The EU import requirements for gelatine capsules depend on the content and use of the capsules:

• Empty gelatine capsules for animal feed must be presented to import controls in border inspection posts (BIPs) and accompanied by the certificate laid down in Chapter 11 of Annex XV to Regulation (EU) No 142/2011 .
• Empty gelatine capsules for food are subject to import controls at the BIPs. There are currently no specific EU import requirements for such product and EU-countries may apply their own national rules.
• Filled gelatine capsules for food (i.e. food supplements) depend on the import requirements applicable for their content:
  • Capsules filled with a product of animal origin are considered as this product of animal origin. For example, capsules filled with fish oil are fishery products and must be presented to import controls in BIP with the certificate for fishery products.
  • Capsules filled with composite products must follow the rules laid down for composite products (see the Guidance document on composite products). However, the gelatine of the capsule must be disregarded for the calculation of the amount of animal products contained in the capsule. For example, capsules filled with 80% of dairy products and 20% of products of plant origin must be presented to import controls in BIP with the certificate for composite products laid down in Regulation (EU) No 28/2012.

Importation of bovine stomachs used for the production of rennet (intended to curdle milk into cheese for human consumption) have to be in line with the import requirements laid down in the EU animal and public health legislation. The certification depends on the type of imported stomachs:

• Raw stomachs for human consumption fulfill the definition of "fresh meat" as set out in Annex I to Regulation (EC) No 853/2004. More specifically, stomachs are included in the definition of "offal" ("fresh meat other than that of the carcass, including viscera and blood"); therefore offal is considered as fresh meat. The EU legislative act which establishes the import requirements for fresh bovine meat, and therefore of their offal (including stomachs) is Regulation (EU) No 206/2010. That Regulation provides for the import requirements, the list of authorised non-EU-countries and import veterinary certificates for the relevant species covered by the Regulation. In addition, fresh meat must come from an approved establishment and the exporting non-EU-country also needs to have a residue control plan approved and listed in Commission Decision 2011/163/EU.
• Treated stomachs that have been submitted to a treatment such as salting, heating or drying fulfill the definition of "treated stomachs, bladders and intestines" as set out in Annex I to Regulation (EC) No 853/2004. The EU legislative act which establishes the import requirements for such products is Commission Decision 2007/777/EC.
• The above requirements apply to imports from non-EU-countries into EU-countries for stomachs for human consumption, including those intended for rennet production. The production of rennet from bovine stomachs should be done in establishments approved under the EU Hygiene Package.

Animal by-products, which are excluded from human consumption or handled in establishments not in compliance with the requirements for "food" handling establishments are covered by the provisions laid down in Regulation (EC) No 1069/2009. Such products cannot enter in any case back into the food chain, including the production of rennet enzymes for producing cheese.

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 harmonized rules for the production of colostrum in Section IX of Annex III to Regulation (EC) No 853/2004.

The health conditions for importation and transit of colostrum and colostrum-based products for human consumption are harmonised and established by Regulation (EU) No 209/2014 amending Regulation (EU) No 605/2010.

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 Commission's website for residues.

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.

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.

"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.

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.

Have a look in the fish species database.

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.

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.

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 .

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 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 (EU) No 1079/2013 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.

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.

Regulations (EC) No 1069/2009 and (EU) No 142/2011 refer to the health rules as regards animal by-products and derived products which are not intended for human consumption. Recital (37) of Regulation (EU) No 142/2011 refers to other pieces of legislation, in particular to the list of non-EU countries from which imports are eligible.

China is authorised to export fishery products to the EU as laid down in Commission Decision 2006/766/EC establishing the lists of non-EU countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted. Following this authorisation, China would normally be also authorised to export animal by-products derived from fishery products.

However, with Commission Decision 2002/994/EC, protective measures have been put in place to avoid the introduction of products constituting a serious risk to human or animal health from China into the EU. This Decision in fact prohibits the import of all products of animal origin from China, which are intended for human consumption or animal feed use in the EU. By derogation the imports of certain products listed in the Annex to that Decision is allowed. Therefore only the products specifically listed in that Annex are allowed to be imported. Decision 2002/994/EC overrides any other legislation.

