Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

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Food Law News - EU - 2018

Commission Consultation, 9 October 2018

OFFICIAL CONTROLS - Commission consultation: New lists of non-EU countries authorised to import animal products

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-2018-5116301_en. The consultation closes on 6 November 2018.

Commission Implementing Regulation establishing lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption

A copy of the draft Regulation is available on this site (click on image). A copy of the draft Annex is also available.

The following are the recitals from the draft of the proposed regulation:

Regulation (EU) 2017/625 lays down rules for official controls and other control activities performed by the competent authorities of the Member States in order to verify compliance with Union legislation in the area of, among others, food safety at all stages of the production, processing and distribution process. In particular, it provides that certain animals and goods are only to enter the Union from of a third country or region thereof which appears on a list drawn up by the Commission for that purpose.

Commission Delegated Regulation (EU) [SANTE/10279/2018] supplements Regulation (EU) 2017/625 as regards the conditions for the entry into the Union of consignments of certain animals and goods intended for human consumption from third countries and regions thereof in order to ensure that they comply with the relevant requirements established in the rules referred to in Article 1(2)(a) of Regulation (EU) 2017/625 (food safety) or with requirements recognised to be at least equivalent. Those conditions include the identification of the animals and goods intended for human consumption to which the requirement to come from a third country or region thereof listed in accordance with Article 126(2)(a) of Regulation (EU) 2017/625 applies.

Lists of third countries and regions thereof for the entry into the Union of consignments of certain animals and goods intended for human consumption are established to ensure compliance with food safety/human health requirements in accordance with Article 11(1) of Regulation (EC) No 854/2004 of the European Parliament and of the Council, which will be repealed by 14 December 2019, and with animal health requirements in accordance with Article 8(1) of Council Directive 2002/99/EC. When compliance with both human and animal health requirements was deemed necessary, common lists covering both aspects were laid down.

Common lists of third countries and regions thereof for the entry in the Union of consignments of certain animals and goods intended for human consumption, are currently established in:

Additional lists of third countries and regions thereof authorising the entry into the Union of certain products of animal origin for public health reasons only, are established in Commission Decision 2006/766/EC12, adopted under Article 11(1) of Regulation (EC) No 854/2004.

Since Regulation (EC) No 854/2004 is repealed by Regulation (EU) 2017/625 with effect from 14 December 2019 and in order to have one single legal act compiling all third countries and regions thereof, required to be listed to enter certain animals and goods on the Union market from human health perspective, it is appropriate to establish lists of those animals and goods in this Regulation.

Lists should be laid down in this Regulation and deleted from Implementing Regulation (EU) 2016/759 and Decision 2006/766/EC. Regulation (EU) 2016/759 should therefore be amended accordingly and Decision 2006/766/EC should be repealed.

Since discussion are ongoing on the requirements for listing of countries and regions thereof for entry of certain products of animal origin for animal health reasons, it is also appropriate to provide lists for these products iun animal origin by laying down cross-references to the existing lists for animal health reasons in order to avoid duplication of lists.

It is appropriate to maintain common lists for the purpose of Regulation (EU) 2017/625 related to human health with the existing lists, laid down for animal health reasons and to keep a coordinated approach by only listing of third countries if a residue control programme has been approved in accordance with Council Directive 96/23/EC13, when applicable.

Third countries and regions thereof were listed in the above acts based on the evidence and guarantees that were provided by the competent authorities of the third countries in accordance with Article 127(3) of Regulation (EU) 2017/625 and Article 4 of Delegated Regulation (EU) [SANTE/10279/2018] for goods and animals referred to in that Delegated Regulation. Re-assessment of compliance with these conditions is therefore not required.

Regulation (EC) No 853/2004 of the European Parliament and of the Council14 lays down requirements for food business operators importing any product of animal origin and composite products. In particular, it provides that food business operators importing any product of animal origin from third countries or regions thereof are to ensure that the third country of dispatch appears on a list of third countries from which imports of such products are permitted.

Transitional measures providing for derogations from the import conditions in Regulation (EC) No 853/2004 to certain products of animal origin are laid down in Commission Regulation (EU) 2017/18515, applying until 31 December 2020.

Additional lists of third countries and regions thereof must therefore be established at the latest before those transitional measures expire to avoid an interruption of the entry into the Union of consignments of those products of animal origin. Lists should be established in particular for rendered animal fats and greaves, reptile meat, insects and casings.

Food consisting of, isolated from or produced from insects or their parts are subject to novel food authorisation in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council16, while live insects are not. It is therefore appropriate to establish separate lists for these groups of products.

It is necessary to establish before the end of the transitional measures provided for in Regulation (EU) 2017/185, a list of products of animal origin other than those for which specific lists have been laid down in this Regulation to avoid jeopardising the entry into the Union of currently imported products of animal origin, which are essential for European food business operators.

These transitional measures for certain products of animal origin and composite products had been introduced because they represent a low risk for human health because of the very low quantities consumed or because the manufacturing of the products largely excludes human health risk. It is therefore disproportionate to request all evidence and guarantees from third countries in accordance with Article 127(3) of Regulation (EU) 2017/625 and Article 4 of Delegated Regulation (EU) [SANTE/10279/2018].

As Regulation (EU) 2017/625 applies with effect from 14 December 2019, this Regulation should also apply from that date. List of third countries and regions thereof allowed entry into the Union casings for animal health reasons will only be established by 21 April 2021 in accordance with Regulation (EU) 2016/429 of the European Parliament and of the Council17. It is appropriate that the listing of third countries and regions thereof allowed to entry casings into the Union for human health reasons applies only from the same date on. Transitional measures providing derogations concerning public health requirements for the entry into the Union of casings should therefore be delayed until 20 April 2021.

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed.


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