Recent news in international trade in food

(This article is in part courtesy of Food Lawyers Network)

Animal health – and more
Regulation (EU) 2016/429 on transmissible animal diseases is amending and repealing certain acts in the area of animal health. The Regulation is complemented by Delegated Regulation (EU) 2020/692 and both entered into force on 21/4/2021. The importance of the law laid down in these animal health Regulations reaches far beyond the world of vets, pets and other animals. Its commencement date has been set to coincide with the coming into force of a whole series of rules on official controls on food, feed and agricultural and fishery products overall. As of this change, the paperwork for EU trade with third countries changes considerably. This deserves the due attention of all stakeholders in the food and feed business. Composite products are a particular example, but almost all aspects of agri-food trade are affected.

Positive lists – countries exporting food to the EU
Newly issued:
Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 lays down the lists of third countries, territories or zones thereof from which the entry into the EU of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and the Council. Commission Implementing Regulation (EU) 2021/405 of 24 March 2021 lays down the lists of third countries or regions thereof authorised for the entry into the EU of certain animals and goods intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council, as amended by Commission Implementing Regulation (EU) 2021/606.

IMSOC reorganised – electronic paperwork in this area as well
The IMSOC Regulation and IMSOC are further explained in the links. IMSOC stands for Information Management System for Official Controls. Commission Implementing Regulation (EU) 2021/547 of 29 March 2021 amends Implementing Regulation (EU) 2019/1715 as regards procedures for the establishment and use of ADIS and EUROPHYT, the issuance of electronic animal health certificates, official certificates, animal health/official certificates and commercial documents, the use of electronic signatures, and the functioning of TRACES, and thus repeals the earlier Decision 97/152/EC.

Model certificates – Implementing Acts counting hundreds of pages in the Official Journal
IA Food, IA Aqua, and IA Terre – together nearly 1,500 pages of text in the Official Journal – and its model certificates – now need to be acknowledged and applied:

‘IA Food’: Commission Implementing Regulation (EU) 2020/2235 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC. ¹

‘IA Aqua’: Commission Implementing Regulation (EU) 2020/2236 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates for the entry into the Union and movements within the Union of consignments of aquatic animals and of certain products of animal origin from aquatic animals, official certification regarding such certificates and repealing Regulation (EC) No 1251/2008. ²

‘IA Terre’: Commission Implementing Regulation (EU) 2021/403 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates and model animal health/official certificates, for the entry into the Union and movements between Member States of consignments of certain categories of terrestrial animals and germinal products thereof, official certification regarding such certificates and repealing Decision 2010/470/EU. ³ These acts are already amended by Commission Implementing Regulation (EU) 2021/617 and Commission Implementing Regulation (EU) 2021/619.

Import requirements
Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption was recently amended by Commission Delegated Regulation (EU) 2021/573.

Checks at Border Control Posts (BCPs)
Commission Implementing Regulation (EU) 2021/608 of 14 April 2021 amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council Commission Delegated Regulation (EU) 2021/630 of 16 February 2021 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of goods exempted from official controls at border control posts and amending Commission Decision 2007/275/EC. ⁴

Commission Delegated Regulation (EU) 2021/632 of 13 April 2021 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products, composite products, and hay and straw subject to official controls at border control posts, and repealing Commission Implementing Regulation (EU) 2019/2007 and Commission Decision 2007/275/EC. ⁵

EU approval of first insect as Novel Food
On 3 May, the Standing Committee on Plants, Animals, Food and Feed (Novel Food and Toxicological Safety section), which is composed of representatives of all EU countries and chaired by a European Commission representative issued a favourable opinion on the draft legal act authorising the placing on the market of dried yellow mealworm as a novel food.

The term yellow mealworm refers to the larvae of the beetle Tenebrio molitor.

This novel food is intended to be used as a whole, dried insect in the form of snacks or as a food ingredient in a number of food products.

<sup>1. OJ L 442 of 30/12/2020, p. 1, amended by Commission Implementing Regulation (EU) 2021/617 (OJ L 131 of 16/4/2021, p. 41) and Commission Implementing Regulation (EU) 2021/619 (OJ L 131 of 16/4/2021, p. 72)
2. OJ L 442 of 30/12/2020, p. 410) ), amended by Implementing Regulation (EU) 2021/617 and Implementing Regulation (EU) 2021/619
3. OJ L 113 of 31/3/2021, p. 1, amended by Commission Implementing Regulation (EU) 2021/619
4. OJ L 132 of 19/4/2021, p. 17
5. OJ L 132 of 19/4/2021, p. 24</sup>