1. I MPORT REQUIREMENTS FOR FISHERY AND AQUACULTURE PRODUCTS Hannes Ulmas Head of Market Regulation and Trade Bureau Ministry of Agriculture of Estonia

2. Structure Overall situation Institutions involved General hygiene requirements Specific hygiene rules for products of animal origin Traceability Labeling rules 2. April 2013, Belgrade

3. The global export value of agricultural commodities in 2007 in USD billion Plant commodities Animal commodities Fruit & vegetables 151Fish/seafood93 Wheat36Pigs30 Tobacco29Cattle29 Sugar19Poultry22 Coffee18 Sheep and goats 4 Rice13 pulses5

4. Commodities

5. Trends in major producing countries (>500 000t) Producer Production, million t % annual change Value, USD billion % annual change 1997200619972006 China19.3234.434.920.3638.425.2 India1.863.124.52.133.434.2 Viet Nam 0.321.669.00.683.328.8 Thailand0.541.396.81.912.221.6 Indonesia0.661.295.42.052.251.0 Banglade sh 0.490.895.10.971.363.2 Chile0.270.807.30.924.438.8 Japan0.810.73-1.13.523.10-1.5

6. Production perspective

7. Institutions involved The Commission is divides in 32 directorates general (DG) – DG Mare responsible for: Common Fisheries Policy (CFP) Proposals for tariff reduction, tariff suspensions and import quotas (DG Mare acts as aid to DG Trade) 2. April 2013, Belgrade

8. Institutions involved – DG Environment Covering species that are subject to trade restrictions under the Convention on International Trade of Endangered Species – DG Agriculture Organic production and labelling of organic products (Council Reg 834/2007) – DG Sanco Responsible for food safety and legislation on „foodstuffs“ (additives, microbiological criteria, coloring, antibiotics, labelling ) 2. April 2013, Belgrade

9. Institutions involved DG Sanco includes also the Food and Veterinary Office (FVO) in Ireland – FVO is undertaking inspections in all Member States and exporting countries European Food Safety Authority (Parma, Italy) – Provides the EC with indipendent scientific advice on food safety matters and risks associated with the food chain 2. April 2013, Belgrade

10. Two main sets of legislation influence fish/aquaculture import to the EU The Common Fisheries Policy - It has direct impact on the EU`s production capacity through fleet and quotas management. Therfour it can directly influence imports of fish from third countries The Food Hygiene Legislation – Guarantees safe food to European consumers and makes sure that imported food complies with the EU`s minimum hygiene standards 2. April 2013, Belgrade

11. Market Acess R equirements Regulatory import requirements - Related to quality and safety - R elated to IUU (Illigal, Unregulated and Unreported) - Related to protection of Fauna and Flora Voluntary requirements - Business to business 08.04.2011, Sarajevo

12. General hygiene rules Importing country should have the authorised Competent Authority responsible for the organisation of official control Competent Authority provides the EC with a list of approved establishments Competent Authority guarantees companies’ continued compliance with EU requirements Competent Authority is checked by the Food and Veterinary Office to see if they are doing the job 2. April 2013, Belgrade

13. General hygiene rules Health certification: (a) Countries authorised for exporting fishery products to the EU - Decision 2006/766/EC – imports of bivalve molluscs and fishery products Decision 2011/163/EU – imports of aquaculture products (b) Approved establishments - https://webgate.ec.europa.eu/sanco/traces/output/FFP_TR_en.pdf (c) Fishery products exported to the EU must be accompanied by a health certificate; (d) On arrival in the EU, the animal products and the accompanying certificates must be verified and checked by EU official veterinarians at a designated Border Inspection Post (BIP) 2. April 2013, Belgrade

14. General hygiene rules Regulation EC/178/2002 lays down that: - Food imported into the Community is to comply with the general requirements laid down in this Regulation or to satisfy rules that are equivalent to Community rules; - Establishes the European Food Safety Authority; - Establishes a Rapid Alert System for the notification of a direct or indirect risk to human health deriving from food or feed; - There are two kinds of RASFF notifications: market notifications and border rejections 2. April 2013, Belgrade

15. General hygiene rules Rules for the hygiene and controls of foodstuffs, including aquaculture animals and their products intended for human consumption, are laid down in: Regulation 852/2004 On the hygiene of foodstuffs; Regulation 853/2004 Specific hygiene rules for food of animal origin (incl. Requirements on the structure of vessels, factory and freezer vessels, landing sites, processing establishments and on operational processes, storage and transport of fishery products, production areas of live bivalve molluscs); Regulation 854/2004 Specific rules for the organisation of official controls on products of animal origin intended for human consumption (incl. Rules for official controls of production and placing on the market of fishery products, requirements for certificates accompanying imports) 2. April 2013, Belgrade

