Import of Products of Non-Animal Origin
Regulation (EC) No. 882/2004 establishes a harmonised framework of general rules for the organisation of official controls to ensure compliance with feed and food law, animal health, animal welfare and plant health. The Regulation includes specific requirements for the import into the European Union of food and feed of non-animal origin from third countries.
Regulation (EC) No. 882/2004 provides that a list must be drawn up of food and feed of non-animal origin which requires increased levels of official control due to known or emerging risk. The list may specify the third country of origin of the food or feed or it may apply to all imports from third countries.
Each Member State must designate points of entry for each product listed. Products listed can only be imported into the European Union through the Designated Points of Entry. See Designated Points of Entry for Ireland. Each consignment of products listed must be accompanied by a Common Entry Document.
The competent authorities for this legislation are the Health Service Executive and the Department of Agriculture, Food and the Marine:
Health Service Executive: Food
porthealth@hse.ie
Telephone: 003553(0)1 8098300
Department of Agriculture, Food and the Marine: Feed
feedimports@agriculture.gov.ie
Telephone: 00 353(0) 1 5058892
Fax: 00353(0) 1 6275935
or
John.canny@agriculture.gov.ie
Telephone: 00 353(0)1 5058772
Fax: 00 353(0)1 6275955
Department of Agriculture, Food and the Marine: Pesticides
pcs_icon@agriculture.gov.ie
Fax: 00353(0)1-6157575
The Regulation also provides that the frequency and the nature of these controls must be set out in implementing rules.
These rules were published in July 2009 as Commission Regulation (EC) No. 669/2009. They came into force on 25 January 2010 and are directly applicable in all Member States. Annex I of Regulation 669/2009 must be reviewed quarterly.
Regulation 669/2009 has been amended by
The next amendment will be voted on at the SCOFCAH meeting on the 5th-6th July and will be published shortly after subject to agreement.
National legislation
For food imports supervised by the Health Service Executive:
- Regulation (EC) No 882/2004 as amended is transposed into national legislation by the European Communities (Official Control of Foodstuffs) Regulations 2010 (S.I. No 117 of 2010)
- Regulation (EC) No 882/2004 as amended insofar as it relates to import control for products of non-animal origin is transposed by European Communities (Official Controls on the Import of Food of Non-Animal Origin) Regulations 2010 (S.I. No. 391 of 2010) which is amended by:
- European Communities (Official Controls on the Import of Food of Non-Animal Origin)(Amendment) (S.I. No 501 of 2011)
- This is to give effect to Commission Regulation (EU) No 799/2011 which contains the current Annex I
- These Regulations came into operation on 1st October concurrent with the date of application of Regulation (EU) No 799/2011
- The definition of Regulation EC No 669/2009 is substituted by a new definition to include Regulation (EU) No 799/2011 and replacing the footnote reference accordingly
- S.I. No. 325 is revoked Note: On the basis that the amendments of Regulation (EC) No 669/2009 are to Annex I only, the Department of Health will introduce as required, a new S.I. to give effect to the current amendment to Regulation (EC) No 669/2009 and revoking the previous S.I.
For feed imports supervised by the Department of Agriculture, Food and the Marine:
- European Communities (Food and Feed Hygiene) Regulations 2009 (S.I. No. 432 of 2009) which is amended by
- European Communities (Food and Feed Hygiene) (Amendment) Regulations 2010 (S.I. No. 312 of 2010)
For food imports supervised by the Pesticide Control Service, Department of Agriculture, Food and the Marine:
- European Communities (Official Controls on the Import of Food of Non-Animal Origin for Pesticides Residues) Regulations 2011 (S.I. No 426 of 2011)
Aflatoxins
In addition to the requirements for increased controls for certain products of non-animal origin set out in Regulation 669/2009, there is a series of Safeguard Decisions in place under Regulation (EC) No 178/2002 including a Decision on aflatoxins in certain foodstuffs from certain third countries.
Commission Regulation (EC) No 1152/2009
Commission Decision 2006/2004/EC on special conditions governing certain foodstuffs imported from certain third countries due to contamination risks by aflatoxins has been replaced by Commission Regulation (EC) No 1152/2009.
Some of the foodstuffs which were subject to the Safeguard Decision are now controlled under Regulation (EC) No. 669/2009 while others are controlled under Commission Regulation 1152/2009.
Commission Regulation 1152/2009 imposing special conditions governing the imposing special conditions governing the import of certain foodstuffs from certain third countries due to contamination risk by aflatoxins and repealing Decision 2006/504/EC:
Products listed can only be imported into the European Union through the Designated Points of Import. Each consignment of product listed must be accompanied by a Common Entry Document as provided for in Regulation (EC) No 669/2009. There must be prior notification of each consignment. Each consignment (with the exception of almonds and mixtures thereof imported from the United States which are not covered by the Voluntary Aflatoxin Sampling Plan) must be accompanied by the results of sampling and analysis and a health cert in accordance with the model set out in Annex I, completed, signed and verified by the listed authorised representative.
The competent authority for this legislation is the Health Service Executive. The Port Health Section of the Environmental Health Service may be contacted at porthealth@hse.ie or on 01-8098300.
Melamine
In addition to the requirements for increased controls for certain products of non-animal origin set out in Regulation 669/2009, there is a series of Safeguard Decisions in place under Regulation (EC) No 178/2002 including a Commission Regulation on the import of certain products originating in or consigned from China which may contain melamine.
Commision Regulation 1135/2009 repeals Commission Decision 2008/98/EC.
