7. Importation Requirements
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7. Importation Requirements
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General Foods
Germany
This section provides information on the importation process (shipment, customs, licenses required, and test requirements).
7.1 Shipment Declaration
Food importation follows the regulations and procedures established at the EU Community level.
The ENS, Entry Summary Declaration is defined in Article 5(9) of the Customs Code of the Union [1] as "the act by which the customs authorities are informed, in the manner, form and time limit laid down in the regulations, of the entry of certain goods into the customs territory of the European Union”.
This declaration, prior to the introduction of goods into the Union, allows security controls to be carried out, based on risk criteria defined by common agreement by all the Member States, thus ensuring their harmonized application.
The ENS must be presented in Germany when the first point of entry into the customs territory of the EU is located in German territory and must include all goods transported in the active means of transport entering this territory, regardless of whether their final destination is inside or outside the customs territory of the Union.
7.2 Customs Procedure
For composite products (foodstuffs containing both products of plant origin and processed products of animal origin e.g. mayonnaise containing egg or savory/sweet sauce containing dairy ingredients or honey) not containing meat, a Private attestation established in Annex V of Commission Implementing Regulation No 2020/2235 [2] is required.
For composite products containing meat ingredients, an Official certificate established in Chapter 50 of Annex III of Commission Implementing Regulation No 2020/2235 is required at the border (please see screenshot on the side).
Attestation and Official certificate must be prepared and signed by the representative of the importing food business operator when presented at the BCP.
For processed products containing only plant-origin ingredients, there is no attestation nor certificate required at the EU border, unless they present a safety risk and are listed in Commission Implementing Regulation 2019/1793 [3], please refer below to Tests for importation for further details.
A database listing the non-EU countries' authorized establishments is available [4].
7.3 Manufacturing License
N/A
7.4 Test for Importation
As per article 47 (1)(b) of Regulation 2017/625 [5], when shelf composite products (foodstuffs containing both products of plant origin and processed products of animal origin e.g. mayonnaise containing egg products or savory/sweet sauce containing dairy ingredients or honey) are imported in the EU, a control in EU border control posts (BCP) will apply, unless the product presents a lower safety risk as defined in Annex to Commission Delegated Regulation 2021/630 [6]. Relevant attestation and certificate must be submitted at the BCP.
When processed products based on only plant-origin ingredients are imported into the EU, they are not subject to control at the EU border at BCP, unless they present a safety risk and are listed in Commission Implementing Regulation 2019/1793 [7]. Article 12 of this Regulation requires the EU Commission to review the lists set out in the Annexes on a regular basis, not exceeding six months.
There is no specific test needed to support the importation process, and the test result will not be asked at the EU border. However, it is the responsibility of the food business operator to ensure due diligence measures are in place and documented in Hazard Analysis and Critical Control Point (HACCP) or food safety management systems, in order to mitigate the risk in food. Please refer to Section 8 of this guidebook - Safety Parameters - for further details.
7.5 Other Notes or Requirements for Importation
An official website for the import of goods is available [8]. It presents the process for importing goods to the EU, and it is relevant for food as well.
For importing composite products (sauce/syrup containing processed ingredients of animal origin and plant origin), an official webpage with a question and answer is available [9].
7.6 Overview Flowchart for Importation Process
N/A
7.7 References
1. Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code
https://eur-lex.europa.eu/legal-content/ES/ALL/?uri=CELEX:32013R0952
2. Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 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
https://eur-lex.europa.eu/eli/reg_impl/2020/2235/oj
3. Commission 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
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R1793-20220703
4. Database listing the Non-EU countries authorized establishments
5. Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products
https://eur-lex.europa.eu/eli/reg/2017/625/oj
6. Commission Delegated Regulation 2021/630 as regards certain categories of goods exempted from official controls at border control posts
https://eur-lex.europa.eu/eli/reg_del/2021/630/oj
7. Commission Implementing Regulation (EU) 2019/1793 of 22 October 2019 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 and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660
8. EU website for import of goods
https://trade.ec.europa.eu/access-to-markets/en/content/guide-import-goods
9. EU entry conditions for composite products
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