February 2021.V4

Department for Environment, Food and Rural Affairs

Health certificate for exports of fishery

products intended for human consumption

February 2021

Contents

1. Applicable Legislation

2. Scope of the Certificate

3. Certification by a Certifying Officer (CO) (i.e. Official Inspector)

Part I: Details of the Consignment

Part II: Certification

II.1 Public Health Attestation

II.2 Animal Health Attestation

4. Notifiable Disease Clearance

5. Residue check guarantee

6. Collection of evidence

7. Consignments or parts of the consignment originating from NI, EU member state or

from Third country (Triangular Trade) [When applicable]

8. UK Approved Establishments to export to the EU

9. Oval mark on ‘Products of Animal Origin – POAOs’

10. Addition of Schedules

11. Certified copies of the Export Health Certificates

12. Legal Statement

13. Disclaimer

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No: 8270

Health certificate for export to the EU of fishery products intended for human consumption

NOTES FOR GUIDANCE (NFG) FOR CERTIFYING OFFICERS AND EXPORTERS

IMPORTANT

These notes provide guidance for exporters and Certifying Officers (COs). For the

purpose of signing Export Health Certificates (EHCs) to the EU or NI, COs are

deemed ‘Official Inspectors’ as indicated on the EU certificates. ‘Certifying Officers’

are persons who have been specifically designated (authorised) for this purpose by

the Animal and Plant Health Agency on behalf of the national competent authorities.

For additional details please see note three ‘CERTIFICATION BY A CERTIFYING

OFFICER’, below.

This NFG should be read in conjunction with the health certificate and not be read

as a standalone document. This NFG should have been issued to the Certifying

Officer together with the relevant export certificate(s) for export to the EU of fishery

products intended for human consumption.

We strongly advise that exporters obtain full details of the importing country’s

requirements via their importer from the Border Control Post of entry to the EU

and/or from the veterinary authorities in the country concerned, or their

representatives in the UK, in advance of each consignment.

Please note, NFGs will be further amended as the need arises. Certifying Officers

and exporters should use the latest version available.

1. APPLICABLE LEGISLATION

EU legislation can be accessed via the following link. Please ensure you use the latest

and/or consolidated versions and take into account any recent amendments not yet

available in consolidated versions: https://eur-lex.europa.eu/homepage.html

Consolidated legislation

The EU Commission provides consolidated texts, which update the basic legal instruments

of Union legislation with subsequent amendments and corrections into a single, non-official

document, which are helpful but not legal definitive texts. Each consolidated text contains

a list of all legal documents taken into account for its construction. For legal purposes

please refer to the individual amendment texts published in the ‘Official Journal of the

European Union’.

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You can search for consolidated texts by using the European Commission website.

https://eur-lex.europa.eu/homepage.html Once you have selected the relevant legislation,

click ’document information’, then scroll down to ‘all consolidated versions’ and select the

most recent version.

Please note that the consolidated text may not contain the latest amendment to the

legislation, as it takes several weeks for this to be updated.

The Hygiene Regulations and the Official Control Regulations

Certifying Officers must be aware of the provisions of Regulations (EC) No 178/2002 of the European Parliament and of the Council, laying down the general principles and requirements of food law and procedures in the matters of food safety. Additionally, COs must ensure they are aware of Regulation (EC) Nos 852/2004, 853/2004 and 2017/625, which set out the requirements surrounding primary and secondary processing of products and the establishment in which the fishery products for human consumption were produced, the implementation of HACCP principles, and the requirements surrounding hygienic handling and processing. These Regulations also make reference to other regulations that may be directly relevant, and COs should check for additional requirements according to the commodity being exported.

Regulation (EU) 2017/625 of the European parliament and of the council.

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R0625&from=EN

and Commission Implementing Regulation (EU) 2019/628 https://eur-

lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R0628. Regulations 625/626/627

of 2019 contain additional provisions relating to fishery products and apply much of the

requirements applicable to Member states in regulation 853/2004 to goods and imports

from listed third countries.

The sourcing, processing, handling and packaging of goods for export must comply with

all requirements in order to certify the goods for entry into the European market area.

Specific attention is required for compliance with the sub-paragraph points listed in the

EHC under Part II.1.

The Official Control Regulations 2017/625 (OCR) have replaced and repealed

Regulations (EC) No 854/2004, 882/2004 and Directive No 96/23/EC. Similar

requirements are now contained in the OCR Regulations themselves and the

Regulations made under it.

The hygiene1 and Official Control Regulations referenced in the Certificate, have been incorporated into UK law. They are primarily implemented and enforced according to the Food Law Code of Practice as published by the FSA and FSS.

