International trade: Importer Information Notes - milk and milk based products (MILK IIN 12)
Importer Information Note on conditions of import for dairy products for human consumption (as defined by Commission Regulation (EC) No 853/2004)
Permitted imports
1. Raw milk products intended for human consumption from third countries or parts of third countries included in Column A of Annex I to Commission Decision 2004/438/EC.
Heat-treated milk, heat-treated milk-based products or milk-based products made from heat-treated milk intended for human consumption from third countries or parts of third countries included in column B (single pasteurisation) of Annex I to Commission Decision 2004/438/EC (see link above).
Heat-treated milk, heat-treated milk based products or milk-based products made from heat-treated milk intended for human consumption from third countries or parts of third countries included in column C (treatment more than single pasteurisation, which may include sterilisation or acidification) of Annex I to Commission Decision 2004/438/EC (see link above).
Please note that not all products containing milk will be caught by the definition of milk products in accordance with Regulation No (EC) 853/2004. You should contact the Imports Policy Branch if you have any doubts as to which definition applies.
The milk must:
- come from an approved third country;
- come from an EU approved plant;
- be accompanied by appropriate animal and public health certification.
Production standards
2. In order to be able to meet these requirements, the milk must have been produced in accordance with the conditions laid down in:
- Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption;
- Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety;
- Regulation (EC) No 852/2004 on the hygiene of foodstuffs;
- Regulation (EC) No 853/2004 laying down specific rules for food of animal origin;
- Regulation (EC) No 854/2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption.
More detailed information on the new hygiene legislation can be found on the Food Standards Agency - food hygiene legislation website.
Country of origin
3. Third Countries appropriately listed in the Annex to Commission Decision 2004/438/EC (see link above).
In addition, the country of origin must be listed for milk in Commission Decision 2004/432/EC, as amended on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC.
Animal and public health certificate
4. For dairy products for transit through/storage in the European Community, model certificate ‘milk-T/S’ should be used. [link to Decision 2004/438/EC]
Transit
For dairy products for transit through/storage in the European Community, model certificate ‘milk-T/S’ should be used - Decision 2004/438/EC.
- Note - for New Zealand:
The health certification is laid down in Commission Decision 2003/56/EC. Information on recognition of sanitary measures is available in Commission Decision 2006/854/EC.
- Note 2 - for Switzerland:
In accordance with the Decision 1/2006 products of animal origin from Switzerland no longer need to be accompanied by animal and public health certification except where exceptionally required for intra-community trade (eg in the event of a disease outbreak). Imports of milk products from Switzerland should be traded in accordance with intra-community trade rules - Decision 2007/61.
Animal and public health certificate
5. Each consignment must be accompanied by a certificate signed and stamped by a duly authorised veterinary officer of the competent authority of the exporting country:
- Raw milk products from third countries intended for human consumption from third countries or parts of third countries included in column A of Annex I to Commission Decision 2004/438/EC (model certificate ‘milk RMP’);
- Heat-treated milk, heat-treated milk-based products or milk-based products made from heat-treated milk intended for human consumption from third countries or parts of third countries included in column B of Annex I to Commission Decision 2004/438/EC (model certificate ‘milk-HTB’);
- Heat-treated milk, milk-based products made from heat-treated milk or heat-treated milk based products (treatment more than single pasteurisation, which may include sterilisation or acidification) from countries included in column C of Annex I to Commission Decision 2004/438/EC (model certificate ‘milk-HTC).
Identification mark
6. Dairy products referred to above must bear an identification mark in accordance with the requirements of Regulations (EC) Nos 853/2004 and 854/2004. The mark must be applied before the product leaves the establishment.
Veterinary checks
7. Consignments may only be imported through an approved EU Border Inspection Post (BIP). Following satisfactory checks at the BIP, consignments may then circulate freely within the EU.
A list of BIPs is available on the Defra website.
Consignments must be pre-notified in accordance with the Products of Animal Origin (Third Country Imports) Regulations, to the relevant BIP before arrival in the country, by completion of Part I of the Common Veterinary Entry Document (CVED) or by electronic means as agreed with the Border Inspection Post competent authority.
Caution
(i). Consignments presented for import at a Border Inspection Post (BIP) (see Section 7) must be accompanied by the original health certificate(s); faxed or photocopied certificates are not acceptable. The Official Veterinary Surgeon (OVS) will carry out veterinary checks (for which a charge will be levied) in accordance with EU legislation. On completion of these checks he will issue a CVED. The CVED should accompany the consignment to the first point of destination. The OVS will retain the original certification. Consignments checked in another Member State must be accompanied by a CVED issued from the point of entry into the Community.
(ii). Regulation (EC) No 882/2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules applies from 1 January 2006. These allow for additional checks to be made at the Border Inspection Post. Please contact the Port Health Authority/BIP of entry for further information.
(iii). Whilst every attempt is made to keep this information note current, import conditions may change and importers are responsible for checking the current status of the requirements. Safeguard measures which prohibit imports from countries affected by animal diseases or other public or animal health hazards can prohibit or restrict import at very short notice. Requirements can be checked on the Defra website.
Alternatively you can keep up to date with amendments to legislation by checking the Commission website.
Community legislation – consolidated texts
(iv). Consolidated texts are available which integrate the basic instruments of Community legislation with their amendments and corrections in a single, non-official document. Each consolidated text contains a list of all legal documents taken into account for its construction. Therefore a comparison with the data in the 'Directory of Community legislation in force' will allow you to easily check how up to date the consolidated text is.
Texts provided in this section are intended for information only. Please note that these texts have no legal value. For legal purposes please refer to the texts published in the 'Official Journal of the European Communities'.
(v). Importers should note that the information given relates only to animal health and public health and hygiene conditions of import. It does not give guidance on other conditions that may need to be met. The attached information sheet gives details of other organisations you may need to consult.
Contact for general information on import requirements
Animal Health Import Team,
Government Offices,
Beeches Road,
Chelmsford,
Essex
CM1 2RU
Tel: 01245 358383
E-mail: AHITchelmsford@animalhealth.gsi.gov.uk
Page last modified:
19 May, 2008
Page published: 11
July, 2005: