IMPORTS OF PRODUCTS OF ANIMAL ORIGIN FROM

THIRD COUNTRIES

IMPLEMENTATION OF COUNCIL DIRECTIVE 97/78

BY

THE PRODUCTS OF ANIMAL ORIGIN (THIRD COUNTRY

IMPORTS) REGULATIONS (POAO(TCI) REGS)

GUIDANCE FOR IMPORTERS AND OTHER

INTERESTED ORGANISATIONS

Defra
International Animal Health Division,
Import Policy Branch
September 2005
PART 1: GENERAL IMPORT PROCEDURES

Notification of arrival and presentation requirements

SUMMARY: ALL CONSIGNMENTS TO BE PRE-NOTIFIED TO THE BIP

(BORDER INSPECTION POST) AND CHECKED AGAINST EU VETERINARY
IMPORT CONDITIONS.

Detail

1. Directive 97/78 requires the person responsible for the load to ensure
that all products of animal origin are presented at a BIP approved to carry out
veterinary checks on that product. He or she must notify the OVS1 (Official
Veterinary surgeon) at the BIP in advance of the arrival of consignment(s).

2. The importer is responsible for notifying the BIP and for completing Part
1 of the CVED (Common Veterinary Entry Document), which is laid down in
Commission Regulation 136/2004. This is preferably done electronically via the
TRACES system. If you wish to register to use TRACES you should contact the
BIP you usually import your products through.

3. The existing national notice requirements of at least 6 working hours for

consignments arriving by air and 1 working day for all other consignments
remain until 1 January 2006. Consignments will still need to be notified to the
BIP before their arrival. Failure to do so may result in the consignment being
rejected.

Place where veterinary checks are carried out

SUMMARY: ALL PRODUCTS TO BE MOVED TO THE BIP FACILITY. MIXED

CONSIGNMENTS TO BE BROKEN DOWN PRIOR TO CHECKING

1. OVSs will require all consignments, and documentation accompanying

them, to be presented at the BIP facility. As a concession, and only if the OVS
so permits, in the case of shipping containers (the numbers of which are notified
to the OVS in advance of their arrival) only those selected for identity, and, if
appropriate, physical, checking may be delivered to the BIP facility.

2. To aid checking, OVSs will require consignments of products of animal

origin presented in containers or packages which also include other products,
for example fruit and vegetables to be separated into products of animal origin
and other products by the importer or his/her agent (at their expense).
Checking will not commence unless and until this has been done.

1
All references to OVS should be taken to mean OVS or, in the case of checks on imported
fishery products, inspector.
Manifest checks

SUMMARY: OVSs MUST HAVE ACCESS TO MANIFEST RECORDS

1. Directive 97/78 includes a provision allowing Member States to have

access to the manifests of ships and aircraft to check that products of animal
origin have been correctly notified. The BIP authority may wish to have access
to manifest or similar information maintained by the port operator or by port
users. Checks on manifests should be allowed as and when the OVS wishes.

Removal of products of animal origin from port areas prior to completion

of checks

SUMMARY: NO REMOVAL FROM THE PORT AREA PRIOR TO

COMPLETION OF VETERINARY CHECKS

1. The importer must ensure that products subject to veterinary checks are
not removed from the port before they have been checked and issued with a
completed CVED. Temporary storage in a transit shed within or adjacent to the
port or airport area from the time of unloading until the BIP next opens should
be permitted.

Documentary checks

SUMMARY: IMPORTERS MUST PRESENT IMPORT DOCUMENTATION

BEFORE VETERINARY CHECKS BEGIN. EVERY CONSIGNMENT TO BE
CHECKED

1. The importer must provide to the OVS or other PHA staff the necessary
veterinary certification or documentation at the time the consignment is
presented for checking, or earlier. Checks will not commence until the
certification or documentation is available.

