EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY

Transcription

1 Ref. Ares(2015) /12/2015 EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY Directorate F - Food and Veterinary Office DG(SANTE) MR FINAL REPORT OF AN AUDIT CARRIED OUT IN THE NETHERLANDS FROM 22 TO 26 JUNE 2015 IN ORDER TO EVALUATE THE OFFICIAL CONTROLS ON CONSIGNMENTS IN TRANSIT 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 The report describes the outcome of an audit carried out by the Food and Veterinary Office (FVO) in the Netherlands from 22 to 26 June The objective of the audit was to evaluate the official control system implemented by the competent authorities on consignments transiting the EU. The Dutch authorities demonstrate good cooperation and communication between veterinary and Customs authorities ensuring that transit consignments are presented for veterinary controls. The clear allocation of tasks, responsibilities and duties of staff and the training of officials supports the correct implementation of the official controls on transits. The veterinary checks for transit consignments at the entry BIP are implemented ensuring that consignments in transit fulfil animal health guarantees. The routine acceptance of explanatory letters instead of replacement certificates when discrepancies are detected (regardless of the seriousness of the discrepancy) weakens the effectiveness of documentary controls. Warehouses are subject to a very intense system of controls, in frequency and variety. The system of official controls for consignments entering and exiting warehouses and ship suppliers is in line with the EU legislation. Warehouse operators keep all the required records and ensure that they receive confirmation of arrival at destination for every consignment (including confirmation from the official representative of the master of the ship). However, the official controls on the traceability of the consignments stored in the warehouses rely on operators' data without corroborating the evidence with other sources, so controls cannot detect discrepancies, if any arise. The official control system at the exit BIPs is based on a confirmation via private operators' websites that the container has left the EU territory. This practice does not ensure that all nonconforming consignments of products of animal origin which have been introduced into the EU have not been manipulated during transit. This issue triggered a recommendation in two FVO audit reports (ref. DG(SANCO)/ and ref. DG(SANCO)/ ) which remain outstanding. The report makes a number of recommendations addressed to the competent authority of the Netherlands, aimed at rectifying the identified shortcomings and/or further enhancing the control measures in place. I

3 Table of Contents 1 Introduction Objectives and scope Legal Basis Background Findings and Conclusions Designation of competent authorities and operational criteria Official controls on transiting goods Controls at the entry border inspection post Controls at warehouses and ship suppliers Controls at the exit border inspection post External transits Verification of the official controls Overall Conclusions Closing Meeting Recommendations...12 II

4 ABBREVIATIONS AND DEFINITIONS USED IN THIS REPORT Abbreviation BIP Client-VGC CVED CVEDP Direct transit Indirect transit INTRA NVWA TRACES Transit Explanation Border inspection post National IT system used for all types of official control procedures, applied by BIPs, for live animals and products of animal origin. Common veterinary entry document Common veterinary entry document for products Movement of transit consignments across Union/EEA territory from the BIP of entry directly to the BIP of exit, or to a ship leaving the coastal waters of the Union/EEA territory Movement of transit consignments from the BIP of entry to a free zone, free/customs warehouse/ship supplier for storage first and then onto the BIP of exit, or a ship supplier, or a ship, leaving the coastal waters of the Union/EEA territory Intra-trade animal health certificate The Netherlands Food and Consumer Product Safety Authority (Nederlandse Voedsel-en Warenautoriteit), the competent authority Trade control and expert system The movement of non-conforming consignments or, the movement of live animals conforming to the EU requirements across Union/EEA territory by road, rail, or waterway transport from one third country to another III

