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1
EU REQUIREMENTS FOR THIRD COUNTRIES EXPORTING
FOOD TO THE EU

• CTA Briefing on Food Safety Standards
• Brussels 11/05/2009
• Jacky Le Goslès

2
Scope of presentation

• SPS agreement and equivalence
• Requirements for third countries exporting food
  to the EU
• Key components for a residue control system
• Import controls
• FVO inspections
• BTFS programme

3

• The European Union is the worlds largest
  importer of agricultural and fishery products

4
Sanitary Phytosanitary Agreement
5
SPS Agreement

• Art. 2.2.measures taken to protect public
  healthshould be Science based and appropriate.
  
• Art. 2.3. should not be an unjustified barrier
  to trade.
• Art. 3.1. based on international standards,
  guidelines or recommendations, where they exist.
• Art 3.2. ..higher level of SPS protection
  possible if there is scientific justification

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SPS - equivalence

• Art. 4.1.
• Members shall accept SPS measures of other
  Members as equivalent... if the exporting Member
  objectively demonstrates that its measures
  achieve the importing Member's appropriate
  level of SPS protection.

7
EU Food Law (Regulation (EC) No 178/2002)

• Equivalence enshrined in Community Food Law
• Articles 11 and 12 Food and feed imported to
  the Community shall comply with the relevant
  requirements of food law or conditions
  recognised by the Community to be at
  least equivalent with requirements contained
  therein

Food shall not be placed on the market if it is
unsafe
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Requirements for third countries exporting food
of animal origin to the EU

• Every country wishing to export food of animal
  origin (FAO) to the EU must satisfy certain
  animal health, public health, veterinary
  certification and residues requirements.
• Appear on lists of authorised third countries
• Entire country or region
• Authorised commodities
• Approved establishments
• Use of model certificates
• Food produced in accordance with EU rules
• NOT ON RESIDUES LIST NO EXPORTS

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Import of FAO From Third Countries
specific requirements (e.g. control plan) control
missions (FVO)
Import control of products (BIP)
country establishment Vessel ZV/FV Listing
Specific listing
general listing
import
general import control legislation product
specific legislation
Directive 97/78/EC imposes a veterinary control
of food and feed products coming from third
countries.
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Import FAO From Third Countries
Request from the third Country
Technical Documentation
LISTING
Decision No 1 Addition to the list of third
countries
Standing Committee on the Food Chain and animal
health
Decision No 2 Specific requirements
Decision No 3 Health certificates (AH and PH)
Adoption by college of Commissioners
Decision No 4 List of establishments
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Why does the EU require residues controls
in FAO both from Member States and trading
partners?
12

• BECAUSE
• Legislative requirement in EU
• Public health - food safety
• To detect and prevent abuse of drugs
• To facilitate trade in animals and animal
  products
• Equivalent standards expected from the EUs
  trading partners Art. 11, Directive 96/22/EC and
  Art. 29, Directive 96/23/EC)

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Elements of a residue control system
Licensing and controls on use of veterinary
medicines
Residue Surveillance (Monitoring Plan)
Border inspection posts in the EU Member States
Residue testing Laboratories
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For third countries

• An approved residue plan is a prerequisite for
  export of food of animal origin to the EU.
• Approved countries are listed in Commission
  Decision 2004/432/EC
• Plans must be submitted to the Commission and
  approved annually

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What food is tested for residues?

• Food of animal origin
• Laid down in Community law
• Council Directive 96/23/EC
• Member States test domestic and imported

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Residue monitoring plan evaluation - outcome

• Commission Decision 2004/432/EC revised twice in
  2007 and twice in 2008
• In 2008
• 10 countries delisted for total of 15 commodities
• 8 countries were newly listed or relisted for a
  total of 13 commodities
• 83 countries now listed
• Improved understanding by third countries of EU
  requirements

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IMPORT CONTROLS IN EU BORDER INSPECTION POSTS
(BIP)

• BIPs are approved by the European Commission
• BIPs are run by Member States
• 3 fold control, identification (i), documentary
  (d) and physical (p)
• All consignments should be (i) and (d)
  controlled.
• For most of the authorised TC only for 20 of the
  consignments are submitted to (p) control
• Samples are taken and relevant analyses carried
  out only randomly (consignments kept until
  analyses results)
• Positive results rejection or destruction and
  RASF information
• Protective measures (e.g. Histamine analyses on
  100 of tuna swordfish consignments)