2. Every consignment is subject to a documentary check to ensure that the

advance notification and the veterinary health certification tally, and that the
certification meets precisely the requirements of the appropriate EU or national
legislation for the product concerned. Original veterinary certification will be
retained at the BIP. Authenticated copies will be provided to the importer or
agent on request.

3. The veterinary certification or other documentation (but not necessarily

Bills of Lading) presented to the OVS must be originals. Copies are only
acceptable, at the discretion of the OVS, when consignments are transhipping
to another border inspection post for the veterinary checks to be carried out.
Identity checks

SUMMARY: ALL CONSIGNMENTS TO BE CHECKED. SOME CONTAINERS

FROM EACH CONSIGNMENT TO BE OPENED UNLESS COMMUNITY
IMPORT RULES REQUIRE THEM TO HAVE AN OFFICIAL VETERINARY
SEAL (AND THEY HAVE IT)

1. An identity check involves checking that the stamps, official marks,

official labelling and/or health marks on the product or its packaging tally with
those recorded in the accompanying documentation. Containers (other than
those referred to below) will need to be opened so that these can be seen.

2. For containers which are required by Community law to be sealed by the

competent authority responsible for the health certification in the country of
origin, a simple check that the number on the official seal accords with that on
the health certification may be regarded as an acceptable identity check. But if
the OVS is not satisfied that the seal number has been recorded by the
authorities in the country of origin (i.e. if it could have been added later by the
transporter, exporter or importer) he or she will insist on the container(s) being
opened. Incorrect seal numbers may result in the rejection of the consignment.

3. A list of those products which may be subject to a seal check is available

on the Defra website. These include products for which the model certification
laid down in Commission Decisions includes space for seal numbers to be
entered.

Physical checks

SUMMARY: CHECKS ACCORDING TO FREQUENCIES LAID DOWN IN

COMMISSION DECISION 94/360 OR EQUIVALENCE AGREEMENTS.
HIGHER LEVELS PERMITTED IN CERTAIN CIRCUMSTANCES

1. Detailed rules for physical checks are laid down in Annex III of Directive
97/78. The default requirement is for 100% checks on imported animal
products. However, Decision 94/360 has reduced the levels of checks for
harmonised products and equivalence agreements also affect the level of
checks applied for certain countries. Details of the levels of checks applied are
available on this website.

2. OVSs have powers to carry out any checks they deem to be appropriate
in cases where they suspect that the appropriate veterinary legislation has not
been complied with or there is some other doubt about the consignment or its
destination.
Products departing the BIP prior to receipt of test results

SUMMARY: IN CASES WHERE TESTS ARE CARRIED OUT AS A RESULT

OF PREVIOUS UNFAVOURABLE RESULTS, CONSIGNMENTS WILL NOT
BE ALLOWED TO LEAVE THE BIP UNTIL RESULTS ARE KNOWN.

1. In cases where testing has been carried out as a result of information on

previous unfavourable test results, consignments will not be given a CVED and
will not be able to leave the BIP unless and until negative test results are
received by the OVS.

2. In cases where the testing is for a substance or pathogenic agent which

presents a direct or immediate animal or public health risk, the OVS can, if he or
she so decides, detain the consignment at the BIP.

3. The veterinary authorities for the area of destination (including UK

destinations) will be advised of any pending test results. They will also be
advised of the results of the checks, when known.

Common Veterinary Entry Document (CVED)

SUMMARY: CVED TO TRAVEL WITH THE LOAD

1. On completion of the veterinary checks with satisfactory results the OVS

will complete and sign the CVED. This will be subject to the necessary fees
having been paid.

2. The OVS must be informed if a consignment is to be split into smaller

loads for different premises of destination before leaving the port or airport. He
or she will then complete on CVED for the whole load and then complete a
separate daughter CVED for each load (importers or agents will be required to
complete the basic details section). In cases where a consignment is divided
up for the purposes of onward transportation but all parts are to go to the same
premises of destination (e.g. x containers bound for 1 distribution store) a single
CVED will be issued.

