Foodexports from the European Union to Australia are not currently governed by any specific bilateral agreement, (1) although negotiations are underway for an agreement to facilitate the exchange of goods (and services), remove barriers and help businesses, especially smaller ones, export more. (2)
Trade relations in the agri-food sector are therefore still based on the European Union-Australia Partnership Framework (2009), (3) where the parties shared a commitment to promote openness in trade in agricultural, food and fish products, as well as to promote improved levels of food safety. Insight.
1) Food exports to Australia. Labeling
All foods marketed in Australia, including imported foods, must meet the requirements set forth in its Food Standards Code. (4) The Australian government has issued special guidelines on labeling requirements (5) where it specifies, among other things, that labels-which must be completed in English in compliance with the Food Standards Code – may also be affixed after the goods have been imported but must always state the country of origin of the imported food, according to the Country of Origin Food Labelling Information Standard (2016). (6)
Food labeling is subject to the requirements set forth in the Food Standards Code Sections below:
1.2.1 – Requirements to have labels or otherwise provide information,
1.2.2 – Information requirements – food identification,
1.2.3 – Information requirements – warning statements, advisory statements and declarations,
1.2.4 – Statement of ingredients,
1.2.5 – Date marking of food for sale,
1.2.6 – Directions for use and storage,
1.2.7 – Nutrition, health and related claims,
1.2.8 – Nutrition information requirements,
1.2.10 – Characterising ingredients and components of food.
Imported alcoholic beverages (> 1.15% vol), effective July 31, 2023, must add a pregnancy warning label on the label, in the graphic formats prescribed by the Australia New Zealand Food Standards Code (2020, 2023).
2) Official controls and penalties in Australia on imported food.
Imported Food Control Act
(1992)7 is intended to ensure compliance of imported foods with the safety and labeling requirements established in Australia. This legislation, in addition to defining the powers of the Australian Border Force (ABF), introduces importer-specific offenses. Who, even, can come stung with imprisonment of up to ten years-or a fine of up to 60 penalty units (8)-when the food for which he or she is responsible does not meet the requirements of Food Standards Code and Information Standard. Except where it has been made clear that goods are to be relabeled. (9)
Attention should also be paid to how the quantity of the food is indicated on the label. Prepackaged food products must meet the conditions set by the National Measurement Act 1960 (10) and the National Trade Measurement Regulations (2009), (11) compliance with which is entrusted to the National Measurement Institute (NMI). (12) The responsibility lies with packers, importers and sellers. NMI can in any case authorize some corrective actions such as re-labeling, to avoid food waste.
Biosecurity Import Conditions system
(BICON) also defines which categories of food can be exported to Australia or are subject to import conditions that may include supporting documentation, require processing and/or an import permit.
3) European Union, sanitation requirements and official certificates forexport
General Food Law
prescribes that all ‘food and feed exported or re-exported from the Community for placing on the market of a third country shall comply with the relevant provisions of food law, unless otherwise specified by the authorities of the importing country or otherwise provided by laws, regulations, standards, codes of practice and other legal and administrative procedures that may be in force in that country‘ (EC Reg. No 178/02, Article 12).
Animal Health Law
delegates EU member states to take appropriate measures to ensure that products of animal origin intended forexport comply with the provisions laid down for registration, recognition, traceability and movement to third countries of destination. (13) Subject to the existence of different legal-administrative provisions laid down by the competent authorities of the importing third country, or provisions in force in that country, which in that case apply instead of the Community regulations. (14)
Official Controls Regulation
(EU) No 2017/625 in turn provides for the issuance of an international veterinary certificate, by the competent national authorities, for the export of food also to third countries other than those where standard certificates are defined (Article 87.1.b).
4) Italy,export certificates
The Italian Ministry of Health has established a special procedure for the purpose of issuingexport certificates: (15)
– The person in charge of the establishment interested in receiving authorization for theexport to third countries must submit a special application to obtain the establishment’s inclusion in a special list, (16) following the procedures indicated in DGISAN Note 0023661-04/06/2018, (17,18) which supplements and partially replaces the requirements set forth in previous notes 33585/P and 8842/P. More exactly,
– the food business operator must submit an application for inclusion on the ‘export list’ (defined in Annex 1 to the above-mentioned note) to the veterinary service of the competent local health authority, in electronic format only (i.e., PEC), (19,20), with specific reference to an establishment and an ‘ exportlist’,
– the application must include the specific procedures for the individual third country and come with the required documentation for each third country,
– the veterinary service performs an inspection of the establishment, following verification of administrative requirements, to ascertain compliance with self-control requirements (e.g., GMPs, SSOPs, HACCP) and any additional requirements required by the third country where the goods are destined,
– in case of a favorable outcome, the local veterinary service sends the relevant documentation to the Ministry of Health (DGISAN, Office 2), which proceeds to evaluate and, in case of a positive opinion, to include the establishment in the appropriate ‘ exportlist’.
