2454 final report.pdf - Agra CEAS Consulting

Evaluation of the Community Plant Health Regime: Final Report
DG SANCO Evaluation Framework Contract Lot 3 (Food Chain)
or at the Place of final Destination (under the required conditions, see Annex I, Volume II). Once
the checks are completed the consignment can obtain customs clearance.
The word 'importation' commonly refers to the bringing of goods into a customs territory.
However this term is not used to describe the customs procedure relating to the clearance of
goods brought into the customs territory of the Community. The procedure allowing third
country goods to circulate freely throughout the Community in the same way as goods made in
the Community is called release for free circulation. From a customs point of view the release for
free circulation changes the status of non-Community goods to Community goods and entails the
completion of all formalities laid down for importation. The measures applicable to imports of
goods subject to phytosanitary controls are referred to in customs terminology as ―prohibitions
and restrictions‖. The substantial rules for prohibitions and restrictions are laid down in specific
legislation other than customs legislation. The implementation of these rules is normally
attributed to an authority other than customs. However, customs contributes to the enforcement
with regard to goods coming from third countries. Co-operation between customs and competent
authorities is therefore important for a proper implementation of prohibitions and restrictions.
According to the general survey results, there is a need to improve cooperation between customs
and plant health authorities in all areas, with a view to maximising the effectiveness and
efficiency of the controls while facilitating trade:
General survey results
Q3.7 What should be done in future at EU/MS level to improve controls on the presence of HOs on imports
from third countries, and possibly to facilitate trade:
e. Improve the cooperation between plant health and customs authorities:
25 out of 26 MS CAs and 20 out of 24 stakeholders consider that cooperation between authorities needs to improve
(2 stakeholders do not know).
f. Improve the link between plant health and customs nomenclature:
all 26 MS CAs and 15 out of 24 stakeholders consider that the link with customs nomenclature needs to improve (7
stakeholders do not know).
g. Improve the link between plant health and customs IT systems:
all 26 MS CAs and 15 out of 24 stakeholders consider that the link between plant health and customs systems
needs to improve (7 stakeholders do not know).
Most of the interviewees during the field visits reported that the relevant EU services (DG
SANCO and DG TAXUD) try to harmonise the legislation. Since Directive 2000/29/EC was
adopted, not many cases of conflict have appeared and the cooperation between plant health
inspectors and customs has improved considerably during the last 5 years, even if significant
differences and implementation difficulties have been observed at MS level. Nonetheless,
respondents commented that continuing efforts to coordinate between the competent services
need to be encouraged at all levels (Commission, MS; e.g. it was suggested that any amendment
to Dir. 2000/29/EC should be transmitted simultaneously to DG TAXUD, in particular those in
Annex IV and V of the Directive 2000/29/EC and the emergency measures).
The initiative taken in the Netherlands, where there is a contract between the plant health and
customs services for the next three years to consult each other is being seen as a strong step
forward. Such collaboration exists in other trading sectors (e.g. product safety: toys).
Food Chain Evaluation Consortium 94