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EEC clarifies certain aspects of application of CU (EAEU) technical guidelines in the foodstuffs safety as the transitional periods expire in February 15, 2015

EEC clarifies certain aspects of application of CU (EAEU) technical guidelines in the foodstuffs safety as the transitional periods expire in February 15, 2015

27.01.15

As the transitional period for certain technical regulations of the Union in security of foodstuffs is due to be over on February 15, 2015, the Eurasian Economic Commission clarifies individual aspects of their application.

By Decision # 880 of CU Commission dated December 9, 2011 the Technical guidelines of CU 'On safety of foodstuffs ' were adopted and transitional periods for their implementation were established. The guidelines came into effect as of July 1, 2013 and are applied in CU member states (EAEU). 

In accordance with provisions of CU (EAEU) technical guidelines,'On safety of foodstuffs ' set forth a 'package' principle of establishing requirements in CU technical guidelines for safety of foodstuffs.

As per the relevant Decisions by CU Commission the term of transitional period for the following technical CU (EAEU) guidelines to be implemented is due to expire on February 15, 2015: 

- 'On foodstuffs security',

- 'The labelling of foodstuffs'

- 'Technical guidelines for juice products from fruits and vegetables',

- 'Technical guidelines for oil and fat products'

- 'On safety of grain ',

- 'Security requirements for food ingredients, flavour additives and technical processing aids'.

- 'On the safety of certain types of special foodstuffs including protective and therapeutic functional foods'

As per the Decisions by CU Commission and EEC Board, February 15, 2015 is the expiration date for documents on assessment (confirmation) for compliance with requirements set by legislative acts by Customs Union and Common Economic Space (CES) or legislation by CU and CES Member State issued or adopted in relation to the foodstuffs before July 1, 2013. 

Before February 15 of the current year the production and release into circulation of foodstuffs is permitted in compliance with mandatory requirements established earlier by CU legislation or CU Member States with provision of foodstuff assessment compliance (confirmation) documents , which had been issued or adopted before the mentioned Technical guidelines of CU came into effect (before July 1, 2013).

Foodstuffs released for circulation before February 15, 2015 with the provision of documents of assessment (confirmation) of foodstuff compliance issued or adopted in accordance with national legislation before July 1, 2013 is allowed for circulation at the territory of that CU and CES in compliance with which legislation the document of compliance has been issued or adopted within the product shelf life set in compliance with CU and CES Member State legislation.

Subparagraph 3.5 of Paragraph 3 of Decision #880 by CU commission dated December 9, 2011sets forth the types of foodstuffs (natural drinking mineral water; bottled drinking water; tonic beverages; food additives, integrated food additives, flavour additives, natural extracts as food additives and raw components, starter cultures of microorganisms and bacterial yeasts, technical processing aids including enzyme preparations; food products generated by genetically engineered microorganisms) subject to the state registration before February 15, 2015 in the order provided for by Clause 24 of CU Technical guidelines 'On safety of foodstuffs.' Pursuant to the sec. 5, paragraph 24 of the given Technical guidelines, the state registration has no expiration date.

Therefore, the state registration carried out before February 15, 2015 in relation to such foodstuffs and confirming its compliance with all technical CU guidelines applicable to it will be in effect after February 15, 2015 as well.

As for the assessment (confirmation) of the indicated types of foodstuffs except for those pertaining to the specialized food products and food products of new types, provisions of P.23 'Compliance declaration' of CU Technical guidelines 'On safety of foodstuffs ' apply after February 15, 2015.

Declaration of food products’ compliance with the requirements of the CU Technical guidelines ‘On Safety of Foodstuffs’ and the requirements of the CU Technical guidelines for certain types of food products, to which the aforementioned regulations apply, is carried out by adopting at the applicant’s choice the declaration of conformity on the basis of own proof and (or) proof received from a third party. As such, the evidential materials used in the declaration of conformity may include documents at the applicant’s choice which served the basis for confirming the compliance of the declared food products to the requirements of the abovementioned CU Technical guidelines and other CU Technical guidelines for certain types of food products to which they apply, including certificates of analysis (tests) held for the purpose of state registration of the food products. 

Pursuant to the section 3 of the Guidelines on registration of goods’ compliance to the requirements of the CU Technical guidelines approved by the Decision of the Eurasian Economic Commission (EEC) No 76 dt April 9, 2013, registration of the goods’ declaration of compliance to the requirements of the CU Technical regulations is carried out by the certification authorities included into the CU Unified Register of Certification Authorities and Testing Laboratories (Centers), or authorized bodies of the States, members of CU and EEC. Registration of declarations of compliance in the aforementioned authorized bodies is carried out in accordance with the legislation of the Member States of CU and EAEC. 

