EC Highlights Brexit Legislation Changes
The European Commission has sent a notice to stakeholders in the UK to warn that after Brexit, at the end of March 2019, the UK will become a “third country” and preparing for the withdrawal is not just a matter for the EU and national authorities, but also for private parties, including those in the food sector.
“In view of the considerable uncertainties, in particular concerning the content of a possible withdrawal agreement, food business operators are reminded of legal repercussions, which need to be considered when the United Kingdom becomes a third country,” reads the EC’s announcement.
“Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, as of the withdrawal date, EU food law no longer applies to the United Kingdom. The legal consequences with regard to food placed on the EU-27 market as from the withdrawal date and coming from a third country (i.e. imported).”
This notice is also relevant for food coming from the Channel Islands and Isle of Man.
- Food Labeling and Food information, Health and Identification Marks
EU food law harmonizes the labeling of food placed on the EU market. The EU food labeling rules apply to all food placed on the EU market, independently of the place of production of the food. In some instances, EU food law may require the UK to make some changes on the labeling of food placed on the EU market due .
Examples include mandatory presentation of the origin of a food product, where the presentation refers to EU or non-EU; mandatory labeling of the name or business name and address of the EU-27 importer of food from the United Kingdom; mandatory health or identification marks according to Article 5 of Regulation (EC) No 853/2004. As of the withdrawal date the health mark or the identification mark shall no longer include the “EC” abbreviation, which is reserved for establishments located in the EU, but shall only include the name of the country (in full or with the ISO two-letter code) where the establishment is located.
Food business operators are advised to assess the need for possible changes to the labeling of food placed on the EU-27 market as of the withdrawal date.
- Food Ingredients, Food Composition, Contaminants and Residue Limits
According to EU food law, certain food must not be placed on the market unless it has been approved by the Commission (examples include food additives, food flavorings, smoke flavorings, vitamins and minerals used in food, including in food supplements and any novel food) or an individual applicant has obtained an authorization by the Commission (for example for genetically modified food).
Certain food is subject to specific composition requirements and EU food law sets limits for contaminants, and maximum residue levels of active substances. Food contact materials placed on the EU market and certain food contact materials are subject to rules and additional specific measures. EU law on food ingredients and food composition, as well as EU law setting limits for contaminants and residues in food, applies to all food placed on the EU market, independently of the place of production of the food. The same applies for food contact material.
- Requirements for Food Business Operators and Authorization Holders– or their representatives, is to be established in the EU; submission of EU authorization requests through an EU member state.
According to EU food law, in some instances the food business operators, authorization holders, or their representatives have to be established in the EU. For example, according to Article 4(6) of Regulation (EC) No 1829/2003 on genetically modified food and feed, the applicant for an EU authorization or his representative shall be established in the EU. As of the withdrawal date, establishment in the United Kingdom no longer complies with this requirement.
According to EU food law, in some instances EU authorizations require the submission of an authorization dossier through the competent authority of an EU member state.
As of the withdrawal date, applications through the competent authority of the United Kingdom are no longer possible.
- Food Production Rules/food hygiene rules, food irradiation, organic production EU food law sets rules for the production of food in the EU and in third countries, if this food is placed on the EU market. EU food law also provides for specific controls upon entry of food into the EU.
4.1. Food of animal origin
As of the withdrawal date, imports of food of animal origin from the UK into the EU-27 is prohibited, unless certain requirements are met.
Food business operators importing products of animal origin shall ensure that import takes place only if the conditions are respected. As of the withdrawal date, these substantial requirements are controlled upon entry into the EU-27 by applying mandatory border checks at the first point of entry into the Union territory.
4.2. Food of non-animal origin
Unlike for food of animal origin, the importation of food of non-animal origin is not subject to listing requirements of third countries and establishments. The EU member states shall carry out regular official controls on imported food of non-animal origin. Those controls are organized on the basis of the multi-annual national control plan and in the light of potential risks. The controls shall cover all aspects of the food legislation. In cases of known or emerging risk, EU rules providing an increased level of official controls at designated points of entry into the Union may apply.
4.3. Irradiated food
Food treated with ionizing radiation is regulated by EU law. As of the withdrawal date, the import of irradiated food from the UK into the EU-27 is prohibited, unless the irradiation facilities in the UK are “listed” by the Commission. For the “listing” of a third country, Article 9(2) of Directive 1999/2/EC applies.
4.4. Recycled plastic materials and articles intended to come into contact with food
According to EU law, authorization holders shall notify to the Commission manufacturing or recycling sites in third countries in which the authorized recycling process of plastic materials and articles takes place.
- Certificates for Organic Production
According to Regulation (EC) No 834/200754, only products satisfying the requirements of that Regulation can bear terms referring to the organic production method (e.g. organic, bio, eco, etc.) or the EU organic logo.
The control authorities and bodies of the EU Member States are responsible for issuing documentary evidence (certificates) to the operators necessary for placing such products on the EU market. For products placed on the EU-27 market as of the withdrawal date, the certificates issued by control authorities and bodies in the UK are no longer valid. The import of organic products from the UK will be subject to the rules laid down in Title VI of Regulation (EC) No 834/2007.