CONTROL POINTS GUIDANCE

Sections: 

Introduction 

Control Points (CP) are inland inspection facilities where SPS checks of plants and plant products can take place, which operate under customs supervision. CPs have the same function as a Border Control Post (BCP), providing the first line of control in maintaining UK biosecurity. CPs are designated by Competent Authorities -- any local or national government department or agency that oversees the legislative and legal requirements to ensure they are fulfilled. This is the responsibility of Defra and APHA. 

Border Control Posts (BCPs) for EU goods are purpose-built facilities to enable effective plant health (and other SPS) checks to be performed by specially trained inspectors, helping to maintain UK biosecurity. They will facilitate the efficient and timely flow of SPS goods across the border and service most of GB’s SPS check requirements. 

A CP needs to provide the same biosecurity safeguards as a BCP and enable movements away from the border under customs control. Consequently, they must be customs authorised as a temporary storage facility and meet the same minimum requirements as a BCP in terms of facilities and resource to facilitate inspections.  

Prospective applicants are advised to familiarise themselves with the process and conditions for customs authorisation.  

This document covers the requirements a facility must meet to be designated as a CP. It includes key information on facilities, application and designation process, as well as other useful information. 

Minimum requirements 

There are certain minimum requirements in place that must be met for a premise to be designated as a CP. CPs perform the same function as a BCP, enabling checks before goods enter into free circulation, they must be customs authorised as a temporary storage facility and comply with the conditions for this type of customs authorisation. Consignments that are transported to a CP must enter via a port with a BCP designated to handle plants. 

CPs must ensure Plant Health and Seed Inspectors (PHSI) can perform the necessary official controls in a safe and bio-secure manner and that the goods remain under customs supervision until  plant health checks have been completed.  

To be designated as a CP, the facility must meet the same minimum requirements as a BCP. These minimum requirements include: 

There is not a set number or definition for each requirement, it is based on what is reasonable and required for each site depending on import volumes and commodity types. For example, “sufficient number of staff” will not have a number limit, the definition is based on what is necessary to meet operational and inspection requirements.  

The requirements ensure that facilities are appropriate for the volume of goods handled so that biosecurity is maintained during storage and inspection, including provision of areas where goods can be detained where there is a suspicion or confirmation of its non-compliance with GB import requirements, such as the presence of a quarantine pest/disease. 

The full requirements are set out in Article 64(3) of Regulation (EU) 2017/625 on official controls (OCR) legislation.  

Please view our BCP page for more information.  

To ensure appropriate biosecurity standards are met, CPs must also provide for: 

These requirements are set out in Commission Implementing Regulation (EU)2019/1014. 

For more information, please visit gov.uk.  

Also, please visit the BCP page on the Plant Health Portal for further information. 

Control Point Operating Hours and Service Level Agreement (SLA)  

APHA offer the following operating hours at Control Points:  

• For an average of less than 2 inspections per day: Operating hours 9am – 5pm Monday to Friday with the potential for out of hours working on occasion if pre-arranged with APHA.   

• For an average of more than 2 inspections per day: Operating hours up to a maximum of 7am – 7pm, 7 days a week tailored to the premise’s requirements.  This is on the assumption that APHA can resource these operating hours and hold the right to reduce to 9am – 5pm if needed.     

APHA will make an initial assessment on the CP’s operating hours based on information supplied on the CP application form and previous knowledge of inspection levels.    

APHA will continue to review the inspection levels of each Control Point as part of the auditing process and will hold the right to reduce or increase the operating hours as needed.  

CPs with significant seasonality will be calculated based on the number of loads during that period.  This means that you could get a higher level of service during the period when you are receiving higher levels of consignments.    

CP operating hours will be discussed with you as part of your designation process.  

For existing CPs, APHA will be in touch if they expect a significant change to your current operating hours. Otherwise, it will be reviewed at your next audit.    

All goods selected for inspection must be held on site pending an inspection during APHA operating hours especially where the goods arrive out of hours.   

For CPs that are open predominantly during the night, the CP must be open during at least 50% of APHA operating hours i.e. a minimum of 6 hours between 9am to 5pm or 7am -7pm, to facilitate the inspection of selected goods.   

CP Service Level Agreement  

APHA will aim to inspect consignments within six working hours of when APHA has access to the consignment.   

Please ensure that the prenotification arrival time is as accurate as possible to allow APHA to effectively inspect the goods at the CP.    

The SLA applies from when the consignment is presented for a physical inspection to APHA at the Control Point and not when a consignment lands in GB because APHA has no control over the latter.  

