Health

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Health Consumer Protection Directorate General

• Better Training for Safer Food
• 2008

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Training Course on checks in Border Inspection
Posts
Rotterdam, 27-30 May 2008
Import legislation for (live) products of animal
origin
Wim Mariman
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Subjects

• Important institutions and legal instruments
• Legal framework products of animal origin
• Legal framework veterinary checks
• Legal framework products for human consumption
• Legal framework products not for human
  consumption
• Legal framework live products
• Safety measures
• International framework
• Important reference resources

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Important Institutions and legal instruments

• European Commission
• European Council
  
• European Parliament

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Important Institutions and legal instruments
European Commission

• The only institution with the right to propose
  new legislation
• Working groups with MS

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Important Institutions and legal instruments
European Council

• Ministers of MS, European Commission
  presidency
• Commission proposals are discussed, changed and
  voted
• Council working groups with MS
• Long procedure

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Important Institutions and legal instruments
European Parliament

• The only directly elected parliamentary
  institution of the EU
• Codecison procedure strengthening of European
  Parliament legislative powers

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Important Institutions and legal instruments
Comitology

• Each legislative instrument specifies the scope
  of the implementing powers conferred on the
  Commission by the Council
• Possibility to adapt and introduce legislation
  quickly
• The Commission has to be assisted by Committees

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Important Institutions and legal instruments
SCFCAH

• The Standing Committee on the Food Chain and
  Animal Health plays a key role in the EU
  decision-making process for import matters
• The Commission consult this Committee on
  proposals for legislation and SCFCAH can then
  deliver an opinion which may allow the measure to
  be formally adopted by the Commission
  (Comitology).
• Sections
• General Food Law
• Biological Safety of the Food Chain
• Toxicological Safety of the Food Chain
• Controls and import conditions
• Animal Nutrition
• Phytopharmaceuticals
• Animal Health and Animal Welfare

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Important Institutions and legal instruments

• Regulations
• Directives
• Decisions
• Recommendations and Guidelines

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Important Institutions and legal instruments

• Decision
• A decision is a law which is not of general
  application, but only applies to the particular
  addressee of the decision (be it EU member
  states, companies or individuals).
• Directive
• A legislative act of the European Union which
  requires member states of the EU to achieve a
  particular result without dictating the means of
  archieving that result.
• Regulation
• A legislative act of the European Union which
  becomes immediately enforcable as law in all EU
  member states simultaneously.

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Important Institutions and legal instruments

• Horizontal legislation
• - character of common rules
• Vertical legislation
• - specific rules

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Legal framework products of animal origin
Overview legal basis
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Legal framework products of animal origin
Harmonisation

• EU approved TC list
• EU approved certificate
• EU approved TC establishments (when applicable)

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Legal framework veterinary
checks
Decision (2002/349/EC)
2007/275/EC List of products to
be examined at the BIPs

Directive 97/78/EC Veterinary checks on products
entering the Community from third countries
Regulation (EC) No 882/2004, Official controls to
ensure compliance with feed and food law (from
01-01-06))
Decision 2000/25/EC Transhipment of products at
a BIP
Decision 2000/208/EC Transit of products by road
Regulation (EC) No.136/2004 Procedures for
veterinary checks and CVED
Decision 94/360/EC Reduced checks
Decision 2000/571/EC Veterinary checks for free
warehouses etc.
Decision 2001/812/EC The requirements for the
approval of Border Inspection Posts
Regulation (EC) No. 745/2004 Imports of products
for personal consumption
Decision 2001/881/EC List of agreed Border
Inspection Posts (BIPs)
Decision 2003/623/EC Traces
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Legal framework products for human
consumption Vertical legislation Red meat
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Legal framework products for human
consumptionVertical legislation Poultry meat
and feathered game
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Legal framework products for human
consumption Vertical legislationWild
land mammals
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Legal framework products for human
consumption Vertical
legislationRabbit meat
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Legal framework products for human
consumption Vertical legislation Meat
preparations
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Legal framework products for human
consumption Vertical legislation Meat
products
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Legal framework products for human
consumption Vertical legislation
Casings
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Legal framework products for human
consumption Vertical legislation Fish
products
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Legal framework products for human
consumption Vertical legislation
Gelatin
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Legal framework products for human
consumption Vertical legislation Snails
and frogs legs
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Legal framework products for human
consumption Vertical legislation Milk
and milkproducts
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Legal framework products for human
consumption Vertical legislation Eggs
and egg products
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Legal framework products for human
consumption Vertical legislation Honey
and royal jelly
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Legal framework products not for human
consumption Vertical legislation Petfood and
dogchews
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Legal framework products not for human
consumptionVertical legislation Blood and
blood products
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Legal framework products not for human
consumptionVertical legislation Hides, Skins,
Game trophies, Pig Bristles
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Legal framework products not for human
consumptionVertical legislation Animal
by-products (raw material)
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Legal framework products not for human
consumption Vertical legislation Fats
and gelatins
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Legal framework products not for human
consumption Vertical legislationApiculture
by-products, egg products and bone and bone
products
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Legal framework products not for human
consumption Vertical legislation
Manure, hay and straw
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Legal framework live products
Vertical legislationPoultry - Hatching eggs
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Legal framework live products
Vertical legislation Semen and embryos
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Safety (protection) measures

• Can prohibit or restrict import at very short
  notice
• Decisions via SCFCAH
• Examples Dec.2002/994 (China), Dec. 2007/25/EC
  and 2008/161/EC (AI)

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International framework

• EFTA Norway, Iceland
• Equivalency Agreements NZ, CH, CA, USA etc.
• WTO/FAO SPS agreement/Codex Alimentarius

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Important reference resources

• http//eur-lex.europa.eu/en/index.htm (complete
  EU legislation)
• BIP website Sanco http//ec.europa.eu/food/animal
  / bips/index_en.htm (general info)
• www.vetimpleg.eu(EU veterinary import legislation
  and explanations)