5 1 INTRODUCTION This audit to the Netherlands took place from 22 to 26 of June The team comprised two auditors from the Food and Veterinary Office (FVO) and was carried out as part of the FVO s planned audit programme. During the audit, the team was accompanied by representatives from the central competent authority the Netherlands Food and Consumer Product Safety Authority (Nederlandse Voedsel- en Warenautoriteit NVWA) and Customs. An opening meeting was held on 22 June 2015 with representatives from the NVWA, Ministry of Economic Affairs and Customs. At this meeting, the objectives of, and itinerary for the audit were confirmed. 2 OBJECTIVES AND SCOPE The main objective of the audit was the evaluation of the official control system implemented by the competent authorities on consignments transiting the EU, in particular: whether the controls are implemented in compliance with the requirements, and, whether the controls are effective and suitable in ensuring that (i) only consignments eligible for transit are accepted, and (ii) transiting consignments always leave the Union. The scope of the audit covers the implementation of the controls at entry and exit BIPs, warehouses approved for storing non-conforming goods, ship suppliers and specially approved warehouses, including the operational criteria of the system, ability of staff implementing controls and verification procedures, in relation to: commercial consignments originating in third countries, transiting the Union, intra-community movements of EU goods moving via third countries ("external transits" for the purpose of this report, not to be confused with the T1 external transit procedure of Customs), movements of goods taking place by road, railway, and waterway, including transits between airports. The following are excluded from the scope: transhipments, personal consignments and movements of pet animals, and external transits via EFTA countries. 1

6 The table below lists sites visited and the meetings held in order to achieve the above objectives: Meetings Opening and closing meeting Rotterdam BIP 1 free warehouse and 1 ship supplier approved/authorised under Articles 12(4) and 13(1) of Directive 97/78/EC, 1 specially approved warehouse authorised under Article 13(2) of Directive 97/78/EC. Competent authorities NVWA 3 LEGAL BASIS The audit was carried out under the general provisions of EU legislation and, in particular Article 45 of Regulation (EC) No 882/2004 of the European Parliament and of the Council. Annex 1 comprises a list of legislation as audit criteria for this report. Legal acts quoted refer, where applicable, to the last amended version. The Commission General Guidance for consignments of live animals and animal products from third countries in transit and transhipment (SANCO/10844/2011 of 8 April 2011, hereafter Guidance on transit) was also used as an audit criterion. 4 BACKGROUND Council Directives 97/78/EC (for animal products) and 91/496/EEC (for live animals) set out the veterinary procedures and requirements for importing into the EU commercial consignments of live animals and animal products. While consignments to be imported must meet both animal and public health requirements, consignments of animal products in transit are only required to meet the animal health requirements. It is therefore necessary that the competent authorities ensure that those consignments, for which public health guarantees have not been provided, do not enter the EU market. The Netherlands handles a significant number of consignments in transit for the supply of ships due to its geographical location in centre of Europe and its well-developed infrastructure of warehouses for the storage of goods. The Netherlands has a number of customs/free warehouses, ship suppliers and specially approved warehouses which temporarily store goods before supplying them to ships. A variety of products of animal origin are handled by warehouses and delivered to third countries or vessels, cruise vessels and mega yachts. In 2014, the seven BIPs of the Netherlands issued 426 Common Entry Veterinary Documents for Products (CVEDPs) for direct transit consignments and 1,539 CVEDPs for consignments 2

7 destined to customs warehouses/free warehouses/ship suppliers/direct to ships. 4,955 CVEDPs were issued for consignments exiting the warehouses for dispatch to a destination in a third country. 5 FINDINGS AND CONCLUSIONS 5.1 DESIGNATION OF COMPETENT AUTHORITIES AND OPERATIONAL CRITERIA Legal requirements Articles 5, 6 and 8 of Regulation (EC) No 882/2004. Findings 1. The Veterinary and Import Control Division within the NVWA is responsible for drafting instructions on official controls carried out by the BIPs (including transit-related controls) in line with the requirements of Article 8 of Regulation (EC) No 882/2004. These instructions are uniformly applied in Dutch BIPs. 2. The NVWA has conferred the competence to Customs to carry out documentary checks for goods under veterinary control and the official controls of seals for the direct transit consignments (see finding 17) in line with Article 4(3) of Regulation (EC) No 882/ The NVWA provides regular training courses related to veterinary controls at the BIPs (including on transits) for BIP staff and Customs as required by Article 6 of Regulation (EC) No 882/2004. Customs staff met during the audit were technically competent to perform the delegated official controls. 4. The instructions on consignments destined to US military bases are prepared by the NVWA and they are implemented by the BIP staff. The audit team noted that the NVWA keep bilateral contacts with the US military authorities on the official documents for veterinary controls at the Dutch BIPs. Conclusions on designation of competent authorities and operational criteria 5. The arrangements in place in relation to the allocation of tasks, responsibilities and duties of staff and the training of officials are adequate for the correct implementation of the official controls on transits. 6. The cooperation and communication between veterinary and Customs authorities is well established ensuring that transit consignments are presented for veterinary controls, as required by EU legislation. 3

