9 Effectiveness of control on imports
of food, feed, animals and plants
(32398)
18251/10
COM(10) 785
| Commission Report on the effectiveness and consistency of sanitary and phytosanitary controls on imports of food, feed, animals and plants
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Legal base |
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Document originated | 21 December 2010
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Deposited in Parliament | 5 January 2011
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Department | Environment, Food & Rural Affairs
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Basis of consideration | EM of 18 January 2011
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Previous Committee Report | None
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To be discussed in Council | No date set
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Committee's assessment | Politically important
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Committee's decision | Cleared
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Background
9.1 In December 2008, the Council invited the Commission to
produce a report by the end of 2010 on the effectiveness and consistency
of sanitary and phytosanitary controls on imports of food, feed,
animals and plants, with a view to continuing a well-functioning
Community framework on imports, along with proposals, if appropriate.
The Commission has now sought to meet that request in this document.
The current document
9.2 The Commission notes that the EU is the world's largest
importer of food and feed, and that, whilst it is mainly self-sufficient
for most products, it needs to import those where there is little
or no domestic production, or where production falls short of
demand. It also points out that the food industry is the EU's
largest manufacturing sector, employing over four million people
and with an annual global turnover of 900 billion, and is
thus pivotal to its prosperity. At the same time, the Commission
notes that the industry needs to rely on inputs from around the
world, whilst having in place food standards which enable it to
remain competitive and to enjoy the confidence of European consumers:
and it points out that, notwithstanding the recent global downturn,
trade in agricultural goods has grown rapidly, and that, as a
result, there has been increasing attention given to the potential
risks this presents to human, animal and plant health.
9.3 The Commission says that the role of the
EU is to ensure that all food on the market, including imports,
is safe, and that, in order to achieve this, it has in place a
comprehensive body of legislation underpinned by a harmonised
and risk-based approach to identify hazards to human,
animal and plant health associated with particular products from
a third country at any point in time, and to put in place any
controls found to be necessary. In particular, import conditions
are established in the light of a variety of factors, including
the guarantees offered by the control systems in place in other
countries, and the inspections carried out in those countries
and in Member States: and it adds that, whilst the vast majority
of EU imports do not pose a significant health hazard, there are
a number of products for which specific, harmonised measures are
established at EU level, which require controls to be performed
prior to their import.
9.4 The Commission also points out that the way
in which the EU applies its regime determines how far it is able
to maintain an open and science-based approach in this area, and
that the controls it sets are consistent with the relevant international
standards established by the Codex Alimentarius Commission, the
World Organisation for Animal Health (OIE) and the International
Plant Protection Convention (IPPC). It adds that, whilst governments
may take additional measures, these are permissible only where
they can be proved to be science-based, proportional and non-discriminatory,
and that the EU is committed to complying with its international
obligations, bearing in mind that its requirements often serve
as benchmarks for international trade and have a huge impact on
those developing countries which are highly dependent on access
to its markets.
CURRENT IMPORT CONTROLS
9.5 The Commission points out that food safety
requirements are enshrined in Regulation (EC) No 178/2002[46]
(the General Food Law), which is complemented by Regulation (EC)
No 882/2004[47] (the
Official Food and Feed Controls Regulation). More specifically,
it notes that the latter measure provides the general principles
underlying the establishment of import conditions, the recognition
of equivalence, and the approval of pre-export controls by third
countries, as well as tasking the Commission with specific duties
relating to the collection of information and inspections in third
countries. In addition, detailed provisions governing imports
are provided for in an extensive set of sectoral measures in such
areas as plant health, seeds, zoonoses, animal diseases, animal
by-products, food and feed hygiene, genetically modified food
and feed, residues and contaminants, pesticides, additives, nutrients,
dietetic foods, mineral waters, novel foods, and food contact
materials.
