Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission Consultation, 9 October 2018
The Commission is consulting on a new proposed regulation. Full details are available on the Commission site at: https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-5116316_en. The consultation closes on 6 November 2018.
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Commission Delegated Regulation supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements to be respected by consignments of certain animals and goods intended for human consumption entering the Union A copy of the draft Regulation is available on this site (click on image). |
The following is the opening of the Explanatory Memorandum in the proposal:
1. Legal Context of this Delegated Regulation
Regulation (EU) 2017/625 of the European Parliament and of the Council lays down rules for the performance of official controls and other control activities by the competent authorities of the Member States. It also sets out the requirements to be fulfilled for the entry into the EU of consignments of animals and goods from ‘third countries’ (i.e. countries outside the EU), and it empowers the Commission to adopt delegated acts concerning those requirements.
This Delegated Regulation supplements the requirements for the entry into the EU of consignments of certain foods intended for human consumption, laid down in (Article 125 of) Regulation (EU) 2017/625. These requirements are based on the risks that certain foods may pose to public health. Their purpose is to ensure that consignments of food from third countries comply with requirements laid down in EU legislation, or with requirements recognised to be at least equivalent to this legislation.
The requirements laid down in this Delegated Regulation are largely based on the rules already laid down in current EU legislation, in particular in the requirements of three legal acts:
Transitional measures are laid down for the entry into the Union of certain food until 31 December 2020] in accordance with Commission Regulation (EU) 2017/185.
The requirements set out in this draft delegated regulation consist of a three-tiered system of guarantees consisting of the following requirements:
(a) requirements for the listing of third countries or regions thereof authorised for imports of food into the European Union. Third countries or regions in these third countries are included in those lists through an implementing regulation in accordance with Article 127 of Regulation (EU) 2017/625.
(b) the requirement that consignments of certain animals and goods from third countries must be dispatched from, and obtained or prepared in establishments which comply with relevant requirements referred to in Article 1(2)(a) of Regulation (EU) 2017/625, or with requirements recognised to be at least equivalent thereto and listed in accordance with this Regulation.
(c) the requirement that consignments be accompanied by appropriate official certification confirming their compliance with relevant requirements applicable in the EU.
Additional specific import requirements for bivalve molluscs, fishery products and composite products have also been included. The import requirements laid down in this delegated regulation take into account (as do the existing rules laid down in Regulation (EC) No 854/2004) the specific characteristics of certain products, for example, fishery products and molluscs. They also take into account the need for greater flexibility when certain products pose a lower level of risk to public and animal health.