8 5.2 OFFICIAL CONTROLS ON TRANSITING GOODS Legal requirements Articles 4, 8 and 9 of Regulation (EC) 882/2004, Articles 2 and 3 of, and Annex III to Regulation (EC) 136/2004, Article 2 of Regulation (EC) No 282/2004, Articles 3, 4, 10, 11, 12 and 13 of Council Directive 97/78/EC, Articles 1, 3 and 4 of, and the Annex to Commission Decision 2000/571/EC, Article 3 of Commission Decision 2000/208/EC, Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council, Annex to Commission Regulation (EC) No 599/2004. Findings Controls at the entry border inspection post Pre-notification 7. Economic operators provide pre-notifications for all consignments of animals and products of animal origin intended to be presented at a Dutch entry BIP, as required by Article 3(3) of Directive 97/78/EC, using the national database Client-VGC system. The person responsible for the load uses the model of part I of the CVED for the prenotification of consignments in accordance with the requirements of Article 2 of Regulation (EC) No 136/2004 and Article 2 of Regulation (EC) No 282/ Veterinary checks 8. Customs officials perform the documentary checks required by Article 4 of Directive 97/78/EC for all transit consignments. The copies of documents accompanying the consignments, and documentary checks are recorded in the Client-VGC system. 9. The audit team noted that Customs officials perform the documentary checks using a database which contains up to date and relevant information on requirements for transit consignments. The models of transit/storage veterinary certificates uploaded in the above-mentioned database are correct and comply with the model established by EU legislation. However, the audit team noted that a number of these certificates additionally bear the footnotes referring to the draft document number provided during the Standing Committee on Plants, Animals, Food and Feed. This leads to discrepancies between the certificates accompanying the consignments and the model in the database. There is no documented procedure explaining either to Customs officers or to BIP staff how to handle the veterinary certificates issued by third countries which do not bear the above-mentioned footnotes, contrary to the requirements of Article 8 of Regulation (EC) No 882/2004. The BIP staff explained that Customs officers would contact the BIP staff if the information in the veterinary certificate was unclear or if deficiencies were detected. 10. BIP staff stated that, when officials detect errors in the certificates, explanatory letters from the third country competent authority were routinely requested. The NVWA 4

9 confirmed that replacement certificates are rarely requested. Despite the absence of EU legislation on this matter, the Guidelines for Design, Production, Issuance and Use of Generic Official Certificates (CAC/GL ), issued by the Codex Alimentarius Commission, indicate that, for certain administrative corrections or if the certificates are lost or damaged, replacement certificates are foreseen. This is also reflected in the Guidance on transit. The BIP operational procedures do not indicate when explanatory letters can be accepted and when replacement certificates should be requested instead. 11. The person responsible for the load correctly identifies the number of the animal health certificate for transit/storage in the EU (if applicable) in box 10 of Part I of the CVEDP, as required by Annex III to Regulation (EC) No 136/ The audit team noted that the NVWA had corrected the instructions on indirect transit in May 2015, and now they require the forwarding of the original veterinary documents (including the specific animal health certificate for transit/storage) to the customs/free warehouses/ ship suppliers or to the third country, as required by Article 3(4) of Regulation No 136/ Rotterdam BIP, visited by the audit team, issues CVEDPs identifying correctly the approved destinations (customs warehouse/free warehouse/us military bases/ship suppliers) in boxes 33 and 37 of CVED, in accordance with the requirements of Annex III to Regulation (EC) No 136/ CVEDs are issued in the Client-VGC system, which has an interface with TRACES. This system is described in the report of the previous FVO audit in 2014 (ref. DG(SANTE)/ ). This allows the CVEDs to be communicated correctly to the destination (warehouses or exit BIPs), as required by Article 11 of Directive 97/78/EC. 15. According to Article 11(2)(c) second indent of Directive 97/78/EC, consignments for direct transit to third countries shall be transported in vehicles or containers sealed by the authorities, without being unloaded or split after leaving the BIP of arrival. The instructions for veterinary checks of the multiple container consignments reflect these requirements and are also in line with point 4.3 of the Guidance on transit. 16. The NVWA stated that controls based only on seal checks are performed for the direct transit consignments when the seal is indicated in the health certificate accompanying the consignment and part I of the CVEDP, following the requirements of Article 4(4)(a)(1) of Directive 97/78/EC. 17. In line with Article 8(1) of Regulation No 882/2004, the NVWA, in cooperation with Customs, have developed a harmonised official control procedure for recording and cross-checking information indicated on health certificates with the seal attached to the means of transport. Following the above-mentioned procedure, Customs perform the seal check at the Customs' designated area. BIP staff perform the full identity check if discrepancies are found during seal checks. 5

