Exporting Seafood to the European Union

Boston Seafood ShowMarch 12, 2012Stéphane Vrignaud

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Summary

IUU Legislation

EU health import requirements

Other issues

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IUU Legislation

Principle: To stop imports of illegally caught fish,

Who: All EU and third countries fleetsengaged in fishing,

Regulation 1005/2008, last amended by Reg. 86/2010, covers the IUUframework,

A Catch certificate is provided with all imports from 3rd countries,

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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.

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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.

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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.

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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.

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Useful links

DG MARE web site on IUU:http://ec.europa.eu/fisheries/cfp/illegal_fishing/info/index_en.htm

NOAA Fisheries office - European Union:Stephane.Vrignaud@trade.gov

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EU Regulatory Access

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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. “

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More Basics…

Don’t 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”)

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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 = 3rd country of origin (not

USA)

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Processing Plant

Box I.11 = PP CFN/FEI #

Box I.28 may have same or

different CFN/FEI # than I.11

Brokers

Broker’s CFN/FEI # in

BoxI.11

Box I.28 same as I.11 per U.S.- EU

Agreement

Labels must match !!!

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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 !

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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 (doesn’t apply when dates are the same).

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Some exceptions !

→ Decision 2006/199 (Article 5) “frozen fishery products in bulk and intended for further processing”,

→ Point 11 of Annex II or Reg. 853/2004 “fishery products in transport container or large package and intended for further processing” .

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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.

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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!!!

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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.

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THANK YOU