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http//ec.europa.eu/food/international/trade/guide
_thirdcountries2006_en.pdf
All relevant Community legislation may be
obtained from http//europa.eu.int/eur-lex/lex/en
/index.htm
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FVO MISSION INSPECTION/AUDIT METHODS

• METHOD EVALUATION OF THE EFFECTIVENESS OF THE
  OFFICIAL CONTROL SYSTEM OF FAO EXPORTED TO THE EU
  (documented system ensuring the 2 above
  mentioned objectives)
• EVALUATION OF THE CA CONTROL ACTIVITY IN ITS
  OFFICE, files of at least the visited farms,
  vessels and establishments
• SAMPLE OF FARMS/VESSELS/ESTABLISHMENTS IN ORDER
  TO VERIFY CA CONTROL ACTIVITIES
• SOME CHOSEN BY THE CA
• SOME CHOSEN BY THE FVO RASFF, FOLLOW UP OF A
  PREVIOUS MISSION OR TARGETTED MISSION
• VERIFICATION IN SITU (FARMS/VESSELS,
  ESTABLISHMENTS)

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E.G. MAIN FINDINGS RELATING TO FISHERY PRODUCTS
EXPORTED TO THE EU

• KNOWLEDGE, IMPLEMENTATION, CONTROL, ENFORCEMENT
  OF COMMUNITY REQUIREMENTS
• CA EFFICIENCY, i.e. inspection frequency, scope,
  depth, follow-up, enforcement
• BUDGET for CONTROLS/ANALYSES
• LAB CAPACITIES/QUALITY OF ANALYSES
• RESIDUE MONITORING PLAN FOR EXPORTED AQUACULTURE
  PRODUCTS

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E.G. MAIN FINDINGS RELATING TO FISHERY PRODUCTS
EXPORTED TO THE EU (cont.)

• RUNNING/POTABLE/CLEAN WATER (ICE)
• FRESHNESS OF FISH LANDED
• HYGIENE OF OPERATIONS
• COLD CHAIN
• HYPER-CHLORINATED WATER USE
• FP TRACEABILITY
• FROM VESSELS TO PLANTS
• WITHIN PLANTS
• RAW MATERIAL IMPORTED OR COMING FROM NON  EU
  APPROVED  VESSELS OR ESTABLISHMENTS
• HACCP Plan inappropriate, inadequate/insufficient
  documentation
• NUMBER OF OWN-CHECK ANALYSES AND OFFICIAL
  ANALYSES
• ADDITIVES (crustaceans)
• HEALTH STATUS OF STAFF

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FOOD of VEGETAL ORIGINPrincipal results from
reports

• General
• Lack of control by CA
• Dependance on private standards
• Poor performance in laboratories
• No/poor controls at export

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Principal Results

• Pesticides
• High frequency of use
• Lack of control on GAP or on registered users
• Lack of control in application or follow up
• Variable MRLs
• Poor equipment/analytical capability and poor
  quality control in laboratories

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Principal Results

• Phytosanitary Controls
• Problems with understanding of community
  regulations
• Monitoring and official controls limited
• Lack of documentation/ tracability

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HOW TO IMPROVE THE SITUATION

• Pressure on TC pre-listing on hold, appropriate
  and proportionate protective measures, action
  plans and follow-up (on-desk exercise and FVO
  missions)
• CA official training SANCO programmes,  Better
  Training for Safer Food  (Indonesia, Colombia
  and Senegal in 2006, Morocco, Mauritius, UAE,
  Chile and Viet Nam in 2007, Philippines and
  Jamaica in 2008)
• technical assistance provided by Commission
  services (DEV, AIDCO, TRADE, SANCO) following TC
  requests

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Import From Third Countries
Import Control reinforced measures

• Listing of
• countries
• establishments

Legislation and controls guarantee that exported
products comply with EU legislation and
consequently that their safety is not compromised
Results significantly not conform and/or negative
report from FVO