10 18. BIPs perform full identity checks when consignments are destined to the warehouses (except those mentioned in finding 19). The full identity check is performed at the BIP and it is recorded in part II of the CVED, in accordance with Annex III to Regulation (EC) No 136/ The NVWA has started a pilot project for the facilitation at the entry BIPs of the official veterinary controls of non-conforming products of animal origin intended for storage in the warehouses located in the Netherlands. In accordance with the project, only seal checks are performed at the entry BIP for the consignments when (i) consignments are transported in containers and the seal number is identified in the accompanying veterinary certificate, and (ii) the destination of the consignment is a warehouse listed in the Annex to the pilot project document. Only four warehouses are listed in the Annex; the NVWA stated that the list of warehouses may be expanded to other warehouses located in the Netherlands if the project proves successful. 20. Physical checks have never been performed on any type of transit consignments since there have been no irregularities suspected which could cause a risk to public or animal health, as laid down by Article 11 of Directive 97/78/EC. 21. Consignments in indirect transit, which have been checked by BIP staff at the entry BIP, are sealed with a veterinary seal and this is indicated in box 38 of Part II of the CVEDP, as required by Article 11(2)(c) of Directive 97/78/EC and Article 2 of Decision 2000/571/EC Follow-up of transiting goods by the entry border inspection post 22. The entry BIP keeps an electronic register to follow up the consignments which have to leave the territory of the EU within 30 days, in line with Article 11 of Directive 97/78/EC. The audit team noted that transit consignments are listed in the register but follow-up was not done when the 30 days had elapsed even though it is required by NVWA instruction. 23. According to the instruction mentioned above, the entry BIP staff should contact the veterinary authority of the exit BIP or the warehouse in order to get confirmation of the arrival at the place of destination. If it cannot be confirmed by the veterinary authorities, then the entry BIP staff should contact Customs. This is in line with the requirements of Article 11(2)(e) of Directive 97/78/EC. 24. The entry BIP keeps a register of transit consignments re-despatched to third countries or sent for destruction, in accordance with the Annex to Decision 2000/812/EC. The audit team noted that this register was not up to date (some consignments were not in the register, whilst others, for which the departure had been confirmed in TRACES, remained as pending in the register). 6

11 The arrival of transit consignments sent for destruction is confirmed by the official at the destination on a hard copy of the CVED, but not in TRACES. This leads to misunderstanding on whether the consignments ever arrived at the place of destruction. This issue was noted in the FVO audit report on the use of TRACES in 2014 (ref. DG(SANTE)/ ). 25. BIP staff ensure that all consignments destined for military bases are sent only to those that are listed in the Guidance on transits. In most cases, the consignments are delivered from the Dutch BIPs to bases located in Germany. The arrival of these consignments is always confirmed by the persons responsible at the place of destination, in line with the Guidance on transits. Conclusions on controls at the entry BIP 26. The veterinary checks for transit consignments at the entry BIP are implemented ensuring that consignments in transit fulfil the necessary animal health guarantees. The fact that the NVWA accepts explanatory letters when discrepancies are found during documentary checks weakens the effectiveness of the documentary controls Controls at warehouses and ship suppliers Approval and listing of the warehouses/ship suppliers and specially approved warehouses 27. The NVWA issues the instructions on the approval of the customs/free warehouses, ship suppliers and specially approved warehouses. These instructions are publicly available and establish the requirements in accordance with the requirements of Regulation (EC) No 853/2004 and the special requirements of Articles 12 and/or 13 of Directive 97/78/EC. 28. NVWA staff perform the supervisory visits to the warehouse before approval, and issue a report, in line with Article 9 of Regulation (EC) 882/2004. A warehouse might be approved for several activities (i.e. storage as a free warehouse and as a ship supplier). 29. The NVWA performs supervision of the warehouse facilities once per year to verify their conformity with the requirements on hygiene, in line with Article 4(1) of Regulation (EC) 853/2004, and with those on traceability, in line with the requirements of Article 4 of Decision 2000/571/EC. During the visits in 2014, all findings were related to hygiene requirements but not to the traceability of the consignments stored in the warehouses. 30. The NVWA submits the list of approved warehouses to the Commission services as required by Article 10 of Directive 97/78/EC. The list includes warehouses approved in accordance with Articles 12(4), 13(1) and 13(2) of Directive 97/78/EC. 31. The NVWA stated that the specially approved warehouses (as provided for in Article 13(2)(a) of Directive 97/78/EC) are used for the temporary storage of ship supplies 7