ONLY the products listed in the Annex to Decision 2002/994/EC can be imported as follows:

"ANNEX

PART I
List of products of animal origin intended for human consumption or animal feed use authorised to be imported into the Community without the attestation provided by Article 3

• Fishery products, except:
  • those obtained by aquaculture,
  • peeled and/or processed shrimps,
  • crayfish of the species Procambrus clarkii caught in natural fresh waters by fishing operations,
• gelatine,
• petfood as regulated under Regulation (EC) No 1774/2002 of the European Parliament and of the Council.

PART II
List of products of animal origin intended for human consumption or animal feed use authorised to be imported into the Community, subject to be accompanied of the attestation provided by Article 3

• Aquaculture fishery products,
• peeled and/or processed shrimps,
• crayfish of the species Procambrus clarkii caught in natural fresh waters by fishing operations,
• casings,
• rabbit meat,
• honey,
• royal jelly,
• poultry meat products,
• Eggs and egg products."

Fishery products can thus be imported and the definition laid down in Regulation (EC) No 853/2004 refers to: all seawater or freshwater animals (except for live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods, and all mammals, reptiles and frogs) whether wild or farmed and including all edible forms, parts and products of such animals. Regulation (EC) No 853/2004 lays down specific hygiene rules for food of animal origin, which means that fishery products are understood as only intended for human consumption.

Animal by-products are not intended for human consumption and thus are not fishery products. Therefore fishery products do not fall under the scope of Regulations (EC) No 1069/2009 and (EU) No 142/2011.

However, fishery products can also include processed proteins if they are edible, i.e. intended for human consumption. In that case, the health certificate under which such imports are allowed, and which needs to be presented when entering the EU, is laid down in Appendix IV to Annex VI to Regulation (EC) No 2074/2005. Obviously, the health attestation of this certificate has to be ensured by the competent authorities of China.

All veterinary goods checked at approved Border Inspection Posts (BIPs), which are intended for free circulation in the European Union (EU) have to comply with EU labelling requirements. It is the task of the food business operator to guarantee that any such products are labelled accordingly, when they are dispatched from the relevant establishment of origin in the non-EU-country, which is also reflected in the content of some health certificates referring to identification marks and other labelling requirements. In the case of pet food, labelling requirements are laid down in Regulation (EC) No 767/2009 and in Regulation (EU) No 142/2011 and the import checks carried out at BIPs should ensure that those are respected for products to be placed on the EU market. For products destined for further processing and/or not to be placed directly on the EU market, labelling in accordance with the aforementioned Regulation may take place in an approved/registered animal by-product establishment in the EU-country.

Game trophies fall under the definition of animal by-products as provided for by Regulation (EC) No 1069/2009 and the implementing Regulation (EU) No 142/2011. Import conditions for game trophies destined to the Union are laid down in Row 6 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

In general, establishments and plants handling animal by-products and derived products must be approved or registered by the competent authority of each country of origin and details to this procedure can be found via the "Biological safety" webpage. Following this, establishments in non-EU-countries should be entered into the TRACES system and game trophy establishments should be notified under Section VI in Annex II to the Technical Specifications as game trophies plants, suitable for category 2 or 3 material. These could be particular plants or hunting areas, which will be entered in TRACES to enable approved border inspection posts to verify approval or registration of the establishment of origin and to ensure traceability of the consignments.

In case the competent authority of the country of origin delegates this task to another competent authority within the same country, the EU legislation needs to be respected. Accordingly, if the CITES authority of a non-EU-country has already created a list of establishments, and - provided that the national competent veterinary authority agrees with this list - that list can be included in TRACES.

With reference to Chapter III of Annex X to Regulation (EU) No 142/2011 the imports of fishing baits should be subject to national legislation of the EU-country of destination. Therefore the Commission can not indicate which certificate would be the most relevant, because it is up to decision of the competent authority of the EU-country of destination. If the national rules refer to the use of harmonised certification which is already published, it might be either the one laid down in Chapter 3 D or the one in Chapter 3 F of Annex XV to Regulation (EU) 142/2011; both of them are referring to CN code 0511 91.

