Cross-border trade
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- Tasks in the field of foodstuffs
- Cross-border trade
General dispositions according to §54 of the German Food and Feed Code (LFGB)
The EU Treaty stipulates the principle of free movement of goods. This means that all foodstuffs which are legally on the market in a member state of the European Union may be imported into and marketed in other member states even if they do not comply with the national rules in force there.
Source: Hartmut Mester / pixelio.de
Section 54 of Germany’s Food and Feed Code (LFGB) places a restriction on this principle of free movement of goods, in so far as products which do not comply with legal provisions enacted and applicable in the Federal Republic of Germany for protection of health, may only be marketed if their marketability has been confirmed by a general disposition published in the Federal Gazette.
The BVL issues general dispositions upon an application, unless there are compelling reasons to the contrary, as regards health protection. This question is checked by the BVL. For this purpose, the BVL involves scientific assessments by other authorities, such as the Federal Institute for Risk Assessment. The applicant must provide all necessary documentation.
In contrast to exemption permits according to § 68 LFGB, general dispositions published in the Federal Gazette apply to all importers of products with identical composition from member states of the European Union and contracting states of the Agreement on the European Economic Area. The precondition is, however, that the respective product is legally on the market in the country of origin or has been legally manufactured there (i.e. in accordance with the legal provisions applicable in the country of origin).
General dispositions according to § 54 LFGB can be accessed via the link below.
Establishments approved for manufacturing and trading foodstuffs
Many establishments that manufacture and market foodstuffs, namely such of animal origin, are subject to official approval. Establishments which have been approved by the competent authorities of the Bundesländer (Germany’s states) are entered in a database entitled “Lists of establishments approved for trade in foodstuffs of animal origin pursuant to Regulation (EC) No 853/2004 (BLtU database)” or, as appropriate, in a “List of establishments approved for trade in foodstuffs of non-animal origin pursuant to Regulation (EC) No 852/2004 (sprout-manufacturing establishments)”. These lists are published at the website of the BVL. They show each establishment’s address, assigned approval number, and operations approved with regard to specified animal species.
The approval number forms part of the identification mark which a manufacturing establishment places on its product. So, using the lists, you can relate a product to the establishment which manufactured or last handled it.
The lists of approved establishments are permanently revised and provide an up-to-date survey to all parties interested in the manufacture and trade of foodstuffs, including consumers.
Corresponding lists of approved establishments in other EU member states and in third countries exporting foodstuffs of animal origin into the EU are provided at the website of the European Commission.
The lists mentioned here above and information on the identification mark can be accessed by the links shown at the bottom of this page.
Customs offices and Border Control Posts (BCPs)
The BVL keeps a list of customs offices and designated Border Control Posts and of certain exit points where live animals and goods are certified for import, export, or transit, and publishes this list in the Federal Gazette (Bundesanzeiger).
Increased official controls and emergency measures on imports of certain goods
The Official Controls Regulation (EU) 2017/625 has also harmonised rules for official controls on imports into the EU. Animals and goods imported into the Union that are subject to official controls at border control posts are regulated in Article 47(1).
The entry of food and feed of non-animal origin into the Union which is subject to increased controls is regulated by Implementing Regulation (EU) 2019/1793. This Regulation has been in force since 14 December 2019, replacing the previously valid Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660.
Annexes I and II to Regulation (EU) 2019/1793 list food and feed of non-animal origin from certain third countries which are temporarily subject to increased level of attention and control at EU borders.
The objectives of the regulations are:
- to collect data to better assess the extent of the risk;
- to encourage manufacturers and importers to eliminate the problems in order to place only faultless goods on the market;
- to protect consumers from faulty goods.
Risks include contamination by mycotoxins, including aflatoxins, pesticide residues, other undesirable substances and microbial contamination.
Minimum requirements for border control posts and control points (other than border control posts) are laid down by Article 64 of Regulation (EU) 2017/625 in conjunction with Implementing Regulation (EU) 2019/1014.
The border control posts correspond to the points of entry previously designated in accordance with Article 5 of Regulation (EC) No 669/2009.
The BVL keeps lists of border control posts and control points in Germany which are responsible for the intensified checks on products of non-animal origin or at which the checks can be carried out.
Corresponding lists with border control posts and control points in other European Member States are available on the Internet site of the European Commission.
The corresponding lists can be accessed via the links below.
Cross-border notifications of infringements
Cross-border notifications of infringements are needed when food control authorities in Germany determine that a foodstuff originating from another EU member state or a third country may pose a risk to human health, or otherwise does not comply with legal requirements. It may also be that a non-compliant foodstuff from Germany has been distributed abroad. In such cases, the BVL acts as a liaison body with competent authorities in the countries of origin (or destination, as it may be), forwarding them all present information on the non-compliant foodstuff (laboratory results, official reports etc.). The measures eventually taken in these countries are communicated back to the BVL, which again relays this information to the German state food control authorities who originally notified the case.
Likewise, the BVL is the contact point when German foodstuffs are subject to complaint in other member states or third countries. The BVL receives notifications of infringements and forwards them to the competent authority of the federal state where the foodstuff was manufactured. On the way back, the BVL communicates the measures taken in this case to the member state or third country that raised the complaint.