3. The importer/transporter must ensure the CVED remains with the

consignment until arrival at the first premises of destination. It should travel with
the first load where a consignment is split but all parts are bound for the same
premises of destination.
Unsatisfactory results from veterinary checks

SUMMARY: RE-DESPATCH OR DESTRUCTION. OTHER USES NOT

PERMITTED. COSTS TO BE MET BY THE IMPORTER

1. In cases where the veterinary checks at a BIP show that the

consignment does not meet the requirements for entry into EU territory, POAO
(TCI) Regulations provides for the following:

- provided it poses no risk to public or animal health, re-despatch to a

destination outside the EU.

- for consignments for which re-despatch is not possible, or is the

importer’s chosen option, destruction.

2. Re-despatch should be from the same BIP and should take place within
60 days of rejection. The OVS/inspector will invalidate all certification and
documentation and other EU Member State competent authorities will be
informed.

3. Destruction should normally take place at the approved animal waste

processing (i.e. rendering) plant nearest to the BIP. The rendered material
must then be destroyed or, if there is no risk to public or animal health, used for
some other purpose in accordance with the rules for rendered animal waste. If
the product is not capable of being handled at an approved rendering plant,
another form of destruction will be ordered by the OVS.

4. All costs relating to consignments which do not meet EU import

requirements (including storage, transport, re-despatch, re-processing or
disposal) will be charged to the importer (in accordance with Regulation 28 of
POAO (TCI) by the PHA/local authority.

Exceptions from veterinary checks

SUMMARY: TRADE SAMPLES, PERSONAL IMPORTS, DIRECT LANDINGS

OF FISH & SOME SHIP OR AIRCRAFT SUPPLIES

1. Exceptions from the requirements of the veterinary checks regime are:

- personal imports which form part of travellers’ luggage and small

consignments sent to private persons, provided they are for human
consumption; come from a country approved to send such products to
the Community; and the quantity is no more than 1kg. Personal imports
of meat, milk and their products are not permitted. Further information
on personal imports is available on this website.

- incoming ships’ or aircraft stores brought in on one vessel or aircraft for

direct transfer to another.
- trade, exhibition and research samples, which remain subject to licensing
prior to importation.

- fresh fishery products immediately landed from a third country-flagged

vessel.
PART 2: SPECIAL CASES

Import of furred (i.e. un-skinned) wild game

SUMMARY: DEFERRAL OF CHECKS TO PLACE OF DESTINATION.

CUSTOMS CONTROLS APPLY

1. The health check and residue analysis on imported un-skinned furred

wild game is to be carried out in the establishment of destination.

2. Such consignments will only be permitted to leave the BIP if they are in
sealed leak-proof containers (a CVED will not be provided unless this is the
case).

3. T1 procedure applies during transit and the premises of destination, if it

is in the UK, must be approved by customs as a place of temporary storage.

Consignments for which Community law requires the journey from the
BIP to the premises of destination to be monitored (e.g. raw materials for
the manufacture of animal feed and pharmaceutical or technical products)

SUMMARY: CUSTOMS CONTROLS APPLY

1. Community law provides for the transportation of certain consignments to

be monitored from the BIP to the premises of destination, or to an intermediate
cold store. The main example of this is materials destined for the manufacture
of animal feed and pharmaceutical or technical products Council Regulation
2002/1774.

2. For such consignments the following rules apply:

- the products must be transported to the establishment of destination, or

to an intermediate store in sealed leak-proof containers or vehicles (with
completed CVED).

- customs T5 supervision apply from the BIP until arrival at the premises of
destination, or to the intermediate premises.

