The Department of Quality, Processing and Market Development (MARD) provides information on the necessary regulations for seafood exporters to meet European requirements.
Key markets for seafood imports require the control of the competent authority of the exporting country to ensure food safety. To meet these requirements, the authorities of the exporting country must have their capacity assessed and recognized, along with the preparation of a list of qualified export processing facilities. Each export shipment will be appraised, sampled for testing and issued a food safety certificate.
Compliance with the EU’s high food safety regulations for imported seafood is a major challenge. Vietnam’s seafood shipments are often warned about antibiotic chemicals by the EU Central Committee. Vietnam has also not overcome the “yellow card” for seafood in the Program to Combat Illegal, Undeclared and Unregulated Fishing (IUU).
The requirements for accreditation of facilities in the chain by the EU are very strict, currently only processing facilities and cold storage facilities are included in the list. The food safety conditions of establishments also do not fully meet EU regulations.
In addition, strict requirements for imported products (in terms of certificates, chain control), especially the requirement that tuna products soaked in brine are only used for the canned food industry, causing additional difficulties for exporting businesses.
Some specific requirements
The EU has recognized Vietnam’s seafood food safety control system and the Department of Quality, Processing and Market Development (NAFIQPM) as Vietnam’s competent authority in controlling seafood exported to the EU. Establishments in the export seafood production and business chain must be inspected and recognized as eligible for food safety assurance and meet EU regulations. At the same time, these facilities must be listed to be able to export to the EU. Each shipment exported to the EU is appraised, sampled for testing and issued a food safety certificate in accordance with the provisions of Circular 48/2013/TT-BNNPTNT of the Ministry of Agriculture and Rural Development (amended and supplemented in Circulars 32/2022/TT-BNNPTNT).
Some specific requirements for exporting seafood to the EU market are:
Farmed seafood: Must be developed, implemented and recognized by the EU National Monitoring Program on antibiotic chemical residues in farmed seafood.
The program for monitoring bivalve mollusks (NT2MV) into the EU must be developed, implemented and recognized by the EU as safe and sanitary in the harvest area.
Annually, the competent authority of the exporting country must report to the EU on the results of the implementation of the Monitoring Program; periodically, the EU authority will go to inspect the development and implementation of the Program.
The EU authority requires a separate list for establishments producing frog thighs, snails, gelatine/collagen from aquatic ingredients.
Request to make a list with all establishments participating in the chain: procurement establishments, preliminary processing, cold storage, processing establishments, freezing ships, processing ships.
Regulations on anti-IUU fishing.
Regulations on general conditions for ensuring food safety.
Regulations on general conditions for food safety assurance
Regulation (EC) No. 178/2002 sets out the general principles and basic requirements of food law and the obligations of the food business in the EU. This regulation includes preventive measures, food safety guidelines, emergency measures, labelling requirements, transparency, recalls and traceability, as well as the responsibilities of food business establishments (FBOs) and the Rapid Alert System for Food and Feed (RASFF).
This regulation emphasizes transparency, with public consultation on decisions related to food safety. Article 18 regulates traceability, requiring each food product to be traced one step before and one step later in the supply chain. If a problem is discovered, the product must be recalled immediately. EU member states are responsible for enforcing the law and monitoring compliance with these requirements, ensuring that they are fully implemented.
Risk assessments in this regulation are based on available scientific evidence and must be carried out in an independent, objective and transparent manner.
Regulation (EC) No. 852/2004 on food hygiene sets out requirements for equipment design, staff training, water quality, record keeping, pest control, use of chemicals, HACCP (Hazard Analysis and Critical Control Point System), and waste disposal. This regulation applies to all stages of the food and feed chain, from production to consumption.
Food traders must comply with food hygiene obligations, including the application of good hygiene practice normative guidelines and HACCP principles. Food businesses must be registered and approved, and must comply with the import control regulations set out in (EC) No. 178/2002.
Regulation (EC) No. 178/2002, also known as the EU General Food Law, sets out general principles and requirements for food safety, including prevention, emergency measures, labeling, transparency, recalls, and traceability, along with the responsibilities of food business establishments (FBOs) and the RASFF rapid alert system. The law establishes general principles and obligations for the food business, and stipulates that the EU’s food safety authority will ensure transparency through public consultation.
One of the key requirements of the regulation is traceability, which requires establishments to be able to determine the origin of food one step before and one step later in the supply chain (Article 18). When a problem occurs, unsafe products must be recalled. EU member states will enforce the law and monitor and verify that these requirements are fully implemented.
Risk assessments are carried out based on available scientific evidence and are carried out in an independent, objective and transparent manner.
Regulation EC 852/2004 on food hygiene sets out requirements for equipment design, staff training, water quality, record keeping, pest control, use of chemicals, HACCP and waste disposal. This regulation applies to all stages of the food and feed chain, emphasizing the obligation of food traders to ensure hygiene.
Food traders must follow the guidelines, good hygiene practices, and HACCP principles. All facilities must be registered and approved. Import control is carried out in accordance with EC regulation 178/2002. This regulation also includes appendices with hygiene rules specific to production.