In addition, the model health certificate for fishery products as laid down in Appendix IV to Annex VI to Regulation (EC) No 2074/2005 can be used for fish bait, if the CN-code 051191 is included in box 1.9 of that health certificate. The same should be applicable for the specific certificate used for fishery products from third countries with specific Agreements, in case there are no CN codes specified for these certificates, e.g. for fish bait originating from US. Accordingly, the Common Veterinary Entry Document (CVED) as laid down in Annex III to Regulation (EC) No 136/2004 cannot be filled in for human consumption in the first part or issued as fit for human consumption in the second part.

Please see the "Animal by-products" webpage, on which several guidance documents and frequent questions and answers have been made publicly available, which refer as well to import/transit requirements.

A health certificate must accompany all consignments of hides and skins of ruminants as referred to in Regulation (EU) No 142/2011 Annex XV, Chapters 5A, 5B or 5C.

CVEDs are issued only to consignments of those animal products which may pose animal or public health risks and are therefore subjected to veterinary checks in accordance with EU legislation. This list of these products is laid down in Annex I to Commissions Decision 2007/275/EC. In case of wool, only unprocessed wool is considered to pose animal health risks and is therefore subjected to veterinary checks. Consequently, consignments of unprocessed wool in transit via EU territory are accompanied with CVEDs. No veterinary checks are carried out and no CVEDs are issued for treated wool because it is not considered as a risk from the animal health point of view. (SANCO D(2008)441086 dated 02.09.2008)

Directive 97/78/EC

Fishmeal is regulated by Chapter 1 Section 2 of Annex XIV to Regulation (EU) No 142/2011. Under those rules, there is no obligation to channel fishmeal when it is imported into the EU. However, the BIP has to sample imported consignments for salmonella and enterobacteriaceae, before they may be released for free circulation in accordance with Chapter I of Annex X to Regulation (EU) No 142/2011. The model health certificate of Chapter I of Annex VX to Regulation (EU) No 142/2011 is required.

Yes, treated feathers are listed under CN Code 0505 in the Annex to Decision 2007/275/EC and are considered to be animal by-products category 3 as laid down in art. 10 (b),(v),(h) and (n) of Regulation (EC) No 1069/2009. They need to be presented for veterinary checks as laid down in animal health attestation in accordance with Row No 9 of Table 2 of Annex XIV to Regulation (EU) No 142/2011. A commercial document for treated feathers and parts of feathers is required to accompany consignments as provided by Chapter II Section 6 of Annex XIV to Regulation (EU) No 142/2011. Under those rules, a derogation exists for treated decorative feathers, for treated feathers carried by travellers for their private use or for consignments of treated feathers sent to private individuals for non industrial purposes.

Specific requirements for feathers are set down in Chapter VII of Annex XIII to Regulation (EU) No 142/2011, in particular in Section C mentioning the end point for treated feathers and down. Import and transit requirements are laid down in Annex XIV to the same Regulation, in particular in Section 6. In general, feathers have to be presented to a BIP for veterinary checks to verify that the treatment described in the accompanying document is in accordance with the one required by the above Regulation.

If the treatment of the feathers is not reaching the end point, the BIP has to issue a Common Veterinary Entry Document (CVED) which channels the consignments to a registered establishment in the EU-country of destination for further treatment.

If the treatment of the feathers is reaching the end point, the BIP can issue a CVED releasing the feathers for free use in the EU, provided the treatment, in accordance with the end point provisions, is confirmed in the document accompanying the consignment and on the consignment itself.

However, in both cases the feathers have to come from a registered establishment as provided for in Article 41 (3) (b) of Regulation (EC) No 1069/2009. These establishments are listed in the Trade Control and Expert System (TRACES) to allow the BIPs the verification that the establishment is registered by the competent authority of the third country of origin.