UK legislation will no longer automatically be updated by changes in EU legislation. Where a discrepancy may arise in the requirements of the EU’s Regulations and similar

1 Regulations (EC) 852/2004 and 853/2004

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regulations as implemented in the UK, the requirements of the EU text will apply for EU certification purposes.

In relation to animal disease biosecurity, Council Directive 2006/88/EC on animal health requirements for aquaculture animals and Regulation (EC) 1251/2008, implementing that Directive, may be relevant. Notes in the EHC indicate when these requirements apply.

2. SCOPE OF THE CERTIFICATE

This EU export health certificate (EHC) may be used for the certification of fishery

products (including whole fish) intended for human consumption to the EU or NI including

Iceland, Liechtenstein , and Norway through the Agreement on the European Economic

Area, and to Switzerland.

‘Fishery Products’ includes fresh fish, processed fish and crustaceans, such as lobster

and crab, including living animals if intended for direct human consumption2.

Specifically Excluded:

Live Bivalve Molluscs (LBM), by definition including live echinoderms, tunicates and marine

gastropods, and these have a separate dedicated certificate and NfG and cannot be

included in this certificate.

3. CERTIFICATION BY A CERTIFYING OFFICER (CO), i.e. AN OFFICIAL INSPECTOR In England, Scotland and Wales, this certificate must be signed by a Certifying Officer (CO), who can either be a designated Food Competent Certifying Officer (FCCO), (previously known and designated as a COnv) or an OV holding a current OCQ(V)PX authorisation. For the purposes of EU export certification, this permits signing as an ‘Official Inspector’.

The CO must check and enter relevant details, and if satisfied, sign and stamp the original certificate with their stamp in a permanent ink in a colour different to that of the printing of the certificate text. No fields or entries may be left blank at the point where the certificate is signed and stamped before it is issued to the exporter or their agent.

The CO must keep a copy (i.e. carbon, photocopy or scanned copy) of the signed certificate and keep it and any supporting documents for at least three years from the date of signature. Uploading an electronic version to EHC Online is acceptable for this purpose.

EHCs to include the foreign language/s of the BCP and EU Member States (MSs)

2 Regulation (EC) 853/2004 ANNEX I DEFINITIONS POAO

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The EHCs is required in the language/s of the EU MS where the Border Control Post (BCP3) of entry is situated and the EU MS of destination. The Certificate must be presented to the BCP with the goods on arrival.

If an exporter has correctly declared the point of entry and destination during the application process, the EHC will be issued in the relevant languages and bear a single unique reference number across all the pages. The additional languages are official and accurate translations of the English text or should be considered to be so. Every page in the EHC, including any pages added for a schedule, must bear the same unique reference number.

The (sub-) paragraphs / options and how they are numbered and formatted in the additional language sections are identical to the English. Therefore, when the same phrases/sentences/spaces in the alternative languages are struck through, each section remains an accurate reflection of the English. This applies ipse facto to any instructions in the Notes for Guidance to strike out certain paragraphs or to certify that the UK or part of the UK is free of certain notifiable diseases, etc. Consequently, the alternative language sections can and must be signed and stamped (as opposed to only being initialled), by the CO.

The EHC accompanying the consignment will then comprise the original English text and any required sections in the alternative language/s. These should be arranged in order with the English version on the top, followed by the alternative language/s, and finally the page(s) of the schedule (if any). Schedules do not have to be translated but must be referenced (in English) in each language part from the appropriate box or field of entry.

Ensure all paper sheets are fixed together, then collectively ‘fan stamped’ so that each sheet carries a part of a single or multiple stamp/watermark so that removing a page or replacing it would be detectable.

PART I: DETAILS OF THE CONSIGNMENT

All boxes in Part I of the certificate must be completed. When a box is not

applicable/optional, and not filled, please score it through, corner to corner.

Please use a schedule if there is not enough space to fill in all the information. The schedule

is to be attached to the certificate. See section below ‘Addition of Schedules’ for further

information.

Please complete all the boxes in Part I of the certificate in accordance with the guidance

notes in Annex II of Commission Implementing Regulation (EU) 2019/628 concerning

model official certificates for certain animals and goods and amending Regulation (EC) No

2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model

3 Previously called: Border Inspection Post (BIP) (list of EU MS BCP can be found here: https://ec.europa.eu/food/animals/vet-border-control/bip-contacts_en)

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certificates. Annex II notes can be accessed via this link: https://eur-lex.europa.eu/legal-

content/EN/TXT/?uri=CELEX:32019R0628

Products exported to the EU from a classified harvesting area

Fishery products containing bivalve molluscs (which for certification as POAO also include

tunicates, echinoderms and gastropods) require field Part I.8 ‘Region of origin’ on the this

certificate to be completed with the classified harvesting area entered by name and to

enter the associated ‘GBRXXX’ approval code under ‘Code’.