3. The authorities responsible for the premises of destination or the

intermediate cold store will be notified of the consignment at the time of
departure from the BIP.
PART 3: TRANSHIPMENTS

Circumstances in which checks may be deferred to a subsequent EU

entry point

SUMMARY: CHECKS ON TRANSHIPMENTS DEPEND ON TIME SPENT AT

THE BIP OF ENTRY. TIME LIMITS RELATE TO THE PERIOD FROM
COMPLETION OF UNLOADING OF THE VESSEL OR AIRCRAFT

1. Article 9 of Directive 97/78 provides for certain consignments arriving at a

sea port or airport BIP to be transhipped on to another BIP at which some or all
of the veterinary checks would be carried out. (But note that both BIPs at which
checks are carried out must be approved for the products concerned). These
provisions relate only to consignments which do not leave the customs area of
the port or airport of the first BIP of arrival and which remain there for less than
a pre-determined maximum period of time.

2. The type of checks (if any) carried out at the first BIP depend on whether
the products are unloaded onto the quayside or airport tarmac and on the length
of time they remain in the port or airport.

3. The time limits referred to below commence at the time of completion of

unloading of a vessel or aircraft - i.e. when the last container or package is off-
loaded.

Products which are transferred directly from vessel to vessel or aircraft to

aircraft

SUMMARY: OVS PERMITTED TO ALLOW DIRECT TRANSHIPMENTS TO

ANOTHER BIP WITHOUT CARRYING VETERINARY CHECKS

1. The OVS is permitted to allow consignments to be transhipped to

another BIP without any veterinary checks having been carried out if transfer is
directly ship to ship or aircraft to aircraft. The agent must, however, provide the
BIP Authority with a notification of arrival.

2. An OVS can carry out documentary, identity and/or physical checks on

direct transhipments if he/she has reason to believe that the consignment may
pose an animal or public health risk.

Products which are transhipped to another BIP within 12 hours/7 days of

arrival at the BIP

SUMMARY: OVS PERMITTED TO ALLOW TRANSHIPMENTS TO ANOTHER

BIP WITHOUT CARRYING OUT VETERINARY CHECKS IF TRANSHIPMENT
IS WITHIN 12 HOURS (AIRPORTS)/7 DAYS (SEA PORTS)

1. An OVS may allow products to go on to a second BIP unchecked if they

are unloaded and stored (in a warehouse within the customs area or on the
quay side or airport tarmac) for less than 12 HOURS (airports) or 7 DAYS (sea
ports) prior to the transhipment.

2. But the OVS will carry out any checks he/she deems necessary in cases
where he/she has reason to believe that the consignment may pose an animal
or public health risk.

Unloading and storage for more than 12 hours but no more than 48
hours/more than 7 days but no more than 20 days prior to transhipment
to another BIP

SUMMARY: AT LEAST A DOCUMENTARY CHECK REQUIRED

1. Consignments to be transhipped to another BIP more than 12 hours but

no more than 48 hours (airports) or more than 7 days but no more than 20 days
(sea ports) after arrival will be subject to at least a documentary check. An OVS
may allow the identity and physical check to be deferred to the second BIP,
provided the consignment remains within the port or airport during that time.

2. The OVS will, however, carry out any checks he/she deems necessary in
cases where he/she has reason to believe that the consignment may pose an
animal or public health risk.

Unloading and storage for more than 48 hours/20 days

SUMMARY: FULL VETERINARY CHECKS REQUIRED

1. In cases where consignments are unloaded and stored at the BIP for
more than 48 hours (airports) or 20 days (sea ports) they must undergo full
veterinary checks there (documentary, identity and, if appropriate, physical
check plus completion of the CVED), regardless of subsequent destination.

CVEDs

SUMMARY: CVEDs WILL BE COMPLETED FOR PRODUCTS SUBJECT TO

SOME VETERINARY CHECKS. NO CVED IS REQUIRED IN CASES WHERE
NO CHECKS ARE CARRIED OUT

1. CVEDs will be completed for consignments which are subject to at least

a documentary check at the BIP of transhipment. No CVED is required for
consignments which are not checked because they have remained at the first
BIP for less than the minimum 12 hours (airports)/7 days (sea ports).
PART 4: TRANSITS ACROSS EU TERRITORY

General conditions for transit of consignments sent from one third

country to another via EU territory.

