On 8 November 2024, a Communication from the Commission was published in the Official Journal of the European Union, which represents a revision of the previous 2022 version, concerning the implementation of EU Regulation 2017/625 on official controls in relation to the application of legislation on Food and on feed and the health and welfare standards of animals, on the health of plant and on phytosanitary products.
Here is a detailed overview:
I. Official controls and digital environment (paragraph 2.1.1.)
The Communication introduces a new dedicated paragraph to controls on electronic commerce, extending them to all "remote communication techniques", such as the Internet, catalogue and telephone. The controls focus on product communication aspects, sales operations, digital service providers' activities, online business models and cross-border sales. Competent authorities must update trader registration lists with information on the use of online platforms and social networks.
II. Methods and techniques of official controls: inspections and audits (paragraph 2.1.3.)
The Communication clarifies the distinction between “inspections” and “audits”. The inspections are in-depth examinations of an object or specific aspects, conducted mainly through direct observations. food, instead, examine not only compliance with specific requirements, but also the ability to achieve predefined objectives.
III. Conditions for the delegation of certain tasks relating to official controls (paragraph 2.2.1.)
The competent authorities must coordinate checks with national accreditation bodies to avoid duplication, taking into account the results of the accreditation audits.
IV. Accreditation of official laboratories (paragraph 2.3.3.2.)
The Communication defines the conditions for the designation of official laboratories that use methods that are not accredited in specific sectors. Laboratories must implement a quality assurance system and characterize non-accredited methods.
V. Official controls on animals and goods entering the Union (paragraph 2.4.1.)
Border controls must follow a standard order: documentary checks, identity checks and physical checks. The Entry Health Document (CHED) accompanies the consignment to its final destination. The Communication defines the procedures to follow in the event of illegal entry of consignments in the EU, with particular attention to incorrect CN codes.
VI. Illegal entry of consignments into the Union (paragraph 2.4.2.)
Consignments subject to official controls at border control posts must be presented correctly. Otherwise, the competent authorities are required to order the holding or recall of the match and to arrange for its official blocking. The Communication also analyses the case of incorrect NC codes in the Electronic Certified Stock Document (DSCE), highlighting the Operator's responsibility for indicating incorrect codes and the exclusive competence of the customs authorities in verifying the correctness of the NC code.
VII. Handling of non-compliant consignments (paragraph 2.4.3.)
The Communication specifies procedures for managing non-compliant batches, both before and after release for free circulation. The return of the consignment to a third country is possible in some cases, but requires compliance with specific conditions.
VIII. Commercial storage facilities in relation to border control posts (2.4.4.)
The distinction between border control posts, inspection centres and commercial storage facilities is clarified. The use of commercial storage facilities for the control of goods is possible, but requires compliance with specific criteria.
IX. Financing of controls (paragraph 2.5.)
Communication provides examples of correct determination of fees for official controls, combining calculation methods and fixed amounts.
X. Official certifications (paragraph 2.6.)
The highlight is the difference between official certificates (documents) and official certificates (labels, marks, etc.). The Communication provides examples of official certifications, such as the EU organic production mark.
XI. Reporting of violations (paragraph 4.1.1.)
The Communication stresses the importance of reporting violations, promoting Directive (EU) 2019/1937 (“whistleblower directive”). Article 140 of the Regulation implements the directive in the food sector, obliging Member States to establish effective reporting channels and protect those who report.
Content by the Lawyer. Giorgio Rusconi, of the Lawyer. Laura Carrara and of the lawyer. Omar Cesana.