9.6 The Commission notes that different products
pose different risks and are subject to specific import conditions
and controls. Thus:
- live animals and products
of animal origin, as
well as products (such as embryos) not intended for human consumption,
are considered to be a high risk because they can be vectors for
the transmission of diseases: consequently, they can only enter
the EU through approved border inspection posts under strictly
harmonised conditions, including being sourced from approved third
countries, from approved or registered establishments, and accompanied
by signed veterinary certificates confirming their conformity
with various conditions, and with mandatory physical and documentary
checks being carried out at border inspection posts, following
which a Common Veterinary Entry Document is issued allowing the
goods to be released for free circulation;
- imports of live plants or plant products
are also considered to be of high risk due to the possibility
of introducing new pests and plant diseases, and they too must
be accompanied by an official certificate (based on a model set
out under the IPPC), with checks being carried out an approved
Point of Entry (unless a derogation is granted allowing this to
be done at the place of destination);
- certain food and feed of non-animal origin
which carries a known risk is also subject to mandatory pre-import
controls at Designated Points of Entry, the list of commodities
and the applicable level of controls being reviewed on a quarterly
basis.
The Commission also notes that most food chain products
(such as canned, processed and dried foods, and fruit and vegetables)
are considered not to pose an intrinsic risk to public, animal
or plant health, and that any controls are carried out by Member
States on the basis of their multi-annual control plans.
ENSURING EFFICIENCY OF IMPORT CONTROLS
9.7 The Commission says that its own Food and
Veterinary Office (FVO) carries out inspections in both Member
States and third countries on the basis of an annual plan, pooling
its own experience with the views of Member States to establish
priorities, thus allowing prompt action to be taken to tackle
any unacceptable risk; that the European Food Safety Authority
(EFSA) provides it with independent scientific advice on all matters
affecting the safety of the food chain; that the Trade Control
and Expert System (TRACES) provides on-line information of import
consignments of live animals and animal products, allowing exchanges
of information between competent authorities; and that the EU
has in place two alert systems to provide a rapid and effective
exchange of information.
9.8 It adds that the EU plays an active role
in the World Trade Organisation (WTO), as well as in international
standard-setting bodies, permitting it to promote its own regulatory
model and thus shape international standards. In addition, it
maintains an ongoing dialogue with third countries and engages
in bilateral agreements governing trade in agricultural products,
whilst the Official Food and Feed Controls Regulation provides
for "equivalence" to be recognised unilaterally by the
EU in any area of the food chain. The Commission also highlights
the efforts it has made to improve food safety training for Member
States' competent authorities, and the extent to which it has
held regular discussions with Member States on any new or emerging
problems of particular concern, stressing the importance of close
relations if there is to be a rapid response to breaches.
EMERGING ISSUES
9.9 The Commission says that recent and emerging
issues include the increasing extent to which disproportionate
and unscientific sanitary and phytosanitary measures are being
used for protectionist purposes, and it highlights the challenges
posed by new diseases such as BSE and variants of avian flu, together
with the changing patterns of disease incidence and spread as
a result of changing climate conditions, and by new technologies
and new generations of food and feed ingredients (where it believes
that managing consumers' risk perception is becoming increasingly
important). It also identifies the potentially major risks to
public health from bio-terrorism involving the use of food borne
viruses and pathogens,which it says has increased the need the
vigilance in the control of imports, and it says that, at a time
when financial and other resources are increasingly scarce, it
is imperative that controls are concentrated in areas of most
benefit, with new information technologies (such as electronic
certification) being used more fully, and greater coordination
between animal and public health controls at EU borders.
MEASURES TO IMPROVE AND STRENGTHEN IMPORT CONTROLS
9.10 The Commission says that, although the present
risk and evidenced-based approach has worked well to date, the
different approaches to controls of food, feed, animals and plants
makes it very complex to administer, despite the additional overall
coherence provided by the General Food Law and the Official Food
and Feed Controls Regulation. It therefore believes that there
is a need to streamline the control system by improving the assessment
of risk and the consistency and efficiency of the mechanisms in
place. It says that this would involve:
The Commission says that changes to the Official
Food and Feed Controls Regulation are planned as part of the wider
initiative to re-cast and simplify EU legislation, in order to
ensure an integrated approach to official controls in all areas,
including the rules governing the financing of official controls,
those applicable to controls on residues of veterinary medicines,
and to veterinary controls on imports of live animals and products
of animal origin. In addition, there will be a new Animal Health
Law, based on the Animal Health Strategy for 2007-13, and involving
the principle of prevention, disease surveillance, and minimising
the impact of disease outbreaks, thus replacing a series of inter-related
policy actions by a single regulatory framework. It also says
that a harmonised EU framework for responsibility and cost-sharing
will be developed, and that the EU's plant health regime will
be comprehensively reviewed in the light of the various developments
which have taken place since the 1970s, including enlargement,
globalisation, climate change, and a significant evolution of
the scientific expertise underpinning the original regime.
