Exporting Seafood to the European Union Boston Seafood Show March 12, 2012 Stéphane Vrignaud
2 Summary IUU Legislation EU health import requirements Other issues
3 IUU Legislation Principle : To stop imports of illegally caught fish, Who: All EU and third countries fleets engaged in fishing, Regulation 1005/2008, last amended by Reg. 86/2010, covers the IUU framework, A Catch certificate is provided with all imports from 3 rd countries,
4 Where are we ? U.S. – EU Agreement signed on November 2009. Very light U.S. specific catch certificate (no reference to catching vessel…), Recognition of electronic certification by the EC. The EU will review the IUU framework regulation by 2013 Lobby to amend list of species covered by the IUU legislation.
5 The Catch Certification Scheme : All marine fishery products traded with the EC, including processed products, shall be accompanied by validated catch certificates, Appropriate flag State authority of the fishing vessel(s) which made the catches will validate the catch certificate, The validation must certify that the catch was made in accordance with applicable laws, regulations and international conservation and management measures.
6 Who does what ? NOAA SIP issues: Catch certificate, Annex IV for non U.S. origin but products further processed in the U.S. Article 14.1 attestation for non U.S. origin products not further processed in the U.S. Operators are responsible for: Transport details, EU importer declaration.
8 Some tips Regulations 1005/2008, amended by Regulation 86/2010 is the only legal document, The IUU Handbook is not a legal document, U.S. catch certificates are electronic. No original paper is provided, NOAA signature is digital, no handwritten signature.
12 Some basics NOAA took certification over from FDA (June 17, 2009) New fishery and aquaculture product health certificate in place since June 15, 2011 Very vague EU implementing rules… EU legislation regarding veterinary controls (Directive 97/78/EC) is not harmonized amongst member states. A Directive is a law binding on the Member States as to the result to be achieved, but the choice of method, through transposition into National law, is their own.
14 More Basics… Dont ship before U.S.-EU list is in force ! Certificate must be dated BEFORE or the same day as bill of lading. No batching allowed!!! Box I.7 Country of origin – see next slide Box I.8 Region of origin - only for live bivalve subject to regionalization (may be used for IUU purpose – DSFA related) Box I.18 please WCO full description of product ( raw Dogfish backs instead of raw backs )
15 Country of Origin Products from third country, stored in the U.S., with or without further processing and labeled as U.S. products. Box I.7 country of origin = USA Products from third country, stored in the U.S. without further processing but still bearing the label of the third country of origin. Box I.7 country of origin = 3 rd country of origin (not USA)
16 Processing Plant Box I.11 = PP CFN/FEI # Box I.28 may have same or different CFN/FEI # than I.11 Brokers Brokers CFN/FEI # in BoxI.11 Box I.28 same as I.11 per U.S.- EU Agreement
17 Listing Process The EU list is the only list of reference for EU BIPs: https://webgate.ec.europa.eu/sanco/traces/output/FFP_ US_en.pdf It takes at least 45 days to update the EU list once the new FDA list is communicated !
18 Labeling All packages (outer AND inner) should be properly labeled per Regulation 853/2004, Annex II, The minimum for inner package should be : Product of USA, Commercial name of product, Establishment approval number Freezing date should be mentioned on label when different from production/catch date (doesnt apply when dates are the same).
20 Triangular Trade The last country of dispatch (China, Japan, Korea) must issue the certificate But NOAA shall continue to issue either certificate of export or EU certificate for the first part of the journey, The third country of transit must issue an EU certificate, based on that U.S. certificate, even if no further processing occurred, Shipments must be stored in EU approved cold storage.
21 Scallops and Lobsters STP (tripolyphosphates) in fresh scallops not allowed per Directive 95/2/EC Only allowed in frozen and deep frozen scallops New additive legislation in place by June 2013 will maintain this rule. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Some German retailers (Lidl, Norma, Netto Stavenhagen und Penny) have decided to ban U.S. and Canadian lobsters for animal health concerns. Strong communication campaign needed!!!
22 Shellfish Equivalency Discussions EU ban of U.S. shellfish since July 2010, US-EU technical working groups are currently discussing, FDA audited the UK in April 2011. Still more audits to be performed in the EU EC and NOAA committed to reach the best possible agreement, EU towards adoption of Codex Code of Practice. Constant attention from the industry is needed.