Customs and other authorities carry out controls at the EU’s external borders to enforce many different requirements under EU sectoral policies. These requirements are known as ‘prohibitions and restrictions’ (P&R).
Scope of P&R
In accordance with Articles 134 and 267 of the Union Customs Code, P&R may be imposed on goods when they are justified on grounds of:
- public morality, public policy or public security
- the protection of health and life of humans, animals or plants
- the protection of the environment
- the protection of national treasures possessing artistic, historic or archaeological value
- the protection of industrial and commercial property, including controls on drug precursors, goods infringing certain intellectual property rights and cash
Fishery conservation and management measures and commercial policy measures are not P&R, although their implementation is an intrinsic dimension of customs supervision, as also established by Articles 134 and 267 UCC. Sanctions are also of a different nature and have a different legal basis in the EU treaties than P&R.
Examples of prohibitions and restrictions
Integrated EU P&R List
Prohibitions and restrictions are scattered all over EU legislation. To help identify the applicable P&R, the European Commission has published an indicative ‘Integrated EU P&R List’ which provides a practical tool for dealing with P&R. This list is non-exhaustive, non-binding and subject to a detailed legal notice (see cover of the document).
Information about EU policies in general and prohibitions and restrictions in particular. This document is a compilation of the existing prohibitions and restrictions at EU level. It should serve as a practical instrument for the European Institutions and the customs and other competent authorities of the Member States as well as other interested stakeholders.
Product Compliance Report
As part of its efforts to improve product compliance and customs controls, the Commission publishes a “Report on controls on products entering the EU market with regard to product compliance”. The report presents and analyses the statistical data provided by EU Member States regarding their product compliance controls at the EU external borders. The data covers a three-year period and looks at different indicators of customs interventions in cooperation with market surveillance authorities to ensure that products entering the EU market comply with EU product rules and requirements.
Expert Group on P&R
Harmonised implementation of border controls requires smooth and close cooperation between EU countries, as well as between Customs and other competent authorities. The Commission has set up an expert group bringing together experts from the EU countries’ Customs to work on P&R, including:
- The protection of health, the environment and nature
- Product compliance, including product safety and controls
The overarching objective of the expert group is to increase protection of EU citizens, businesses and the environment. Its operational objective is to:
- support the preparation, coherent application and effective implementation of Union policy by customs authorities
- support legislation imposing prohibitions or restrictions that protect the health and life of humans, animals, plants or om product compliance
Chaired by the Commission, the expert group gathers national customs experts in the field of prohibitions and restrictions. All Commission services in charge of legislation that trigger border measures are invited to update customs representatives on recent developments.
Customs representatives are also consulted by the Commission on issues related to the customs enforcement of prohibitions and restrictions as provided for in non-customs legislation.
The expert group contributes, among other priorities, to:
- raising awareness on the customs responsibilities related to the control of prohibitions and restrictions;
- the exchange of views, experience, knowledge and good practices on the practical implementation of the referred policy areas;
- developing common approaches for customs controls in these areas;
- the exchange of experience, knowledge and best practices on coordination between customs administrations and between customs administrations and competent national authorities responsible for the different policy areas at stake;
- the development of risk criteria for customs controls to be carried out in these areas;
- providing input for the elaboration of guidance documents to assist customs authorities in performing checks in non-fiscal areas;
- the ability to immediately address crisis situations together with EU countries’ customs experts where necessary;
- providing information at an early stage about upcoming legislative initiatives from different Commission services with an impact on customs.
For more information on the expert group, consult the Expert Group Register.
Some examples of prohibitions and restrictions at the EU’s external borders
Customs measures to protect intellectual property rights in the EU
EU customs measures for the protection of cultural heritage
EU customs controls of chemicals used in the production of illicit drugs
Rules when carrying cash into or out of the EU