There is no need to provide a journey log to an EU approved border inspection post (BIP) as registered horses do not have to travel with a journey log. A registered horse means an equidae registered as defined in Council Directive 90/427/EEC, identified by means of an identification document issued by the breeding authority or any other competent authority of the country where the animal originated which manages the studbook or register for that breed of animal or any international association or organization which manages horses for competition or racing.

The rules on animal transport including journey logs are provided in Council Regulation (EC) No 1/2005 on the protection of animals during transport.

However, according to these, a journey log is necessary for all non-registered horses, which would be under category “U” (wild and domestic solipeds, including horses for slaughter, breeding and products, except registered equidae).

Live insects are included in the scope of Council Directive 92/65/EEC, however there are currently no specific EU animal health import requirements for such animals and EU-countries may apply their own national animal health requirements according to the last indent of Article 18 (2) of Council Directive 92/65/EEC. Council Directive 91/496/EEC requires that veterinary checks are carried out on all consignments of live animals at a border inspection post (BIP) listed in Annex I to Commission Decision 2009/821/EC, including live insects. Commission Decision 2007/275/EC (Annex 1) also lists live animals, including insects and their larval forms as goods requiring checks at BIPS. These checks need to verify that consignments comply with the relevant animal health requirements documented by the Common Veterinary Entry Document (CVED), as laid down in Regulation (EC) No 282/2004. Details for the veterinary checks on insects and invertebrae are laid down in Article 5 of Commission Decision 97/794/EC.

In addition, two parliamentary questions published on the Commission's website refer to veterinary checks on live animals ( E-4576/2010 and P-9820/2010)

Brine shrimp (sea monkeys) (Artemia spp) cysts are live animals and must therefore be presented at a BIP approved to accept live animals for veterinary checks.

Which animal health rules apply will depend on the destination of the brine shrimp (sea monkeys) (Artemia spp) cysts:

Brine shrimp cysts entering the EU and destined for an aquaculture farm for further farming or to be used as live feed for aquaculture animals are covered by Council Directive 2006/88/EC and its implementing Regulation (EC) No 1251/2008. For these animals the model animal health certificate laid down in Part A of Annex IV to Regulation (EC) No 1251/2008 must be used.

Brine shrimp cysts entering the EU as dried cysts caught in the wild, intended for ornamental purposes (sea monkeys) and destined to be kept dry until arrival destination will fall outside the scope of Council Directive 2006/88/EC and Regulation (EC) No 1251/2008. As there are no animal health conditions harmonized at EU level for these animals, Council Directive 92/65/EEC applies. It is for the importing EU-country to consider whether animal health conditions have to be respected in accordance with their national legislation (in line with provisions laid down in Directive 92/65/EEC, Article 17 (2) last indent). The European Commission informed EU-countries that they do not consider that these animals pose an animal health threat to the EU. They may be presented to the BIP with a commercial document, unless the EU-country of destination demands additional health requirements, e.g. a health certificate. Consequently the consignment may be only marketed in the EU-country of destination but not in other EU-countries.

However, if brine shrimp cysts enter the EU as dried cysts and are destined for feeding ornamental fish (pet food purposes), they are covered by Regulation (EC) No 1069/2009. They should be accompanied by the certificate laid down in Chapter 3 of Annex XV to Regulation (EU) No 142/2011 and they can be checked in the NHC-facilities of a BIP.

The appropriate Customs Nomenclature code to be used in all cases in the Common Veterinary Entry Document (CVED) is 0306 27 99.

Yes, they fall under CN code 0106 90 00 and underlie veterinary checks in the BIP in accordance with Commission Decision 2007/275/EC.

These animals are covered (as regards animal health) by Council Directive 92/65/EEC , Art. 2, and there are no exclusions. There are no further requirements laid down by EU law and Member States can apply national import rules (Art 17 of the same Directive).

The dogs have to be pre-notified to the Border Inspection Post (BIP) of arrival with the first part of the Common Veterinary Entry Document (CVED), as laid down in Commission Regulation (EC) No 282/2004. They have to be accompanied by the health certificate laid down in Commission Decision 2004/595/EC. Then, the veterinary checks in the BIP have to be carried out and the dogs will be released with the completed CVED.