SUMMARY: TRANSIT WILL NOT BE PERMITTED IF THERE IS A SPECIFIC

PROHIBITION ON THE IMPORTATION OF THE PRODUCT INTO THE EU

1. Products will not be permitted to transit EU territory if there is a specific

prohibition on imports into the Community of the product concerned. If there is
no such prohibition, and provided all of the conditions for transit are met,
products from countries which are not approved for exports to the EU market
may transit EU territory.

2. Entry into, and exit from, the Community must be via a BIP and transit
time must not exceed 30 days. Containers or vehicles must be sealed.

3. To ensure that customs controls are maintained during the transit, T1

procedures apply.

Undertaking to dispose of rejected consignments returned to EU territory

SUMMARY: WRITTEN UNDERTAKING REQUIRED PRIOR TO ENTRY

1. The person responsible for the load (importer/agent) must agree to

dispose of the products should they return to the Community following rejection
by the authorities in the country to which they are being sent. A written
undertaking to this effect must be provided at the BIP of entry. Without this,
permission to transit will be refused.

Presentation at a BIP and veterinary checks on consignments transiting

EU territory

SUMMARY: DOCUMENTS MUST BE AVAILABLE. DOCUMENTARY AND

IDENTITY CHECKS TO BE CARRIED OUT EXCEPT ON DIRECT
TRANSHIPMENTS

1. Entry for transit will not be permitted if veterinary certification or

documentation, and, if necessary, an English language translation, is not
available. Some products require a transit health certificate which is laid down
in EU legislation.

2. Documentary and identity checks will be carried out. Physical checks will
also be carried out in cases where the OVS at the BIP suspects irregularities or
has reason to believe that the consignment may pose an animal or public health
risk. A CVED will be completed with Box 31 completed (Acceptable for transit
procedure).

3. However, consignments which are not unloaded or which are

transhipped from one vessel or aircraft to another within the customs area of a
port or airport within the 12 hours (airports) or 7 days (sea ports) referred to in
the section on transhipments may be allowed to proceed without the need for
any veterinary checks.

Controls on consignments transiting Community territory by road, rail or

inland waterway

SUMMARY: T1 CONTROLS APPLY

1. All consignments transiting EU territory by road, rail or waterway will be

subject to T1 procedure. Consignments must depart the BIP of entry
accompanied by the necessary veterinary certification or other documents and
the CVED.

Communications between BIPs

SUMMARY: CONTROL THROUGH COMMUNICATION BETWEEN THE BIP

OF ENTRY AND THE BIP OF EXIT

1. To ensure products transiting EU territory are not diverted onto the

Community market, the BIP of entry will inform the proposed BIP of exit, that the
consignment has been allowed to transit Community territory on its way from
one third country to another. The BIP of exit will notify the BIP of entry when it
has left EU territory. If this fails to happen, an investigation would ensue.
PART 5: IMPORTS BOUND FOR CUSTOMS WAREHOUSES AND SHIPS’
STORES

Products destined for a customs warehouse or ships’ store: pre-import

declaration

SUMMARY: IMPORTERS MUST SPECIFY THAT THE PRODUCTS ARE FOR

ENTRY INTO A WAREHOUSE OR STORE OR FULL CHECKS WILL BE
CARRIED OUT

1. In the case of products destined for a customs warehouse or ships’ store,

the importer must declare before their arrival at a BIP:

- that they are intended to go to a warehouse or ships’ store; and

- that they are intended for:

- release into free circulation; or
- re-export to a third country; or
- for ships’ supplies.

- whether they comply with the conditions for import for release into free
circulation or not.

This information is required by Boxes 19, 22 and 23 of the CVED.

2. This declaration should be provided in writing to the OVS along with the
advance notification of the consignment’s arrival. Boxes 19, 22 and 23 of the
CVED require this information.

