On the 16th January, BIFA issued guidance on the application of the CMR Convention and BIFA STCs to the disruption caused by the Foot and Mouth outbreak in Germany. That was correct at the time of writing but this guidance replaces it.
Reference was made to the application of Clause 24 of the BIFA STCs covering a “Force Majeure” situation which is an unforeseeable and uncontrollable event (such as war, labour stoppages, or extreme weather) that are not the fault of any party. They supplement the indemnities in Clause 20 and cover all loss or damage, not merely to the goods. Also it is clear that the BIFA Member does not accept liability without fault on their part, or the part of a party acting on their behalf.
“Force Majeure” clauses are contractual clauses which alter parties’ obligations and/or liabilities under a contract when an extraordinary event or circumstance beyond their control prevents one or all of them from fulfilling those obligations. In this case regulatory controls invoked whilst the affected products that were in transit are most likely to be covered by this clause, by definition the ability to rely on “Force Majeure” clauses have a relatively short time frame.
This Clause aims to protect BIFA Members where such an event has occurred and makes the carriage contract impossible to fulfil, such as trucks carrying the affected goods being diverted to Sevington, where goods were detained and offloaded by Port Health in line with the regulations.
As problems relating to transporting such products are known, there will be a point where “Force Majeure” decreased in value as a defence for such claims. In England, Scotland and Wales on behalf of the Government, DEFRA has suspended the import from Germany of beef, pork and lamb etc and POAO derived from such products, following a confirmed case of Foot and Mouth disease on 10th January 2025. Effectively this means that moving forward that any problems stemming from the transport of goods covered by the prohibitions has now become a “foreseeable event” and thus avoidable.
Clause 2(B) of the BIFA STCs clearly states that they are subject to any applicable, directive or international convention. Clause 17 is the “WARRANTY” clause and is used in the sense that the customer is assuring the BIFA Member that certain circumstances apply and that all regulations have been complied and that it is legal to transport the goods. Also, the customer confirms that all particulars regarding the shipment including accompanying documentation is accurate etc. In this situation any Environmental Health Certificate issued by the exporting country’s authorities, affirming that specific products meet the sanitary and phytosanitary standards of the importing country take on especial importance
If the customer breaches this warranty the BIFA Member is indemnified by the Indemnity Clause in Clause 20 (A).
Measures imposed by Ashford Port Health at Sevington
BIFA has been contacted by Members advising that some Port Health Authorities have imposed different rules to DEFRA, when moving these goods through the Short Straits. We have been advised that Ashford Port Health who operate Sevington, has imposed what looks like more stringent measures than DEFRA advised in their recent webinar.
Members have copied us in on the following communication which we understand is being sent by Ashford Port Health:
| Any related commodities regarding FMD will be held at the border at Sevington BCP, Ashford. We are instructing agents to avoid bringing these into Great Britain: • ruminant and porcine germplasm • untreated meat from ruminants and porcine animals • meat products from ruminants and porcine animals that have not been subjected to a specific treatment • untreated dairy and dairy products • untreated animal by-products from ruminants and porcine • hay and straw We are able to consider meat and dairy products that have had the following treatment (in contrast to the webinar, we are not currently accepting treatment D): Meat Products: Thorough cooking of meat, previously deboned and defatted, subjected to heating so that an internal temperature of 70 °C or greater is maintained for a minimum of 30 minutes- D1 Dairy Products: COMMISSION REGULATION (EU) No 605/2010, Article 4. |
| a sterilisation process, to achieve an F0 value equal to or greater than three; |
| (b) | an ultra-high temperature (UHT) treatment at not less than 135 °C in combination with a suitable holding time; |
| (c) | (i) a high temperature short time pasteurisation treatment (HTST) at 72 °C for 15 seconds applied twice to milk with a pH equal to or greater than 7.0 achieving, where applicable, a negative reaction to a alkaline phosphatase test, applied immediately after the heat treatment; or (ii) a treatment with an equivalent pasteurisation effect to point (i) achieving, where applicable, a negative reaction to an alkaline phosphatase test, applied immediately after the heat treatment; |
| (d) | a HTST treatment of milk with a pH below 7.0; or |
| (e) | a HTST treatment combined with another physical treatment by either: (i) lowering the pH below 6 for one hour, or (ii) additional heating equal to or greater than 72 °C, combined with desiccation. |
The practical implication of this divergence of instruction is that DEFRA state that splitting of loads can be done to isolate prohibited products from groupage vehicles – Ashford Port Health say that is not permitted because the whole truck is potentially contaminated and has to be ejected from the country.
DEFRA say that products meeting requirements of D and D1in legislation can obtain an EHC and therefore enter the UK – Ashford Port Health are advising that products treated to D requirements currently will not be accepted and they will only allow products treated as per D1 – if there is an EHC for D then it will be rejected.
Due to this conflicting guidance and divergence of processes, BIFA’s guidance is that Members should contact the Port Health Authority for the location that their goods will enter Great Britain to establish what policy that they have adopted, and thus which procedures will apply.
