Importing fishery products or bivalve molluscs

EU legislation lays down conditions for the import of fishery products and bivalve molluscs.

Each consignment that you import must:

• come from an EU-authorised exporting country and be accompanied by appropriate signed health certification
• come from EU-approved fishery product premises or approved bivalve mollusc production areas
• enter the EU through an officially designated Border Inspection Post where veterinary/hygiene checks are carried out by an Official Fish Inspector

Public Health conditions for the production and placing on the market of fishery products and bivalve molluscs are laid down in Council Regulation 852/2004 on the hygiene of foodstuffs and Council Regulation 853/2004 laying down specific hygiene rules for food of animal origin.

Some authorised exporting countries are only allowed to export either fishery products or bivalve molluscs. It is therefore important to know under which category your product falls.

Within the European Union, food which has been placed on the market is regarded as being in free circulation, which means that for fishery products and bivalve molluscs they must be derived from an approved establishment and comply with the relevant hygiene rules. These rules for the production and placing on the market, are laid down in Council Regulation 852/2004 on the hygiene of foodstuffs and Council Regulation 853/2004 laying down specific hygiene rules for food of animal origin.

Under Regulation 853/2004, it is a requirement that consignments of fishery products and bivalve molluscs display an identification mark in accordance with Annex II, which applies to most products of animal origin. The identification marking for consignments of fishery products and bivalve molluscs from other EU Member States must consist of the State abbreviation and the establishment approval number set in an oval mark. It should also include the abbreviation CE, EC, EF, EG, EK or EY (see Annex II Section I (B) (8) of Regulation 853/2004).

To confirm that the EU establishment supplying you is fully approved for the export of fishery products or bivalve molluscs, see the European Commission website.

Health certification for these products is not required and under the conditions of free circulation the products do not need to enter through a Border Inspection Post (BIP). However, under food law, any product being placed on the market must be fit for consumption and it is therefore the responsibility of food business operators in the UK to ensure that products from other Member States do not pose a health risk to the general public. It is therefore likely that the destination food business operator (the UK-based food premises), using its own discretion, will carry out a system of own checks under a predefined HACCP (food safety management) plan to ensure that the hygiene standards are being met.

In Regulation 853/2004 fishery products are defined as:

• all seawater or freshwater animals (except for live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods, and all mammals, reptiles and frogs) whether wild or farmed and including all edible forms, parts and products of such animals

Under this definition a fishery product would include crustaceans (such as prawns, lobsters, crayfish, crabs and shrimps), all cephalopods (such as octopus, squid and cuttlefish) and aquaculture products (such as farmed salmon, trout, prawns or shrimps), but not mammals such as whales.

Fishery products that have been processed, undergone a chemical or physical process (such as heating, smoking, salting, dehydration or marinating), been cooked, tinned or frozen, or made from a fishery product (such as a crab stick) must meet equivalent EU legislated hygiene standards. These standards cover handling, processing, storing and transporting fishery products.

Fish oils for human consumption fall within the scope of the fishery products definition but presently they are subject to transitional conditions. For new developments on the status of fish oils for human consumption see the Fishery Information Note issued on 14 December 2006 (FIN/05/2006) at the link below.

In Regulation 853/2004 bivalve molluscs are defined as:

• filter feeding lamellibranch molluscs

However, in addition to bivalve molluscs the regulations apply the same conditions to tunicates, echinoderms and marine gastropods, setting criteria for production areas, harvesting, transportation, relaying and purification. If your product(s) contains any of these then you should check that the exporting country is authorised.

The following list indicates some of the species these categories cover:

• Bivalve molluscs include oysters, mussels, clams, cockles and scallops
• Tunicates include sea squirts
• Echinoderms include sea urchins and sea cucumbers
• Gastropods include whelks, winkles and abalone

Since these species are either filter feeders or feed exclusively on filter feeders they are susceptible to picking up and accumulating toxins or bacteriological contaminants from their environment. If these products are contaminated and eaten there could be a risk to human health. Therefore these species can only be commercially harvested from approved production areas, which are monitored to ensure they meet the toxin and microbiological criteria.

EU authorisation of an exporting non-EU country is based on a classification system where countries are classified as List I or List II for exports of fishery products or bivalve molluscs or both. These lists are set out and updated by Commission Decision. Commercial consignments must come from one of the countries on these lists and, where necessary, derive from approved food production and handling establishments in authorised non-EU countries.

List I countries are non-EU countries that have been issued with specific conditions for importing fishery products or bivalve molluscs into the EU following a visit by the EU Commission to establish whether standards of hygiene are equivalent to those required within the EU. The standards reviewed by EU inspectors cover harvesting, handling, treatment, packaging, transport and storage of consignments intended for human consumption.

