New EU Rules from 21 April 2021
From 21 April 2021, if your composite product is shelf stable and contains no meat, a private attestation will need to be completed by the importer in the EU or Northern Ireland when your product is exported to the EU, or moved to Northern Ireland.
Composite products that are not shelf-stable, or that contain meat, require an Export Health Certificate.
Composite products subject to BCP/PoE checks and requiring a private attestation
· The private attestation does not have to be signed by an Official Vet (OV) or Food Competent Certifying Officer (FCCO) and must be prepared and signed by the importing food business operator in the EU/NI.
o The EU/NI importer or agent should provide the original private attestation to the EU Border Control Post (BCP)/NI Point of Entry (PoE)
o The EU importer will require a declaration from the exporter of the composite products. This declaration will need to attest that the dairy products and egg products contained in the composite products have undergone the required heat treatment. There is no set model for providing this declaration and it does not have to be signed by an OV or an FCCO.
Composite products subject to risk-based destination checks and requiring a private attestation
· Shelf-stable composite products not containing processed meat and listed in legislation (including bread, pasta, olives, sweets) are exempt from BCP/PoE checks, provided the products meet all of the following requirements:
o Any dairy and egg products in the product have been subjected to the required heat treatment (currently UHT or Sterilisation equivalent)
o They are identified/labelled as intended for human consumption
o They are securely packaged or sealed
· The private attestation must be prepared and signed by the importing food business operator in the EU/NI and must be available with the product at the point it is placed on the EU market.
· The EU/NI importer will need the same exporter declaration regarding the heat treatment of the dairy and/or egg components of the product as they would if the product was subject to BCP checks.
Heat treatment of dairy
Shelf-stable composite products containing no meat require the private attestation under the EU rules introduced from April 2021. This attestation requires the dairy and egg content to meet specified heat treatment requirements. For the dairy elements of the product, this is limited to treatment at least equivalent to UHT or sterilisation.
The EU have recognised that this poses a challenge for the ongoing export of shelf stable composite products containing pasteurised dairy and no meat (e.g. certain chocolate). It is their intention to update their guidance ahead of 21 April. We understand this update will enable these products to be exported using the private attestation so long as the dairy element of the composite product originates from and has been produced in a third country listed for the export of dairy to the EU, such as GB.”