EC Regulation 853/2004 establishes specific sanitary rules for foods of animal origin, including rules for aquatic products. This regulation clearly defines “unprocessed” and “processed” products, and requires facility approvals and approvals to ensure that only approved facilities are allowed to bring products to the market.
Products must have an identification code and comply with special requirements for sanitary conditions, including live NT2MV products, aquatic products, frog thighs and snails, collagen and gelatine, as specified in the annexes of the regulation.
These regulations help ensure that food products imported into the EU meet high standards of food safety and hygiene, protect consumer health, and maintain the product’s reputation in the international market.
EC Regulation 2073/2004 regulates microbiological criteria for food and EC Regulation 1441/2007 amends EC Regulation 2073/2004. These regulations set out specific microbiological standards that food must comply with to ensure consumer safety.
Regulation (EC) 1881/2006 establishes limits on pollutants such as heavy metals, dioxins, and others. EC Regulation 2021/1323 amending EC 1881/2006 relates to the maximum level of Cadmium in food and EC 2022/617 amending EC 1881/2006 relates to the maximum level of mercury in fish. Accordingly, the mercury content in fish ranges from 0.3 to 1.0 mg/kg depending on the type of fish, and the mercury content in salt is at 0.10 mg/kg.
Regulation (EC) 333/2007 regulates the method of sampling and analysis of processed contaminants in food, namely lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene. Regulation (EU) 2017/644 regulates the method of sampling and analysis of dioxins and PCBs.
Regulation (EC) 470/2009 establishes the maximum residue limit (MRLs) of veterinary drug products in foods of animal origin, and EC Regulation 396/2005 establishes MRLs for pesticides. Regulation 37/2010 establishes a list of substances that are prohibited and permitted for use in foods of animal origin.
EC Regulation 1333/2008 regulates the management and use of additives and processing aids in food. This regulation sets specific standards for food additives such as colorants, thickeners and flavorings.
EC Regulation 1169/2011 regulates food labeling information. The mandatory information on the label includes: the name of the product (including trade name and scientific name), ingredient list, information about allergies, genetically modified foods, origin, net weight, expiration date, EU approval number and batch identification.
Some new EU regulations on seafood imports
The EU has renewed its state control system with the “Smarter rules for safer food and plant health” initiative to improve the efficiency and safety of food and plant health controls. Three background regulations have been promulgated including the OCR State Control Regulation: (EU) 2017/625; AHR Animal Health Regulation: (EU) 2016/429; PHR Plant Health Regulation: (EU) 2016/2031.
From 14/12/2019, most of the provisions of OCR and PHR have come into effect. From April 21, 2021, the AHR officially takes effect.
Regulation (EU) 2017/625 ensures the implementation of food and livestock legislation, expands the scope and harmonization of regulation for animal products, live animals, plants and high-risk foods of non-animal origin. This regulation replaces Regulation 882/2004, Regulation 854/2004, Directives 96/23/EC, 97/78/EC and 91/496/EC. According to Article 127(3) of this regulation, establishments wishing to export to the EU must be listed.
The Management Information System for State Control (IMSOC) has been established to manage information related to state control.
Regulation (EU) 2019/625, as amended by Regulation 2022/2292, sets out import conditions for shipments of products of animal origin such as seafood, NT2MV and composite products, applicable from 21 April 2021.
Regulation (EU) 2019/627 as amended by Regulation 2022/2503, sets out the requirements for the implementation of controls over NT2MV (Articles 51-65) and fisheries control measures (Articles 67-71).
In addition, the requirements for composite products are also specified in EC Regulations No. 2019/625 and 2020/692. Composite products are food products whose ingredients contain both plant-based products and processed products of animal origin, as defined in Article 2 of EU Regulation 2019/625. The corresponding HS codes include: 1601, 1602, 1603, 1604, 1605, 1901, 1902, 1905, 2004, 2005, 2103, 2104, 2105, 2106.
The classification of composite products is based on public health and animal health risks, not on the percentage of animal-derived components as before, as stipulated in Articles 162 and 163 of Regulation 2020/692. There are three main types:
Non-shelf-stable composite products: Products that are stored/transported under temperature-controlled conditions, in accordance with Article 12 of Regulation 2019/625.
Shelf-stable composite products contain meat in the composition: The product does not require temperature control when storing/transporting.
Shelf-stable composite products do not contain meat in the composition
Some conditions for exporting composite products are that the production facility must be on the list recognized by the EU. If the product contains meat, dairy products, eggs, and products derived from them, it must be manufactured from a country and facility recognized for export by the EU (including residue programs, disease control, etc.) according to the list in Regulation 2021/405 and 2022/2293.
Shelf-stable composite products that do not contain processed meat must contain processed products of animal origin other than processed meat and be heat treated in accordance with EU regulation 2020/692.
The import control process includes a series of steps to ensure food safety and compliance with applicable regulations. First, the documents that come with the shipment will be thoroughly checked. Next, identity checks are performed to ensure the certificate or documents match the product. Finally, the product will be inspected directly, including packaging inspection, temperature, sampling, and testing. After completing the above steps, a conclusion on the test results will be given.
Source: logistics.gov.vn
