Taking the campervan on the ferry to France post ******
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Jo001
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I found it, I can't link it (maybe because I'm not a member?) but it is dated 29th July and is in the forum thread Taking Fresh Food into France
It says this -
But is it illegal? I'd be interested to know where you gained that impression.
This is a bit conjectural, but I think the EU has fairly recently (post ******) clarified the way border controls should be interpreted in the case of people and goods arriving by ferry or the tunnel. The regulations were intended primarily to control commercial imports of plants and plant materials, plus animals and animal products. However, trying to conduct the kinds of controls envisaged in those regulations at sea ports and the chunnel terminal in the case of passenger coaches, motorhomes, caravanners - and any others entering the EU with food for their onward journeys - could only result in crippling delays that would. eventually, feed back into delays for commercial operators.
So, to avoid making a mountain out of the proverbial molehill, they seem to have relaxed the requirement for biological and phyto security inspections where the quantities of foodstuffs involved are small and are intended for consumption by those transporting them and not for entry commercially into the European single market.
I have found this - make of it what you will, I'm not an international lawyer!
COMMISSION DELEGATED REGULATION (EU) 2019/2122
of 10 October 2019
supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market and amending Commission Regulation (EU) No 142/2011.
Note that it says "exempted from official controls at borders". It continues:
Whereas:
(1) Article 48 of Regulation (EU) 2017/625 empowers the Commission to adopt rules exempting certain categories of animals and goods from official controls at border control posts, when such an exemption is justified. Point (d)(ii) of Article 53(1) of Regulation (EU) 2017/625 empowers the Commission to adopt rules concerning specific official control tasks performed by customs authorities or other public authorities, insofar as those tasks are not already falling under the responsibility of those authorities, on passengers’ personal luggage.
(2) These rules are substantially linked and many are intended to be applied in tandem. In the interest of simplicity and transparency, as well as to facilitate their application and avoid a multiplication of rules, they should therefore be laid down in a single act rather than in a number of separate acts with many cross-references and the risk of duplication. These rules often serve common purposes and refer to complementary activities of operators and competent authorities. Therefore, it is appropriate to group together these rules in a single Delegated Regulation.
(3) Where rules establishing exemptions from official controls at border control posts are adopted, conditions, such as adequate control arrangements, should be established to ensure that no unacceptable risks to public, animal and plant health are incurred where such animals and goods enter the Union (1)OJ L 95, 7.4.2017, p. 1. ENOfficial Journal of the European Union 12.12.2019 L 321/45
(4) ( my underlining) Exemptions from official controls at border control posts for products which form part of travellers’ personal luggage, for products for consumption by the crew and passengers on board means of transport operating internationally, and for products sent as small consignments to private persons already exist under Council Directive 97/78/EC (2). For the sake of legal clarity and in order to ensure a consistent application of those exemptions given that Directive 97/78/EC is repealed with effect from 14 December 2019, it is appropriate to lay down provisions on such exemptions in this Regulation. Those exemptions concern certain categories of animals and goods which, although they enter the Union, are not to be placed on the market. (5) In order to ensure consistency of Union legislation, Member States should continue to carry out appropriate risk- based controls with a view to preventing the introduction into the Union of certain invasive alien species, as required by Regulation (EU) No 1143/2014 of the European Parliament and of the Council (3).
............................................
(8) Pursuant to Article 48(d) and (e) of Regulation (EU) 2017/625, products which form part of passenger’s personal luggage and are intended for their personal consumption or use and small consignments of goods sent to natural persons which are not intended to be placed on the market should be exempted from official controls at border control posts. Concerning small consignments of goods sent to natural persons which are not intended to be placed on the market, Member States should carry-out risk-based controls. The possible risk of introducing pathogenic agents or diseases into the Union through the introduction of products of animal origin should be considered in measures regulating the introduction of such consignments or products.
I also found this:
REGULATION (EU) 2017/625 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 March 2017
on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)
(Text with EEA relevance)
(OJ L 95, 7.4.2017, p. 1)
Amended by:
?M1
Commission Delegated Regulation (EU) 2019/478 of 14 January 2019 L 82 4 25.3.2019
?M2
Commission Delegated Regulation (EU) 2019/2127 of 10 October 2019 L 321 111 12.12.2019
?M3
Regulation (EU) 2021/1756 of the European Parliament and of the Council of 6 October 2021 L 357 27 8.10.2021
Corrected by:
?C1
Corrigendum, OJ L 137, 24.5.2017, p. 40 (2017/625) 02017R0625 — EN — 28.01.2022 — 003.001 — 1
Which goes on to say (my underlining as above):
"Article 48
Animals and goods exempted from official controls at border control posts
The Commission shall adopt delegated acts in accordance with Article 144 to supplement this Regulation concerning rules establishing the cases where, and the conditions under which, the following categories of animals and goods are exempted from Article 47, and when such exemption is justified:
(a) goods sent as trade samples or as display items for exhibitions, which are not intended to be placed on the market;
(b) animals and goods intended for scientific purposes;
(c) goods on board means of transport operating internationally which are not unloaded and are intended for consumption by the crew and passengers;
(d) goods which form part of passengers personal luggage and are intended for personal consumption or use;
Taken together, (and there are doubtless further references I haven't found
) I think the above extracts explain why searches for animal and plant derived materials on motorhomes etc. are not being conducted at border control posts. If taken in "luggage", and for "personal consumption" - so not in commercial quantities - they are exempt from controls.
Having said that, it seems it would be wise not to "push the envelope" and try to transport large quantities of such goods, as the reserved right to stop and search is clearly there if the authorities have reasonable grounds for suspicion
It says this -
But is it illegal? I'd be interested to know where you gained that impression.
