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Products of Animal Origin for Human Consumption: Milk and Milk products
From Department of Agriculture, Food and the Marine
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1: Milk and milk products can be imported provided that they:
• come from an approved country/part of a country
• come from an EU approved establishment
• are accompanied by an agreed animal/public health certificate
2: Milk and milk products must have been produced in accordance with the conditions laid down in:
• Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety
• Regulation (EC) No 852/2004 on the hygiene of foodstuffs
• Regulation (EC) No 853/2004 laying down specific rules for food of animal origin
• Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’)
• Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products
• Commission Delegated Regulation (EU) 2022/692 supplementing Regulation (EU) 2017/625 with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption
• Commission Delegated Regulation (EU) 2022/2292 of 6 September 2022 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of food-producing animals and certain goods intended for human consumption
1. Annex XVII of Commission Implementing Regulation (EU) 2021/404 lists the countries authorised for the entry into the Union of milk, colostrum and colostrum-based products and dairy products derived from raw milk and dairy products not required to undergo specific risk-mitigating treatment against foot and mouth.
2. Annex XVIII of Commission Implementing Regulation (EU) 2021/404 lists the countries authorised for the entry into the Union of consignments of dairy products required to undergo a specific risk-mitigating treatment against foot and mouth.
3. Milk and milk products must be produced in establishments approved to export to the EU .
4.The country of origin must also be listed for milk in Annex -I Of Commission Implementing Regulation (EU) 2021/405 .
5.Consignments of raw milk, colostrum or colostrum-based products shall only be permitted to enter the Union if the raw milk, colostrum and colostrum-based products of the consignment originate from a third country or territory or zone thereof which has been free from foot and mouth disease and infection with rinderpest virus for a period of at least 12 months prior to the date of milking and, during that period, no vaccination against those diseases has been carried out.
6. (a) Consignments of raw milk, colostrum or colostrum-based products shall only be permitted to enter the Union if the raw milk, colostrum or colostrum-based products of the consignment were obtained from animals of the species Bos taurus, Ovis aries, Capra hircus, Bubalus bubalis or Camelus dromedarius.
(b) Consignments of raw milk, colostrum or colostrum-based products shall only be permitted to enter the Union if the raw milk, colostrum or colostrum-based products of the consignment were obtained from animals that complied with a continuous residency period of at least 3 months prior to the date of milking in the third country or territory of milking or zone thereof.
(c)The animals of origin of raw milk, colostrum or colostrum-based products intended for entry into the Union shall not be required to comply with the residency period referred to in (b) above provided that they were introduced into the third country or territory or zone thereof from:
(i) another third country or territory or zone thereof which is listed for entry into the Union of raw milk, colostrum or colostrum-based products and the animals remained there for at least 3 months prior to milking; or
(ii) a Member State.
7. Dairy products not subject to a risk-mitigating treatment Consignments of dairy products originating from a third country or territory, or zone thereof, which is listed for entry into the Union of raw milk shall be permitted to enter the Union without having undergone a specific risk-mitigating treatment provided for in Annex XXVII of Commission Delegated Regulation (EU) 2020/692 , if the dairy products of the consignment comply with following requirements:
(a) the raw milk or dairy product therefrom, from which they were processed, were obtained from animals of the species Bos taurus, Ovis aries, Capra hircus, Bubalus bubalis and Camelus dromedarius;
(b) the raw milk or dairy product therefrom, used for the processing of the dairy products complied with the relevant general animal health requirements for the entry into the Union of products of animal origin laid down in Articles 3 to 10 and the specific animal health requirements for the entry into the Union of raw milk laid down in Articles 153 and 154 of CDR (EU) 2020/692, and therefore was eligible for entry into the Union and it originates from one of the following:
(i) a listed third country or territory, or zone thereof, where the dairy products were processed;
(ii) a third country or territory, or zone thereof, other than a listed third country or territory, or zone thereof, where the dairy products were processed and which is authorised for entry into the Union of raw milk; or
(iii) a Member State.
8. (a) Consignments of dairy products not complying with the requirements set out in paragraph 7 above shall only be permitted to enter the Union if the dairy products of the consignment have undergone at least one of the risk-mitigating treatments provided for in column A of Annex XXVII of Commission Delegated Regulation (EU) 2020/692 , where:
(i) they were processed from milk obtained from the species Bos Taurus, Ovis aries, Capra hircus, Bubalus bubalis or Camelus dromedarius;
(ii) the third country or territory of origin or zone thereof has not been free from foot and mouth disease and infection with rinderpest virus for a period of at least 12 months prior to the date of milking, or if during that period vaccination against those diseases has been carried out.
