Legal Requirements, Enforcement Action and Key Responsibilities for Importers and Agents in Great Britain
All Products of Animal Origin (POAO) including low, medium and high-risk consignments listed in Regulation (EU) 2019/2007 must be pre-notified in advance to the relevant enforcement authority (Suffolk Coastal Port Health Authority (SCPHA)) in Great Britain.
The legal requirements are set out in:
- Article 1 of Regulation (EU) 2019/1013 which requires that:
The person responsible for the consignment must submit a pre-notification in IPAFFS (CHED-P) to the Border Control Post (BCP) of first arrival in Great Britain at least one working day before the consignment is due to arrive.
- Regulation 19 of the Trade in Animals and Related Products Regulations 2011 (TARP), which requires that:
Any consignment removed from a Border Control Post without a completed CHED or without authorisation from the Official Veterinary Surgeon or Official Fish Inspector must be seized.
The legislation also defines which authority is responsible for seizure:
At the Border Control Post (BCP):
- Port Health Authority
Outside the Border Control Post:
- Border Force – where the consignment has not been customs cleared
- Local Authority – where the consignment has been customs cleared
Increase in Incorrectly Notified and Unauthorised Removals
Suffolk Coastal Port Health Authority (SCPHA) has seen a significant increase in consignments that:
- Are not pre-notified correctly, or
- Are removed from the port without a Port Health endorsed CHED in IPAFFS confirming satisfactory completion of official border controls.
We are issuing this publication to inform traders of the serious risks and consequences of failing to meet these legal requirements.
When a Consignment Becomes an Illegal Import
A consignment will be considered an illegal import if it:
- Is not correctly pre-notified (including consignments that are not pre-notified at all or are pre-notified to the wrong Border Control Post), and/or
- Is removed from the Border Control Post without a completed CHED.
Such consignments will be referred to:
- Border Force (if not customs cleared), or
- The Local Authority at the place of destination (if customs cleared)
After this referral, SCPHA is no longer legally responsible for the consignment. Responsibility transfers to the relevant enforcement authority:
- Border Force or
- The Local Authority at the place of destination
What Happens to Seized Consignments
For seized consignments, in most cases there are only two legal outcomes:
- Re-export to the country of origin, or
- Destruction
Please note:
- Re-export may not be permitted if the consignment presents a risk to GB biosecurity.
- Border Force or the inland Local Authority will contact you directly to explain how your consignment will be handled.
Important
You cannot return the consignment to the port for inspection under any circumstances.
This is not a legal option and cannot be facilitated by SCPHA.
Key Requirements for Importers and Agents
To avoid your consignment being treated as an illegal import, you must ensure the following:
Correct Pre-Notification
You must pre-notify every low, medium and high-risk POAO consignment to the competent authority at the BCP of first arrival in Great Britain.
Failure to pre-notify, or pre-notifying the wrong Port Health Authority within the required timeframe, may result in the consignment being treated as an illegal import. Such consignments may be seized and will normally be required by Border Force or the relevant inland authority to be re-exported or destroyed.
Accurate Arrival Time on CHED
You must enter the correct expected time of arrival on the CHED.
Providing an incorrect arrival time may result in:
- Official checks not being completed in time
- The consignment being removed from the port without a completed CHED
- The consignment being treated as an illegal import
Do Not Leave the Port Without a Port Health completed CHED
You must not remove the consignment from the port until you know there is a completed CHED from SCPHA in IPAFFS.
Removing goods without this document will result in the consignment being treated as an illegal import and subject to enforcement action.
Traders must ensure that they:
- Pre-notify all relevant consignments correctly and on time
- Provide accurate arrival information on the CHED
- Do not remove consignments until the CHED has been completed by Port Health in IPAFFS
Failure to follow the legislation may result in:
- Seizure of the consignment (Destruction or re-export of goods)
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