Foot and Mouth Disease in Germany – Imports update 16 January 2025
Please refer to the following official guidance issued by DEFRA which includes a useful presentation on the controls imposed in response to the current Foot and Mouth outbreak in Germany. The restrictions are wide ranging, so Members should carefully consider any impacts these will have on their operations.
This guidance is generic and based on the current information available, specialist legal advice should be sought on specific scenarios.
In this update:
– Recap of restrictions
– Link to recording of today’s webinar for businesses
– Information on importing German processed meat and meat products
– What to do if your consignment is held at a BCP
– Personal import restrictions
Restrictions on the movement of certain live animals and animal product imports from Germany into GB
As previously communicated. Great Britain (England, Scotland and Wales) has suspended the import of the following commodities to Great Britain from Germany, following a confirmed case of FMD on 10th January 2025:
- live (including non-domestic) ungulates (ruminants and porcine animals, including wild game) and their germplasm
- fresh meat from ungulates
- meat products from ungulates that have not been subject to specific treatment D1 or higher (including wild game)
- milk, colostrum and their products, unless subjected to treatment as defined in Article 4 of Regulation 2010/605
- animal by-products, unless treated to effectively mitigate the risk of FMD
Defra have issued information on the restrictions, and technical details are on the relevant lists on GOV UK.
Foot and Mouth Disease (FMD) webinar recording
On Thursday 16th January, Defra held a call for businesses on FMD in Germany and the impact on imports. Our subject matter experts from the Defra Borders team, Animal and Plant Health and Welfare and the UK Office for SPS Trade Assurance directly answered questions from businesses. You can watch the recording on APHA’s Youtube channel.
Technical information on importing German processed meat and dairy products
There were a number of questions during Thursday’s webinar about the technical specifications and links to legislation around processed meat and dairy products that are still permitted to enter Great Britain. The following information has been provided by the UK Office for SPS Trade Assurance.
Imports of meat products derived from FMD-susceptible animals subject to at least heat treatment D1 or above (heat treatment D, C and B) are still permitted. Treatment D1 requires that products are subject to ‘heating so that an internal temperature of 70 °C or greater is maintained for a minimum of 30 minutes’. This has been achieved through the application of treatment D1 in columns 3, 4, 5, 10 and 11 in the meat products third country listing.
Imports of milk and milk products under column C of Germany’s entry in the milk and milk products third country listing are still permitted. Column C lists those countries authorised for the importation of dairy products derived from raw milk of cows, ewes, goats or buffaloes, or, where specifically authorised, from camels of the species Camelus dromedarius at risk of foot-and-mouth disease provided that the dairy products have undergone, or been produced from raw milk which has undergone, an appropriate heat treatment, in accordance with Article 4 of EUR 2010/605.
You will need to provide evidence from your producer that the products meet these requirements. This evidence should be uploaded and attached to the CHED import notification on IPAFFS before you submit the CHED so that the Port Health Authorities/Local Authorities can review as part of the documentary check. Evidence can include an appropriately signed health certificate, relevant to the consignment being imported, where an Official Veterinarian (OV) has certified that the appropriate heat treatment has been applied.
What to do if your animal product import is held at the border
If your animal product import is being held at the border, there may be a number of reasons:
- Current restrictions due to foot and mouth disease in Germany
- The Port Health Authority requires an inspection
- Incorrect, missing or no documentation
- Errors in your CHED import notification or your customs declaration
Your first point of contact for animal product imports held at the border should always be the port health authority at the point of entry. You’ll find full contact details for all PHAs on GOV UK and on this map. You must provide:
- The CHED import notification references (format CHED?.2025.???????) for the consignments being held
- Vehicle registrations and trailer numbers for any trucks or trailers held
It’s also useful to provide the customs declaration MRN number and the Goods Movement Reference if there is one. The PHA will be able to tell you why the goods are being held and what action you need to take to resolve the hold.
Bringing food and other products for personal use from Germany into Great Britain
As a result of the recent confirmed case of Foot and Mouth Disease (FMD) in Germany, from 15 January 2025 individuals cannot bring any products of FMD susceptible species (for example: sheep, pigs, cows) from Germany into Great Britain for personal consumption.
This includes fresh meat, meat products, milk, dairy products, colostrum, colostrum products and certain composite products and animal by products of ungulates. These products pose a risk to animal health in Great Britain. Exemptions from these rules include infant milk, medical foods and certain low risk composite products (including chocolate, confectionery, bread, cakes, biscuits, pasta and food supplements containing less than 20% animal products).
Useful contacts
Imports of animal products: for urgent questions about imports of animal products, including germinal products, contact the Port Health Authority or Local Authority at the Border Control Post (BCP) for the goods’ point of entry. Find the BCP and the PHA/LA contact information on this map or list.
Imports of live animals: for urgent questions about imports of live animals, contact APHA.
Useful links
Topical Issues – Guidance for imports on gov.uk
Preliminary outbreak assessment
Guidance for imports of non-harmonised Animal by-products Guidance for imports of Research & diagnostic samples (ABP)