• Test on each arrival/lot
• Additional costs supported by importers

Safegard clause
Results significantly not conform
De-listing
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BTFS programme The programme started in
2005-2006. Commission Communication COM (2006)
519 has identified a long-term steady state of
6,000 participants and budget of 15million
annually (around 2011-2012)
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BTFS Evolution 2006-2008
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BTFS Food hygiene and controls

• 3 modules of 5 five-day courses on
• Meat and meat products
• Milk and dairy products
• Fishery products
• 25 participants per workshop
• Theoretical sessions, practical exercises, site
  visits, discussion as appropriate

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BTFS Hygiene and controls of fishery products
(main subjects)

• Organisation of official controls
• Live Bivalve Molluscs controls and applicable
  legislation
• Controls of marine bio-toxins
• Primary production
• Hygiene requirements in freezers, vessels,
  processing establishments, fish farms and cold
  storage

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Africa-EU Joint Strategy Capacity building
activities in the SPS field in Africa 2009-2010
(10M)
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Activity 1 (OIE) Evaluation of Performance of
Veterinary Services  follow-ups Activity 2
(OIE) Improvement of national / regional legal
framework Activity 3 (OIE) Laboratory capacity
(twinning) Activity 4 (OIE) Training of CVOs /
National Focal Points Activity 5 (AESA Cons.) -12
five-day Regional training of trainers
workshops -2 one-day (opening and closing)
conferences Activity 6 (AESA Cons.) Sustained
missions and ad hoc assistance (e.g. SMEs) 1,560
days / 12 experts / 6 Regions ( 26 countries)
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EU SPS rules for import of food of animal
origin from Third Countries to the EUSUMMARY

• CTA Briefing on Food Safety Standards
• Brussels 11/05/2009
• J. Le Gosles Adviser DG SANCO

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Main Points to keep in mind

• Food safety has become more important in the EU
• EU first food importer in the world, e.g. More
  than 50 of fish consumed in EU are imported from
  TC/DC
• Increase of establishments approved for export to
  the EU ( including freezer and factory vessels in
  TC)
• More added value processed products imported

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Main Points to keep in mind

• EU rules based on SPS Agreement principles
• Art. 2.2.measures taken to protect public health
  should be Science based and appropriate.
• Art. 2.3. should not be an unjustified barrier
  to trade.
• Art. 3.1. based on international standards,
  guidelines or recommendations, where they exist.
• Art 3.2. ..higher level of SPS protection
  possible if there is scientific justification
• Art. 4.1. Members shall accept SPS measures of
  other Members as equivalent... if the exporting
  Member objectively demonstrates that its
  measures achieve the importing Member's
  appropriate level of SPS protection.
• EU and EQUIVALENCE
• Equivalence enshrined in Community Food Law
  (Regulation (EC) No 178/2002)
• Articles 11 and 12 Food and feed imported to
  the Community shall comply with the relevant
  requirements of food law or conditions
  recognised by the Community to be at least
  equivalent with requirements contained therein

36
Main Points to keep in mind Import of FAO From
Third Countries
country establishment Vessel ZV/FV Listing contro
l missions (FVO)
specific requirements (e.g. residue monitoring
programme) control missions (FVO)
Import control of products (BIP)
Specific listing
general listing
import
general import control legislation product
specific legislation
Directive 97/78/EC imposes a veterinary control
of food and feed products coming from third
countries.
37
Main Points to keep in mind Import of FAO From
Third Countries
Request from the third Country
Technical Documentation
LISTING
Decision No 1 Addition to the list of third
countries
Standing Committee on the Food Chain and animal
health
Decision No 2 Specific requirements
Decision No 3 Health certificates (AH and PH)
Adoption by college of Commissioners
Decision No 4 List of establishments
38
Main Points to keep in mind

• A Competent Authority (or more but need for a
  very good cooperation/coordination) and
  laboratory capacities
• Official (documented) controls all along the FAO
  production chain, including primary production
  and sampling/analyses
• Residue and environmental contaminant monitoring
  programme
• FBO Establishments
• Structures and equipment requirements, Good
  Hygiene Practices (SSOPs) and HACCP system in
  place
• Ensuring the eligibility of the FAO exported to
  the EU ( sanitary  traceability) from primary
  production to exported consignments
• Better Training for Safer Food (BTFS) programme
  and Technical Assistance (TA )