16. General hygiene rules Regulation 852/2004 On the hygiene of foodstuffs requires that: As regards the hygiene of imported food, Articles 3 to 6 of this Regulation applies: - General obligation to satisfy the relevant hygiene requirements (layout, design, construction, etc.), - General and specific requirements (compliance with microbiological criteria, temperature control requirements, sampling and analysis, etc.); - Hazard analysis and critical control points, - Official control, registration and approval 2. April 2013, Belgrade

17. General hygiene rules Regulation 853/2004 requires that: The Competent Authority has registered establishments carrying out only: - Primary production - Transport operations - The storage of products not requiring temperature- controlled storage conditions -Retail operations The Competent Authority has approved all other establishments handling products of animal origin (except those mentioned above) 2. April 2013, Belgrade

18. General hygiene rules Regulation 853/2004 defines that import of animal origin products takes place only if: - The third country of dispatch appears on a list of third countries from which imports of that product are permitted - The establishments from which that product was dispatched, and in which it was obtained or prepared, appears on a list of establishments from which imports of that product are permitted (https://webgate.ec.europa.eu/sanco/traces/output/FFP_TR _en.pdf) - In the case of live bivalve molluscs, echinoderms, tunicates and marine gastropods, the production area appears on a list 2. April 2013, Belgrade

19. General hygiene rules The products coming from aquaculture must comply with: Commission Decision 2003/858/EC laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (intended for farming, restocking, human consumption, further processing, immediate consumption and different health certificate models); The animal health conditions governing the placing on the market of aquaculture animals and products are defined in Directive 2006/88/EC (traceability, health certification, declaration of disease free zones, etc.) Countries should have approved residue monitoring plans (Council Directive 96/23/EC) 2. April 2013, Belgrade

20. Traceability Regulation EC/178/2002 lays down the general principles and requirements of food law (ec.europa.eu/food/food/foodlaw/index_en.htm), defines traceability as a compulsory rule in order to trace and follow food, feed and ingredients through all stages of production, processing and distribution, and it is a cornerstone of the EU’s food safety policy; Traceability is a risk-management tool which allows food bussiness operators or authorities to withdraw or recall products which have been identified as unsafe 2. April 2013, Belgrade

21. Traceability Food business operators are required to document: - Name, addresses of supplier and identification of products supplied, - Name, address of direct recipient and identification of products delivered, - Date and, where necessary, time of transaction/delivery, - Volume, where appropriate, or quantity 2. April 2013, Belgrade

22. Traceability Aquaculture production businesses must keep a record of: (a) all movements of aquaculture animals into and out of the farm or molluscs farming area; (b) the mortality in each epidemiological unit; (c) results of the risk-based animal health surveillance scheme 2. April 2013, Belgrade

23. Traceability When aquaculture animals are transported, transporters must keep a record of: (a) mortality during transport; (b) farms, mollusc farming areas and processing establishments visited by the means of transport; (c) any water exchange during transport, in particular the sources of new water and site of release of water All movements of animals recorded by the aquaculture business operators should be done in such a way that the tracing of the place of origin and destination can be guaranteed 2. April 2013, Belgrade

24. Traceability The traceability provisions do not have an extra- territorial effect outside the EU. This requirement covers all stages of production, processing and distribution in the EU, namely from the EU importer up to retail level, excluding supply to the final consumer If exporters from 3rd countries are required to fulfill this requirement, such requests are part of contractual arrangements with the trading partners and not requirements established by the Food law The guidance document is available on the website of DG Health and Consumer Protection: http://europa.eu/comm\food\food\foodlaw\guidance\i ndex_en.htm 2. April 2013, Belgrade

25. Rapid Alert System Regulation EC/178/2002 establishes: - A Rapid Alert System for the notification of a direct or indirect risk to human health deriving from food or feed; -It is a tool to enable the quick and effective exchange of information between MS and the EC http://ec.europa.eu/comm/food/food/rapidale rt/members_en.htm 2. April 2013, Belgrade

26. Rapid Alert System An ‘alert notification’ or ‘alert’ is sent when a food, feed or food contact material presenting a serious risk is on the market and when rapid action is or might be required in another country than the notifying country. Products subject to an alert notification have been withdrawn or are in the process of being withdrawn from the market 2. April 2013, Belgrade

27. Rapid Alert System An ‘information notification’ concerns a food, feed or food contact material for which a risk has been identified that does not require rapid action, e.g. because the food or feed has not reached the market or is no longer on the market (of other member countries than the notifying country) 2. April 2013, Belgrade