Milk and milk products and soya and soya products intended for the particular nutritional use of infants and young children originating in or consigned from the Peoples Republic of China are prohibited from entry into the EU.
Milk and milk products, soya and soya products and ammonium bicarbonate originating in or consigned from the Peoples Republic of China can only be imported into the EU through a Designated Control Point . There must be prior notification of each consignment.
Documentary checks must be carried out on all consignments. Identity and physical checks must be carried out on approximately 20% of consignments. Random physical checks must be carried out on other feed and food products with a high protein content originating in or consigned from the Peoples Republic of China. Milk and milk products, soya and soya products and ammonium bicarbonate must not contain more than 2.5mg/kg of melamine
Products cannot be released for free circulation unless the feed or food business operator or their representative presents evidence to the Revenue Customs Service that the required official controls were carried out and the results from physical checks, where such checks are required, are satisfactory .
The competent authority for food under this legislation is the Health Service Executive. The Port Health Section of the Environmental Health Service may be contacted at porthealth@hse.ie or on 01-8098300.
The competent authority for feed under this legislation is the Health Service Executive. The Department of Agriculture, Food and the Marine: Feed Section may be contacted at. John.canny@agriculture.gov.ie or on 00 353(0)1 5058772. Fax: 00 353(0)1 6275955
Guar Gum
In addition to the requirements for increased controls for certain products of non-animal origin set out in Regulation 669/2009, there is a series of Safeguard Decisions in place under Regulation (EC) No 178/2002 including a Commission Regulation on guar gum originating in or from India.
Regulation 258/2010 imposing special restrictions on the imports of guar gum originating in or from India due to contamination risks by pentachlorophenol and dioxins
Commission Regulation 258/2010 repeals Commission Decision 2008/352/EC
Guar gum falling within CN code 1302 32 90 intended for animal or human consumption and feed and food containing at least 10% guar gum originating in or consigned from India can only be imported into the EU through a Designated Control Point. There must be prior notification of each consignment.
Each consignment must be accompanied by
- a health certificate (form set out in the Annex to the Regulation) certifying that the product imported does not contain more than 0.01mg/kg pentachlorophenol (PCP) and
- an analytical report from a laboratory accredited for the analysis of PCP in feed and food. The analysis must be carried out in accordance with a specified method.
- A unique identifying code which must accompany each associated document
The certificate, accompanied by an analyical report, must be signed by an authorised representative of the Ministry of Commerce and Industry in India. Certificates are valid for 4 months from the date of issue.
Documentary checks must be carried out on all consignments. Identity and physical checks, including sampling and analysis to control the presence of PCP must be carried out on at least 5% of consignments. Random physical checks, including sampling and analysis to control the presence of PCP on guar gum consigned from countries other than India. Products must be kept under official controls for a maximum of 15 working days pending the availability of the results of laboratory analysis.
Products cannot be released for free circulation unless the feed or food business operator or their representative presents evidence to the Revenue Customs Service that the required official controls were carried out and the results from physical checks, where such checks are required, are satisfactory.
The competent authority for food under this legislation is the Health Service Executive. The Port Health Section of the Environmental Health Service may be contacted at porthealth@hse.ie or on 01-8098300.
The competent authority for feed under this legislation is the Department of Agriculture, Food and the Marine. The Department of Agriculture, Food and the Marine: Feed Section may be contacted at John.canny@agriculture.gov.ie or on 00 353(0)1 5058772. Fax: 00 353(0)1 6275955.
Fenugreek seeds and certain seeds and beans from Egypt
Commission Implementing Decision 2011/402/EU on emergency measures applicable to fenugreek seeds and certain seeds and beans imported from Egypt.
Commission Implementing Decision 2011/402/EU has been amended by Commission Implementing Decision 2011/662/EU. It has been further amended by Commission Implementing Decision 2011/718/EU. This amendment extends the application date of this Decision until 31st March 2012.
- All lots of fenugreek seeds imported into the European Union from Egypt during the period 2009-2011 mentioned in the notifications of the Rapid Alert System for Food and Feed linked to the trackback exercise must be withdrawn from the market and destroyed. They must be sampled in accordance with Article 8 of Directive 2003/99/EC [on the monitoring of zoonoses and zoonotic agents]
- The Annex sets out the list of seeds and beans from Egypt which is prohibited in the EU until March 2012.
- The provisions will be regularly reviewed based on guarantees offered by Egypt, results of analysis and investigations carried out by the member states.
- Following an FVO mission to Egypt in August shortcomings were identified in the production of seeds for human consumption that may potentially be sprouted. The same shortcomings were not present in the production sites of fresh leguminous vegetables for direct human consumption. Also since fresh or chilled vegetables are traded when seeds are not ripe yet, such seeds cannot be used for sprouting. Fresh and chilled vegetables other then sprouts are re-authorised for import. The requirement for mustard seeds has been clarified in the Annex. The Annex has been replaced to reflect these changes.
- The Revenue Customs Service has profiled these products and they will be not be released for free circulation.
Note: An amendment to Regulation (EC) No 669/2009 was agreed by Standing Committee on 12 January and will be published in the Official Journal shortly. Article 19 on transitional measures has been replaced. Annex I and II have been amended. The amending Regulation will be included on our website once it has been published.
Regulation (EC) No. 669/2009 also covers feed, which is outside the remit of the FSAI and is the responsibility of the Department of Agriculture, Food and the Marine.
Last reviewed: 21/11/2011