Please be aware, that if goods are presented for inspection later in the day, they may be held over until the following morning. For example, for 9am – 5pm APHA operating hours and the goods arrive at 3pm, APHA have 2 hours in the afternoon from when the consignment arrives and then a further 4 hours the following morning (until 1pm) to inspect the goods.    

CP Case Study: JZ Flowers  

What does becoming a CP look like in practice? JZ flowers, a GB based trader within the horticultural sector, reflect on their experience of the CP designation process. 

We made the decision to become designated as a CP for several reasons. We wanted to have more control over our checks, and a lot of the Rest of World products we import need to come via an inspection point, therefore we didn’t want products waiting at ports. The process of becoming designated as a CP was simple and straightforward. There were a lot of steps to follow and keep track of, alongside many spinning wheels in the background, but the local plant health team were responsive and offered support when required.

Altogether, it took us around six months to become designated. The requirements set by the plant health team were high, but this was understandable, and we were able to easily adapt our current facilities to comply with these. For example, we already had a temperature-controlled site, decent pest control in place, and an enclosed building. However, we did need to get secure storage containers and ensure compliance by having access-controlled areas and fully marked ways of entry/exit. This was probably the most strenuous part of the process, only because of the back and forth on the building plans as these needed to clearly highlight what the building needed to look like, but the team were helpful with providing the feedback needed to get this right. Adapting our facilities from a customs authorisation point of view was a fairly quick process.

It was helpful that there was overlap between both customs and plant health requirements, where implementing one action would complement the other. For example, adding fencing was a requirement from a plant health perspective due to the need for a more contained area, but this was a bonus for customs as it provided more security. There was effective communication with each government department involved. The local border force team were great and on site within days of receiving notification. We were assigned a local plant health representative who was quick when filling out forms.  Overall, becoming designated as a CP was an efficient process. Everything was aligned and there were no conflicting procedures.

Since becoming a CP, we have expedited our supply chain and we have direct contact with the local inspection team, so they know what is coming up. We now have a slicker, quicker inspection process and more control over this. 

CONTROL POINTS Q&A GUIDE 

Sections: 

Background 

How do CPs differ from BCPs? 

Facilities and inspections

If you have any questions regarding the import of your goods: 

Do my goods have to stay in the lorry at a CP until they have been physically inspected? 

The CP will be responsible for organising and paying for the disposal. The CP must provide evidence to the Competent Authority that the disposal has taken place. It is a requirement of CP designation that procedures for organising the correct disposal are in place. 

Application and designation process 

My EOI was accepted, does that mean I’m guaranteed to be designated a CP? 

Compliance can’t be confirmed until the final site visit has been conducted, so having an EOI accepted or plans favourably assessed does not guarantee designation. 

Am I able to appeal my decision if my application has been rejected or if I’ve had an unsuccessful audit? 

There isn’t an appeals process if an application is rejected, however Defra will advise why it was rejected and an operator can resubmit a revised application form if they wish to do so. This will restart the designation process and the new application will be considered by the Appropriate and Competent Authorities. 

If the final audit indicates that the facility is not compliant with legal requirements, the Appropriate Authority will not be able to designate the CP. In these cases, the Competent and Appropriate Authorities will advise what remedial work is required in order to make the facility compliant with legislation. Operators are responsible for meeting the costs of any remedial work. A new audit to assess compliance will be conducted following the completion of remedial work. 

The Competent Authority will withdraw or suspend the CP designation when: 

For further details, please contact: BCP.Enquires@apha.gov.uk for Wales and England. For Scotland, email: BCPScotland@gov.scot 

Customs authorisation  

How do you move your imported goods from the border to the facility under Customs? 

Goods may travel from the border to the facility under the Common Transit Procedure, the National Transit Procedure  or under Movements in Temporary Storage (MITS) .  

Goods moving under a transit procedure must be accompanied by a Transit Accompanying Document (TAD) for presentation at the CP. The TAD will be raised on departure in the exporting country, if moving under Common Transit, or raised at the Point of Entry if moving under national transit and will arrive with the goods at the CP. 

Movements in Temporary Storage (MITS) can only be made where goods have been declared into Temporary Storage on arrival in GB. ​The consignment can then be moved to an authorised inland Temporary Storage Facility but only if both facilities are using the same inventory system.

What do I need to do to be able to move my goods under the Common Transit Procedure to my Control Point? 

