Memorandum of Understanding between the Food Safety Authority of Ireland and the Customs and Excise Service of the Revenue Commissioners 1
Memorandum of Understanding between the Food Safety Authority of Ireland and the Customs and Excise Service of the Revenue Commissioners in relation to the importation from third countries of certain non-animal foodstuffs Preamble With a view to establishing formal links between Health Officials of the Food Safety Authority of Ireland and Customs Officials of the Office of the Revenue Commissioners in relation to providing greater protection against the importation from third countries of foodstuffs of non-animal origin which are unfit for, or which are suspected of being unfit for, human consumption, Considering the importance of assuring the proper application of controls to be applied on importation from third countries of certain non-animal foodstuffs, Having regard to Council Regulation (EEC) 339/93 (1) of 8 February, 1993, on checks for conformity with the rules on product safety in the case of products imported from third countries, The Food Safety Authority of Ireland and the Revenue Commissioners hereby agree to enter into a Memorandum of Understanding in relation to the importation from third countries of certain non-animal foodstuffs, as follows: Article 1 For the purposes of this Memorandum of Understanding, the following shall have the meanings assigned to them under this Article: - Authority means the Food Safety Authority of Ireland, and where appropriate, its official agencies; - Customs means the Customs and Excise Service of the Revenue Commissioners; - non-animal foodstuffs includes the following: a) any substance (not derived from animals) that is used, available to be used or intended to be used, for food or drink by human persons; b) any substance (not derived from animals) which enters into or is used in the production, composition or preparation of these substances; (1) OJ No. L40, 17.2.1993 2
- food legislation means: a) the legislation listed in the first Schedule of the Food Safety Authority of Ireland Act, 1998, as amended, b) the Food Safety Authority of Ireland Act, 1998, as amended, and c) other European Union or Irish legislation as advised by the Authority from time to time. Article 2 1. Insofar as concerns imports from third countries of non-animal foodstuffs, the FSAI and Customs agree to co-operate and work together, within their respective competencies, in the interest of the protection of consumers from the food safety point of view. 2. Where, in the course of checks which are being carried out at importation on goods selected for physical examination for customs purposes, Customs find, in relation to a non-animal food product being imported from a third country: (i) (ii) (iii) that the product in question displays certain characteristics which give reasonable grounds to suspect that it may create a serious and immediate risk to public health in the event of it being used under normal and foreseeable conditions, or that it is not accompanied by a document which has been specified by the Authority as being required under food legislation, or that it is mentioned on a list, furnished to Customs by the Authority, of non-animal food products which have been found not to be marked in accordance with food legislation, they will, in accordance with Article 2 of Council Regulation (EEC) No. 339/93, arrange to suspend release of the product concerned from customs control for up to a maximum of three working days and shall immediately notify the Authority. 3. Where the Authority informs Customs that it has information available to it which gives reasonable grounds to suspect that a particular consignment of non-animal food products being imported from a third country may create a serious and immediate risk to public health in the event of it being used under normal and foreseeable conditions, Customs, on receipt of such information, shall select the consignment in question for physical examination and shall proceed in accordance with the arrangements set out in paragraph 2 above. 3
Article 3 1. In the case of a product whose release from customs control has been suspended in accordance with Articles 2.2 or 2.3 above, the Authority will determine within three working days of the date of such suspension whether the product in question presents a serious and immediate risk to public health and/or is in breach of food legislation. 2. If the Authority decides within the aforementioned three working days period that the product in question does not present a serious and immediate risk to public health and/or cannot be regarded as being in breach of food legislation, it must immediately notify Customs who will arrange for the product to be released for free circulation provided all other requirements and formalities pertaining to such release have been met. 3. If within the aforementioned three working days period, Customs have not been notified by the Authority that the product in question has been found to present a serious and immediate risk to public health and/or that it is regarded as being in breach of food legislation, Customs will arrange for the product to be released for free circulation provided all other requirements and formalities pertaining to such release have been met. 4. If the Authority decides within the aforementioned three working days period that the product in question has been found to present a serious and immediate risk to public health, it will, in accordance with the food legislation, take measures to prohibit the product from being placed on the market and will immediately ask Customs to include the following endorsement on the commercial invoice accompanying the product and on any other relevant accompanying document: Dangerous product - release for free circulation not authorised - Regulation (EEC) No. 339/93 Measures taken may include the serving of a prohibition order under Section 54 of the Food Safety Authority of Ireland Act, 1998, or other measures as appropriate. 