Clarification of import requirements for certain animal products
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EU to clarify requirements for certain animal products (dairy products, food additives, collagen casings, gelatine capsules) to enter the European Union
Draft Commission Delegated Regulation amending Delegated Regulation (EU) 2022/2292 as regards the requirements for the entry into the Union of certain dairy products, certain food additives derived from animals, collagen casings, minced meat, meat preparations, mechanically separated meat and composite products containing gelatine capsules
Update
The EU has informed the World Trade Organization Sanitary and Phytosanitary Measures (WTO SPS) Committee that it proposes to clarify that certain products of animal origin must meet specific requirements to enter the EU (authorisation of country of export, approval of establishments, health certificates) (G/SPS/N/EU/791). The relevant CN/HS customs codes will be added for certain dairy products, food additives, and collagen casings not currently included in the Regulation. In addition, the proposal ensures that all meat establishments providing raw material for the EU market must be EU approved, and clarifies that no document is required to accompany gelatine capsules not derived from ruminant bones when used in composite products. Comments on the proposal can be submitted to the WTO and to the EU.
Impacted Products
Food additives, collagen casings, minced meat, meat preparations, mechanically separated meat, composite products, gelatine capsules
What is changing?
Lists of animal products that must meet specific requirements
Article 3 of Regulation 2022/2292 presents a list of animal products that may only enter the EU if the non-EU exporting country has been authorised by the EU to export.
Article 13 of that Regulation provides a list of animal products that may only be exported if they come from establishments approved for the EU market.
Both lists include the customs codes relevant to these animal products. However, the customs codes for certain categories of animal products are currently not listed.
The EU proposes to clarify which animal products are covered by:
- adding to the list of products that can only be imported from authorised non-EU countries certain dairy products, food additives derived from animals, and collagen casings with the following CN/HS customs codes: 1301, 1806, 3203, 3204, 3823, 3824, 2202 99, 3917 10 10 [Art. 3(b)]
- introducing in the list of products that can only be exported from listed establishments certain dairy products and collagen casings with the following customs codes: 1806, 2202 99, 3917 10 10 [Art. 13(1), a.ii].
Types of establishment that may be listed
Article 15 of Regulation 2022/2292 specifies the types of establishment that must be approved and listed that provide raw material for the production of fresh meat, minced meat, meat preparations, mechanically separated meat, meat products, and gelatine.
The EU proposes to clarify that the establishments requiring approval include those producing minced meat, meat preparations, and mechanically separated meat, so that all establishments providing raw material, from the slaughterhouse onwards, must be EU approved (Art. 15).
Health certificates
Article 21 of Regulation 2022/2292 lists the animal products that require official health certificates on export. The EU proposes to add certain dairy products and collagen casings with the following CN/HS codes to the list: 1806, 3302, 2202 99, 3917 10 10.
Gelatine capsules
Certain composite products do not require a health certificate, but do require a private attestation, signed by the operator responsible for the consignment, stating that it meets EU requirements (Art. 22 of Regulation 2022/2292). The European Commission proposes that no private attestation will be required for composite products where the only animal ingredient is gelatine capsules not derived from ruminant bones.
Why?
Certain animal products, such as food additives, dairy products, and collagen casings, are extensively imported into the European Union and must meet EU requirements. The proposed rules will add to Regulation 2022/2292 the customs categories under which they are traded.
Timeline
The new rules are expected to apply by March 2025.
What are the major implications for exporting countries?
This proposal provides greater legal certainty about which rules apply for entities trading certain dairy products, food additives, and collagen casings. It facilitates the export of gelatine capsules not derived from ruminant bones.
Recommended Actions
Authorities in countries that are members of the WTO can submit comments on the EU’s proposal (G/SPS/N/EU/791) by emailing the EU SPS Enquiry Point until 21 October 2024.
All stakeholders can provide input via the EU’s Have your say portal until 18 September 2024.
Background
Regulation 2022/2292 states the public health requirements for animal products exported to the EU. It aims to ensure that food-producing animals, products of animal origin, and composite products meet requirements that are at least equivalent to the EU public health legislation (as detailed in the relevant official certificates). For further information, see Public health requirements for exporting live animals, products of animal origin, composite products and sprouted seeds to the EU.
Resources
ePing: SPS & TBT Platform: G/SPS/N/EU/791
European Commission: Have your say: Products of animal origin – amendment of import conditions for public health reasons
European Commission: Integrated Management System for Official Controls (IMSOC): Establishment Lists
Commission Delegated Regulation 2022/2292 with regard to requirements for the entry into the Union of consignments of food-producing animals and certain goods intended for human consumption
Sources
Draft Regulation amending Regulation (EU) 2022/2292 as regards the requirements for the entry into the Union of certain dairy products, certain food additives derived from animals, collagen casings, minced meat, meat preparations, mechanically separated meat and composite products containing gelatine capsules