REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the effectiveness and consistency of sanitary and phytosanitary controls on imports of food, feed, animals and plants
Date: 2010-12-21
Institutions: European Commission
Subjects: health control, import, plant health control, transport of animals

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EUROPEAN COMMISSION 

Brussels, 21.12.2010 
COM(2010) 785 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL  

on the effectiveness and consistency of sanitary and phytosanitary controls on imports of 
food, feed, animals and plants 

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REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL  

on the effectiveness and consistency of sanitary and phytosanitary controls on imports of 
food, feed, animals and plants 

TABLE OF CONTENTS 

INTRODUCTION........................................................................................................ 3 

The Demand for Imports.............................................................................................. 3 

The Role of the European Union ................................................................................. 4 

Applying Harmonised, Risk-Based Controls............................................................... 4 

Europe as a Global Player ............................................................................................ 5 

OVERVIEW OF CURRENT IMPORT CONTROLS ................................................ 5 

The Legislative Framework ......................................................................................... 5 

Different Products, Different Risks.............................................................................. 6 

So how does it all work? .............................................................................................. 7 

MEASURES TO ENSURE THE EFFICIENCY OF IMPORT CONTROLS ............ 8 

Inspections, Risk Assessment and Information Systems ............................................. 8 

Multilateral and Bilateral Arrangements...................................................................... 9 

Training ...................................................................................................................... 10 

Co-ordination and Communication............................................................................ 10 

Providing an Appropriate Response........................................................................... 10 

RECENT AND EMERGING ISSUES ...................................................................... 11 

The Increasing Importance of SPS Measures ............................................................ 11 

Challenges .................................................................................................................. 11 

Smarter Approaches ................................................................................................... 12 

MEASURES TO IMPROVE AND STRENGHTEN IMPORTS CONTROLS OF 
FOOD, FEED, ANIMALS AND PLANTS IN THE FUTURE ................................ 12 

Legislative Improvements.......................................................................................... 12 

Non-legislative Improvements ................................................................................... 14 

An Optimal Use of Resources.................................................................................... 14 

CONCLUSIONS........................................................................................................ 14 

1. 

1.1. 

1.2. 

1.3. 

1.4. 

2. 

2.1. 

2.2. 

2.3. 

3. 

3.1. 

3.2. 

3.3. 

3.4. 

3.5. 

4. 

4.1. 

4.2. 

4.3. 

5. 

5.1. 

5.2. 

5.3. 

6. 

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1. 

INTRODUCTION  

In December 2008, the Council invited the Commission to “submit a report to 
the  Council  and  the  Parliament,  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”.1 

The  following  report  answers  that  call.  In  so  doing,  it  demonstrates  that  the 
sanitary  and  phytosanitary  controls  in  place  on  imports  of  food,  feed,  animals 
and plants serve to ensure that these imports are, above all, safe.  

There  is  a  separate  debate  on  imports  that  deals  with  competitiveness  issues. 
This debate focuses on the differences in production costs between the EU and 
third countries, such as land, labour and capital, and the consumer choices that 
affect  purchasing  decisions  based  on  factors  such  as  price,  availability,  quality 
and cultural preferences. As this debate falls beyond the scope of this report, the 
analysis provided below focuses solely on the effectiveness and consistency of 
the  sanitary  and  phytosanitary  controls  on  imports  of  food,  feed,  animals  and 
plants, as requested by the Council. 

1.1. 

The Demand for Imports 

The European Union (EU) is the world's largest importer of food and feed with 
imports of EUR 85 billion in the period 2007-2009.2  

While it is largely self-sufficient in most food products, the EU needs to import 
certain commodities because there is either little or no EU production, such as 
for tea, coffee and spices, or because EU production falls short of demand, as is 
the case for fish and animal feed. Consumers increasingly demand a wider range 
of  products  and  businesses  need  to  import  raw  materials.  These  raw  materials 
largely supply the EU food processing industry which goes on to produce high 
value goods for domestic consumption or for export to third countries.  

As Europe’s largest manufacturing sector, with a global annual turnover of EUR 
900 billion and employing over 4 million people, the food industry is pivotal to 
the  EU's  prosperity.3  For  it  to  stay  ahead,  it  needs  to  be  able  to  rely  on  inputs 
from around the world.4 It also needs the food standards in place in the EU to 
remain competitive and to enjoy the confidence of European consumers.  

Despite  numerous  sources  of  demand,  total  imports  of  agricultural  products 
amount to only a small fraction of total consumption and production in Europe. 
While the EU imports much in the way of feed, coffee, tropical fruits and cocoa, 
by contrast, it imports very low quantities of animal products such as meat and 
milk. Imports exceeded exports by EUR 7 billion in 2008, an amount which fell 

1 

2 
3 
4 

Council  Conclusions  on  safety  of  imported  agricultural  and  agri-food  products  and  compliance 
with  Community  rules,  2917th  Agriculture  and  Fisheries  Council  Meeting,  Brussels,  18  and 
19 December 2008 - 17169/08 ADD 1. 
DG Agriculture and Rural Development, Monitoring Agri-trade Policy, No. 01-10, June 2010. 
European Commission Directorate General for Enterprise and Industry. 
COM(2010) 612, Trade, Growth and World Affairs,  
http://trade.ec.europa.eu/doclib/docs/2010/november/tradoc_146955.pdf. 

