COVID-19: more flexible controls for the food industry
March 31, 2020/ OJEU/ European Union.
https://eur-lex.europa.eu
During the ongoing crisis related to COVID-19, Member States have put in place considerable movement restrictions for their populations, in order to protect human health. As a consequence of such movement restrictions, their the capacity to deploy suitable staff for official controls and other official activities is seriously impacted, specifically of difficulties to perform official controls and other official activities which require the physical presence of control staff.
In particular, difficulties arise regarding :
- the clinical examination of animals,
- certain checks on products of animal origin, plants and plant products and on food and feed of non-animal origin,
- and regarding the testing of samples in official laboratories designated by Member States,
- official controls and other official activities resulting in the signature and issuance of original paper official certificates and official attestations which should accompany consignments of animals and germinal products moved between Member States or entering the Union, can currently not be performed in accordance with EU legislation.
That is why the regulation allows to apply temporary measures:
- Official controls and other official activities may exceptionally be performed by one or more natural persons specifically authorised by the competent authority on the basis of their qualifications, training and practical experience, who are in contact with the competent authority by any available means of communication, and who are required to follow the instructions of the competent authority for the performance of such official controls and other official activities. Such persons shall act impartially, and they shall be free from any conflict of interest as regards the official controls and other official activities performed by them.
- Official controls and other official activities on official certificates and official attestations may exceptionally be performed by way of an official control performed on an electronic copy of the original of such certificates or attestations, or on an electronic format of the certificate or attestation produced and submitted in TRACES, provided the person responsible for presenting the official certificate or official attestation presents to the competent authority a statement affirming that the original of the official certificate or official attestation will be submitted as soon as technically feasible. When performing such official controls and other official activities, the competent authority shall take into account the risk of non-compliance of animals and goods concerned and operators’ past record as regards the outcome of official controls performed on them and their compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625.
- Official controls and other official activities may exceptionally be performed:
- in the case of analyses, testing or diagnoses to be performed by official laboratories, by any laboratory designated for this purpose by the competent authority on a temporary basis;
- in the case of physical meetings with operators and their staff in the context of official control methods and techniques referred to in Article 14 of Regulation (EU) 2017/625, via available means of distance communication.
The Regulation shall apply until 1 June 2020.