(b) Consignments of dairy products shall only be permitted to enter the Union if the dairy products of the consignment have undergone at least one of the risk-mitigating treatments provided for in column B of Annex XXVII where they were processed from milk obtained from species of animals other than those referred to in paragraph 8 (a) (i) above.
(c) Consignments of dairy products that have been processed from raw milk or from dairy products obtained from more than one species of animal shall only be permitted to enter the Union if those dairy products have undergone either:
(a) at least the most severe of the risk-mitigating treatments assigned to the each species of animals of origin, where the mixing of raw milk or dairy products takes place before the final processing of the product; or
(b) the risk-mitigating treatment assigned to each species of animals of origin, where the mixing of the products takes place after processing of each ingredient of the dairy product.
9. Iceland, Norway, Switzerland and Liechtenstein have international agreements with the EU which means that they implement EU veterinary legislation in relation to the movement of animal products. Animal products from these countries must comply with the same requirements applying to animal products from EU Member States and are therefore not subject to veterinary checks.
10. Other Third Countries have special conditions associated with the import of products of animal origin. Further information can be found in the following legislation relevant to that particular country:
• Canada: Council Decision 1999/201/EC; Decision 79/542/EC
• New Zealand: Commission Implementing Decision (EU) 2015/1901; Council Decision 97/132/EC
• Japan: Commission Implementing Regulation (EU) 2021/1533
• USA: Council Decision 1998/258/EC
1: Milk and milk products shall be presented at a Community Border Control Post accompanied by the appropriate health certificate, which shall be one of the below;
(a)MILK-RM drawn up in accordance with the model set out in Chapter 33 of Annex III of Commission Implementing Regulation (EU) 2020/2235, for raw milk intended for human consumption;
b) MILK-RMP/NT drawn up in accordance with the model set out in Chapter 34 of Annex III of Commission Implementing Regulation (EU) 2020/2235, for dairy products intended for human consumption derived from raw milk or that are not required to undergo a specific risk-mitigating treatment;
(c) DAIRY-PRODUCTS-PT drawn up in accordance with the model set out in Chapter 35 of Annex III of Commission Implementing Regulation (EU) 2020/2235, for dairy products intended for human consumption that are required to undergo a pasteurization treatment;
(d) DAIRY-PRODUCTS-ST drawn up in accordance with the model set out in Chapter 36 of Annex III of Commission Implementing Regulation (EU) 2020/2235, for dairy products intended for human consumption that are required to undergo a specific risk-mitigating treatment other than pasteurization;
(e) COLOSTRUM drawn up in accordance with the model set out in Chapter 37 of Annex III of Commission Implementing Regulation (EU) 2020/2235, for colostrum intended for human consumption;
(f) COLOSTRUM-BP drawn up in accordance with the model set out in Chapter 38 of Annex III of Commission Implementing Regulation (EU) 2020/2235, for colostrum-based products intended for human consumption.
2: The certifying veterinarian should ensure that only the relevant paragraphs and, where appropriate, additional guarantees and/or special conditions applicable to exporting country are included.
1. Consignments of milk and milk products entering the EU must be inspected at an EU-approved Border control Post (BCP) where Member States' official veterinarians ensure they fulfil all the requirements provided for in the EU legislation.
2. The person responsible for the load being imported (the importer or a customs agent acting on their behalf) must give the BCP at the intended point of entry advance notification of the arrival of the consignment.
3. There is a required minimum pre-notification notice period of at least 24 hours’ notice in advance of the consignment’s arrival.
4. Failure to submit correct documentation within this timeline may result in significant delays in the consignment being processed through the Border Control Post.
5. Pre-notification is given by the submission of Part 1 of the Common Health Entry Document (CHED-P), as is laid down in Commission Implementing Regulation (EC) No. 2019/1715, through the online TRACES system.
6. Copies of other supporting documentation associated with the consignment should be submitted at this time as well - such as the Health Certificate, Invoice, Packing list etc.
7: Necessary documents and logistical information must be submitted 24 hours in advance via the DAFM Import Portal
1. Providing all the documentation has been submitted correctly and within the correct timeframes, a large proportion of the documentary check can be commenced in advance of the consignment’s arrival. This includes examination of the veterinary certificate and other documents accompanying a consignment.
Please note the original hard copy of the health certificate must travel with the consignment, this will be checked and held at the BCP at the point of entry into the EU.
2. Provided all is in order with the documentary check, the consignment will then be subject to an identity check at the BCP to ensure it identifies with the consignment that was declared in the documentation.
3. A proportion of consignments will be selected for a full physical inspection with/without sampling as appropriate.
4. Upon satisfactory completion of the required checks, the decision is entered in Part 2 of the CHED which must accompany the consignment to the first place of destination referred to in the CHED.
5. If the consignment does not meet the import requirements, the consignment may be rejected and either re-exported or destroyed.