To receive goods direct to your Control Point under the Common Transit Procedure, there are a number of additional actions you need to complete. You will need to: 

• Get an EORI. 
• Apply to become an authorised consignee. 
• Get access to use NCTS online or with software.  

A Customs Agent can access NCTS and make transit declarations on behalf of the trader.   

Can goods from all origins be imported using the Common Transit Procedure? 

The Common Transit Procedure applies to countries that have signed-up to the Common Transit Convention, this includes the EU member states where a large proportion of plants and plant products imported into GB.  More information on what countries this applies to can be found here: Common Transit Convention countries - GOV.UK (www.gov.uk) 

What do I need to do to be able to move my goods under the National Transit Procedure to my Control Point? 

To receive goods direct to your Control Point under the National Transit Procedure, there are a number of additional actions you need to complete. You will need to: 

• Get an EORI. 
• Apply to become an authorised consignee. 
• Get access to use NCTS online or with software.  

A Customs Agent can access NCTS and make transit declarations on behalf of the trader.   

Can goods from all origins be moved using the National Transit Procedure? 

National Transit can be used to move goods of any origin that have been entered into temporary storage at their point of entry to GB

What custom authorisations do you require? 

For the majority of plant and plant product importers wanting to establish their premises as a Control Point the authorisation you will need is an Authorised Consignee Temporary Storage (ACTS). This status will allow you to store your plants and plant products for up to 6 days before the goods are custom cleared.   Goods will be required to be inspected and clear their Plant Health checks before custom clearance is granted within 6 days of their arrival.   

If your business requires you to store plants and plant products for longer than 6 days you will need an External Temporary Storage Facility (ETSF), please refer to https://www.gov.uk/guidance/temporary-storage.  The ETSF will require an electronic inventory-linked system and more rigorous record keeping. Guidance on how to set-up and link your temporary storage facilities inventory system can be found on gov.uk. 

What are the requirements for Authorised Consignee Temporary Storage? 

Most importers of plants and plant products will need to be an Authorised Consignee Temporary Storage facility, and therefore will not require an inventory-linked system; this requirement only applies to an External Temporary Storage Facility (ETSF).   

ACTS requirements: 

Facility Requirements:  

• have parking areas for vehicles under the control of HMRC or Border Force officers 
• have furnished office accommodation to make sure interviews carried out by officers can be conducted 
• have basic amenities (for example, lavatory facilities, electricity, gas, water, and drainage) 
• be clean, clear of waste, well lit, ventilated, at an adequate temperature and in a state of repair reflecting fair use 
• have professionally calibrated weighing machinery capable of measuring the tare, net and gross weights of goods and their packaging 

And must not be: 

• used for the purposes of retail sales 

Record Keeping Requirements: 

• the date and details of goods and their description (identifying numbers, the amount and kind of packages, the identification marks of the container necessary to identify the goods and if the goods are domestic or chargeable goods) 
• any customs documents about the goods stored 

• the location of the goods including their storage position inside the facility 
• any handling of the goods while they are in the facility, including details of any handling needed to preserve the goods 
• any movement of the goods into or out of the facility, including the times and dates of the arrival and departure, the name and address of the person receiving or taking the goods and the time and the date the recipient receives the goods 
• the Transit Accompanying Document (TAD) which will serve as the temporary storage declaration for any goods stored in the facility 
• the customs procedure into which any goods stored in the facility are released.  Further information can be found:Managing your temporary storage facility - GOV.UK (www.gov.uk) 

• the master reference number of the transit procedure 
• the unique consignment reference for the declaration to the customs procedure, and evidence that the declaration has been cleared (for example, confirmation of a CHIEF display entry versions details. 

The operator can involve their Customs Agent as much as the trader wishes, however responsibility for meeting the conditions of the custom authorisation will remain with the operator. The records must be available at the premises so that they can be viewed if a customs officer visits. 

More information on storage requirements and record keeping can be found:  

• ACTS: Operating an authorised consignee temporary storage facility - GOV.UK (www.gov.uk)  
• ETFS: Apply to operate a temporary storage facility - GOV.UK (www.gov.uk) 

I am already an External Temporary Storage Facility; can I apply to be an Authorised Consignee Temporary Storage (ACTS)? 

The operator should check with Border Force as they are responsible for ETSF authorisations. It is possible to choose to apply for ACTS, but operators would need to request that their ETSF approval is withdrawn. 

What happens if my plants and plant products are held longer than 6 days due to laboratory testing or sampling? How will this affect my authorised consignee temporary storage (ACTS) authorisation? 

