EU Legislation

The EU's Common Market Organization for Fishery and Aquaculture Products is an integral part of the Common Fisheries Policy with the following objectives:

  Establish marketing standards (quality, packaging and labeling)
  Establish producers and interbranch organizations
  Create price support mechanisms (withdrawal and storage)
  Establish a regime for trade with third countries (tariff suspensions and quotas)

EU Import Policy

In April 2004, the EU adopted the so-called “hygiene package” laying down new general rules for the production of all food and specific rules for products of animal origin, including fishery products and bivalve mollusks.  Imported products must comply with the new rules that entered into force on January 1, 2006. 

Third countries from which the EU authorizes imports of fishery products and bivalve mollusks are classified into two categories.  The first category consists of the so-called “fully-harmonized” countries that have been audited by an EU inspection team and for which a specific decision has been taken under Council Directives 91/492/EEC (directive on production standards for mollusks) and 91/493/EEC (directive on production standards for fishery products).  The second category consists of “pre-listed” countries whose control systems have not yet been inspected by the EU. 

The U.S. is included in the list of "fully-harmonized" countries for imports into the EU of fishery products (Commission Decision 2006/200/EC).  For imports of bivalve mollusks, the U.S. is included in the "pre-listed" category because it has not yet been audited by an EU inspection team.

Although Directives 91/492/EEC and 91/493/EEC on the health conditions and placing on the market of live bivalve mollusks and fishery products have been repealed by the EU’s new hygiene rules, certain implementing rules adopted on the basis of these directives still apply.  Article 4, point 3 of Directive 2004/41/EC allows the continuation of certain provisions pending the adoption of the necessary provisions established by the new hygiene rules.

Certification

Exporting countries must have a competent authority that is responsible for official controls throughout the production chain.  Imports of seafood into the EU are subject to official certification based on the EU’s recognition of the third country’s competent authority.  In the U.S., both the Food and Drug Administration and the National Oceanic & Atmospheric Administration (National Marine Fisheries Service) have the authority to issue health certificates.  The National Oceanic & Atmospheric Administration (National Marine Fisheries Service) and the Animal & Plant Health Inspection Service have the authority to issue animal health certificates.  Each shipment must be accompanied by a certificate using the model provided by:

1) For fishery products of aquaculture origin either intended for retail, providing they comply with the rules applying to packaging and labeling laid down in Regulation 853/2004: Consignments shall be accompanied by the public health attestation defined in Commission Decision 2006/199/EC laying down specific conditions for imports of fishery products from the United States of America.

2) For fishery products of aquaculture origin when originating from fish and crustaceans, other than those mentioned in paragraph 1 above: Consignments shall be accompanied:
- by the public health attestation defined in Commission Decision 2006/199/EC laying down specific conditions for imports of fishery products from the United States of America, and  
- by the animal health part of the certificate defined in Appendix IV to Annex VI to Commission Regulation 1664/2006 amending Regulation 2074/2005 as regards implementing measures for certain products of animal origin intended for human consumption and repealing certain implementing measures.

3) For fishery products other than those mentioned in paragraph 1 and 2 above: Consignments shall be accompanied by the public health attestation defined in Commission Decision 2006/199/EC laying down specific conditions for imports of fishery products from the United States of America.

4) For processed bivalve molluscs belonging to the species Acanthocardia Tuberculatum: Consignments shall be accompanied:
- by the public health attestation defined in Commission Decision 2006/199/EC laying down specific conditions for imports of fishery products from the United States of America, and
- by the additional public health attestation defined in Appendix V to Annex VI part B of Commission Regulation 2074/2005 as last amended by Regulation 1664/2006.

5) For live bivalve molluscs, echinoderms, tunicates and marine gastropods intended for retail, providing they comply with the rules applying to packaging and labeling laid down in Regulation 853/2004:

Consignments certified prior to 31 October 2007 and imported into the Community until 31 December 2007 shall be accompanied by the public health attestation defined in Commission Decision 96/333/EC establishing health certification of live bivalve molluscs, echinoderms, tunicates and marine gastropods from third countries which are not covered by a specific decision, and

Consignments certified after 31 October 2007 shall be accompanied by the public health attestation of the public health and animal health certificate defined in Appendix V to Annex VI to Commission Regulation 2074/2005 as last amended by Regulation 1664/2006.

6) For live bivalve molluscs, echinoderms, tunicates and marine gastropods intended for human consumption, other than those mentioned in paragraph 5 above:

Consignments certified prior to 31 October 2007 shall be accompanied: 
- by the public health attestation defined in Commission Decision 96/333/EC establishing health certification of live bivalve molluscs, echinoderms, tunicates and marine gastropods from third countries which are not covered by a specific decision, and
- as regards live bivalve molluscs and marine gastropods by the animal health part of the certificate defined in Appendix V to Annex VI to Commission Regulation 2074/2005 as last amended by Regulation 1664/2006.

Consignments certified after 31 October 2007 shall be accompanied by the joint public health and animal health certificate defined in Appendix V to Annex VI to Commission Regulation 2074/2005 as last amended by Regulation1664/2006.

7) For molluscs, their eggs and gametes for further growth, fattening, relaying :
Consignments shall be accompanied by the corresponding animal health certificate defined in Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption.

8) For live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin:
Consignments shall be accompanied by the corresponding animal health certificate defined in 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.

The European Commission has published a working document "Guidelines for the interpretation of Decisions 2003/804/EC (mollusks) and 2003/858/EC (fish) on harmonized certificates for the import of aquaculture animals from third countries" (January 11, 2005). 

Controls 

Imports of fishery products from third countries must enter the EU via an approved Border Inspection Post.  Directive 97/78/EC, as amended, lays down principles for veterinary checks on products of animal origin imported from third countries.  Inspections of consignments include:  documentary check (health certificates), identity check (visual inspection to ensure consistency between certificates and product) and physical check (inspection of the product itself).  Commission Regulation 136/2004 lays down procedures for veterinary checks at Community border inspection posts on products imported from third countries.   Non-complying products will either be destroyed or, under certain conditions, re-dispatched within 60 days.  The EU’s new regulation on food and feed controls, Regulation 882/2004, supplements Directive 97/78/EC and requires additional official controls to verify compliance with aspects of food law that are not covered by Directive 97/78/EC.  For more information see GAIN report E34023 “Food and Feed Controls”.
 

Reports

Detailed information on the EU's Common Fisheries Policy, import requirements, labeling, certification, tariffs and trade is provided in the USEU Annual Fishery Products Report and in the Exporter Guide "How to export seafood to the EU" (National Oceanic and Atmospheric Administration). 

Other FAS reports: 

Annual Reports: Belgium-Luxembourg, Denmark (2006), France (2006), Germany (2006), Italy (2006), Netherlands, Portugal (2006), Spain, Sweden, United Kingdom (2006)

Eco-Labeling Schemes for Fisheries Products (GAIN Report E35221-November 2005)

Bulgaria | Bulgarian Fish Imports Update  (August 2007)
Poland: Fishery Products Update (June 2007)
Czech Republic: Fish and Seafood Market Brief (April 2007)
Slovakia: Fish and Seafood (April 2007)

- An archive of EU and Member State reports is available at http://www.fas.usda.gov/scriptsw/attacherep/default.asp.
 

Links

European Commission - Fisheries DG
Fishery Products links - FAS Online
Food and Drug Administration - Seafood and Fisheries Information
National Oceanic and Atmospheric Administration
FAO - Fisheries

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