3. Consignments for which no declarations are made will be checked on the

assumption that they are for free circulation within the EU and accepted or
rejected by the OVS accordingly.

Consignments destined for a customs warehouse or ships’ store and

subsequent release into free circulation

SUMMARY: NO LIMITATIONS ON THE DESTINATION OF PRODUCTS FIT

FOR RELEASE ON TO THE COMMUNITY MARKET

1. Consignments which are found to meet EU requirements following the

normal documentary, identity and, if appropriate, physical checks at a BIP will
be given a CVED in the normal way, regardless of their destination.
Consignments destined for a customs warehouse or ships’ store but
which are not fit for subsequent release into free circulation

SUMMARY: ENTRY PERMITTED ONLY IF THE WAREHOUSE OR STORE IS

APPROVED.

1. Only consignments originating in a country which is, in principle,

permitted to export the products concerned to the Community will be permitted
entry for storage in a warehouse or ships’ store.

2. An OVS/inspector will only issue a CVED for non-compliant products with

the Box 34 (Acceptable for Specific Warehouse Procedure) suitably completed
in cases where veterinary certification or other relevant documentation and, if
necessary, an English language translation, is available. Entry will be refused if
these documents are not available. For some products a certificate laid down in
EU legislation is required.

3. An OVS will not normally carry out physical checks on consignments

which are known not to meet the requirements for release into free circulation
within the EU, unless an animal or public health risk is suspected. If physical
checks indicate that transit and/or storage of the products would constitute an
animal or public health risk, entry will be refused.

4. Consignments not fit for free circulation will only be permitted to proceed
to a warehouse or ships’ store if it is an approved warehouse or store. AT
PRESENT, THERE ARE NO APPROVED CUSTOMS WAREHOUSES OR
SHIPS’ STORES IN THE UK. Some other Member States do have approved
customs warehouses and ships’ stores. If you need any further information
please send an e-mail iah-imports@defra.gsi.gov.uk.

5. Consignments not fit for free circulation which are destined for an
approved warehouse or ships’ store must have seals acceptable to H M
Revenue and Customs applied to the vehicle or container on departure from the
BIP.

6. The costs of all BIP operations relating to consignments not fit for free
circulation may be recovered from the importer or agent.

Exit of consignments not fit for free circulation from a customs

warehouse or ships’ store

SUMMARY: EXIT FROM THE EU MUST BE WITHIN 30 DAYS.

1. Consignments not fit for free circulation which have been held in an
approved customs warehouse must leave the EU via a BIP within 30 days of
departure from the zone or warehouse. Consignments exiting a ships’ store do
not need to go out via a BIP.
PART 6: RETURNED CONSIGNMENTS

Re-importation of consignments rejected by a third country

SUMMARY: RETURN MUST BE TO THE PREMISES OF ORIGIN OR TO A

PLANT FOR DESTRUCTION. DOCUMENTARY REQUIREMENTS MUST BE
MET.

1. Returned consignments must arrive at an approved BIP and are subject

to the same advance notification and checking requirements which apply to
other imported consignments.

2. Returned consignments will be allowed to leave the BIP only if they are
for direct delivery to the establishment from which they were originally
consigned. The only exception would be for consignments which are to be
destroyed.

3. In order to be allowed to proceed from to the BIP back to the premises of

origin, consignments refused entry into a third country must be accompanied
by either:

- for consignments not in sealed containers, the original health certification

or a copy authenticated by the competent authority of the Member State of
origin. The importer/agent must also provide in writing:

- reasons why entry into the third country was refused;

- a guarantee that satisfactory conditions of transport and storage
have been observed; and
- a declaration that the products have not been handled or
unloaded.

- for products in sealed containers, a certificate provided by the carrier

confirming that the contents have not been unloaded or handled.

In the absence of such certification, returned consignments will only be released

for destruction.

4. Consignments to be transported from the BIP back to the establishment

of origin will only be allowed to leave the BIP in leak-proof means of transport
which have been sealed by the port health or other BIP authority.