12 which require further temporary storage (no longer than 3 days) before delivery to the ship/yacht. The audit team confirmed that these warehouses are under the supervision of the NVWA, in line with the requirements of Article 5(1) of Decision 2000/571/EC. 32. During the visits to the warehouses, the audit team noted that the consignments are stored in lockable refrigeration rooms. Premises/working spaces for the staff carrying out veterinary checks are available with the necessary administration and communication equipment. This is in compliance with the requirements of Articles 12(4)(b) and 13(1) of Directive 97/78/EC. 33. Staff of the NVWA (team Erkenningen) are responsible for the daily supervision of the warehouses. The officials have access to TRACES in order to receive information about the arrival of the consignments from the BIP of entry, as well as use the split function in TRACES (already noted in the previous FVO audit on the use of TRACES in 2014 (ref. DG(SANTE)/ )) Documentary, identity and physical checks in the warehouses 34. The warehouse operator informs the NVWA in advance about the arrival of the consignments. Depending on the type of Customs' approval of the commercial operator, the operator or Customs itself perform the seal check upon arrival at the warehouse. The NVWA performs the full identity check in the warehouse after unloading and it is possible to access to the entire consignment in accordance with requirements of Annex III to Directive 97/78/EC. 35. The warehouse operators identify each box of the consignment stored in the warehouse with a label with the reference number of the arriving CVED, in accordance with the requirement of Article 1(5) of Decision 2000/571/EC. In addition, the information on the consignments stored in the warehouse is recorded in the operators' databases, in accordance with the requirements of Article 3(1) of the same Decision. Nevertheless, the audit team noted discrepancies in the traceability of consignments stored (see finding 36). 36. The audit team conducted traceability exercises both to trace back and trace forward a randomly selected consignment stored in the warehouse. The audit team noted the following: In one warehouse, the warehouse operator incorrectly recorded the country of origin of the product stored in the warehouse (i.e. the country of origin of the product was Canada, but it was recorded in the operator's database as Argentina). In the other warehouse, the records were correct but the boxes stored displayed labels with an incorrect CVED number. 37. The official staff responsible for the official controls at the warehouses perform weekly verification of the consignments stored in the warehouse concerned. The audit team noted that during these verification visits the information on the selected consignments 8

