European Commission s message

Transcription

1 European Commission s message We refer to the questions raised below by the Swedish colleagues on the scope/product coverage of Regulation (EU) No 1337/2013. We also copy our colleagues from DG AGRI on this . As a preliminary remark, we would like to note that the scope/product coverage of Regulation (EU) No 1337/2013 for the purposes of mandatory origin labelling is defined by Article 26(2)(b) of Regulation (EU) No 1169/2011 on the provision of food information to consumers (FIC Regulation) read together with Annex XI thereto. Therefore, Regulation (EU) No 1337/2013 applies to all foods that fall within the following CN codes, as referred to Annex XI to the FIC Regulation: 0203: meat of swine, fresh, chilled or frozen 0204: meat of sheep or goats, fresh, chilled or frozen Ex 0207: meat of the poultry of heading 0105, fresh chilled or frozen. As such, the definitions of meat, meat preparations, meat products, etc. mentioned in the FIC Regulation and which refer to the definitions provided in Regulation (EC) No 853/2004 on the hygiene of foodstuffs of animal origin are not relevant for the determination of the product coverage of Regulation (EU) No 1337/2013. To make the appropriate classification, one should instead look closely to Commission Implementing Regulation (EU) No 1101/2014 amending Annex I to Council Regulation (EEEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (Combined Nomenclature). If the products concerned fall within the applicable CN codes, mentioned in Annex XI to the FIC Regulation, in accordance with Commission Implementing Regulation (EU) No 1101/2014, then they fall within the scope of Regulation 1337/2013 and origin labelling is mandatory. I. Classification of salted meat The Swedish authorities refer to a specific example of fresh pigs meat and frozen poultry meat have been injected with water, dextrose or maltodextrin, a small amount of salt and one or more food additives, before being put on the market. On the issue of additives or where the meat is injected with dextrose or maltodextrin, we cannot take a position as we need to know more before a classification is being made. We will therefore focus on the issue of salt. In that respect, we would like to note the following:

2 The presence of salt covers both the salt naturally present as well as the added salt. Salted swine is covered by subheadings to Similarly, salted sheep and goat is covered by subheading In that respect, additional note 7 to Chapter 2 of the Combined Nomenclature provides as follows: "[f]or the purposes of subheadings to , the term meat and edible meat offal, salted or in brine means meat and edible meat offal deeply and homogeneously impregnated with salt in all parts and having a total salt content by weight of 1,2 % or more, provided that it is the salting which ensures the long-term preservation. For the purposes of subheading , the term meat and edible meat offal, salted or in brine means meat and edible meat offal deeply and homogeneously impregnated with salt in all parts and having a total salt content by weight of 1,2 % or more." Therefore, meat of swine, sheep and goat is deeply and homogeneously impregnated with salt in all parts and has a total salt (naturally present or added) content by weight of 1.2% or more falls outside the scope of CN codes 0203 and 0204 and therefore origin is not mandatory pursuant to Regulation 1337/2013. Similarly, poultry deeply and homogeneously impregnated with salt in all parts and having a total salt (naturally present or added) content by weight of 1.2% or more would fall within the CN code and therefore origin would not be mandatory pursuant to Regulation 1337/2013. Finally, meat of swine, sheep/goat and poultry injected with water would also fall within the CN codes 0203, 0204 and ex 0207 respectively and as such it would be subject to mandatory origin labelling pursuant to Regulation 1337/2013. In a nutshell: The sole criteria for considering what falls within the scope of Regulation 1337/2013 are the criteria of the Combined Nomenclature. Salted meat falls outside the scope of Reg 1337/2013 when (a) total salt content (naturally present or added) is equal or more to 1.2 % and (b) the meat concerned is deeply and homogeneously impregnated with salt in all parts.

3 II. Classification of meat offal The Swedish authorities have also raised the issue of the classification of meat offal and whether meat offal is covered by Regulation 1337/2013. In that respect, we would like to note the following: Edible offals of swine, sheep and goats fall within the scope of CN 0206, and therefore outside the scope of Regulation 1337/2013. In such a case, origin is not mandatory. Edible offals of poultry are covered by CN code However, given that Annex XI to the FIC Regulation refers to ex 0207 and clarifies that it only covers meat of the poultry of heading 0105, fresh, chilled or frozen, without mentioning offal, offal of poultry falls outside the scope of Annex XI to the FIC Regulation and Regulation 1337/2013. Consequently, origin is not mandatory. # In a nutshell: Offal falls outside the scope of Regualtion 1337/2013 (and therefore, no mandatory origin to foie gras, for example). Questions from the Swedish authorities Subject: Questions on the application of Regulation (EU) No 1337/ scope of meat origin labelling and products that are covered Dear all, With reference to the FIC Working Group on 20 March, Sweden welcomes the opportunity to submit questions on the application of Regulation (EU) No 1337/2013. The Swedish National Food Agency (NFA) would much appreciate your views on which products that are intended to be covered by the scope of the Regulation. Our analysis, after an extensive exchange with a classification expert at the Swedish Board of Customs, is that not just fresh meat, as defined in Regulation (EC) No 853/2004, falls within the CN codes listed in Annex XI of Regulation (EU) No 1169/2011.