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to just EUR 2.5 billion in 2009 given the impact of the financial and economic 
crisis on both the value and the volume of EU imports.5  

Notwithstanding the dampening effect on world trade that came about following 
the global downturn in 2008, trade in agricultural goods has been the subject of 
rapid growth in previous years.6 Increasing attention has, as a result, been paid 
to  the  risks  associated  with  such  trade  given  the  potential  threats  to  human, 
animal or plant health. If such risks are left unchecked, disruptions to trade can 
occur whereby markets, worth billions of euros, can disappear overnight and the 
confidence  of  consumers  in  food  markets  and  the  ability  of  governments  to 
manage them, can be severely tested.  

1.2. 

The Role of the European Union 

It is essential to ensure all food on the market is safe. This applies as much to 
imports as to food, feed, animals and plants produced, raised and cultivated in 
Europe.  Controls  on  imports  ensure  that  imports  are  compliant  with  EU 
legislation  in  the  same  way  that  products  produced  in  Europe  are.  The 
underlying  principle  is  that  all  food  products  on  EU  markets  must  be  safe, 
irrespective of their origin.  

The EU has a comprehensive body of legislation - underpinned by the need for a 
harmonised  and  risk-based  approach  -  to  identify  hazards  associated  with  the 
importation of a particular product from a certain third country at any point in 
time. Once an assessment is made of the risks, the conditions under which such 
a  product  may  be  imported  can  be  determined.  In  turn,  it  is  then  possible  to 
establish which controls must be put into place. Currently only a limited number 
of high risk products are subject to uniform import conditions and modalities on 
the basis of that legislation.  

Given that risks are constantly evolving, import conditions change over time and 
so too, therefore, do the applicable controls. The EU manages these changes by 
having an appropriate risk assessment and management capability, a harmonised 
approach to controls and clear and coherent legislation in place. In so doing, the 
EU,  together  with  the  Members  States,  ensures  both  the  consistency  and 
effectiveness of its controls.  

1.3. 

Applying Harmonised, Risk-Based Controls  

Risks from imported goods are assessed on the basis of the threat those imports 
pose to human, animal and plant health - the higher the level of risk, the stricter 
the conditions for their entry into the EU and therefore, the greater the level of 
controls. 

Import conditions are established on the basis of the risk categorisation of each 
product taking into account a variety of factors at any given point in time. These 
include: information on disease outbreaks, trade data, interceptions of unsafe or 
non-compliant  products  and  scientific  evidence.  Information  on  the  guarantees 
offered  by  the  control  system  in  place  in  a  third  country,  including  applicable 
legislation  and  safety  standards,  is  also  collected  from  trading  partners.  In 
addition, inspections are carried out in both Member States and third countries 

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6 

Ibid. 
Ibid. Growth in world agricultural trade saw growth rates of 21%-25% in 2007 and 2008. 

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to  assess  their  means  to  carry  out  appropriate  controls.  In  cases  of  a  serious 
disease outbreak or where the level of risk changes, a decision is taken as to the 
specific safeguard measures necessary at the import stage. 

Member  States  carry  out  controls  aimed  at  ascertaining  compliance  with  the 
extensive set of rules that govern the food chain, plant health and animal health. 
While the vast majority of EU imports do not pose a significant health hazard, 
there  are  a  number  of  products  for  which  specific,  harmonised  controls  are 
established at EU level. These require sanitary controls to be performed prior to 
the import of these commodities into the Union.  

1.4. 

Europe as a Global Player 

The way in which the EU applies its SPS regime determines how far it is able to 
maintain an  open, science-based approach to animal and plant health and food 
safety globally. The controls set by the EU are consistent with standards set by 
international  standard-setting  bodies  working  in  the  field  of  food  safety  and 
animal  and  plant  health,  namely:  the  Codex  Alimentarius  Commission,  the 
World  Organisation  for  Animal  Health  (OIE)  and  the  International  Plant 
Protection  Convention  (IPPC)  as  provided  for  by 
the  World  Trade 
Organisation's  (WTO)  Agreement  on 
the  Application  of  Sanitary  and 
Phytosanitary Measures (the SPS Agreement).  

While  governments  may  take  additional  sanitary  and  phytosanitary  measures 
necessary  for  the protection of human, animal or plant life or health, these are 
only  permissible  where  these  can  be  proved  to  be  science-based,  proportional 
and non-discriminatory. As one of the world's largest traders in food and feed, 
the EU is committed to comply with its international obligations. The EU is also 
aware that its requirements often serve as benchmarks for international trade and 
carry  a  huge  impact  on  developing  countries,  many  of  which  are  highly 
dependent on access to European markets.  

2. 

2.1. 

