Q: Are there EU import conditions for colostrum destined for human consumption ?
A: Colostrum is defined in Point 1 of Section IX of Annex III to Regulation (EC) No 853/2004 as amended by Point 3 of Annex II to Regulation (EC) No 1662/2006. In addition that Regulation provides for harmonised rules for the production of colostrum in Section IX of Annex III to Regulation (EC) No 853/2004. There are currently no EU import requirements for colostrum, therefore transitional measures provided for in Article 3 of Regulation (EC) No 1162/2009 apply until 31 December 2013. This means that national competent authority's of EU-countries may specify import requirements for colostrum.
Q: Can gelatine and collagen imported for human consumption come from non-EU countries which have an EU-approved residue control plan ?
A: No, consignments of gelatine and collagen do not need to derive from a non-EU country with an EU-approved residue control plan laid down in the Annex to Commission Decision 2011/163/EU.
Further information in relation to residue control plans and their approval can be found on the Commissions website for residues.
Q: Why do border inspection posts (BIPs) need to sample white crab meat for the presence of heavy metals and how do they distinguish it from brown crab meat ?
A: An EU wide maximum level of heavy metals such as cadmium, lead and mercury is established for white crab meat (meat from legs and claws of crabs and crab-like crustaceans) in Section 3 of the Annex to Regulation (EC) No 1881/2006. As brown crab meat (abdomen of crabs and crab-like crustaceans) is not consumed in most EU-countries, it has been excluded from the requirement of a maximum level for such metals.
The documentation accompanying crab meat presented at BIPs will not always indicate if crab meat is white or brown or from which parts of the crab it derives. Nevertheless, to distinguish white from brown crab meat, a physical check has to be carried out: white meat is normally real meat in legs and claws of the crabs whereas brown meat has a brownish-greenish appearance and is contained in the abdomen/cephalothorax of the crabs.
However, according to a monitoring exercise carried out by the European Commission, the levels found in brown crab meat were high and very variable. Additional information regarding this exercise and the consumption of brown crab meat were published.
Q: Under which conditions are fish meal, fish skins, gelatine and casings from China allowed to be imported into the EU territory?
A: Only the products listed in the Annex to Commission Decision 2002/994/EC are authorised to be imported from China into the EU. As fish meal and fish skins are not listed in that Annex, the import of these products from China is not authorised. In addition, fish meal and fish skins are not fishery products according to the definition of "fishery products" in Point 3.1 of the Annex to Regulation (EC) No 853/2004 laying down specific hygiene rules for food of animal origin.
Gelatine is listed in Part I of the Annex to Commission Decision 2002/994/EC. According to Article 2 of the same Decision gelatine originating from China is authorised to be imported into the EU, if it meets the specific animal and public health requirements laid down in EU legislation; the specific declaration for residues of veterinary drugs as requested in Article 3 of Commission Decision 2002/994/EC is not necessary for products listed in part I of the Annex to that Decision.
Casings are listed in Part II of the Annex to Commission Decision 2002/994/EC and may be imported into the EU, if they fulfil the animal health requirements laid down in Commission Decision 2003/779/EC. In addition, these products have to be accompanied by a specific declaration of the Chinese competent authority on the testing for residues of veterinary drugs as provided for in Article 3 of Commission Decision 2002/994/EC.
Q: Are frog legs and processed snails allowed to be imported from China ?
A: "Frog legs and snails" are not considered to be "fishery products" according to the definitions listed in Annex I to Regulation (EC) No 853/2004
Frog legs and processed snails are not specifically listed in the two Annexes to Commission Decision 2002/994/EC and therefore it is not possible to import these products from China into the EU.
Q: How can it be ensured that fishery products originating from third countries listed in Annex II to Regulation (EC) No 1666/2006 stay in the relevant Member State ?
A: Although these requirements are difficult to enforce in Member States, currently these products should be allowed entry only on to the market of the Member State of destination. This should be monitored by the local enforcement authorities. The legislation apparently does allow for the movement of these fishery products to another Member State which has the same bilateral agreement with that third country as the first Member State of destination. In some instances where a bilateral agreement is in place the third country concerned gives the same list of authorised establishments to all Member States.
The derogation for these products is due to finish at the end of 2009 after which so-called list II countries will not have a legal basis to export to the EU.
Q: Request for clarification on Regulation (EC) No 103/2009.
A: Regulation (EC) No 103/2009 refers only to an additional attestation in the case of importation of animal by-products referred to in Section A of Chapter D of Annex IX to Regulation (EC) No 999/2001 containing milk or milk products of ovine and caprine origin. Section A refers to products as defined in Regulation (EU) No 142/2011.
A health certificate is required as provided by Chapter 2 (A) of Annex XV to Regulation (EU) No 142/2011.
Therefore this attestation as defined in Regulation (EC) No 103/2009 does not apply to imports of dairy products from sheep and goats destined for human consumption.
Q: What happens with products of animal origin destined for human consumption, if they are stored in warehouses (e.g. customs warehouses) and the use-by date has expired ?
A: In case of the use-by date (as defined in Art. 3 (5) of Directive 2000/13/EC )
of a product stored has expired, there is not necessarily a risk for animal health involved. However, these products are to
be considered as former foodstuffs as defined in Article 10 (f) of Regulation (EC) No 1069/2009 and considered to be animal-by-products category 3 and should be further handled accordingly.