13 is obtained from the warehouse operators' databases and it is cross-checked with the number of boxes stored in the warehouse. Official staff do not compare the data of the operator with official data available (e.g. amounts entering and exiting the warehouse). Therefore, the verification activities are not appropriate to identify the deficiencies described in finding 36, contrary to the requirements of Article 4(2)(a) of Regulation (EC) No 882/ Movement from the free/customs warehouses to the exit border inspection post 38. The warehouse operator pre-notifies the consignments exiting the warehouse using a hard copy of the CVED. The NVWA stated that they plan to give warehouse operators access to TRACES, in order to improve the efficiency of the system. After veterinary checks, the official issues hard copy CVEDs for each consignment leaving the warehouse to the exit BIP, in accordance with Article 12(8) of Directive 97/78/EC. When consignments exiting the warehouse were split into parts, the subsequent CVEDs had been cross-referenced with the CVED from the entry BIP, in line with the requirements of Article 1(6) of Decision 2000/571/EC. 39. Since the previous FVO audit in 2014, the NVWA has improved the system and ensured that CVEDs are entered immediately into TRACES, in compliance with the requirements of Article 12(8) of Directive 97/78/EC. However, a number of CVEDs in TRACES indicated that only a seal check was performed for the consignments leaving the warehouse, contrary to the requirements of Article 4 of Decision 2000/571/EC. The NVWA provided evidence that the officials had performed the full identity checks and it was correctly reflected in the hard copies of the CVEDs. The errors in TRACES were caused by the fact the staff did not change the default option that appears in TRACES when generating subsequent CVEDs. 40. Consignments leaving the warehouse are sealed with the Customs seal in line with Article 12(8) of Directive 97/78/EC. Customs have allocated a specific seal number to each warehouse. Therefore, all consignments leaving the warehouse are sealed with a seal bearing the same number. 41. The audit team noted that all consignments in 2015 leaving the warehouse to the exit BIPs were confirmed in TRACES as having left EU territory by the exit BIPs, following the procedure described in finding Movement from the free/customs warehouses to a ship supplier 42. In line with point of the Guidance on transits, the NVWA does not issue the subsequent CVEDPs to consignments when consignments are moved from the free/customs warehouses to the ship supplier, if both are located in the same building and under the same owner. The physical movement of products of animal origin does not take place in the warehouse. However, traceability is ensured in the warehouse operators' records, in accordance with Article 13(2)(d) of Directive 97/78/EC. 9

14 Movement from the free/customs warehouses or ship suppliers to a ship or to a specially approved warehouse 43. All consignments from free/customs warehouses or ship suppliers to a ship or to specially approved warehouses are always accompanied with the veterinary certificate laid down in the Annex to Decision 2000/571/EC. 44. The audit team noted that the NVWA ensures that in all cases the official representative of the master of the ship confirms the arrival of consignments to the ship (which might be located in the Dutch ports or in ports of other Member States) in accordance with the requirements of Article 5(3) of Decision 2000/571/EC. The NVWA has a system in place to ensure follow-up of the above-mentioned veterinary certificates. Conclusions on controls at warehouses and ship suppliers 45. There is a well-functioning system of official controls on consignments in transit upon entry or exit from warehouses and ship suppliers which ensures that if a consignment has been manipulated during transit or does not arrive at the warehouse, this will be detected. Consignments ready for dispatch are subject to official controls. The controls during the storage are limited and do not include reconciliation exercises, which may potentially compromise the overall system of official controls at the warehouses Controls at the exit border inspection post 46. The NVWA has issued an instruction on exit transit controls, which is in line with Article 11 of Directive 97/78/EC. However, Rotterdam port BIP does not perform controls on exit transit consignments contrary to Article 3 of Decision 2000/208/EC. The information included in box 41 of the CVEDs (confirmation of the exit of the consignments) is obtained from the shipping lines' websites. The NVWA stated that they have access to over 40 shipping lines' systems. These webpages do not record the official seal numbers, but only the container numbers. Therefore, the NVWA is not able to confirm that the container leaving contains the same product loaded in the place of origin and intended for transit, and that those consignments have left the EU territory External transits 47. In relation to EU consignments moving between Member States via third countries' territory, the audit team noted that the NVWA inspectors do not include in the Intra-trade certificates (INTRA) the information required in box I.26 (information on the third countries included in the itinerary, if any), contrary to the requirements of the Annex to Commission Regulation (EC) No 599/2004. The consequence is that the BIPs through which the consignments re-enter the EU do not receive the notification that would allow them to perform the controls required before re-entry. The NVWA was unaware of Dutch products intended for other Member States and moving via third countries' territory. Examples of such movements (live poultry from the Netherlands to Greece) 10

