denmark. The ITD stated, that the experienced staff from Danish BIPs will be presented at the Greenland BIPs for the training on-the-job purposes during the first year of operation of the BIPs. 4. The use of TRACES is covered in the above training. Conclusion Competent authorities have been assigned who state that they will have a sufficient number of suitably qualified staff available before the BIPs commence operations. 5.2 VERIFICATION AND REVIEW OF OFFICIAL CONTROL Legal Requirements Article 4 of Regulation (EC) No 882/2004 requires the competent authorities to ensure the impartiality, consistency and quality of official controls at all levels and to guarantee the effectiveness and appropriateness of official controls and under it, competent authorities are required to carry out internal audits, or have external audits carried out. Article 8 of the same Regulation states that they must have procedures in place to verify the effectiveness of official controls, to ensure effectiveness of corrective action and to update documentation where needed. Findings The competent authority stated that the system of verification and audit described in the country profile report (DG(SANCO) Final) will apply at the new BIPs. The auditor noted that: 5. The Head of the BIP will be responsible for verification checks of the BIP staff decisions and for the BIP facilities and equipment compliance with the Union requirements. 6. The ITD will carry out the annual supervision by the central competent authority. 7. The audits will be carried out by Internal Audit Unit within the DVFA. 2 The central competent authority in their comments to the draft report indicated that the Executive Orders will be adopted by DVFA and will be put into force before the BIPs are ready for use. 3

8 Conclusion If the described verification system will be implemented as foreseen it will provide sufficient guarantees for verification of the correctness of the official controls and the suitability of facilities and equipment, in line with requirements laid down in Union legislation. 5.3 IMPLEMENTATION OF OFFICIAL CONTROLS FOR IMPORT System to ensure presentation of consignments for veterinary checks Legal Requirements Decision 2007/275/EC lists the animals and products subjected to veterinary checks at BIPs and Directive 97/78/EC require that Member States shall ensure that no consignment from a third country is introduced into territory of the Union without having been subjected to the veterinary checks at a BIP. Regulation (EC) No 136/2004 requires notification of consignments of products of animal origin before their physical arrival on Community territory to the BIP staff. Regulation (EC) No 136/2004 requires access to Customs databases and participation in information systems in order to ensure that all products of animal origin entering the Union are subjected to veterinary checks. Findings The central competent authority stated that the national requirements for pre-notification of the consignments by Part I of the CVED will be implemented at these BIPs via three Executive Orders on Veterinary Checks. The ITD provided the list of the Union import legislation which is planned to be transposed by the Executive Orders. There is a system in place for notification of imported goods to Customs prior their entry into Greenland. The ITD is planning to provide training to Customs on understanding the veterinary decision indicated in the CVED. The auditor noted that: 8. At the time of the audit the Customs notification did not require the CN codes of the imported goods and the Customs clearance system did not require the CN codes for the clearance. However, the Customs stated it would be possible to adjust the Customs notification and clearance system to include the CN codes for the imported goods. 9. The Customs database allows to search for specific consignments/goods and the Customs committed to future cooperation with BIP staff, which is foreseen in the draft Agreement on cooperation. 10. The ITD already provided to Customs the list of products, including the relevant CN codes, subjected to veterinary checks at BIPs (positive list). Conclusion When the Customs notification and clearance system requires CN codes for the imported goods allowing for easy cross-checks of the notified imports against the positive list and the Greenland 4

9 import legislation has correctly transposed the indicated Union legislation, the system foreseen should provide sufficient tools to verify that all consignments will be presented and checked at the BIPs for import controls Procedures for performance and reporting of control activities Legal Requirements Article 8 of Regulation (EC) No 882/2004 requires that competent authorities carry out their official controls in accordance with documented procedures, containing information and instructions for staff performing official controls. Findings The Greenland import legislation is drafted in seven Executive Orders in total, which are expected to be adopted and put into force as stated in section 5.1. The BIP staff will have access to the BIP Manual, TRACES manual and RASFF manual which are available on the DVFA website and are updated regularly. This is the current procedure in Denmark for providing instructions for the performance of and decisions for routine import/transit checks. The BIP has access to the internet and will have staff trained on the use of TRACES before the BIPs commence operation. In this context the competent authority stated that the DVFA have already requested the Commission services for providing the user accounts to the proposed BIPs. The auditor noted that: 11. A number of circulars are planned to be adopted to unify and facilitate the performance of the official control and decision making process of the BIP staff. 12. The Head of the BIPs will be responsible for at least weekly updates of the online instructions on the local hard drive. 13. The current Customs procedures in Greenland does not recognise the procedures for channelling and the re-import of consignments laid down in Article 8(4) and 15 of Directive 97/78/EC. Conclusion The documented procedures and instructions in place and those planned to be adopted with the Executive Orders and circulars will be sufficient to enable staff at the proposed BIPs to perform the controls correctly and consistently, if adopted as it was presented during the audit. The current Customs procedures cannot fully ensure that the Customs treatment will comply with the veterinary decision indicated in the Part II of the CVED when procedures under Article 8(4) or 15 of Directive 97/78/EC are required. 5.4 FACILITIES, EQUIPMENT AND HYGIENE Legal Requirements The requirements for BIP facilities, their equipment and hygiene are laid down in Directive 97/78/EC and in Commission Decision 2001/812/EC. 5

