EU proposes conditions for notification of additional goods prior to arrival
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Draft Regulation proposes that EU Member States can request advance notification of more products – EU consultation
Draft Commission Delegated Regulation supplementing Regulation (EU) 2017/625 as regards the cases where and the conditions under which competent authorities may request operators to notify the arrival of certain goods entering the Union
Update
This draft Regulation clarifies the conditions under which EU Member State authorities may request non-EU operators or importers to give advance notification of the arrival of certain goods at EU border control posts. This relates to animal and plant products that are not already subject to advance notification under the Official Controls Regulation (2017/625, Arts. 47 and 48), and may include food contact materials, feed additives, or plant protection products. The information required must be provided by the operator through TRACES.
Impacted Products
Food and feed of non-animal origin, food contact materials, feed additives, plant protection products
What is changing?
This draft Regulation clarifies the conditions under which EU Member State authorities may request non-EU operators to give advance notification of the arrival of certain goods at EU border control posts. Under the Official Controls Regulation (2017/625, Arts. 47 and 48), advance notification is currently required of the arrival of certain specified animal and plant products.
The EU now proposes new rules allowing Member State competent authorities to request advance notification of the arrival of other products not listed in Arts. 47 and 48 of the Official Controls Regulation, including food contact materials, feed additives, or plant protection products, under certain conditions. A request for advance notification can be made when a risk is identified to: (1) human health; (2) animal health; (3) plant health; (4) animal welfare; or (5) the environment (in the case of pesticides or genetically modified organisms, GMOs). The history of compliance with the official controls of these goods must be taken into account.
The Draft Regulation describes the information that operators must include in the notification, which must be done for each consignment using the EU’s Trade Control and Expert System (TRACES).
Why?
Receiving advance information about certain consignments enables competent authorities of EU Member States to organise checks efficiently.
Timeline
The possibility to request advance notifications will apply from 3 March 2025.
What are the major implications for exporting countries?
The proposed new rules have no implications for non-EU exporters of food that already requires notification. However, the new rules may affect exports of feed and food of non-animal origin (and not covered by Art. 47 of the Official Controls Regulation) – including additives, substances with an impact on the characteristics of food and feed, or materials intended to enter into contact with food. The list of goods for which Member States will require notification will be displayed in TRACES.
Recommended Actions
Feedback on this proposal via the EU's Have your say website closed on 15 May 2024.
Background
The Official Controls Regulation (2017/625) establishes rules for official controls of both goods produced within the EU, and products exported to the EU.
Article 45(4) allows the European Commission to adopt additional rules permitting competent authorities to request that operators provide notification of the arrival of certain goods entering the EU (in addition to the goods for which the notification is required under Art. 47).
Resources
Official Controls Regulation 2017/625
Sources
Draft Regulation as regards the cases where and the conditions under which competent authorities may request operators to notify the arrival of certain goods entering the Union