- Non-legislative improvements
The Commission says that its Food and Veterinary
Office will continue to inform decisions relating to risk and
to ensuring consistent follow-up of country and establishment
listings; that TRACES will be upgraded and extended to new users,
including third countries; that the EU's two rapid alert systems
could become the start of a broader mechanism to ensure the traceability
of border controls for all imports of food, feed, animals and
plants; and that the EU will continue its dialogue with third
countries at both bilateral and multilateral levels to ensure
that concerns in this area are dealt with in an open and transparent
manner.
The Commission says that, because of resource constraints,
the optimal allocation of resources for controls is necessary,
with a targeting of control measures, enabling enforcement authorities
to concentrate their efforts where the risk is highest.
The Government's view
9.11 In his Explanatory Memorandum of 18 January
2011, the Minister of State for Agriculture and Food at the Department
for Environment, Food & Rural Affairs (Mr Jim Paice) says
that there are no policy implications in respect of animal imports,
but that, in the case of plant health, the EU's regime is currently
under review. He adds that the UK is playing a full part in this
review, and is pursuing three main aims faster decision
making as plant health risks change and new pests emerge; better
risk targeting, including regionalisation where appropriate, and
a shift of inspection effort from plant produce (e.g. fruit) to
plants and propagating material prior to placing on the market;
and more co-operation between plant health inspectorates, and
between plant health and customs services.
9.12 The Minister also suggests that the statement
in the report that phytosanitary controls in the area of plant
health are "above all safe" overstates the effectiveness
of the present regime, pointing out the main driver for the current
review is that the controls have not prevented the entry of numerous
pests and diseases. He says that in part these shortcomings stem
from the failure of Member States to implement the current regime,
due mainly to a lack of resources, but that, more fundamentally,
the regime's very open nature allows imports to take place unregulated
until a problem is identified, by which time a pest or disease
may have entered and become established. He is also concerned
that, although consignments of live plants and certain plant products
have to be accompanied by a Phytosanitary Certificate issued by
the competent authority in the exporting country, the inspection
of the consignment prior to its issue must be thorough and depends
on the exporting country's inspectors having a clear understanding
of the EU's complex import requirements, which he believes is
frequently not the case.
9.13 More generally, the Minister says that the
competent authorities responsible for phytosanitary controls within
the UK are concerned about the tone and content of the report,
and will focus efforts in the current review on pressing for a
more effective system, which addresses these shortcomings and
targets proportionate controls at those trades representing the
highest risks. He also suggests that the review and its findings
are subject to wide public consultation, and should lead in 2012
to proposals for legislative change.
Conclusion
9.14 This Report provides a useful overview
of the current arrangements governing imports of food, feed, animals
and plants into the EU, and of the issues which the Commission
believes should be addressed in order to improve and strengthen
those controls. It is therefore a document of some interest, and,
for that reason, we are drawing it to the attention of the House.
9.15 In doing so, we note that, whilst the
Government does not think that the document has any policy implications
in the case of animal imports, it believes that the Commission
has overstated the effectiveness of the present plant health regime.
In view of this, we did consider whether there would be a case
for referring the Communication for debate in European Committee.
Having said that, we note that the Government will be focussing
its efforts in the current review of that regime on pressing for
a more effective system, in the expectation that there will be
proposals for legislative change in 2012, and, on balance, we
are content to await the outcome of that process. We are accordingly
clearing the current document.
46 OJ No. L.31, 1.2.02, p.1. Back
47
OJ No. L.165, 30.4.04, p.1. Back
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