10 Findings Nuuk BIP 14. The BIP Nuuk is proposed for approval categories HC(1)(2), NHC-T(FR)(2) and NHC- T(CH)(2). The facilities are located in the Customs dedicated area of the port Nuuk, approximately 50 meters from the quay. 15. The proposed BIP contains an office, social rooms and separate facilities for handling HC and NHC consignments. 16. The unloading area for HC is spacious with surfaces which are easy to clean and disinfect. However, the junction between the transport and unloading areas was not protected or sealed from the external environment as required by Article 4(c) of Decision 2001/812/EC. 17. A large (approx. 240 m 3 ) storage for HC-T(FR) is available in a fully fenced off part of the commercial freezer with access both from the BIP unloading area and from the commercial storage. The back door of the BIP dedicated storage area connecting with the commercial part was not locked at the time of audit and no indication of the exclusive use by the BIPs was in place. 18. A small (approx. 5 m 3 ) container for HC-T(CH) storage is located in the unloading area. The ITD stated it will be sufficient for the expected trade. 19. No storage for HC-NT was available at the BIP at the time of audit. During the visit on-thespot the port operator promised to install a container for storage of HC-NT into the unloading area Three containers were permanently placed by the unloading area for NHC for storage of NHC-T(FR) and NHC-T(CH), respectively. However, their sealing was not sufficient to prevent leakage of the rain inside the unloading area and the damage on their construction did not allow to use them for the intended purpose. The central competent authority requested the port operator to replace all three containers. 4 Sisimiut BIP 21. The BIP Sisimiut is proposed for approval categories HC-T(FR)(1)(2). The facilities are located in the Customs dedicated area of the port Sisimiut, approximately 50 meters from the quay. 22. The proposed BIP contains an office, social rooms and appropriate facilities for handling and storage HC-T(FR) consignments. 23. The unloading area is spacious with surfaces which are easy to clean and disinfect. However, the junction between the transport and unloading areas was not protected or sealed from the external environment as required by Article 4(c) of Decision 2001/812/EC. 24. A large (approx. 188 m 2 ) storage is available for HC-T(FR). Common findings for both BIPs 3 The central competent authority in their comments on the draft report confirmed that the permanent stand alone container for HC-NT has been installed at the HC unloading area. 4 The central competent authority in their comments to the draft report confirmed that the damaged containers for storage of NHC products were replaced by new containers and the sealing now protects against the leakage of the rain or snow. 6

11 25. There are inspection rooms in both BIPs, which were almost fully equipped at the time of the audit. The central competent authority promised to complete the equipment in line with their list of minimum equipment, complying with Annex to Decision 2001/812/EC, before the BIP will be put into operation. 26. The central competent authority stated that the Head of the BIPs will be responsible for ensuring that the necessary equipment and facilities as required by Directive 97/78/EC and Decision 2001/812/EC are available within the proposed BIPs to enable veterinary checks to be carried out effectively Procedures for cleaning and disinfection of the facilities and for disposal of the waste are in place at both BIPs, even though the central competent authority required some updates of the cleaning and disinfection programmes. Conclusions The BIP facilities, equipment and procedures at Nuuk should satisfy the legal requirements of Directive 97/78/EC and Decision 2001/812/EC for the requested approval categories of products, when the storage for HC-NT will be installed, the containers for NHC storage will be replaced, the equipment in the inspection room will be completed and the cleaning and disinfection programme updated. The BIP facilities, equipment and procedures at Sisimiut should satisfy the legal requirements of Directive 97/78/EC and Decision 2001/812/EC for the requested approval category of products, when the equipment in the inspection room will be completed and the cleaning and disinfection programme updated. 6 OVERALL CONCLUSIONS The Danish Food and Veterinary Authority is the central competent authority for the planned system of import controls at BIPs in Greenland. The DVFA indicated that the new legislation allowing implementation of Union import legislation is drafted and will come into force before the BIPs are put in operation. The Greenland Government only receives the draft legislation for comments in an official consultation. The International Trade Division stated that the existing Danish import system will be implemented in Greenland. No BIP staff is recruited as yet but they will undergo an initial one week training which will be provided by experienced staff from ITD, followed by compulsory annual training. The manual of procedures and required documentation will be available electronically at the DVFA web site to all staff with regular updates (current practice). TRACES accounts have already been requested from Commission services by the DVFA. The BIP facilities at Sisimiut are in compliance with the Union requirements. The facilities in Nuuk need further development. The missing storage for HC-NT is promised to be installed in the unloading area by the port operator. There is also a problem with the operation of the containers available in the NHC section intended for the storage of NHC-T(FR) and NHC-T(CH). The ITD have requested that they are replaced. The equipment at both BIPs is almost complete and will be completed before the BIP becomes operational. The procedures for waste disposal and cleaning and disinfection of the facilities are in 5 The central competent authority in their comments to the draft report confirmed that the equipment necessary for the official controls is completed at both proposed BIPs. 7

