Third country lists for public health – explained

Commission Implementing Regulation (EU) 2021/405 of 24 March 2021 laying down the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council

Update

This Implementing Regulation establishes the lists of third countries or regions from which consignments of certain animals and goods intended for human consumption may be exported to the EU, with regard to food safety and residues.

Impacted Products

live animals, products of animal origin, reptile meat, insects, snails, honey

What is changing?

Animals and animal products intended for human consumption can be exported to the EU only if the third country or region appears on a list drawn up by the European Commission for that purpose.

Third countries must be in the tables of both:

• Annex I for food safety and
• Annex -I for residues (since 15 December 2022, in compliance with the amendment of Regulation 2021/405 by Regulation (EU) 2022/2293).

Why?

The EU legislative framework aims to ensure that food and feed law, and rules on animal health and welfare, are correctly applied. Third countries wishing to export animal products to the EU must demonstrate that they have a system in place that is at least as stringent as the EU system or equivalent. Successful third countries are added to the EU list.

Timeline

Date of publication: 31 March 2021

Date of application: 21 April 2021

Last modification by Regulation (EU) 2022/2293 of 18 November 2022, entry into application 15 December 2022

What are the major implications for exporting countries?

Animals and animal products can only enter the EU from non-EU countries that are listed in this Regulation. For a non-EU country to be listed, and to gain access to the EU market for animals and goods, it must apply to the European Commission, which evaluates the application for conformity with EU legislation.

The third country, territory, or zone of origin, must be listed for the particular species and categories of animals and goods intended for export for human consumption.

For food of animal origin, the recommended order for a third country to make the application is:

1. List for animal health (Regulation (EU) 2021/404)
2. List for residues (Regulation (EU) 2021/405, Annex -I), and
3. List for public health/ food safety (Regulation (EU) 2021/405, Annex I).

Third countries must also list establishments that export animals or goods of animal origin to the EU, in accordance with Regulation (EU) 2022/2292 for public health requirements (Arts. 1.2.a.ii. and 13), and Regulation (EU) 2020/692 for animal health requirements (Art. 8). The Commission publishes Establishment Lists which are regularly updated.

Products must be accompanied by the relevant health certificate (Regulation (EU) 2020/2235).

Recommended Actions

Competent authorities

For competent authorities of third countries exporting food-producing animals and products of animal origin to the EU:

• If already listed, ensure compliance is maintained. In particular, produce an updated control plan for the list dealing with residues. The EU regularly audits both its partner countries and EU Member States; the work programme and audit reports are published on the Commission’s Health and Food Audits and Analysis webpage.
• If not yet listed, start the procedure for recognition of the country’s public health requirements as soon as possible. Competent authorities of partner countries may raise questions with SANTE-CONSULT-A5@ec.europa.eu; or if specifically on residues with sante-tcresidueplans@ec.europa.eu.

Operators

For operators in third countries wishing to export food-producing animals and products of animal origin to the EU:

• inform the competent authority of your interest
• stay in regular contact with the competent authority to support the process
• follow the procedure for entry on the list of approved establishments.

Background

The EU has stringent rules on the public health requirements for entry of products of animal origin into the Union. These rules are set out in various EU regulations, listed on the Commission webpage Products of animal origin for human consumption.

AGRINFO partner countries exporting to the EU products of animal origin intended for human consumption must be listed as authorised (Art. 126(2)(a) of Regulation 2017/625). Specific rules concerning consignments of animals and animal products are set out in Delegated Regulation (EU) 2022/2292.

Regulation 2017/625 applies to the official controls verifying compliance with the conditions for animals and goods entering the EU from third countries. Animals and animal products can only enter the EU from those non-EU countries that are listed in Implementing Regulations 2021/404 and 2021/405.

Resources

Sources

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