Georgios Kakarantzas, our National Technical Lead for Exports, provides commentary on recent EU guidance.

The European Commission has recently published an updated version of its guidance on the Official Controls Regulations (OCR). This revised Commission Notice includes a new chapter specifically addressing the official controls applicable to goods imported into the EU.

The guidance provides detailed explanations on the required documentation, types of inspections, and potential actions in cases of non-compliance with EU law, offering exporters a comprehensive resource to better understand and prepare for these controls.

 

What has changed?

The newly added Chapter V outlines the procedures and requirements for border controls in greater detail, covering the following key areas:

  • Consignments and accompanying documents: Guidance on who must sign certificates, the number of certificates required per consignment, and specific instructions for “mixed products”.
  • Transit or transshipment in non-EU countries: Clarifies the certification requirements when products transit through non-EU countries, including situations where new health certificates are needed (e.g., when animal products are unloaded, stored, or processed).
  • Controls at border control posts: Describes the necessary steps and actions required from operators, how authorities assess risks, and the implications for exporters.
  • Types of checks: Outlines the three types of checks—documentary, identity, and physical—conducted by EU control authorities.
  • Incorrect CN codes: Details the actions and requirements when operators use incorrect customs classification codes for consignments.
  • Non-compliance detected before release for free circulation: Explains the options available to operators if non-compliance is identified prior to goods entering the EU market.
  • Non-compliance detected after release for free circulation: Highlights the consequences and available options when non-compliance is identified after goods have been released into the EU.

 

Guidance on Mixed Products (Compound Products in GB)

For the first time, the EU Commission via this Notice provides unified official instructions for certifying compound products across all EU Member States. Previously, exporters and OVs relied on guidance from individual Border Control Posts (BCPs) or Member States, such as SIVEP, leading to inconsistencies.

Key instructions comprise the following:

A consignment of products of animal origin (Article 21(1)(b), Delegated Regulation (EU) 2022/2292) or composite products (Article 21(1)(f)) generally requires only one official certificate. However, in some cases (e.g., foodstuffs containing multiple types of animal products such as fishery and dairy products), multiple certificates may be necessary. In such case:

  • The consignment must be accompanied by the relevant certificates required for each type of product of animal origin.
  • Each certificate must specify the species, type of products, treatment, and establishments associated with the category of animal products it covers. The HS codes, number of packages, and weights should refer to the entire consignment.
  • Certificates should either share the same reference number or reference each other for consistency.
  • At the BCP, only one Common Health Entry Document will be issued per consignment, with the description referring to the final product.
  • For consignments containing different animal by-products (e.g., compound feed or fertilizers), separate certificates are required for each type of by-product.

 

In summary, Georgios comments:

“The updated guidance reflects practical feedback from EU Member State control authorities, addressing challenges and providing greater clarity on the provisions of the OCR. These improvements aim to promote consistent application of official controls across the EU.

Exporters and Official Veterinarians (OVs) often face variations in how Member States and BCPs implement official controls. By addressing these discrepancies, the revised Commission Notice is expected to reduce uncertainty, streamline procedures, and enhance predictability for OVs and exporters navigating the EU’s regulatory landscape.”

 

This article relates to Commission Notice on the Implementation of Regulation (EU) 2017/625 of the European Parliament and of the Council (Official Controls Regulation)

Key areas highlighted can be read in detail at: EUR-Lex – 52024XC06481 – EN – EUR-Lex

  • Consignments and accompanying documents (Sections 2.4.1, p.44; 2.6, p.66)
  • Transit or transshipment in non-EU countries (Section 2.4.1.2, p.45)
  • Controls at border control posts (Section 2.4.1.5, p.47)
  • Types of checks (Section 2.4.1.6, p.49)
  • Incorrect CN codes (Section 2.4.2.3, p.54)
  • Non-compliance detected before release for free circulation (Section 2.4.3.1, p.55)