BCPs will check these details against the EU TRACES list of approved premises, which

already includes the classified harvesting areas in GB as listed in December 2020, and the

code series ‘GBRxxx’.

The FSA and FSS websites that list the GB classified harvesting areas are being updated

with the TRACES approval code:

Shellfish Classifications England and Wales 2020-21 (food.gov.uk)

2020/2021 (foodstandards.gov.scot) or Shellfish safety and sanitation | Food Standards Scotland

| Food Standards Scotland and scroll down to ‘Shellfish classification documents’.

(For codes not yet available at the websites listed, Certifying Officers may email the

FishEHC@defra.gov.uk mailbox with the classified area name to obtain the code but

please only email if absolutely essential and this service will not extend beyond the codes

becoming available on the FSA and FSS websites respectively.)

Shipping container numbers (and seals if applicable). COs may agree with exporters

that evidence of the container number (and, if applied, a seal number) are provided by

photographic evidence, video or CCTV, if this can be done securely, e.g. forwarded by a

specific predetermined phone number via an encrypted messaging app.

I.25: Please insert the HS Code and Combined Nomenclature (CN) title as

discussed with the exporter.

The Harmonised System (HS) Code is a commodity classification system used as a basis for customs tariffs and for international trade statistics. It is the exporter’s responsibility to ensure that the HS code and CN title is entered correctly and accurately reflects the product(s) being consigned, as defined by the World Customs Organisation and as referred to in Council Regulation (EEC) No 2658/87, please see link:

https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A31987R2658

Further information on HS Codes for customs tariffs can be found online at:

https://www.gov.uk/trade-tariff/sections and

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http://madb.europa.eu/madb/euTariffs.htm

I.25- Type of packaging: identify the type of packaging according to the definition given in Recommendation No 21 (10) of UN/CEFACT (United Nations Centre for Trade Facilitation and Electronic Business). Please see link:

https://www.unece.org/fileadmin/DAM/cefact/recommendations/rec21/rec21_Rev10e_A nnex-V-VI_2019.xls

PART II: Public and animal health attestations

II.1 Public Health Attestation

Products must be subject to the official controls laid down in Articles 59 to 65 of Commission lmplementing Regulation (EU) 2019/627 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption.

The CO signing the export health certificate is responsible for checking that the consignment complies with or is subject to the particular public health attestations as set out in Part II.1 of the export health certificate. It is the responsibility of the Certifying Officer (CO), using their professional judgment, to determine what evidence is required to be satisfied that the attestations contained within the Export Health Certificate (EHC) have been met.

Certifying Officers (COs) are reminded that they certify in a professional capacity on behalf of the national central competent authority and may take into account official advice provided by the Animal and Plant Health Agency (APHA) (acting on behalf of national central competent authorities in GB) in the completion of the EHC and certification of a consignment. This advice may be available as official direct communications, official websites and the latest version of the Notes for Guidance accompanying the draft EHC.

Processing undertaken at approved food establishments.

The starting point for certification of the consignment is the Food Business Operator’s implementation and compliance with the relevant Regulations as indicated by the legal application of the oval Identification Mark for the commodity. This indicates that the products have been produced at an approved food establishment in accordance with the requirements of the public health regulations of the UK, which match those in the certificate. Approved Food Establishments are subject to the Food Law Code of Practice risk based inspection regime, which is implemented by the relevant Competent Authority.

Where you as Certifying Officer are not part of the team that audits and enforces the food hygiene regulations, you should check with the appropriate Local Authority that there are no concerns or enforcement issues that may affect the status and certification of the commodity being exported. Therefore, Certifying Officers (COs) should obtain, as

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appropriate, confirmation from the relevant professional working for the Competent Authority (a food competent authorised officer) that there are no concerns or investigations relating to the approval and safe production of food at the establishment(s) of production in addition to the presence of the identification mark. A supporting health attestation provided by a Food Competent Certifying Officer from the competent authority responsible for the official controls, may serve for this purpose.

For primary production and handling prior to arrival at the approved premises, compliance with the referenced Regulations, e.g. hygiene inspections of vessels the landing of catch and transport:

This EHC requires the certifying officer (CO) to attest that fish “have been caught and handled on board vessels, landed, handled and where appropriate prepared…..in compliance with the requirements laid down in Section VIII, Chapters I to IV of Annex III to Regulation (EC) No 853/2004”.

Food Standards Agency (FSA) in England and Wales and Food Standards Scotland (FSS) have asked Local Authorities to register and inspect fishing vessels to verify compliance of the food business with the stated requirements. The aim of all of these regimes is for 100% of exporting fishing vessels to be registered and inspected. The registration of fishing vessels as a food business and the inspection of these vessels is the responsibility of the local authority where the fishing vessel is registered or for the port where the vessel most often lands, although a UK fishing vessel can be inspected at any UK port.