OVERVIEW OF CURRENT IMPORT CONTROLS 

The Legislative Framework 

Food safety requirements are enshrined in Regulation (EC) No 178/2002 of the 
European Parliament and Council – more commonly known as the General Food 
Law. This Regulation states that the EU's food safety policy should ensure free 
movement within the internal market, seek to achieve a high level of protection 
of  human  health,  serve  consumer  interests  and  ensure  that  food  and  feed 
imported  into  the  European  Union  complies  with  requirements  able  to  provide 
equivalent levels of guarantees as regards safety.  

The  General  Food  Law  is  complemented  by  Regulation  (EC)  No  882/2004  – 
more  commonly  known  as  the  Official  Food  and  Feed  Controls  Regulation.  It 
establishes  the  overall  framework  for  official  controls  carried  out  by  national 
competent  authorities  in  the  Member  States  and  the  Commission  to  ensure 
compliance with food and feed law, with animal health and welfare rules, and - 
to some extent - to plant health provisions.  

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the  general  principles  underlying 

More specifically, in relation to imported products, the Official Food and Feed 
the 
Controls  Regulation  provides 
establishment of import conditions, the recognition of equivalence,7 the approval 
of pre-export controls carried out by third countries’ competent authorities and 
the  recognition  that  certain  commodities  may  require  specific  controls  prior  to 
their  introduction  into  the  territory  of  the  Union.  It  also  tasks  the  Commission 
with specific duties in relation to the collection of appropriate information from 
trading  partners  and  with  the  performance  of  inspections  in  third  countries. 
Every year, the Commission reports to the Council and European Parliament on 
the  overall  operation  of  official  controls  in  the  Member  States  on  food  safety, 
animal health, animal welfare and plant health. 

Detailed provisions governing imports are also provided for in an extensive set 
of  sectoral  acts  in  areas  such  as  plant  health,  seeds,  zoonoses,  the  control  and 
eradication  of  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,  food  contact 
materials and many others.  

2.2. 

Different Products, Different Risks 

Different  commodities  pose  different  risks  and  are  thus  subject  to  specific 
import conditions and controls.  

2.2.1  Live animals and products of animal origin (such as meat, eggs and fish) 
and animal products not intended for human consumption (such as semen 
and embryos) are considered to represent a high risk because they can be 
vectors for the transmission of diseases to both livestock and humans. The 
threats  to  animal  health  are  particularly  worrying  due  to  the  detrimental 
effects of the spread of disease on European livestock production. 

Live animals and animal products can only enter the EU through approved 
border 
import 
inspection  posts  (BIPs)  under  strictly  harmonised 
conditions.  These  require  that  such  imports  are  sourced  from  approved 
third  countries,  from  approved  or  registered  establishments  and  that  the 
veterinary certificates accompanying the consignments must be signed by 
the  competent  authority  of  the  exporting  country  providing  detailed 
information as to the public and animal health status of the products and 
their  conformity  with  the  EU’s  import  requirements.  In  the  event  of  a 
serious animal disease outbreak in a third country, import restrictions may 
be established to prevent the introduction of the disease in the EU. 

Upon  arrival,  BIP  staff  must  carry  out  mandatory  controls  including 
documentary,  identity  and  physical  checks  to  verify  that  the  goods 
conform  to  their  description  and  meet  EU  import  conditions.  Physical 
checks  are  always  required  in  the  case  of  live  animals  however  such 
checks  may  be  reduced  for  animal  products  when  they  meet  harmonised 
import conditions and when veterinary agreements - proving that the third 
country can offer the same or equivalent levels of safety to those of the EU 

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Equivalence  implies  that  the  control  system  applied  by  the  third  country  in  question  has  been 
accepted by the EU as being equivalent to its own. 

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- are in place. Targeted analytical checks at a defined frequency may also 
form part of the physical check.  

Once a consignment has satisfactorily undergone these checks a Common 
Veterinary  Entry  Document  (CVED)  is  issued  allowing  the  goods  to  be 
released  for  free  circulation.  There  is  close  co-operation  between 
veterinary  and  customs  authorities  who  do  not  permit  the  release  of 
animals or animal products unless and until a CVED has been issued. 

2.2.2  Imports of live plants or plant products are also considered to be of high 
risk  due  to  the  introduction  of  new  pests  and  plant  diseases  in  the  EU 
territory  with  potentially  disastrous  effects  on  crops  and  the  natural 
environment. Before they can be introduced into the Union, all live plants 
and  certain  plant  products  must  be  accompanied  by  an  official 
phytosanitary certificate delivered by the competent authority of the third 
country in conformity with the model set out under the International Plant 
Protection Convention. 

Plant  health  checks  -  consisting  of  documentary,  identity  and  physical 
checks - are performed on all consignments of plants and regulated plant 
products  at  an  approved  Point  of  Entry.  A  derogation  to  carry  out  the 
physical checks at the place of destination can be granted by the national 
authorities under specific conditions, including the movement of the goods 
under  customs  supervision.  Customs  authorities  shall  not  allow  the 
importation  of  any  plants  and  regulated  plant  products,  unless  proof  has 
been supplied that the relevant phytosanitary checks have been carried out 
with satisfactory results. 

