Imports of ‘high-risk’ food and feed of non-animal origin – changes from 14th December 2019

 

The updated legislation covering the import of certain ‘high-risk’ foods and feeds of non-animal origin from certain countries into the EU comes into effect on 14th December 2019.

Commission Implementing Regulation (EU) 2019/1793 allows for certain goods from certain countries to be subjected to temporary increases of official controls where there is a known or emerging risk or because there is evidence of widespread serious non-compliance with the legislation.

It replaces the following Regulations:

  • Commission Regulation (EC) No 669/2009
  • Commission Implementing Regulation (EU) No 884/2014 (aflatoxin controls)
  • Commission Implementing Regulation (EU) 2015/175 (guar gum from India)
  • Commission Implementing Regulation (EU) 2017/186 (sesame seeds and betel leaves from India)
  • Commission Implementing Regulation (EU) 2018/1660 (curry leaves from India, vine leaves from Turkey, dragon fruit from Vietnam)

Food/Feed covered

The lists of food and feed covered by the import requirements of Regulation 2019/1793 are in Annexes I and II to the Regulation.

 

Annex I product import requirements:

 

The products listed in Annex I were previously covered by Commission Regulation (EC) No 669/2009.

Consignments of these products require:

  • Prior notification to the Port Health Authority of the Border Control Post (BCP) of first arrival. The prior notification must be at least one working day before the expected arrival of the consignment (Commission Implementing Regulation (EU) 2019/1013). Note: Felixstowe is a designated BCP.
  • Submission of a Common Health Entry Document (CHED-D*) to the Port Health Authority of the BCP of first arrival.
  • The Port Health Authority to carry out documentary checks on 100% of CHEDs submitted
  • The Port Health Authority to carry out identity and physical checks, including sampling and laboratory analyses, on consignments at the frequency set out in Annex I

Annex II product import requirements:

 

The products listed in Annex II were previously covered by Commission Implementing Regulations 884/2014, 2015/175, 2017/186 and 2018/1660.

Consignments of these products require:

  • Prior notification to the Port Health Authority of the Border Control Post (BCP) of first arrival. The prior notification must be at least one working day before the expected arrival of the consignment (Commission Implementing Regulation (EU) 2019/1013). Note: Felixstowe is a designated BCP.
  • Submission of a Common Health Entry Document (CHED-D*) to the Port Health Authority of the BCP of first arrival.
  • An identification code. Each individual bag or packaging form in each consignment must be marked with this identification code. There is an exemption when the consignment is being controlled due to the risk of mycotoxin contamination and where the packaging is combining several small packages. In this case it is not necessary for the identification code to be on all the separate small packages if it is mentioned at least on the package containing these smaller packages.
  • Submission of the results of sampling and analysis performed on each specific consignment by the competent authorities of the third country of origin, or the consigning country should it be different from the country of origin. The results of sampling and analysis must also carry the identification code of the consignment to which they relate.
  • Submission of the Official Certificate in the format set out in the model certificate in Annex IV of Regulation 2019/1793.
  • The Port Health Authority to carry out documentary checks on 100% of CHEDs submitted
  • The Port Health Authority to carry out identity and physical checks, including sampling and laboratory analyses, on consignments at the frequency set out in the Annex II

Compound foods containing any of the food listed in Annex II due to the risk of contamination by aflatoxins in a quantity above 20% of either a single product or as the sum of those products are also subject to the above requirements.

 

*CHED-D

A CHED-D is required for feed and food of non-animal origin (it replaces the CED). The format of this document is laid down in Commission Implementing Regulation (EU) 2019/1715, Annex II, Part 2, Section D. Information on how to complete a CHED is also in this Regulation in Annex II, Part 1.

The system for creating a CHED-D is called TRACES-NT (TRACES New Technology).  Some training notes are here