The evidence available to the CO as regards the registration and inspection status of fishing vessels differs across the UK. See the table below. The CO is entitled to request evidence from the business requiring the EHC, to provide reasonable supplementary evidence. COs should use their professional judgement to check with official sources that the evidence provided is verifiable and accurate. If the CO considers that there is insufficient evidence provided, they could refuse to sign the EHC, until the required evidence has been provided.

In situations where goods arrive with a corresponding support health attestation, this should already include an attestation as to the registration status of the vessel in accordance with the stated requirement above. The CO may rely solely on this attestation for certifying the consignment. (Where evidence should emerge that supporting attestations are not reliable, this should be passed on to the APHA for investigation).

Where goods arrive without a supporting attestation, the CO will have to verify compliance with the requirements of the EHC, themselves, specifically the point regarding the hygienic handling on board vessels, as follows.

The following table provides a summary of the evidence available to the CO in different parts of the UK, to inform their professional judgement:

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Country where products are being certified

Source of fishery products listed on EHC

Evidence available

England

and

Wales

England • Place reliance upon the official controls based regime for vessel registration and inspection as a proxy for all vessels registered and inspected by the competent authorities.

• Can contact the relevant LA to check vessel registration and inspection status.

• Can request evidence from the business requiring the EHC that supplying vessels have been registered.

Wales

Scotland

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Scotland England • Place reliance upon the official controls based regime for vessel registration and inspection as a proxy for all vessels registered and inspected by the competent authorities.

• Can contact the relevant LA to check vessel registration and inspection status.

• Can request evidence from the business requiring the EHC that supplying vessels have been registered and therefore are included in the official controls regime.

Wales

Scotland • Local Authority and FSS Certifying Officers will be able to access the Scottish National Database (SND) to check if a vessel has been registered and inspected and its current status.

• Place reliance upon the official controls based regime in Scotland for vessel registration and inspection as a proxy for all vessels registered and inspected by the competent authorities.

• Can request evidence from the business requiring the EHC that supplying vessels have been registered.

If a vessel registered in Northern Ireland (NI) or an EU Member State lands fish into GB for export to the EU, the CO may contact DAERA or the relevant NI or EU competent authority to ascertain evidence of vessel registration or inspection, if the relevant information cannot be provided by the food business operator (FBO). However, it is a legal obligation that all such fishing vessels must be registered and inspected according to the EU’s requirements. In equivalent circumstances this evidence is not required by the EU. You, as the CO, may rely on this statement in these Notes for Guidance to certify goods originating from NI and EU vessels for compliance with the relevant EU hygiene controls required on the certificate.

For goods that were processed prior to arrival at the approved food establishment of despatch, or that were processed elsewhere prior to export, for the avoidance of doubt, COs (including OVs) may rely on an official completed EHC (UK or foreign as appropriate) or an attestation document on a UK Local Authority’s letterhead, which provides the relevant assurances needed for completion of the official EHC that will accompany the goods for export. Any such supporting document must be appropriately stamped and signed by a CO, to facilitate completion of the final export certificate.

See below for further information relating to the identification mark.

COs should make additional appropriate checks and inspections to satisfy themselves that the standards required for the certification of the goods are being met, including the specification, quantity and packaging of the goods.

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II.2 Animal health attestation for fish and crustaceans of aquaculture origin Please note that for many consignments this part may not apply according to the notes in the certificate. Where this is the case, or the fish/crustaceans have been wild caught4, the whole of Part II.2 may be deleted in the usual way. Specifically: Part II.2 of this certificate does not apply to:

a) Non-viable crustaceans, which means crustaceans no longer able to survive as living animals if returned to the environment from which they were obtained,

b) Fish which are slaughtered and eviscerated before dispatch, c) Aquaculture animals and products thereof, which are placed on the market for human

consumption without further processing, provided that they are packed in retail-sale packages which comply with the provisions for such packages in Regulation (EC) No 853/2004,

d) 5Crustaceans destined for processing establishments authorised in accordance with Article 4(2) of Directive 2006/88/EC, or for dispatch centres, purification centres or similar businesses, which are equipped with an effluent treatment system inactivating the pathogens in question, or where the effluent is subject to other types of treatment reducing the risk of transmitting diseases to the natural waters to an acceptable level,

e) Crustaceans which are intended for further processing before human consumption without temporary storage at the place of processing and packed and labelled for that purpose in accordance with Regulation (EC) No 853/2004.

II.2.1. Requirements for susceptible species to Epizootic haematopoietic necrosis (EHN), Taura Syndrome, and Yellowhead disease

Information regarding susceptible species for the referenced diseases can be found in Annex IV to Directive 2006/88/EC.