2.2.3  Certain  food  and  feed  of  non-animal  origin,  for  which  a  known  or 
emerging  risk  is  identified,  are  also  subject  to  mandatory  pre-import 
controls at Designated Points of Entry (DPE). These may include nuts and 
certain fruits or vegetables. Commodities for which controls are necessary 
are determined on the basis of the latest information available with respect 
to  the  risk  profile  of  the  product.  The  list  of  these  commodities  and  the 
applicable levels of controls are reviewed on a quarterly basis. As in the 
case  of  animals  and  animal  products,  such  commodities  must  undergo 
mandatory border checks and can only be released for free circulation in 
the  Union  on  condition  that  the  outcome  of  controls  carried  out  is 
favourable.  

2.2.4  Most  food  chain  products  are  considered  not  to  pose  an  intrinsic  risk  to 
public,  animal  or  plant  health.  Many  so-called  'shelf-stable'  products 
(canned,  processed,  dried  etc),  composite  products  and  many  fruit  and 
vegetables  fall  into  this  category.  In  these  cases,  controls  on  imports  are 
carried out by the Member States on the basis of their multi-annual control 
plans and in the light of the potential risk identified by the Member States.  

2.3. 

So how does it all work? 

Third countries, wishing to export products considered to pose a risk to the EU, 
must  meet  demanding  requirements,  before  they  can  be  considered  eligible. 
These may include a combination of some, or all, of the following: 

• 

a formal submission of a written application to export to the EU. 

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3. 

3.1. 

• 

• 

• 

• 

verification of the third country’s animal, plant and public health situation, 
including  relevant  legislation,  control  systems,  disease  surveillance 
measures, and laboratory facilities.  

the  provision  of  sanitary  or  phytosanitary  certificates  -  proving  that  the 
products to be exported meet with EU requirements. 

the  approval  of  business  establishments  wishing  to  export  to  the  EU 
certifying that they meet the relevant Union requirements, particularly in 
the case of live animals and animal products. 

the submission and approval of a monitoring plan for residues of banned 
or restricted substances in the EU.  

In  cases  of  some  high  risk  products,  inspection  missions  to  verify  compliance 
with  EU  legislation  are  mandatory.  Where  import  conditions  are  in  place  and 
these  are  satisfactorily  met  by  a  third  country  or  where  pre-export  listing 
obligations  or  checks  may  be  established,  a  formal  Commission  decision  must 
be taken, in consultation with Member States, before imports are allowed from 
that third country.  

Following  approval,  compliance  is  then  regularly  evaluated  during  inspections 
conducted  by  the  Commission  and  as  a  result  of  checks  carried  out  by  the 
Member States. 

MEASURES TO ENSURE THE EFFICIENCY OF IMPORT CONTROLS  

Inspections, Risk Assessment and Information Systems 

3.1.1  The  Commission  Inspection  Service  of  DG  Health  and  Consumers,  the 
Food  and  Veterinary  Office  (FVO),  carries  out  inspections,  in  both 
Member States and third countries, to ensure EU legislation is respected. It 
does  so,  on  the  basis  of  an  annual  plan,  pooling  its  own  long-standing 
experience with the views of Member States to establish its priorities. As 
well as inspecting the oversight of food operators and checking the animal 
and  plant  health  status  of  Member  States  and  third  countries  alike,  the 
FVO routinely carries out missions to verify on-the-spot compliance with 
the  import  conditions  laid  down  for  third  countries.  Once  these  are 
satisfactory and imports of a particular commodity from a particular third 
country  are  allowed,  the  FVO  carries  out  further  periodic  inspection 
missions  to  confirm  that  imports  can  continue  on  a  safe  basis.  The  FVO 
also conducts inspections on the BIPs and DPEs located in Member States 
to ensure compliance with EU law. Inspections on the ground serve many 
purposes,  allowing  for  close  co-ordination  with  Member  States  and  third 
countries and for compliance to be monitored. Possibly most importantly, 
it  also  allows  for  prompt  action  to  be  taken  to  tackle  any  unacceptable 
identified risk.  

3.1.2  The  European  Food  Safety  Authority  (EFSA),  established  under  the 
General Food Law, provides the European Commission with independent 
scientific  advice  on  all  matters  with  a  direct  or  indirect  impact  on  the 
safety of the food chain. It is a separate legal entity, independent from the 
other EU institutions, whose work covers all stages of food production and 

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supply,  from  farm  to  fork.  Where  appropriate,  EFSA  assesses  the  risk 
posed by a particular commodity as a function of its hazard. 