Perspectives
The European Union, its member states and Australia also signed in 2017, and confirmed in 2022, a wide-ranging framework agreement that lays the foundation for ‘establishing a strengthened partnership and promoting cooperation in a wide range of areas of mutual interest.’ This agreement also considers the areas of agriculture and rural development, as well as sanitary, phytosanitary and animal welfare issues. (21,22,23,24)
Our FARE team is available to agribusiness operators interested in marketing in the 27 EU countries and exporting their products to various countries around the world.
Dario Dongo and Andrea Adelmo Della Penna
Notes
(1) https://trade.ec.europa.eu/access-to-markets/it/non-eu-markets/AU
(2) https://policy.trade.ec.europa.eu/eu-trade-relationships-country-and-region/countries-and-regions/australia/eu-australia-agreement_en
(3) https://www.eeas.europa.eu/sites/default/files/partnership_framework2009eu_en.pdf
(4) https://www.foodstandards.gov.au/Pages/faq.aspx
(5) https://business.gov.au/products-and-services/product-labelling/food-labelling-and-imported-food
(6) Country of Origin Food Labelling Information Standard 2016. https://www.legislation.gov.au/Details/F2017C00920
(7) Imported Food Control Act 1992 https://www.legislation.gov.au/Details/C2021C00497
(8) Imported Food Control Act 1992, Division 1, Section 8A.
(9) https://www.abf.gov.au/importing-exporting-and-manufacturing/importing/how-to-import/requirements/labelling
(10) National Measurement Act 1960 https://www.legislation.gov.au/Details/C2021C00505
(11) National Trade Measurement Regulations 2009 https://www.legislation.gov.au/Details/F2019C00581
(12) https://www.industry.gov.au/national-measurement-institute
(13) Regulation (EU) 2016/429, Part IV (Articles 84-228)
(14) Reg. (EU) 2016/429, Art. 243(1),(2)
(15) https://www.salute.gov.it/portale/temi/documenti/veterinariaInternazionale/2023_05_10_certificato_generico_.pdf
(16) https://www.salute.gov.it/portale/temi/p2_6.jsp?lingua=italiano&id=1155&area=sicurezzaAlimentare&menu=esportazione
(17) https://www.salute.gov.it/portale/temi/trasferimento_EXPORT.jsp
(18) For Australia, see https://www.salute.gov.it/consultazioneStabilimenti/ConsultazioneStabilimentiServlet?ACTION=gestioneSingoloPaese&naz=AU
(19) If documents are requested to be attached to the application (e.g., floor plan, photographs), each must be identified individually, specifying the approval number of the establishment (CE EN XXXX) and attached to the application. The person responsible for preparing the documentation must also date and sign the attachments themselves
(20) In the event that the third country requests the originals of the documents, the food business operator FBO must instead send them to the competent office of the Ministry (General Directorate for Hygiene and Safety of Food and Nutrition, Office 2 – via Giorgio Ribotta, 5 – 00144 Rome), under penalty of invalidity of the request
(21) Council Decision (EU) 2017/1546 of September 29, 2016 on the signing, on behalf of the European Union, and provisional application of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part. http://data. europa.eu/eli/dec/2017/1546/oj
(22) Framework Agreement between The European Union and its member states, on the one hand, and Australia, on the other hand. http://data.europa.eu/eli/agree_internation/2017/1546/oj
(23) Council Decision (EU) 2022/1664 of September 2022 on the conclusion on behalf of the Union of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part. http://data. europa.eu/eli/dec/2022/1664/oj
(24) See Articles 15, 19, 50 of the Agreement.
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Food Technologies and Biotechnologies, qualified food technologist, he follows the research and development area. With particular regard to European research projects (in Horizon 2020, PRIMA) where the FARE division of WIISE Srl, a benefit company, participates.
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