Where the aquaculture attestation is to be completed, Official Inspectors must ensure that they are aware of the relevant provisions of Directive 2006/88/EC, laying down the requirements for countries/territories, zones or compartments to be declared free from the above diseases.

The above diseases are all notifiable in the UK, and at the time of writing (Sept

2019) have never been reported in the UK. Please refer to the paragraph below on ‘Notifiable Disease Clearance’ for guidance on how these statements may be certified when this is required.

II.2.1. (ii) can be certified based on the UK’s import requirements, which provide for this.

4 There is a slim possibility that some of these animal health requirements may apply to wild caught animals, e.g. where national measures require this for the destination Member State. 5 This exemption should not be interpreted to mean that Live Bivalve Molluscs (LBM) harvested from class B classified waters can be exported with this certificate, the specific hygiene requirement in Part II.1 prevents this.

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II.2.1. (iii) can be certified based on Regulation 41 of The Aquatic Animal Health (England and Wales) Regulations 2009 and equivalent legislation in Scotland and Northern Ireland prohibiting the use of vaccination.

II.2.2. Requirements for susceptible species to Viral haemorrhagic septicaemia (VHS), Infectious haematopoietic necrosis (IHN), Infectious salmon anaemia (ISA), Koi herpes virus (KHV) and White spot disease intended for a Member State, zone or compartment declared disease free or subject to surveillance or an eradication programme for the relevant disease.

Further information regarding susceptible species for the referenced diseases can be found in Annex IV to Directive 2006/88/EC.

If this attestation applies, Certifying Officers (COs), must ensure that they are aware of the relevant provisions of Directive 2006/88/EC, laying down the countries/territories, zones or compartments declared free from the above diseases.

These diseases are all notifiable in GB and NI and both are free of ISA, VHS and IHN, so these diseases can be attested to where necessary unless COs receive specific official communications to the contrary.

Whitespot disease is not controlled in GB or NI and so susceptible species could only be consigned to disease free areas of the EU if the requirements of Part II.2 do not apply to the product (s) being exported, as stated above (*).

Koi herpes virus (KHV) is present in the UK and subject to both passive and active surveillance/monitoring. Species susceptible to Koi herpes virus are the Common carp and Koi carp (Cyprinus carpio).

NI is free of KHV and appropriate attestations can be made for trade to EU MSs that are free of this disease. GB is not free of this disease and exports to disease free areas of the EU can only be made if the requirements of Part II.2 do not apply as stated above.

Decision 2009/177/EC (as amended) at https://ec.europa.eu/food/animals/live_animals/aquaculture_en lists the status6 of the various MSs/zones/compartments.

.

II.2.2.(ii) can be certified based on the UK’s import requirements, which preclude this.

II.2.2. (iii) can be certified based on Regulation 41 of The Aquatic Animal Health (England and Wales) Regulations 2009 and equivalent legislation in Scotland and Northern Ireland prohibiting the use of vaccination.

II.2.3. Transport and labelling requirements

6 This is not a comprehensive list as the Commission no longer publishes lists of disease-free compartments, or small disease-free zones.

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This only needs to be certified for aquaculture origin fish and crustaceans.

A Certifying Officer (CO) or Certification Support Officer (CSO) will need to be present at the time of loading to confirm that the requirements are being met.

To certify II.2.3.1, the CO should ensure that the transport conditions for the aquaculture animals do not alter their health status, including confirming that the products do not come into contact with water that has been in contact with fish/ fishery products of a lower health status.

4. NOTIFIABLE DISEASE CLEARANCE

For the diseases referred to in section II.2.1 and II.2.2:

Freedom from specified diseases can be certified by default. Should this change for any

reason, e.g. a disease status is being investigated, the CO or organisation holding the

draft certificate, will be officially informed of suspension of disease freedom status and accordingly, not to certify.

For Great Britain:

COs must check the website for Notifiable Disease Status listed below and for

aquaculture purposes treat GB and NI as separate epidemiological areas or zones.

The disease status of each farm and mollusc farming area in Great Britain is accessible

at:

https://www.gov.uk/government/groups/fish-health-inspectorate#disease-status-of-

fishshellfish-and-crustacea-in-england-and-wales

https://www.gov.scot/publications/registers-of-authorised-aquaculture-production-

businessesand-authorised-processing-establishments/

https://www.gov.scot/publications/health-status-of-fish-and-shellfish-diseases-in-scotland/

In addition:

• In the event of a disease outbreak: APHA Carlisle will formally notify COs to make it

clear which of the disease freedom statements may not be certified.

• In the absence of a specific disease notification from APHA Carlisle: COs may

certify that the UK or GB has disease free status or region free status for those diseases

mentioned in the certificate.