3.1.3  The  TRAde  Control  and  Expert  System  (TRACES)  provides  on-line 
information on import consignments of live animals and animal products. 
It facilitates the exchange of information between competent authorities of 
animal and public health inspections, allows veterinary authorities to react 
rapidly  to  possible  health  emergencies  and  speeds  up  administrative 
procedures  for  business  operators.  TRACES  is  used  by  both  Member 
States and an increasing number of third countries8. TRACES incorporates 
both  the  Harmonised  Commodity  Description  and  Coding  System  of  the 
World  Customs  Organisation  (six-digit  level  codes)  and  the  Combined 
Nomenclature  of  the  EU  (eight-digit  level  codes).  Thus  coding  systems 
describing goods can interact around the world on a six-digit level.  

3.1.4  The  EU  has  two  alert  systems  in  place  to  enable  the  rapid  and  effective 
exchange  of  information.  The  Rapid  Alert  System  for  Food  and  Feed 
(RASFF)9  allows  urgent  notifications  to  be  sent  round-the-clock  when 
food or feed presenting a serious risk is detected. RASFF informs the third 
country  in  question,  in  order  to  prevent  a  recurrence  of  the  problem.  A 
similar alert system, EUROPHYT,10 enables the exchange of information 
when plants and plant material are intercepted for failure to meet EU plant 
health requirements.  

3.2.  Multilateral and Bilateral Arrangements 

The EU plays an active role in the World Trade Organisation as well as in the 
international  standard-setting  bodies.  This  permits  the  EU  to  promote  its  own 
regulatory model and to thus shape the international standards that will, in turn, 
apply to the EU.  

The EU also maintains an ongoing dialogue with third countries on SPS issues 
and  engages  in  bilateral  trade  agreements  which  include  SPS  provisions 
covering  trade  in  agricultural  products.  Some  agreements,  with  the  aim  of 
facilitating  trade  in  live  animals  and  animal  products,  also  exist  with  a  limited 
number  of  third  countries.  In  certain  cases,  these  agreements  provide  for  the 
recognition  of  'equivalence'  which  can  lead  to  a  derogation  from  certain 
veterinary  checks.  Under  no  circumstances,  however,  does  the  EU  lower  its 
level of protection. 

The Official Food and Feed Controls Regulation also provides for ‘equivalence’ 
to  be  recognised  by  the  EU  unilaterally  in  any  area  of  the  food  chain.  In 
accordance with the WTO SPS Agreement, any WTO member has the right to 
request  its  trading  partners  to  discuss  the  recognition  of  'equivalence.'  A  third 
country may also apply to have a lower level of import controls performed upon 

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10 

At  present,  around  5,000  CVED  for  live  animals  and  40,000  for  products  of  animal  origin  are 
registered within TRACES every month. Fourteen third countries use TRACES for the issuance 
of certificates accompanying animals or products for import into the EU. 
The EU Member States, the Commission, EFSA, Norway, Liechtenstein and Iceland participate in 
RASFF. 
EUROPHYT provides direct web access for the Commission, Member States and Switzerland. 

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entry  to  the  EU  on  the  basis  of  increased  pre-export  checks.  These  may  be 
verified by the FVO.  

3.3. 

Training 

The  programme  Better  Training  for  Safer  Food  (BTSF)  is  a  Commission 
initiative  which  has  put  in  place  comprehensive  training  programmes  for 
competent authorities in Member States to keep them up-to-date with aspects of 
EU  law  and  to  ensure  that  controls  are  carried  out  uniformly,  objectively  and 
appropriately. Amongst other things, there is a specific training module for the 
staff  of  BIPs  to  facilitate  a  harmonised  approach  to  imports  by  BIPs.  Training 
organised for Member States is open to participants from third countries, and, in 
some  cases,  specific  training  sessions  are  organised  in  third  countries, 
particularly developing countries.  

3.4. 

Co-ordination and Communication 

The Commission holds regular discussions with the Member States in relevant 
expert groups and regulatory committees on any new or emerging problems of 
particular concern or where there are changes at the international level.  

Close relations with Member States are particularly important to respond rapidly 
to breaches of food and feed law and animal and plant health. Measures in the 
form  of  administrative  actions  may  be  taken  by  Member  States’  competent 
authorities  however  in  urgent  cases,  the  Commission  may  take  appropriate 
measures  acting  on  its  own  initiative,  pending  confirmation  by  the  Member 
States.  The  Commission  may  also  request  the  European  Anti-Fraud  Office 
(OLAF) to assist it in investigations arising from suspicions, illegal findings or 
irregular activity.  

3.5. 

Providing an Appropriate Response 

Historically,  agents  of  contagious  animal  diseases  of  major  importance  and 
organisms  harmful  to  plants  have  entered  the  EU  in  different  ways,  including 
through  illegal  imports,  movements  of  migratory  birds  or  insect  vectors. 
However,  none  of  the  major  health  crises  suffered  in  recent  years  have  been 
revealed to be the result of legally imported consignments or from shortcomings 
in veterinary or phytosanitary import checks. 

