The Importation of Composite Food products into the EU from 21/04/2021
The Importation of Composite Food products into the EU from 21/04/2021
Do you operate a food business in Ireland and import or intend importing composite food products from establishments outside of the EU (i.e. third countries including Great Britain)? If so, it is imperative that you understand the new requirements for importing those composite food products into Ireland that come into effect from 21st April 2021.
Note these requirements are in addition to customs formalities required by way of import declarations.
What is a Composite Food product?
A composite food product is:
- a foodstuff intended for human consumption that contains both processed product of animal origin and products of plant origin; and
- the processing of the primary product is an integral part of the production of the final product.
If a product of plant origin is added to a processed animal product, but it is not necessary for the manufacture of that product, it does not automatically mean that the finished food product is a composite product.
- For example, if the plant material is present for technical reasons or is present to add special characteristics such as flavour, sweetness or thickening.
- A product is not a composite product if it contains any raw material of animal origin or if it is not intended for human consumption.
What is changing?
The Import Controls and certifications required are changing. The definition and scope of composite products stay the same.
Import requirements will no longer be based on the percentage of the processed products of animal origin in the composite product. Instead, it will be based on:
- the animal health or public health risk linked to those ingredients of animal origin
- the need to transport or store composite products under controlled temperature conditions.
Categories of Composite Food Products
The requirements for the entry into the Union of composite products established in Regulation (EU) 2019/625 are no longer based on the percentage of ingredients of animal origin, but rather on the risks to public health linked to the composite product itself.
Under the new legislation the risk posed by composite products to public and animal health depends on their ingredients and their storage condition.
For example, shelf-stable composite products are considered low risk as they do not need to be stored or transported under controlled temperatures. These are lower risk in terms of animal health and microbiological safety, in particular where the product of animal origin has undergone a treatment such as sterilisation or ultra-high temperature.
On the other hand composite products which are transported, stored and consumed frozen do not meet these risk-reduction criteria and, as such, cannot be considered shelf-stable.
Regulation (EU) 2020/692 which supplements the Animal Health Law, also categorises composite products based on risk into the following groups and specifies what certs are required per grouping.
These are:
|
Category |
Products of Animal Origin Ingredients |
What is required? |
Does the transition apply? |
Do official controls apply? |
|
Higher Risk |
(1) Composite product that contains any quantity of meat (except gelatine, collagen and highly refined products) |
Model Animal Health / official certificate |
Yes. The old health cert will be accepted until 20 October 2021 provided it was signed before 21 August 2021.* |
Must enter via BCP (Border Control Post) and subject to pre-notification on TRACES and DAFM INIS portal by the Importer. |
|
Lower Risk |
Shelf-stable composite products containing dairy/ fish / eggs (no meat product, except gelatine, collagen and highly refined products) |
(1) Model Private Attestation |
Yes. The old health cert will be accepted until 20 October 2021 provided it was signed before 21 August 2021.* |
Must enter via BCP (Border Control Post) and subject to pre-notification on TRACES and DAFM INIS portal by the Importer. |
|
Composite Products exempt from Official Controls at the BCP (Border Control Post) |
Shelf-stable and listed in legislation 2021/899 (do not contain meat) provided the product meets the following requirements: |
(1) Model Private Attestation |
No |
No, however subject to risk based checks, such checks can be conducted at the place of destination, the point of release for free circulation, or the warehouses or premises of the operator responsible for the consignment of the product in accordance with national control plans. |
* For products where no certification was previously required the new rules will apply in full from 21/04/2021.
What documentation is required?
As an EU Importer from a 3rd country, after you have determined the risk category of your product, you should ensure your supplier is in a position to:
- provide you with the necessary Export Health Cert, or
- provide you with the necessary information in order for you to complete the Private Attestation requirements and the exporter declaration.
What is Private Attestation?
A private attestation must be prepared and signed by the importing food business.
The format of the attestation is prescribed by EU Law and requires:
- details of the consignment,
- transport details,
- ingredients list – detailing weight and percentage of ingredients of plant origin and processed product of animal origin, and
- that processed products of animal origin originate from third countries or regions authorised to export processed products of animal origin to the EU.
Please click the link below for the prescribed template.
Model Private Attestation Template
Actions going forward
As a food importer we recommend you become familiar with the new rules and:
- review and list the composite products you import
- determine their risk category
- confirm the supporting documentation required
- ensure you are familiar with the import controls and pre-notification requirements for DAFM e.g.
Should you wish to discuss your food import/export requirements, our team of experts at BDO can advise you through the process. Please contact us by email at brexit@bdo.ie or by phone 01 4700 383.