If goods are held for longer than 6 days due to laboratory testing or sampling, but it is a very rare occurrence, then HMRC may consider that ACTS could still be an option as this would be outside of your control.  

If you are approved for ACTS and the goods are held beyond the 6 days, then HMRC should be notified. How this is notified will be included within the ACTS authorisation letter.  

Further information on diagnostic turnaround times to inform your business decision can be found on Plant Health Portal 

HMRC could review the ACTS authorisation if the exceeding of the 6 days becomes a regular occurrence. If your goods are regularly held for longer than 6 days, then it could be that ACTS does not suit your business. 

How do you apply for your custom authorisation? 

Traders applying to be Authorised Consignee with Temporary Storage (ACTS)should use form C1343. The application form is available here on gov.uk.  

There are no fees to apply for ACTS. The only costs are likely to be any changes the operator needs to make to abide by the requirements/conditions of the authorisation. 

If you store goods for longer than 6 days and require an External Temporary Storage Facility (ETSF), then traders should still use the C1343 to apply for authorised consignee but should also apply for an ETSF through Border Force. Further information on applying to operate a temporary storage facility is on GOV.UK  

Will I need to apply for a Customs Comprehensive Guarantee (CCG)? 

You may also need to apply for a Customs Comprehensive Guarantee before we can give approval for the temporary storage. It is unlikely that a Customs Comprehensive Guarantee (CCG) would be needed for an authorised consignee premise in Great Britain, but HMRC will advise at the time of application if this is required.  

It is likely that a CCG would be required for goods moving to authorised consignee premises in Northern Ireland. Further information around Customs Comprehensive Guarantee can be found: Apply for a customs comprehensive guarantee to cover customs debts - GOV.UK (www.gov.uk)  

How long will my application take to be approved? 

You should apply for your authorised consignee and authorised consignee temporary storage (ACTS)towards the end of Defra CP designation process. HMRC are likely to visit your facility as part of the approval process. Provided all information is provided to HMRC in a timely way this is usually completed within 60 days on the application. 

If you are applying for an External Temporary Storage Facility (ETSF), Border Force will need to process this application before HMRC can complete the consignee authorisation. 

Who do I contact if I have any questions about my application or need any help? 

You should email the authorisations team if you have any questions after submitting your application: nationalsimplifications.ccto@hmrc.gov.uk. Typically, the authorisations team will get in contact once the application has been submitted.  Traders may also use this email to contact the authorisations team ahead of the application if they need clarification on a certain area of the form. 

Who applies for the Authorised Consignee Temporary Storage Facility?  

The operator of the premises, who are involved in the movement of the goods that originate outside of the UK, should apply for the authorisation. More information can be found on gov.uk. 

Can you use an agent to make your declarations? 

A custom agent can make the customs declarations on behalf of the importer, including the Plant Heath pre-notification if required.    

The Customs Agent does not need to be physically present at the Control Point/ACTS. The operator can involve their Customs Agent as much as the trader wishes, however responsibility for meeting the conditions of the custom authorisation will remain with the operator. 

What is HMRC/Border Force’s involvement once operating as an ACTS? 

HMRC are responsible for ensuring that traders abide by the conditions of their Authorised consignee and ACTS authorisations. The authorisation is open ended provided the operator abides by the conditions of the ACTS. This includes the requirement for the trader to notify HMRC if the goods will remain in the facility beyond 6 days.  Customs officials will not visit every consignment, but a small number of consignments could be selected for documentary checks or a site visit. 

Border Force will also do their own checks on goods within an ETSF.  

Where can I find more information? 

Further guidance on applying for Authorised Consignee status and temporary storage can be found on GOV.UK. More information can be found here: 

• https://www.gov.uk/guidance/apply-to-be-an-authorised-consignor-or-consignee 
• https://www.gov.uk/guidance/apply-for-transit-simplifications-consignor-or-consignee-status 
• https://www.gov.uk/guidance/operating-an-authorised-consignee-temporary-storage-facility 
• https://www.gov.uk/guidance/temporary-storage 

USEFUL ONLINE GUIDANCE 

Please visit the post transition period guidance available on the Plant Health Portal. Please visit gov.uk for guidance on importing and exporting plants and plant products from 1 January 2021. 

Please visit gov.uk for guidance on registering as a CP.  

Check out this CP leaflet  which has a step-by-step guide on how to become CP designated.

LEGISLATION 

The Plant Health Regulation (EU) 2016/2031 

The Official Controls Regulation (EU) 2017/625 

The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020: