Changes to the rules for movement of composite products from GB to NI/EU from 21 April 2021

The rules for moving composite products from GB to NI/EU will change with the introduction of new EU Animal Health Regulations on the 21st April 2021.

Defra has published further information about the new Animal Health Regulations and composite rules and FAQs to help traders and certifiers.

What is a composite product?

Composite products are foodstuffs containing both products of plant origin and processed products of animal origin.

In accordance with Regulation (EC) No 853/2004, the composite products must be manufactured with processed products of animal origin produced in EU-approved establishments located either in EU Member States or in third countries authorised for the entry into the European Union of those processed products of animal origin.

Summary of the changes and when they will apply?

The rules for movement of composite products from GB to NI will change with the introduction of new EU Animal Health Regulations (AHR) on the 21st April 2021.

The new rules introduce new Export Health Certificates (EHC) for some composite products and for other composite products, exempt from EHCs, new documentation will now be required.

Not all changes take immediate effect on 21 April as there are transition arrangements in place. However for other composite products, the new rules will apply from 21 April without transition. More information is available here.

DAERA has published guidance on changes to the rules for movement of Composite Products from GB to NI from 21^st April 2021.

This guidance provides an overview of the changes and when they will apply, information for Authorised Traders, details of the changes to the categorisation of composite products, the documentation required and details of other composite products containing fish or High Risk Food Not of Animal Origin (HRFNAO).

Authorised Traders and Movement of Composite Products

Businesses on the Authorised Trader list that are moving composite products from GB to NI will not be required to complete new composite EHCs or private attestations until the relevant phase of compliance comes into effect post 01 Oct 2021. In the meantime, STAMNI (Scheme for Temporary Agri-food Movements to Northern Ireland) declarations will meet the requirements for movement of composites.

However, all such goods moved from GB to NI by Authorised Traders must comply with the regulatory requirements for production of composite products.

Update on Shelf-Stable Composite Products Containing Dairy

The European Commission has confirmed it is amending the AHR to allow businesses to use a private attestation to export shelf-stable composite products containing dairy that has not undergone UHT or sterilisation, so long as the dairy product originates and is processed in a third country listed for the export of dairy to the EU, such as GB.

As the legislative amendments will not be in place by 21 April 2021 when the new Regulation applies, the Commission has agreed an interim arrangement.

The importer, completing the private attestation, may delete Point 10 of Part II of the attestation (which relates to the dairy heat treatment requirement) if:

dairy products are listed as ingredients in point 4 (all processed products of animal origin and ingredients of plant origin are required to be listed by weight and percentage and can be listed on an attached schedule if required) of Part II of the attestation and;
the country code inserted in box 1.7 of Part I of the attestation, is that of a third country listed for the export of dairy products to the EU without risk mitigating treatment (such as GB).

Defra has provided further information here.

Changes to EU Legislation on High-Risk Food Not of Animal Origin (HRFNAO)

On Wednesday 05 May 2021, Article 11 of Commission Implementing Regulation 2019/1793 on High-Risk Food Not of Animal Origin was further updated.