This is a bit conjectural, but I think the EU has fairly recently (post ******) clarified the way border controls should be interpreted in the case of people and goods arriving by ferry or the tunnel. The regulations were intended primarily to control commercial imports of plants and plant materials, plus animals and animal products. However, trying to conduct the kinds of controls envisaged in those regulations at sea ports and the chunnel terminal in the case of passenger coaches, motorhomes, caravanners - and any others entering the EU with food for their onward journeys - could only result in crippling delays that would. eventually, feed back into delays for commercial operators.
So, to avoid making a mountain out of the proverbial molehill, they seem to have relaxed the requirement for biological and phyto security inspections where the quantities of foodstuffs involved are small and are intended for consumption by those transporting them and not for entry commercially into the European single market.
I have found this - make of it what you will, I'm not an international lawyer!
COMMISSION DELEGATED REGULATION (EU) 2019/2122
of 10 October 2019
supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market and amending Commission Regulation (EU) No 142/2011.
Note that it says "exempted from official controls at borders". It continues:
Whereas:
(1) Article 48 of Regulation (EU) 2017/625 empowers the Commission to adopt rules exempting certain categories of animals and goods from official controls at border control posts, when such an exemption is justified. Point (d)(ii) of Article 53(1) of Regulation (EU) 2017/625 empowers the Commission to adopt rules concerning specific official control tasks performed by customs authorities or other public authorities, insofar as those tasks are not already falling under the responsibility of those authorities, on passengers’ personal luggage.
(2) These rules are substantially linked and many are intended to be applied in tandem. In the interest of simplicity and transparency, as well as to facilitate their application and avoid a multiplication of rules, they should therefore be laid down in a single act rather than in a number of separate acts with many cross-references and the risk of duplication. These rules often serve common purposes and refer to complementary activities of operators and competent authorities. Therefore, it is appropriate to group together these rules in a single Delegated Regulation.
(3) Where rules establishing exemptions from official controls at border control posts are adopted, conditions, such as adequate control arrangements, should be established to ensure that no unacceptable risks to public, animal and plant health are incurred where such animals and goods enter the Union (1)OJ L 95, 7.4.2017, p. 1. ENOfficial Journal of the European Union 12.12.2019 L 321/45
(4) ( my underlining) Exemptions from official controls at border control posts for products which form part of travellers’ personal luggage, for products for consumption by the crew and passengers on board means of transport operating internationally, and for products sent as small consignments to private persons already exist under Council Directive 97/78/EC (2). For the sake of legal clarity and in order to ensure a consistent application of those exemptions given that Directive 97/78/EC is repealed with effect from 14 December 2019, it is appropriate to lay down provisions on such exemptions in this Regulation. Those exemptions concern certain categories of animals and goods which, although they enter the Union, are not to be placed on the market. (5) In order to ensure consistency of Union legislation, Member States should continue to carry out appropriate risk- based controls with a view to preventing the introduction into the Union of certain invasive alien species, as required by Regulation (EU) No 1143/2014 of the European Parliament and of the Council (3).
............................................
(8) Pursuant to Article 48(d) and (e) of Regulation (EU) 2017/625, products which form part of passenger’s personal luggage and are intended for their personal consumption or use and small consignments of goods sent to natural persons which are not intended to be placed on the market should be exempted from official controls at border control posts. Concerning small consignments of goods sent to natural persons which are not intended to be placed on the market, Member States should carry-out risk-based controls. The possible risk of introducing pathogenic agents or diseases into the Union through the introduction of products of animal origin should be considered in measures regulating the introduction of such consignments or products.
I also found this:
REGULATION (EU) 2017/625 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 March 2017
on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)
(Text with EEA relevance)
(OJ L 95, 7.4.2017, p. 1)
Amended by:
?M1
Commission Delegated Regulation (EU) 2019/478 of 14 January 2019 L 82 4 25.3.2019
?M2
Commission Delegated Regulation (EU) 2019/2127 of 10 October 2019 L 321 111 12.12.2019
?M3
Regulation (EU) 2021/1756 of the European Parliament and of the Council of 6 October 2021 L 357 27 8.10.2021
Corrected by:
?C1
Corrigendum, OJ L 137, 24.5.2017, p. 40 (2017/625) 02017R0625 — EN — 28.01.2022 — 003.001 — 1
Which goes on to say (my underlining as above):
"Article 48
Animals and goods exempted from official controls at border control posts
The Commission shall adopt delegated acts in accordance with Article 144 to supplement this Regulation concerning rules establishing the cases where, and the conditions under which, the following categories of animals and goods are exempted from Article 47, and when such exemption is justified:
(a) goods sent as trade samples or as display items for exhibitions, which are not intended to be placed on the market;
(b) animals and goods intended for scientific purposes;
(c) goods on board means of transport operating internationally which are not unloaded and are intended for consumption by the crew and passengers;
(d) goods which form part of passengers personal luggage and are intended for personal consumption or use;
Taken together, (and there are doubtless further references I haven't found
Having said that, it seems it would be wise not to "push the envelope" and try to transport large quantities of such goods, as the reserved right to stop and search is clearly there if the authorities have reasonable grounds for suspicion
GMJ
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Phew!!!
Thanks for that.
I found the thread
That is really useful - thanks to Colin and also to you too Jo
Pending some research it looks as though we may able to put this chestnut to bed at last.
Thanks for that.
I found the thread
Taking fresh food into France | Motorhome Matters | Motorhomes Forum
I'm sure this is an old topic but wondered if anyone has any updates. When we travelled to France last October we were very careful not to take any fresh meat
forums.outandaboutlive.co.uk
That is really useful - thanks to Colin and also to you too Jo
Pending some research it looks as though we may able to put this chestnut to bed at last.