5. RESIDUE CHECK GUARANTEE

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The EHC residue testing requirements may be certified based on the national surveillance programme, which complies with the relevant EU legislation. The UK national residue surveillance programme is implemented according to the Animal and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997, which commits the UK to the legislative requirements of Directive Nos 96/23 (EC) (as replaced by OCR), 96/22 (EC), 2377/90/EEC, and 426/98 (EC) concerning residue testing of products of animal origin. The residues tested in the programme are listed in Annex I and II of Directive No 96/23 (EC), which includes veterinary medicinal products, unauthorised substances and environmental contaminants. The results of the statutory surveillance programme can be accessed via the link below:

https://www.gov.uk/government/collections/residues-statutory-and-non-

statutorysurveillance-results

6. COLLECTION OF EVIDENCE

Non-professional personnel may be trained and authorised to collect evidence in support of official certification by a Certifying Officer. In England, Scotland and Wales, Certification Support Officer (CSO) training has been provided by the APHA. CSOs can be deployed by COs to gather evidence relating to this certificate. The CSOs must hold the ‘Official Controls Qualification Animal Health Paraprofessional – CSO’ certificate and be designated as a CSO by the APHA.

CSOs may not carry out any functions that require the exercise of professional judgement, meaning that they are restricted to the execution of administrative and factual checks and retrieval of supporting information.

It is required that the CO is familiar with the product processes and any evidence

required for certification, before directing a CSO to provide evidence on an ongoing

basis. The CO must direct the CSO as to how and where to carry out inspections, factual

verification and evidence collection. The CO remains responsible for the certification of

the product.

CSOs are not authorised to sign an EHC in their own right or on behalf of a CO.

Any documentary evidence collected by the CSO should be stamped, signed and dated

by them, before being submitted as supporting evidence to the CO.

For GB, additional guidance and principles of implementation are provided in the OV Instructions Exports section of the APHA Vet Gateway.

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Groupage Export Facilitation Scheme (GEFS)

For groupage exports from Great Britain, where certain types of products are produced

from a stable supply chain and are fully packaged for the final consumer, exporters who

are GEFS members may use 30 day support attestations to provide information to OVs to

facilitate completion of this certificate.

For further information including the definition of groupage exports, the template 30 day

support attestation which must be used and requirements for exporters, suppliers and vets

to use the scheme see:

http://apha.defra.gov.uk/External_OV_Instructions/Export_Instructions/Certification_Proc

edures/Products_Exports.html

You can check that exporters are GEFS members by emailing the exporter’s name, GEFS

membership number and the address of the exporting premises to GEFS@defra.gov.uk

7. CONSIGNMENTS OR PARTS OF THE CONSIGNMENT ORIGINATING FROM NI, EU MEMBER STATES OR FROM THIRD COUNTRIES (TRIANGULAR TRADE)

NI origin:

Consignment could potentially contain animals or animal products which have originated in

Northern Ireland. For raw materials which have then been processed into a final product in

GB, or are presented in their original state and bearing a UK(NI) identification mark, the CO

can certify certain matters relating to EU compliance at a national level.

Where the EHC refers to matters of compliance indicated by EU approval status of the

premises of origin or manufacture in NI, compliance can be certified on the basis that from

1st January 2021, under the terms of the Withdrawal Agreement between the EU and UK

and the Ireland / Northern Ireland Protocol, approved and registered premises in Northern

Ireland will implement the full requirements of Regulation (EC) Nos. 852/2004, 853/2004,

2017/625 and all relevant supporting EU legislation as set out in Annex 2 to the Protocol.

This compliance is indicated by the presence of the EU oval health and identification marks

applied to the products in the required EU format, for products placed on the market in NI.

Some examples, but not a complete list, of how assurance can be established at national

level are listed below.

Compliance with the microbiological criteria set out in Regulation (EC) No. 2073/2055 can

be certified if the products originate in an EU approved premises in NI, and bearing the EU

oval ID mark.

Public health statements referring to compliance with EU requirements for testing for

residues as set out in Directive 96/23/EC, (repealed by OCR Regulation 2017/625) 96/22

(EC) and 470/2009 (EC) can be certified by the CO on the basis of a national residue

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surveillance programme implemented in NI under The Animals and Animal Products

(Examination for residues and maximum Residues Limits) Regulation (NI) 2016. This forms

part of the UK national surveillance programme.

With regards to controls for Transmissible Spongiform Encephalopathies, guidance

provided in this document relating to statements about the method of slaughter of animals

in GB also applies to animals slaughtered in NI and can be certified by the CO on that basis.

Disease clearance for animals or products originating in NI can be completed using auto-

clearance NDC found here:

https://www.daera-ni.gov.uk/articles/notifiable-diseases-northern-ireland

Where regional or local level disease clearance is required, this can be certified upon

request on the basis of information from NI in the form of a declaration or a supporting health

attestation.