The requirements for the entry of commercial and non-commercial pet animals are available on the "Movement of pets" webpage.

This is not possible. Such transit is only possible, if the birds stay on the same plane and it lands just for re-fuelling. In case they leave the plane, a full veterinary check for importation of the birds into the EU needs to be carried out (Art. 9 (1) of Council Directive 91/496/EEC).

No, it is not necessary to canalise the import of ornamental fish to approved bodies. As described for box 16 of the CVED in the Annex to Regulation (EC) No 282/2004 : An approved body is a "body approved pursuant to Directive 92/65/EEC" meaning an officially recognised body, institute or centre and normally shops selling ornamental fish are not such bodies.

Consignments of fishery products, going into cold storage within a non-EU-country that is not the country of origin, in which they were produced, can not be considered as coming from the original exporting country or as direct landings when arriving in the EU. Therefore, the health certificate, required for import into the EU has to be issued by the competent authority of the country of dispatch to the EU and not by the original exporting non-EU-country or vessel. In addition, consignments of fishery products are required to come from approved and listed cold stores, even when these are not being processed in the non-EU-country of storage. It is not sufficient to provide for a certificate or letter that the products have not been tampered with. For more information on certification for fishery products the guidance document for veterinary controls on consignments of fishery products can be consulted.

According to the explanation to box 1.28 in Commission Decision 2007/777/EC the scientific species name of the animal product should be inserted in the health certificate. However, in several models of health certificates there is an individual explanation to the content of box 1.28, which refers to the abbreviations codes for relevant species, e.g. PFG. However, this is not the case for all health certificates for products of animal origin, e.g. fishery products, and in these cases, the scientific species name has to be inserted.

Commission Decision 2007/240/EC

This certificate is destined for direct transit to third countries as well as for indirect transit to third countries, in the latter case via storage in a customs/free warehouse/ship supplier in the EU, which has to be approved under Art. 12 of Council Directive 97/78/EC. The information in box I.9 can be different as mentioned in the Explanatory Notes to the certificate in Annex I of the same Decision. If the consignment is destined for direct transit to a third country, the competent authority of the third country of dispatch has to indicate the third country of destination in box number I.9. If the consignment is destined for storage in a customs/free warehouse in the EU or for ship supply, the competent authority has to include in box number I.9 the Member State, in which this customs/free warehouse/ship supplier is located.

The Explanatory Notes to the certificate do not fully reflect the above and will be amended to include for box 1.9 the reference that for products destined to customs/free warehouses or ship suppliers, the name of the Member State in which the customs/free warehouse or ship supplier is located should be mentioned.

Until this change will be in place, however, national rules are applicable and the existing instructions of the relevant competent authority should be followed.

In any case, box I.26 needs only to be filled in in the case of direct transit to a third country without storage in the EU.

Answers to frequently asked questions in relation to third country establishment lists are available on the following webpage. According to the information provided on that page, health certificates from newly listed establishments can only be accepted by BIPs, if they are issued on or later than the validity date appearing on the right upper corner of the relevant establishment list (Art. 12 (3) (b) of Regulation (EC) No 854/2004). Although the production is allowed from the date the request for listing the establishment has been confirmed by the Commission services, no health certificate can be issued by the officials responsible for that establishment, before the published establishment list is valid. In relation to de-listing of establishments, health certificates from these establishments can only be accepted with the date, before the communication to de-list has been submitted to the Commissions services.

Consignments for export to the EU can only be certified until the day prior to the date on which the request for de-listing by the competent authority of the non-EU-country has been submitted to the Commission's services according to Regulation (EC) 852/2004 and Regulation (EC) 853/2004. Accordingly, the date of the communication of the non-EU-country is decisive in this case and not the date the health certificate was signed.

Additional information on the non-EU-country establishments list can be found on the "Non-EU Countries Authorised Establishments" webpage.

Glazing consists of applying a protective coating of ice to certain frozen seafood products. This ice layer prevents the products from surface drying or dehydration ("freezer burn"). For glazed products, the question arises whether the net weight should or not include the weight of ice.