4 Those CN codes also include some meat preparations. We are however not sure if every other product falling within the CN codes listed in Annex XI to Regulation (EU) No 1169/2011 or just fresh meat falling within the codes are intended to be covered by the scope of Regulation (EC) No 1337/2013. The Swedish meat industry has clearly stated that its, and the EU meat industry s opinion is that only fresh meat, as defined in Regulation (EC) No 853/2004, is covered by the scope of Regulation (EU) No 1337/2013 and that the purpose of the reference made to the Combined Nomenclature is to define from which animals the covered products originate. The NFA is however not convinced that the rules in question should be applied in such a way. Especially since reference has been made to meat falling within certain CN codes in Chapter 2 of the Combined Nomenclature, not to meat from animals falling within certain CN codes in Chapter 1 of the Nomenclature. According to Article 2(1)(f) in FIC the following definitions shall apply: meat, mechanically separated meat, meat preparations, fishery products and meat products in points 1.1, 1.14, 1.15, 3.1 and 7.1 of Annex I to Regulation (EC) No 853/2004. The definition of fresh meat, point 1.10, shall however not be applied and the term ( fresh meat ) has not been used in Regulation (EU) No 1169/2011 nor in Regulation (EU) No 1337/2013. When used in the Combined Nomenclature, the term meat shall however be understood as described in the HS General Explanatory Note to Chapter 2 of the Nomenclature. As initially mentioned, the Swedish Board of Customs is of the opinion that the CN codes referred to in Annex XI to Regulation (EU) No 1169/2011 cover some meat preparations, as defined in Regulation (EC) No 853/2004. According to Article 26(2)(b) in Regulation (EU) No 1169/2011 (FIC) indication of the country of origin or place of provenance shall be mandatory for meat falling within the Combined Nomenclature ( CN ) codes listed in Annex XI to the Regulation. In Annex XI to the Regulation the following CN codes, with corresponding descriptions, are listed: CN codes Description (Combined Nomenclature 2010) 0203 Meat of swine, fresh, chilled or frozen 0204 Meat of sheep or goats, fresh, chilled or frozen Ex 0207 Meat of the poultry of heading 0105, fresh, chilled or frozen

5 The meaning of Ex has not been defined or explained through FIC. When used in other EU legislation it s usually explained that Ex means that only certain products under a CN code are covered by the provisions of the legislation in question. According to Article 1 of Regulation (EU) No 1337/2013 the Regulation lays down rules on the indication of the country of origin or place of provenance on the label of fresh, chilled and frozen meat of swine, meat of sheep or goats and meat of poultry, falling within the respective Combined Nomenclature codes listed in Annex XI to Regulation (EU) No 1169/2011. As already been mentioned, CN code 0207 covers meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen. Edible offal is however not mentioned in the description of the CN code Ex 0207 in Annex XI to FIC. The NFA has therefore concluded that edible offal of poultry falls outside the scope of Regulation (EC) No 1337/2013. Other products (meat) falling within the CN codes 0203, 0204 and 0207 appear however to be covered by the scope of the Regulation. It s of great importance that every doubt concerning the intended scope of Regulation (EC) No 1337/2013 is obviated as soon as possible as such doubts may affect intra-eu trade. Just as an example it can be mentioned that in Sweden most fresh pig meat and frozen poultry meat have been injected with water, dextrose or maltodextrin, a small amount of salt and one or more food additives, before being put on the market. Such products constitute meat preparations, but will under certain circumstances fall within the respective CN codes listed in Annex XI of Regulation (EU) No 1169/2011. That is, according to the Swedish Board of Customs, the case when the taste of the preparation hasn t been clearly affected as a result of the injection and the salt content is below 1,2 %. These meat preparations look like fresh meat, share the properties of fresh meat, consist of 80-95% fresh meat and are being used in the same way as fresh meat by the consumers. They may however not be sold as fresh meat. Shall the indication of the country of origin or place of provenance be mandatory for such products and every other product falling within the CN codes listed in Annex XI to Regulation (EU) No 1169/2011 or just to fresh meat falling within the codes? We would very much favour a common harmonised approach and are looking forward to hearing from you soon in this matter which is of concern for the application of the implementing act on origin labelling from 1 April this year.