Animal health statements which refer to the prohibition of certain vaccination programmes

e.g. against FMD or CSF or ASF can be certified at a national level by the CO on the basis

that NI also enforces a ban on such vaccinations in accord with EU regulations.

Statements relating to implementation of a national system for identification and registration

of bovine animals can be certified on the basis of the requirement to register all bovine

animal births, moves and deaths on the DAERA database.

Animal welfare statements can be certified by the CO on the basis that relevant inspections,

monitoring and controls are implemented in NI through The Welfare of Animals at the Time

of Killing Regulations (NI) 2014 as amended, in compliance with Regulation (EC) No.

1099/2009.

Animal By Products are handled in accordance with EU Control Regulation 1069/2009,

which is implemented by the EU Implementing Regulation 142/2011, and ABP statements

for materials originating in NI, can be certified on that basis.

When the certificate requires specific information to be included, such as the date of slaughter or the date of introduction into NI, the exporter must also request this information from the exporter in NI. The NI exporter may forward the request to the relevant NI CO to provide the necessary information requested by the UK exporter/ CO. This supporting information must be in writing and kept by the UK CO. The CO is not required to attach it as a supporting document to the EHC, unless requested by the EU Border Control Post or told otherwise.

EU origin:

It is possible that some consignments may contain animal products that are of EU origin and were exported to the UK on a Commercial Document or Intra-Trade Animal Health Certificate (ITAHC). The Commercial Document may not contain enough information to allow the Certifying Officer (CO) to sign an EHC.

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In such cases, the CO will need further information from the EU member state regarding particular attestations on the EHC that cannot be signed by the CO without further information. Thus, the UK exporter must request from the EU exporter a written declaration or a replica ‘Third Country to EU’ certificate completed to the extent possible that will provide the required information to the CO to certify the relevant attestations on the EHC. The exporter may wish to obtain these directly from the EU CO who has inspected the animal products before export from the EU.

When the certificate requires specific information to be included, such as the date of slaughter or the date of introduction into the EU member state, the exporter must also request this information from the EU member state exporter. The EU exporter may forward the request to the relevant EU CO to provide the necessary information requested by the UK exporter. This supporting information must be in writing and kept by the UK CO. The CO is not required to attach it as a supporting document to the EHC, unless requested by the EU Border Control Post or told otherwise. Exporters/COs must be aware that in some cases, the certificate does not provide an option to re-export EU origin products eg EU origin meat being re-exported as meat. Third country origin: It is also possible that some consignments may contain animal products that are of non-EU (Third Country) origin, which UK exporters intent to export to EU (known as Triangular Trade). In these cases Certifying Officers may obtain the necessary supporting information from a copy of the original EHC used for import of these products into the UK. The CO in the UK is not required to attach a copy of the Third Country EHC as a supporting document to the UK-EU EHC, unless requested by the EU Border Control Post or told otherwise. It is the UK exporter’s responsibility to ensure timely request of information from the EU member state exporter/Third Country exporter, to allow the EHC to be signed and stamped in good time before export to the EU.

8. UK ESTABLISHMENTS LISTED AS ELIGIBLE TO EXPORT TO THE EU

This paragraph is for information only and it is not the Certifying Officer’s responsibility to

check that an exporting FBO’s establishment is listed by the EU. The EU listing is not the

same as being approved as an UK food establishment, which is a prerequisite for EU listing

approved for exports. The exporting establishment and their suppliers must be listed as an

‘UK approved establishment’ eligible to export to the EU. A list of UK approved

establishments eligible to export products of animal origin (POAO) to the EU, can be found

on the European Commission’s list of approved establishments’ - see link below:

https://ec.europa.eu/food/safety/international_affairs/trade/non-eu-countries_en

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Please note that the list is updated regularly and ONLY establishments on the list are

approved to export to the EU, and this does not include establishments with pending

applications for approval.

If the final product contains POAO from other establishments, or products were previously

processed in different establishments in the production chain, then these establishments

should also be listed by the EU as approved establishments for export.

If the POAO ingredients originated or were processed in a country other than the UK, it

may be necessary to obtain an official certificate from the country of origin for the source

ingredients to enable the certificate to be signed.

9. OVAL MARK ON ‘PRODUCTS OF ANIMAL ORIGIN – POAOs’

EU hygiene regulations require that food of animal origin carries an oval health or identification mark and that official controls are carried out by enforcement authorities to ensure the appropriate marking has been applied. Domestic legislation is being introduced to ensure these requirements continue to apply in the UK when we leave the EU.