5. If the Authority decides within the aforementioned three working days period that the product in question does not comply with the food legislation, it will take appropriate action which may, if necessary, include prohibiting the product from being placed on the market in accordance with the said food legislation. In cases where the Authority decides to prohibit such a product from being placed on the market, it will immediately notify Customs accordingly and will ask them to include the following endorsement on the commercial invoice accompanying the product and on any other relevant accompanying document: Product not in conformity - release for free circulation not authorised Regulation (EEC) No. 339/93. 4
Measures taken will depend on the provision of the specific food legislation, and may include: a) Release of product after non-conforming product has been treated so that it complies with food legislation; b) Rejection, redirecting product for uses other than human consumption; c) Rejection, with re-exportation option or return to country of export option at exporter expense; d) Rejection with destruction order; e) Other measures as appropriate. Article 4 In the case of perishable products, the Authority and Customs will, as far as possible, seek to ensure that any requirements they may impose with regard to the storage of products referred in Article 2.2 above or to the parking of the vehicles transporting such goods, are not incompatible with the conditions required to be met for the preservation of those products. Article 5 It is acknowledged that Customs may not seize or detain any non-animal food products being imported from third countries unless the products in question are prohibited to be imported by Irish national law (viz. by an Act or a Statutory Instrument) or by EU Law. Article 6 Where a product referred to at Articles 2.2 and 2.3 above is subsequently declared for a customs procedure other than release for free circulation, (e.g. export, transit or customs warehousing), Customs will, if requested to do so by the Authority, arrange for the endorsements listed in Article 3, paragraphs 4 and 5 above to be included, under the same conditions, on the documents used in connection with that customs procedure. Article 7 The arrangements/procedures set out in this Memorandum of Understanding will not prevent the application of European Union rules containing more specific provisions relating to border controls to be applied at importation in respect of specified nonanimal food products. The Authority will inform Customs of any such specific provisions on receipt of notification of such provisions. 5
Article 8 To the extent that it is possible for them to do so, Customs, on request from the Authority, agree to afford such assistance and facilities as may be necessary to: (i) examine non-animal food products whose release from customs control has been suspended under Article 2.2 above. (ii) help trace consignments of non-animal food products which are or which are suspected of being a risk to the health of consumers and which have been imported from third countries and cleared out of customs control; (iii) facilitate the detention by the Authority of non-animal food products which have been examined by them under Article 3.4 above and which have been found to be a risk to the health of consumers or which are suspected of being a risk to the health of consumers; (iv) facilitate the detention by the Authority, after the examination carried out by them under Article 3.5 above, of non-animal food products which have been found not to conform to food legislation. Article 9 1. The Authority agrees to provide such information and assistance to Customs as may be necessary to enable them to fulfil their role under this Memorandum of Understanding. 2. In particular, the Authority will provide Customs, through the Rapid Alert system or otherwise, with full details of non-animal food products or product categories which have been or are from time to time found not to be marked in accordance with food legislation, together with details of the traders concerned and an indication of the reasons why each such product has failed to meet the requirements of such food legislation. 3. In addition, the Authority will furnish Customs with a list of the documents which are required under food legislation to accompany particular non-animal food products before they can be released onto the market place. Article 10 The Authority and Customs agree to provide each other with a contact list of appropriate officials. This list will be reviewed regularly and kept up to date. 6
Article 11 Customs agree to maintain statistics and records of actions undertaken in relation to the importation or attempted importation of restricted/prohibited goods which are the subject of this Memorandum of Understanding. This information will be provided to the Authority on a quarterly basis or as reasonably requested. Article 12 The Authority and Customs agree to meet at least annually, or more frequently by request of either party, to review the arrangements in place under this Memorandum of Understanding. Article 13 It is agreed by the Authority and Customs that this Memorandum of Understanding will remain in force for a period of three years from the date of signature and will be subject to review on an annual basis, or more frequently if required. DATED this day the 14 th April 2006 Signed by On behalf of the Authority On behalf of the Revenue Commissioners Mr Alan Reilly Deputy Chief Executive Officer Ms Josephine Feehily Revenue Commissioner 7