15 where discussed during the audit and the NVWA immediately issued instructions to its officials to fill in the relevant data in the INTRA when required Verification of the official controls 48. In 2014, an audit covering import/transit controls at BIPs was performed by the NVWA in line with the requirements of Article 8 of Regulation(EC) No 882/2004. The NVWA informed the audit team that controls at the warehouses were not covered by the abovementioned audit because the warehouses were subject to accreditation and internal audits were planned shortly after this audit. Therefore, the shortcoming found by the FVO audit team (see finding 37) was not detected and not corrected by the NVWA. Conclusion on controls at the exit border inspection post 49. The existing official control system at the exit BIPs does not comply with EU requirements, and cannot guarantee that the goods in transit leave the Union without manipulation. 6 OVERALL CONCLUSIONS The Dutch authorities demonstrate good cooperation and communication between veterinary and Customs authorities ensuring that transit consignments are presented for veterinary controls. The clear allocation of tasks, responsibilities and duties of staff and the training of officials supports the correct implementation of the official controls on transits. The veterinary checks for transit consignments at the entry BIP are implemented ensuring that consignments in transit fulfil animal health guarantees. The routine acceptance of explanatory letters instead of replacement certificates when discrepancies are detected (regardless of the seriousness of the discrepancy) weakens the effectiveness of documentary controls. Warehouses are subject to a very intense system of controls, in frequency and variety. The system of official controls for consignments entering and exiting warehouses and ship suppliers is in line with the EU legislation. Warehouse operators keep all the required records and ensure that they receive confirmation of arrival at destination for every consignment (including confirmation from the official representative of the master of the ship). However, the official controls on the traceability of the consignments stored in the warehouses rely on operators' data without corroborating the evidence with other sources, so controls cannot detect discrepancies, if any arise. The official control system at the exit BIPs is based on a confirmation via private operators' websites that the container has left the EU territory. This practice does not ensure that all non-conforming consignments of products of animal origin which have been introduced into the EU have not been manipulated during transit. This issue triggered a recommendation in two FVO audit reports (ref. DG(SANCO)/ and ref. DG(SANCO)/ ) which remain outstanding. 11

16 7 CLOSING MEETING A closing meeting was held on 26 June with representatives from the NVWA, the Ministry of Economic Affairs and Customs. At this meeting, the main findings and the preliminary conclusions of the audit were presented by the audit team. The NVWA requested clarification in relation to some issues but did not express disagreement with the findings and conclusions presented. 8 RECOMMENDATIONS The competent authority is invited to provide details of the actions taken and planned aimed at addressing the recommendations set out below, including deadlines for their completion ('action plan'), within 25 working days of receipt of the translated draft audit report. No. Recommendation 1. To ensure that instructions on the replacement of certificates are documented as required by Article 8(1) of Regulation (EC) No 882/2004. Recommendation based on conclusion 26. Associated findings 9 and To ensure the official controls are appropriate and effective in verifying the traceability of the consignments stored in the customs/free warehouses/ship suppliers as required by the Article 4(2)(a) Regulation (EC) No 882/2004. Recommendation based on conclusions 45. Associated findings 35, 36 and 37. The competent authority's response to the recommendations can be found at: 12

17 ANNEX 1 LEGAL REFERENCES Legal Reference Official Journal Title Reg. 882/ Article 45 (MS) OJ L 165, , p. 1, Corrected and re-published in OJ L 191, , p. 1 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 Dir. 97/78/EC OJ L 24, , p Dir. 91/496/EEC OJ L 268, , p Reg. 136/2004 OJ L 21, , p Reg. 282/2004 OJ L 49, , p Dec. 2000/571/EC OJ L 240, , p 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 Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC 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 Commission Regulation (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community 2000/571/EC: Commission Decision of 8 September 2000 laying down the methods of veterinary checks for products from third countries destined for introduction into free zones, free warehouses, customs warehouses or operators supplying cross border means of sea transport

18 Dec. 2000/208/EC OJ L 64, , p Dec. 2004/292/EC OJ L 94, , p Reg. 882/2004 OJ L 165, , p. 1, Corrected and re-published in OJ L 191, , p. 1 Reg. 853/2004 OJ L 139, , p. 55, Corrected and re-published in OJ L 226, , p. 22 Reg. 599/2004 OJ L 94, , p /208/EC: Commission Decision of 24 February 2000 establishing detailed rules for the application of Council Directive 97/78/EC concerning the transit of products of animal origin from one third country to another third country by road only across the European Community 2004/292/EC: Commission Decision of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC 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 Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin Commission Regulation (EC) No 599/2004 of 30 March 2004 concerning the adoption of a harmonised model certificate and inspection report linked to intra-community trade in animals and products of animal origin