The identification marks indicate that food of animal origin has been produced in officially approved establishments, which are compliant with UK food hygiene Regulations (No 852/2004, (EC) No 853/2004 and (EU) No 2017/625). The primary food legislation in England, Wales and Scotland is The Food Safety Act 1990 (as amended). The Food Safety (Northern Ireland) Order, as amended, applies in Northern Ireland. https://www.food.gov.uk/business-guidance/the-uk-transition

https://www.foodstandards.gov.scot/downloads/FSS_HM_ID_mark_guidance.pdf

10. ADDITION OF SCHEDULES

When the space in Part I or Part II of the certificate is insufficient to accommodate full details of the consignment, a schedule may be used. In the relevant section of the certificate the certifying officer should annotate the certificate 'see attached schedule'. A schedule is created by adding sheets of durable paper referencing the section(s) by number in the certificate to which the information is relevant (typed or clearly written).

The schedule must include the unique certificate reference number on each page and must be signed, dated and stamped by the certifying officer in a colour other than black on each page and under the last entry. Any blank spaces in the schedule or the certificate should be struck through with diagonal lines and a ruler using a ‘Z’ pattern so that information cannot be added easily later by another party. The schedule must be firmly attached (stapled) to the EHC, the pages of the certificate including the schedule should be numbered (using the format ‘Y of X’ where Y is the page number and X the total number of pages). The complete document (EHC and schedule) should be “fan stamped” as a precaution against tampering.

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Any additional documents associated with a certificate e.g. schedules or supplementary

certificates, must be stapled and 'fan stamped' together to make a tamper proof

composite document.

The pages of the certificate and associated documents must be 'fanned' to overlap each

page by approximately 2cm at the foot and the overlying edges stamped several times

with the OV stamp in a colour other than black to authenticate each page.

Fan stamping illustration of a single fan stamp across all

pages on the right hand side and a double stamp to

incorporate multiple pages in EHCs with many pages on

the left hand side. Where double stamping is used, the

stamps must both print on at least one common page.

Further guidance is available here:

http://apha.defra.gov.uk/External_OV_Instructions/Export_Instructions/Certification_Proce dures/index.htm

11. CERTIFIED COPIES OF EXPORT HEALTH CERTIFICATES

When completing export certification Certifying Officers (CO) must make photocopies,

legible photographs, or scanned copies and save all documents they certify.

This includes all documents that:

• are certified with the COs signature and stamp

• form part of any export documentation

• will accompany the consignment, or

• any support documentation (e.g. documentation provided by the CO at the premises of

origin to enable the CO at the premises of despatch to certify the final export certificate).

Examples of export documents required to be saved are:

Every page of an Export Health Certificate (EHC) including the schedule(s)

Supplementary certificates

Supporting evidence such as FBO declarations or Certification Support Officer gathered

evidence.

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Where it is impossible to copy documents at the premises immediately after certification

then a photocopy of the certificate could be made before travelling to the place of

certification, and the certification details transposed onto the copy at the same time as

completing the certificate. When a paper copy is made, mark the copy as 'Certified Copy'

and initial. However, electronic copies that are uploaded to the EHCO system do not

have to be marked ‘certified copy’ and COs do not have to keep a separate copy. For the

avoidance of doubt, the uploaded copy must have been fully completed with signature

and stamp and is not the printed version prior to signature and stamp.

COs must retain copies of all export documentation for a period of two years.

For the purposes of completing routine Quality Assurance checks on export certification,

CITC may request the certified paper based copies of certification from COs where they

do not upload a copy onto EHCO.

Further information:

Please visit APHA Vet Gateway for further information in certification procedures:

http://apha.defra.gov.uk//External_OV_Instructions/Export_Instructions/Certification_Procedures/index.htm

12. LEGAL STATEMENT

The existing EU legislation that the UK already complies with has been incorporated into our domestic law as “retained EU law” under the European Union (Withdrawal) Act 2018. References in our guidance and certification to such EU instruments should be taken to be references to this “retained EU law”. Under the Withdrawal Act we will ensure that current EU standards remain in force, without amendment, in the immediate months after our EU exit as part of UK domestic law (apart from corrections to make the EU legislation fully operable). Should the UK legislative position change or diverge from the EU’s import requirements, UK Food Business Operators and exporters will have to implement and comply with EU requirements to continue exporting POAO to the EU and compliance cannot be certified with reliance on the UK’s implementation of EU legal requirements.

13. DISCLAIMER

This certificate and NFG are provided on the basis of information available at the time

and may not necessarily comply fully with the requirements of the importing country

and/or BCP. It is the exporter’s responsibility to check the certificate against any relevant

advice provided by the competent authority in the importing country. If these do not

match, the exporter should contact the Animal and Plant Health Agency (APHA) in

Carlisle, via the link below:

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https://www.gov.uk/government/organisations/animal-and-plant-health-agency

© Crown copyright 2020

You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence v.3. To view this licence visit www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ or email

This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at product.exports@apha.gov.uk

PB 8270 NFG