28. Rapid Alert System A ’border rejection notification’ concerns a consignment of food, feed or food contact material that was refused entry into the Community for reason of a risk to human health and also to animal health or to the environment if it concerns feed 2. April 2013, Belgrade

29. Rapid Alert System Any information related to the safety of food and feed products which has not been communicated as an alert or an information notification, but which is judged interesting for the control authorities, is transmitted to the members under the heading ‘News’ 2. April 2013, Belgrade

30. Rapid Alert System Prohibited substances or ingredients Unauthorised substances or ingredients Exceeding of legal limits (microbiological, chemical/residues, histamine) Unauthorised establishment for food of animal origin Unauthorised novel food / GM food Physical risk (foreign bodies) Incorrect labelling implying health risk Other risk based on risk assessment 2. April 2013, Belgrade

31. Rapid Alert System In 2010, a total of 3,358 original notifications were transmitted through the RASFF, of which 592 were classified as alert, 1,188 as information and 1,578 as border rejection notifications; Alert notifications were about the presence of pathogenic microorganisms, heavy metals, allergens and mycotoxins; Concerning fishery products the most reported were cases concerning: - Anisakis parasites in chilled and frozen fish (61 notification), - Listeria monocytogenes in smoked salmon and frozen pangasius (57 notifications), - Escherichia coli in live bivalve molluscs (32 notifications) 2. April 2013, Belgrade

32. Rapid Alert System EC publishes a weekly summary of the notifications; https://webgate.ec.europa.eu/rasffwindow/portal /index.cfm?event=notificationsList&StartRow=100 1 In case of import, CA of the country of origin has to make a full investigation and report back to the EU on their results and corrective measures to avoid recurrences 2. April 2013, Belgrade

33. Import controls 1.Documentary check: examination of health certificate 2. Identity check: visual inspection to confirm consistency between documents and products 3.Physical check: check on the product itself (organoleptic control, packaging, temerature). This may include sampling and laboratory testing. 2. April 2013, Belgrade

34. Triangular trade Triangular trade occurs when third country`s products are transported from third country to another third country for storage before being re-exported to the EU at a later date. Fish have to be stored in an EU approved facility and at the time of re-export to the EU have to be accompanied by a sanitary sertificate 2. April 2013, Belgrade

35. Duties and trade measures The overall average of EU duties for Chapter 3, 1604 and 1605 is 17,2% Tariff range goes from 0% (live eels) to 25% (canned macrel, bonito and anchovies) Different mechanisms to reduce duties, overall tariff average is reduced to around 3 to 4% Duty free schemes (ACP countries) 2. April 2013, Belgrade

36. Duties and trade measures Autonomus quotas (Council Regulation 1062/2009) are opened on a yearly basis. Minimum prices Anti dumping/safeguard measures 2. April 2013, Belgrade

37. The requirements in the EU From CFP -Council regulation 2406/96 common marketing standards D. Products from third countries, Article 11 1. products as specified in Article 3 imported from third countries may be marketed only if they are presented in packages on which the following information is clearly and legibly marked: - country of origin, printed in Roman letters at least 20 mm high, - scientific name of product and its trade name, - presentation, - freshness and size categories, - net weight in kilograms of products in the package, - date of grading and date of dispatch, - name and address of consignor.

38. Labelling rules Fishery products are subject to the general labelling rules for foodstuffs, as well as general labelling rules for fishery products and specific labelling rules for certain fishery products subject to harmonised marketing standards Regulation 2065/2001- rules for the application of Regulation 104/2000 regarding informing consumers about fishery and aquaculture products marketed within the Community, irrespective of their origin 2. April 2013, Belgrade

39. Labelling rules In accordance with general rules for foodstuffs the labelling must include the following: - Name under which the product is sold; - List of ingredients; - The quantity of certain ingredients or categories of ingredients expressed as a percentage; - The net weight; - The date of minimum durability or “best before”, or ”the use by” date; - Any special storage conditions or conditions of use; - The name or business name and address of the manufacturer or packager; - Lot marking 2. April 2013, Belgrade

40. Labelling rules The lot is defined by the processor in order to trace a product history in case of problem. It can be the production date. For example: L2110B15 may mean L=Lot 2=2012 110= day of production B15=production line number 2. April 2013, Belgrade

41. Labelling rules /Consumer information EU regulation 2065/2001 …as regards to informing cosumer about fishery and aquaculture products - Catch area/production place - Production method - Name of product CN 03 products, not for CN 16 products 08.04.2011, Sarajevo

42. Voluntary requirements Fish sustainability information schemes - promote sustainable fisheries & aquaculture - enable informed cosumer choice in seafood purchasing Gaining market share But without offering higher prices to offset additioal costs 08.04.2011, Sarajevo

43. Thank You! 2. April 2013, Belgrade