Q: Where do I find the name of a fish species in various languages?
A: Have a look in the fish species database.
Q: Fishery products - import of aquaculture products from establishment which
are listed but do not have the special remark "Aq" in the relevant column.
A: Establishments which produce aquaculture products (i.e. fishery products of farmed origin – such as fin fish and crustaceans) have been identified by the addition of an 'Aq' remark in the relevant column of the list of approved fish establishments. Therefore export of aquaculture products into the Union can only come from an establishment with the "Aq" remark. In order for a country to be approved for the export of aquaculture products to the Union, it must have an approved residue monitoring plan (RMP) which provides guarantees equivalent to the residues Directive (Council Directive 96/23/EC). Third countries with approved plans are listed in the Annex to Commission Decision 2011/163/EU as amended. The RMP should cover farmed finfish and, if applicable, farmed crustaceans. Bivalve Molluscs, although farmed, are not required to be included in the RMP (Chapter 3 of Annex IV to Directive 96/23/EC). Therefore, the 'Aq' remark in the table does not apply to bivalve molluscs. This procedure is in line with the general framework laid down in Artt. 12, 13 and 15 of Regulation (EC) No 854/2004.
Q: What are the requirements for import into the EU of live fishery products from aquaculture for direct slaughter which are intended to be placed on the market for human consumption?
A: Non-EU countries need to be on the list of countries from which imports of the relevant product of animal origin for human consumption are allowed into the EU as provided for in Article 11 (1) of Regulation (EC) No 854/2004. In the case of the import of fishery products the non-EU country must be listed in the Annex to Commission Decision 2006/766/EC.
In addition, only fishery products from approved establishments are allowed to be imported into the EU as set out in Article 12 of Regulation (EC) No 854/2004. There is a derogation for establishments "carrying out only primary production" as laid down in Point 2 of Annex V to Regulation (EC) No 854/2004. These establishments, such as fish farms, are not required to be on the EU list of establishments, they only need to be registered by the competent authority of the relevant non-EU country of origin. However, these establishments need to comply with the hygiene requirements of Annex I to Regulation (EC) 852/2004. Requirements for establishments carrying out primary production can be found in Section VIII of Annex III to Regulation (EC) No 853/2004.
The import of aquaculture products is only allowed if the relevant non-EU country has an approved residue plan for aquaculture products and is listed in the Annex to Commission Decision 2011/163/EU.
For both farmed and wild caught fish the model certificate necessary for import is the one for "fishery products intended for human consumption". It is laid down in Regulation (EC) No 2074/2005.
Q: Information in relation to fish oil intended for human consumption
A: As several questions have been received from Member States concerning the requirements and checks for
fish oil for human consumption, a summary document has been prepared, which outlines the details concerning the
EC Hygiene Regulations on fish oil intended for human consumption
and listing of third country establishments 
.
Q: Does fish oil in capsules for human consumption need to be presented at a border inspection post ? If so, is certification required and does the product need to come from a listed non-EU country ?
A: Fish oil for human consumption falls under the scope of "fishery products" according to Point 3.1 of Annex I to Regulation (EC) No 853/2004. The general rule is that such products of animal origin from shall come from a listed non-EU country, from an establishment listed by the EU, be accompanied by the relevant certificate in accordance with the Hygiene Regulations (Regulation (EC) No 852/2004, 853/2004 and 854/2004), and shall be presented for veterinary checks at an EU approved border inspection post (BIP).
Some transitional measures and derogations apply for certain products, which include the following: Article 3 of Regulation (EC) No 1162/2009 provides transitional measures until the end of 2013 for
(a) imports of food of animal origin for which no harmonised public health import conditions have been established, and
(b) food containing both, products of plant origin and processed products of animal origin. However, none of these transitional measures are relevant for fish oil. Harmonised rules for fish oil for human consumption have been laid down; consequently (a) is no longer applicable. Furthermore, fish oil in capsules is not a "composite product" as described in (b).
Commission Decision 2007/275/EC lists the animals and products of animal origin which have to be presented for veterinary checks at a BIP. In addition it provides for derogations in specifying certain products, which do not need to be subject to veterinary checks at BIPs. These include certain composite products and the list of products laid down in Annex II to this Decision. The list in Annex II includes "food supplements packaged for the final consumer, containing small amounts of animal products, and those including glucosamine, chondroitin, or chitosan".
Capsules containing fish oil cannot be considered as a product that only contains "small amounts of animal product", if the capsules contain pure fish oil. Consequently, fish oil for human consumption, whether in bulk or capsules are subject to veterinary checks at the BIPs.
More information on rules and procedures on fish oil can be found on the following website and in relation to the CN code to be used the classification ruled by the European Court of Justice (C-410/08) needs to be considered.
Q: Can egg products be imported from non-EU-countries as there are currently no establishments listed by the EU for egg products from non-EU-countries ?
A: The list of non-EU countries from which imports of egg products to the EU-countries are allowed is set down in Part I of Annex I to Regulation (EC) No 798/2008. The model health certification to be used for the import of egg products is set down in Part II of Annex I to the same Regulation. However, there is no EU list of approved establishments as detailed EU rules for egg products have not yet been established. Therefore each EU-country may specify in their national rules from which establishments in a listed non-EU-country, they may accept consignments for import. Consequently, the relevant consignments can only be released in the territory of that individual EU-country.
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