Given  that  animal  health,  plant  health  or  food  safety  crises  may  be  very 
expensive to deal with and have a major impact on society as a whole, the EU 
budget  allocates  approximately  EUR  300 million  for  disease  prevention  and 
eradication11  and  EUR  100 million for  feed  and  food  safety  related  measures, 
every year. The EU has also built a capacity to rapidly respond to crises and new 
threats. In the last decade, for example, in order to further reduce the risk caused 
by  the  possible  illegal  introduction  of  food,  the  rules  on  the  disposal  of 
international  catering  waste  and  personal  imports  of  food  by  passengers  have 
been reviewed and strengthened. 

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This includes measures taken by the EU to control certain animal diseases in candidate countries 
and potential candidate countries along the EU's borders in order to minimise the risk of disease 
spreading  into  the  EU.  The  vaccination  against  Classical  Swine  Fever  currently  ongoing  in  the 
Western Balkans is one such example. 

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Ensuring  that  imports  comply  with  EU  legislation  presents  difficult  challenges 
as, by definition, production takes place outside the direct control of the EU and 
its  Member  States.  Notwithstanding  this,  the  implementation  of  a  multi-level 
and multi-actor regulatory framework, which is regularly reviewed, is therefore 
key to ensure that only safe, imported products reach the European market.  

4. 

4.1. 

RECENT AND EMERGING ISSUES 

The Increasing Importance of SPS Measures 

Cutting  tariffs  and  reducing  quota  restrictions  remain  an  important  priority  in 
trade  policy,  however,  the  challenge  increasingly  lies  in  regulatory  aspects. 
Insofar as SPS requirements are concerned, countries have the right to establish 
their own levels of protection and to regulate accordingly. However this must be 
done in a manner consistent with provisions of the WTO SPS Agreement. The 
indiscriminate  use  of  disproportionate  or  unscientific  SPS  measures,  or 
measures that are not based on international standards, is a matter of concern to 
both the EU and its trading partners.  

4.2. 

Challenges 

Disease  has  always  been  one  of  the  most  important  factors  to  be  taken  into 
account when establishing the level of risk prevailing at any one time. Diseases 
such  as  Bovine  Spongiform  Encephalopathy  (BSE)  and  new  variants  of  avian 
flu  which  have  appeared  in  recent  years  have  increased  the  level  of  risk 
associated  with  trade  in  certain  animal  products.  Similarly,  changing  climatic 
conditions  have  led  to  significant  changes  in  disease  patterns  and  their  spread. 
The  emergence  of  bluetongue  as  a  major  cattle  and  sheep  disease  in  Northern 
Europe and the pinewood nematode affecting pine tree across the Mediterranean 
are just two examples. There is also the risk that diseases previously considered 
non-existent in Europe, such as rift valley fever, could emerge.  

Food  and  feed  contamination,  accidental  or  otherwise,  is  equally  difficult  to 
anticipate  as  poisoning  may  originate  from  new  manufacturing  processes,  new 
patterns  of  consumption  or  fraudulent  practices  that  pose  a  risk  to  human  and 
animal health.  

Technologies  are  also  appearing  and  evolving  such  as  biotechnology, 
nanotechnology  and  there  are  new  generations  of  food  and  feed  ingredients. 
Managing  consumers'  risk  perception  of  these  new  technologies  is  becoming 
increasingly  important  due  to  their  numerous  applications  in  the  food  sector. 
Clear  and  objective  messages  about  their  safety,  and  of  the  suitability  and 
effectiveness  of  the  SPS  requirements  that  apply,  constitute  an  important 
element in overall controls, both in terms of import and otherwise.  

Bio-terrorism,  with  the  potential  use  of  food  borne  viruses  and  pathogens  to 
cause major risks to public and animal health, and to economic disruption, has 
increased  the  need  for  vigilance  in  controls  on  imports  and  on  bio-security 
generally.  This  applies  equally  to  the  risks  from  illegal  and  fraudulent  trade 
including the intentional contamination of foodstuffs.  

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4.3. 

Smarter Approaches  

At  a  time  when  financial  and  other  resources  are  increasingly  scarce,  it  is 
imperative  that  control  resources  are  employed  in  areas  of  most  benefit  to 
European  citizens.  This  calls  for  a  legislative  framework  that  will  promote  a 
more harmonised approach to import controls across the EU and create a more 
transparent,  up-to-date  and  effective  system  of  import  controls.  There  are  also 
new  information  technologies,  such  as  electronic  certification,  which  can  be 
utilised more fully. By developing a risk-based approach to physical inspections 
at BIPs and optimising the co-ordination between enforcement bodies, Member 
States  will  be  able  to  target  their  resources  more  wisely.  In  so  doing,  the 
identification and deterrence of fraud and illegal imports also becomes easier. 

Co-ordination between animal and public health controls at EU borders, covered 
by  extensive  EU  legislation  is  not  always  easy  to  apply  consistently  and 
effectively.  At  a  time  where  Smart  Regulation  is  called  for,  fragmented 
legislation  can  lead  to  varying  levels  of  interpretation  and  enforcement.  This 
leads  to  difficulties  for  importers  when  presenting  products  for  import,  for  the 
relevant enforcement authorities when seeking to adopt a harmonised approach 
and  to  trade  in  general.  Third  countries  that  find  difficulty  with  accessing  EU 
markets as a result, raise their concerns accordingly, including in the WTO. 