For all non-EU countries that have met equivalent EU hygiene standards, the EU Commission publishes a list of that country’s approved establishments or bivalve mollusc production areas.

Details of List I countries and approved establishments and production areas from which the import of fishery products and live bivalve molluscs is authorised can be found on the European Commission website at the link below.

• List I: Third country establishment list

Step-by-step guide to importing from List I countries
For more information about each List I country and Commission requirements for exporting fishery products or bivalve molluscs to the EU, the model health certificate needed and any further import restrictions, see further guidance (pdf document).

List II countries are non-EU countries that are either those that have not yet been visited by EU Commission inspectors or those still subject to some outstanding hygiene requirements. To facilitate the continuation of trade until an inspection visit has taken place or compliance guarantees received, provision has been made for an EU Member State, such as the UK, to establish bilateral agreements with those List II countries wanting to export to their country. Any non-EU country entering into such an agreement must provide the Member State with a list of their approved establishments or production areas and guarantees that these meet equivalent EU hygiene controls.

The UK has a number of bilateral arrangements in place, which are effective from 1 October 2004. A list of these bilateral countries and their approved establishments for fishery products and bivalve mollusc production areas from which exports to the UK for human consumption have been authorised can be found at the links below.

Non-EU countries not on one of the authorised lists, or that are on List II but do not have a bilateral agreement with the UK, cannot export fishery products or bivalve molluscs to the UK.

Approved fishery establishments in List II countries:

• Approved fishery establishments in Azerbaijan
• Approved fishery establishments in Eritrea
• Approved fishery establishments in Israel
• Approved fishery establishments in Myanmar
• Approved fishery establishments in St Helena

Approved live bivalve mollusc establishments in List II countries:

• Approved live bivalve mollusc establishments in Canada
• Approved live bivalve mollusc establishments in US

Step-by-step guide to importing from List II countries
For more information about each List II country and Commission requirements for exporting fishery products or bivalve molluscs to the EU, the model health certificate needed and any further import restrictions, see further guidance (pdf document).

Transhipment to other Member States
It is important to be aware that the EU Commission has advised that consignments of fishery products and bivalve molluscs entering a EU Member State under a bilateral trade agreement should not be sent on to other Member States as not all Member States have the same bilateral agreements. Consignments entering the UK and subsequently sent to other Member States risk being rejected and returned to the UK, or possibly destroyed.

Any Member State that intends to forward a List II country fishery product or bivalve molluscs consignment to another Member State, after its entry into the UK, should discuss their intention beforehand with the UK Border Inspection Post (BIP) and the competent authority of the target Member State.

See contact details for UK Border Inspection Posts on the Association of Port Health Authorities website.

All imports arriving from countries outside the EU are subject to veterinary checks: documentary, identity and physical checks at the BIP. Prior notification of an intended arrival is required. A charge will be made for all mandatory random checks required by EU legislation, the cost of which is borne by the importer. Failure to comply with regulations may result in consignments being returned to the non-EU country or being destroyed by incineration at the cost of the importer.

For information about veterinary checks, prior notification of BIPs, charges and failed consignments see the Controls at point of entry into the UK section.

Composite products

A composite product is a foodstuff that contains both processed animal products and products of plant origin and where the processing of the primary product is essential to the production of the final foodstuff.

Information for importing composite products containing fish or fishery products, or bivalve molluscs can be found at the link below.

In addition,see Fishery Information Note FIN/10/2007 issued to industry stakeholders on 22 October 2007.

Food supplements (which are packaged for the final consumer) containing glucosamine, chondroitin, or chitosan, do not need to be imported through a Border Inspection Post and are not subject to veterinary checks.

Occasionally certain fishery products or bivalve molluscs and their import conditions from non-EU countries require special attention to ensure that food safety standards are maintained and public health is protected.

The Standing Committee of the Food Chain and Animal Health (SCoFCAH), which consists of representatives of EU Members States and is chaired by the EU Commission, meets monthly to consider any situations in non-EU countries where their exports may compromise the public health of Member States.

Where risks to public health are identified, safety measures are agreed by SCoFCAH. Commensurate with the committee's decision, the Commission issues EU-wide measures, which may include possible import restrictions or potential changes to import conditions for fishery products from regions outside the EU.

In line with this the Food Standards Agency is committed to keeping industry and other interest parties informed when food safety measures or legislative conditions change. Notifications issued since 10 October 2006 can be found at the links below.

Fishery Information Notes (FINs) issued

If you require any further information, please contact:

Imported Food Helpline
tel: 020 7276 8018
Email: imported.food@foodstandards.gsi.gov.uk