12 place with few updates required by ITD. The current Customs declaration system is an issue, since it does not require a CN code for the notification of consignments and the clearance of them, but it was stated that this would be changed. Customs in Greenland also require additional procedures related to veterinary import controls, e.g. channelling or re-import. The CCA stated that they expect the BIPs to be operational no earlier than March 2014, which provides them with ample time to ensure all shortcomings are rectified. 7 CLOSING MEETING A closing meeting was held on 26 September 2013 with representatives from ITD. At this meeting, the main findings and the preliminary conclusions of the audit were presented by the auditor. The competent authorities did not express disagreement. 8 RECOMMENDATIONS The competent authorities are invited to provide details of the actions taken and planned, aimed at addressing the recommendations set out below, within twenty five working days of receipt of this audit report, including deadlines for their completion ( action plan ). N. Recommendation 1. To ensure that sufficient staff properly trained and experienced will be available for the proposed BIPs in accordance with requirements of Annex II to Directive 97/78/EC and Point 2 of Annex to Decision 2001/812/EC before the BIPs become operational. 2. To ensure compliance of each of the BIPs in Greenland with the requirements for facilities and equipment laid down in Directive 97/78/EC and in Decision 2001/812/EC. 3. To ensure that Customs procedures provide for proper identification and selection of the consignments subject to veterinary controls at the BIPs, and that Customs authorities -in accordance with Article 7(3) of Directive 97/78/EC- do not allow the importation of consignments of products unless proof has been supplied thatthe relevant veterinary checks have been carried out with satisfactory results,the relevant CVED has been issued and the competent authority has a guarantee that the inspection fees referred to in Regulation (EC) No 882/2004 have been or will be paid. 4. To ensure that Customs procedures are in place allowing that the Customs treatment will comply with the veterinary decision indicated in the Part II of the CVED when procedures under Article 8(4) or 15 of Directive 97/78/EC are required. The competent authority's response to the recommendations can be found at: 8

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14 ANNEX 1 - LEGAL REFERENCES Legal Reference Official Journal Title Reg. 882/2004 OJ L 165, , p. 1, Corrected and re-published in OJ L 191, , p. 1 Dec. 2009/821/EC OJ L 296, , p.1 Dec. 2011/408/EU OJ L 182, , p Dir. 97/78/EC OJ L 24, , p Dec. 2001/812/EC OJ L 306, , p Dec. 2001/822/EC OJ L 314, , p Dec. 2007/275/EC OJ L 116, , p Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules 2009/821/EC: Commission Decision 2009/821/EC of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces 2011/408/EU: Council Decision of 28 June 2011 laying down simplified rules and procedures on sanitary controls of fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods, by-products thereof and products derived from these by-products coming from Greenland Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries 2001/812/EC: Commission Decision of 21 November 2001 laying down the requirements for the approval of border inspection posts responsible for veterinary checks on products introduced into the Community from third countries 2001/822/EC: Council Decision of 27 November 2001 on the association of the overseas countries and territories with the European Community ("Overseas Association Decision") 2007/275/EC: Commission Decision of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC 10

15 Legal Reference Official Journal Title Reg. 136/2004 OJ L 21, , p Dec. 2004/292/EC OJ L 94, , p Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries 2004/292/EC: Commission Decision of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC 11