5. 

MEASURES  TO 
IMPORTS 
CONTROLS  OF  FOOD,  FEED,  ANIMALS  AND  PLANTS  IN  THE 
FUTURE 

IMPROVE  AND 

STRENGHTEN 

Given  this  complex  and  ever-changing  environment,  the  EU  must  remain  ever 
able to design, develop and implement appropriate responses to threats to food 
safety.  

The  current  system,  built  on  a  risk  and  evidence-based  approach  to  import 
controls,  has  worked  well  to  date.  It  is  however  a  system  with  different 
approaches towards the controls of food, feed, animals and plants which can be 
very complex for those implementing the controls. While the General Food Law 
and  the  Official  Food  and  Feed  Controls  Regulation  have  brought  about  some 
overall coherence, this has however only been achieved by adding an additional 
layer of legislation.  

There  is  a  need,  therefore,  to  streamline  the  control  system  in  place  by 
improving  the  assessment  of  risk  and  the  consistency  and  efficiency  of  the 
mechanisms in place, without, however, questioning the basic assumptions upon 
which  they  are  built.  This  should  allow  for  more  coherence  and  integration 
between the different control mechanisms in place. 

5.1. 

Legislative Improvements  

The General Food Law and the Official Food and Feed Controls Regulation will 
continue to provide the general framework for the control of foodstuffs and of 
other  products  of  relevance  for  the  food  chain,  while  a  number  of  new  and 
innovative  steps  will  be  taken  to  consider  how  the  current  system  can  evolve 
towards  a  more  efficient  mechanism  for  the  handling  of  coordinated  import 
controls  at  EU  borders.  While  most  of these changes will  be found  in planned 

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amendments  to  the  Official  Food  and  Feed  Controls  Regulation,  new  animal 
health and plant health legislation is also under consideration. 

5.1.1  Changes to the Official Food and Feed Controls Regulation are planned as 
part  of  the  wider  initiative  to  recast  and  simplify  EU  legislation  -  in  the 
areas of food and feed safety, animal health, animal welfare and, in part, 
plant  health  –  initiated  in  2004.  The  aim  is  to  ensure  an  integrated 
approach to official controls in all areas.  

In  force  since  January  2006,  the  overarching  legislative  framework 
established  by  this  Regulation  has  proved  to  be  able  to  support  an 
integrated approach towards the performance of official controls along the 
food  chain.  The  review  of  its  provisions  will  consolidate  this  integrated 
approach  by  looking  at  the  rules  currently  applicable  to  the  financing  of 
official controls, the rules applicable to controls on residues of veterinary 
medicines12  and  to  the  provisions  applicable  to  veterinary  controls  on 
import  of  live  animals  and  products  of  animal  origin.13  The  review  will 
also look at changes to be introduced to reflect the changes to the animal 
and  plant  health  legislation  under  preparation  and,  more  generally,  will 
seek  to  simplify  the  existing  frawework  for  enforcement  cooperation 
within  which  the  Commission  and  the  Member  States  carry  out  their 
respective  control  activities.  It  will  also  seek  to  be  consistent  with  the 
provisions  of  the  new  EU  Modernised  Customs  Code  due  to  enter  into 
force in 2013. 

In  operational  terms,  this  will  require  the  improvement  of  current  tools, 
and  the  possible  development  of  new  ones,  to  allow  risk  management 
decisions on imported products to fully take into account the risk profile of 
a  given  product,  its  associated  hazard  (the  relevance  of  which  may  be 
evaluated with the assistance of EFSA) and origin. This will be supported 
by  data  mining  and  handling  functions,  and,  a  consistent  and  transparent 
process to determine import conditions and border controls.  

5.1.2  The new Animal Health Law will be based on the Animal Health Strategy 
for  2007-2013  which  provides  the  framework  for  animal  health  and 
welfare measures. This strategy, based on the principle that “prevention is 
better  than  cure”,  aims  to  put  greater  focus  on  precautionary  measures, 
disease  surveillance,  controls  and  research,  to  reduce  the  incidence  of 
animal  disease  and  to  minimise  the  impact  of  outbreaks.  Existing 
legislation  on  animal  health  covers  many  different  policy  areas  such  as 
animal  disease  control,  animal  nutrition  and  animal  welfare.  It  also 
contains  rules  on  intra-EU  trade  and  imports  of  animals  and  animal 
products.  This  series  of  interrelated  policy  actions  will  be  replaced  by  a 
single  regulatory  framework  which  will  converge  with  international 
standards.  Furthermore,  a  harmonised  EU  framework  for  responsibility- 
and cost-sharing will be developed. 

5.1.3  Similarly the EU’s plant health regime will be reviewed to take account of 
new  realities  to  protect  the  EU  against  the  introduction  and  spread  of 

12 
13 

Currently governed by the provisions of Directive 96/23/EC. 
Currently laid down in Council Directives 91/496/EEC and 97/78/EC respectively. 