The answer is provided by Regulation (EU) No 1169/2011 on the provision of food information to consumers, which is applicable from 13 December 2014. In Annex IX (point 5) to that Regulation, it is clearly stated that the declared net weight of glazed food shall be exclusive of the glaze.

According to Decision 2007/240/EC, Box I.20 of the health certificate must be completed with the net and gross weights and Box I.28 must be completed, among other information, with the net weight. According to Regulation (EC) No 136/2004, Box I.15 of the Common Veterinary Entry Document (CVED) must be completed with the net weight of actual product excluding packaging.

Consequently, for consistency with Regulation (EU) No 1169/2011 and the information on food label, the net weight indicated in health certificates and CVEDs for glazed food must follow the same rule and be exclusive of the glaze.

Article 16 of Regulation (EC) No 1251/2008 specifies the need for transit certificates for live aquaculture fish, fish eggs and uneviscerated fish for human consumption. The model health certificate for transit for storage in specially approved warehouses of these products is laid down in Part C of Annex IV to Regulation (EC) No 1251/2008.

For transit of fishery products to third countries, no such model health certificate is laid down. However, the footnotes of the health certificate for fishery products as laid down in Appendix IV to Annex VI to Regulation (EC) No 2074/2005, detail the cases in which the animal health attestations provided for in that certificate do not apply. These mirror the cases described in Article 16 of Regulation (EC) No 1251/2008 for which animal health attestations are necessary. Therefore, for consignments of fishery products in transit to third countries or for storage in specially approved warehouses, it is not necessary to present the EU model health certificate for transit at the EU border inspection post.

Yes, the procedure as foreseen in Art.12 (b) of Commission Regulation (EU) No 206/2010 is applicable for these consignments and the certificate to Russia has to be stamped accordingly.

At the moment there is an agreement between Lithuania and the European Commission that Lithuanian BIPs use the same procedure as for the consignments of meat and meat products, pending the adoption of rules for such consignments under the forthcoming revised Regulation on animal by-products. They stamp the Russian certificate of the consignment intended for transit to Kaliningrad and each consignment is sealed.

No, because BIPs authorised for live animals only are not competent for the tasks covered by Council Directive 97/78/EC

The definition of a BIP in that same directive reads: "border inspection post’ means any inspection post, designated and approved in accordance with Article 6, for the carrying out of veterinary checks on products arriving from third countries at the border of one of the territories listed in Annex I". The whole Directive does not make any reference to live animals.

Moreover there are other Directives which deal with the import of live animals (e.g. Council Directive 90/426/EEC with the import of horses).

The definition of products in Article 2(2)(a) of Council Directive 97/78/EC with its cross references is far from clear but if you read Article 1 of Council Directive 90/425/EC (one of the reference) it is clear that here animals and products are clearly distinguished. "Member States shall ensure that the veterinary checks to be carried out on live animals and products which are covered by the Directives listed…"

Therefore, Council Directive 97/78/EC and related acts only deal with products and not with live animals.

That the institutions that check live animals are also called Border Inspection Posts is a coincidence. The coincidence in name does not provide them automatically with the same function. For the purpose of products, they are defined as above (carrying out of veterinary checks on products).

Recital 5, which reads: "It is also important to specify the category of approval of the border inspection post of exit to ensure that the personnel operating there are familiar with the products that are presented for examination" is only helpful in respect that it demonstrates that the intention was that the personnel available at the check post is competent for the task. If it was necessary to distinguish BIPs for fishery products from other product BIPs, it appears logic that BIPs for products and those for live animals are also distinguished.

The legislative provision for identification marks was amended by Commission Regulation (EC) No 1020/2008 reinforcing the provisions for the identification mark by clarifying in which establishment the identification mark must be applied. Point 1, Part A of Section I of Annex II to Regulation (EC) No 853/2004 states: 'The identification mark must be applied before the product leaves the establishment of production.

This change of the legal text in 2008 does not cater for the possibility to apply an identification mark in another establishment than the establishment of production.