Pursuant to the section 1 of Art. 5 of the CU Technical guidelines ‘On Safety of Foodstuffs’ food products are released into the market for circulation, if they correspond to the CU Technical guidelines ‘On Safety of Foodstuffs’ and other applicable CU Technical guidelines.

Briefing Note:

CU (EAEC) Technical guidelines ‘On Safety of Foodstuffs’ (CU TR 021/2011) adopted by the Decision of the CU Commission No 880 dt December 9, 2011 apply to food products and processes of production (manufacturing), storage, freight (transportation), sales and disposal, related to the requirements for food products. CU TR 021/2011 does not apply to food products produced by citizens at home, in individual gardens and farms, or by citizens engaged in gardening, cattle breeding, and the processes of production (manufacturing), storage, freight (transportation), sales and disposal of the food products intended for private consumption and not intended for market circulation, and crops cultivation or productive animals breeding in the wild. When applying CU TR 021/2011 it is necessary to take into account the requirements of the CU (EAEC) Technical guidelines that set forth mandatory requirements to certain types of food products and associated processes of production (manufacturing), storage, freight (transportation), sales and disposal, that supplement and (or) specify the CU TR 021/2011 requirements. 

CU (EAEC) Technical guidelines ‘On Labeling of Foodstuffs’ (CU TR 022/2011), adopted by the Decision of the CU Commission No 881 dt December 9, 2011, apply to labeling the food products produced and released into circulation. CU TR 022/2011 does not apply to the food products produced by public catering enterprises in the process of providing services in public catering for consumption at the production location, and also to food products, production of which is carried out by individuals in personal subsidiary plots for purposes other than entrepreneurial activity. When applying CU TR 022/2011 it is necessary to take into account the additional requirements of the CU (EAEC) Technical guidelines for certain types of food products labeling that do not contradict TR 022/2011. 

CU (EAEC) Technical guidelines ‘Requirements on safety of food and flavor additives, and processing aids’ (CU TR 029/2012), adopted by the Decision of the CU Commission No 58 dt July 20, 1012, applies to food additives, mixed food additives, flavor additives and processing aids; food products with regard to the content of food additives, biologically active substances from among flavorings, residual quantities of processing aids. 

CU (EAEC) Technical guidelines ‘Technical guidelines on Juice Products from Fruits and Vegetables’ (CU TR 023/2011), adopted by the Decision of the CU Commission No 882 dt December 9, 2011, apply to fruit and (or) vegetable juices and associated processes of production, storage, transportation and sales. 

CU (EAEC) Technical guidelines ‘Technical Guidelines on Oils and Fats’ (CU TR 024/2011), adopted by the Decision of the CU Commission No 883 dt December 9, 2011, apply to oils and fats released into circulation, and associated processes of the production, storage, transportation, and sales. CU TR 024/2011 does not apply to the oils and fats produced in the process of nonindustrial manufacturing, with the exception of vegetable oil; non-edible fat-and-oil products, with the exception of natural raw glycerin and household soap. 

CU (EAEC) Technical guidelines ‘On Safety of Grain’ (CU TR 015/2011), adopted by the Decision of the CU Commission No 874 dt December 9, 2011, apply to grain released into circulation, to be used for food and feed purposes, the processes for its production, storage, transportation, sales and disposal. CU TR 015/2011 does not apply to grain intended for seed purposes, and products of grain processing. 

CU (EAEC) Technical guidelines ‘On safety of certain types of specialized food products, including foods for dietary therapeutic and dietary preventive nutrition’ (CU TR 027/2011), adopted by the Decision of the CU Commission No 34 dt June 15, 2012, applies to certain types of specialized food products: nutrition for athletes, pregnant and nursing women, food products for dietary therapeutic and dietary preventive nutrition, including baby foods. 

Pursuant to the Regulations on issuing declaration of compliance with the CU Technical regulation, approved by the EAEC Board Decision No 293 dt December 25, 2012, in the field 4 of the declaration in accordance with the CU Technical regulation requirements it is necessary to indicate the name of the CU Technical regulation(s), to which requirements the products conform.

The ‘Protocol on technical regulation within the EAEC’ (Annex No 9 to the Agreement on EAEC dt May 29, 2014) sets forth the concept of ‘products released into circulation’ – delivery or import of products (including shipment from the manufacturer’s warehouse or shipment without warehousing) with the purpose of distribution on the EAEC territory in the process of the commercial activity on a free-of-charge basis or for a fee.