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harmful  organisms,  to  contribute  to  sustainable  production,  to  ensure  the 
competitiveness of the agriculture sector, to contribute to the protection of 
forests  and  landscapes,  and,  to  contribute  to  food  security.  Various 
developments  have  taken  place  to  justify  a  comprehensive  evaluation  of 
the  regime,  originally  developed  in  the  1970s,  including  the  enlargement 
of the EU, globalisation, climate change and a significant evolution of the 
scientific expertise underpinning the original plant health regime.  

5.2. 

Non-legislative Improvements  

The  Commission’s  inspection  service,  the  Food  and  Veterinary  Office,  will 
continue to work at the forefront, informing decisions taken with respect to risk 
and ensuring consistent follow-up to country and establishment listings. 

TRACES  will  continue  to  be  upgraded  to  adapt  to  changing  realities  and  the 
advances made in technology to offer improved risk analysis. TRACES will be 
expanded  to  include  new  users,  including  third  countries  and  operators.  E-
certification  will  also  be  introduced  with  view  to  streamlining  the  system  and 
combating fraud.  

RASFF  and  EUROPHYT  will  strive  to  ensure  that  their  real-time  information 
continues  to  be  a  useful  tool  in  establishing  risk  and  signalling  the  need  for 
action when things go wrong. The concept underlying these data systems has the 
potential  to  become  the  start  of  a  broader  mechanism  designed  to  ensure  the 
traceability of border controls for all imports of food, feed, animals and plants.  

The EU will also continue to dialogue with third countries both at a bilateral and 
multilateral level in order to ensure that SPS related concerns are dealt with in 
an open and transparent manner. 

5.3. 

An Optimal Use of Resources 

At  times  of  resource  constraints,  efforts  should  be  deployed  to  ensure  the 
optimal allocation of the human and financial resources necessary for controls. 
Better coordination of proportionate and well-targeted control resources should 
allow  for  a  more  rigorous  approach  to  import  controls,  enabling  enforcement 
authorities  to  concentrate  their  efforts  where  the  risk  is  higher.  The  over-
imposition of checks on products low in risk, while other high risk products are 
allowed to enter the internal market unchecked, is a situation that the EU strives 
to avoid.  

Member States’ competent authorities and business operators must benefit from 
the  simplification  and  consolidation  of  provisions  related  to  official  controls. 
This will allow for a more efficient use of the resources of operators and control 
authorities  in  the  Member  States  and  will  increase  the  added  value  that  an 
efficent  EU-wide  control  system  can  bring.  The  benefits  will  also  be  felt  by 
consumers  with  more  efficient,  risk-based  and  integrated  official  controls 
ensuring safety along the entire food chain. Relations with trading partners, and 
consequently trade, will also benefit. 

6. 

CONCLUSIONS 

While imports  of food, feed, animals and plants aim to satisfy the  demands of 
European  businesses  and  consumers,  the  growth  taking  place  in  overall  global 

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trade, increases the risk associated with these imports. The EU has an important 
role to play in addressing this risk.  

It  does  this  by  assessing  the  risks  associated  with  the  import  of  a  particular 
commodity  and  establishing  the  import  conditions  and  controls  that  should 
apply so that the EU can ensure that imports of food, feed, animals and plants 
take place on safe grounds. The underlying principle is, at all times, that food on 
EU markets must be safe, irrespective of whether it is produced within the EU or 
imported from third countries.  

The comprehensive body of harmonised legislation in place in the EU for high 
risk products, underpinned by a harmonised and risk-based approach to import 
controls,  is  pivotal  in  this  respect.  It  prevents  important  safety  concerns  from 
materialising,  it  allows  the  EU  to  deal  with  emerging  risks  or  emergency 
situations and it prevents serious distortions to trade. 

The  report  shows  that  while  this  legislation  effectively  manages  potential  and 
actual risks, it is at times rather complex and lacking in overall coherence. This 
means  it  can  be  burdensome  and  lead  to  difficulties  with  implementation  for 
Member States and business operators alike. The report also concludes that the 
tools  available,  in  support  of  this  legislation,  can  be  implemented  more 
consistently across the broad range of food chain products so as to ensure that 
all 
to  conditions  and  controls  directly 
proportionate to the risk they pose.  

imported  products  are  subject 

Therefore,  while  the  Commission  remains  confident  that  no  major  overhaul  of 
existing legislation is needed, it will – through the review and consolidation of 
various  existing  acts  –  strive  to  bring  more  coherence  to  import  controls, 
particularly  for  the  benefit  of  those  who  implement  them.  A  more  holistic 
approach  will  serve  to  reinforce  the  efficiency  of  the  EU’s  import  control 
regime, ensure an optimal allocation of resources and make it easier to promote 
and defend the EU regulatory model.  

The European Commission is committed to ensuring the safety of all imported 
food, feed, animals and plants. It is also confident of its ability to continue, and 
enhance,  the  consistency  and  effectiveness  of  the  import  controls  in  place,  in 
close co-operation with the Member States. 

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