Country of Origin and Regulation (EU) 2019/1793

Implementing Regulation (EU) 2019/1793 (as amended) lists certain goods coming from non-EU countries (called "third countries") that are subject to extra checks, emergency measures, or a temporary ban when entering the European Union. These goods are identified in the Regulation by their specific product codes (CN codes), the country of origin, and specific hazard(s).  

To ensure uniform understanding and application of Implementing Regulation (EU) 2019/1793, the definition of ‘country of origin’ was included in Article 2 (1) (C) of Implementing Regulation (EU) 2021/1900, the fourth amendment to the regulation. 

For the commodities listed in Implementing Regulation (EU) 2019/1793, as amended “country of origin” means: 

(i)    the country where the goods originate from, were grown, harvested or produced, where food and feed is listed in the Annexes due to a possible risk of contamination by mycotoxins, including aflatoxins, or by plant toxins, or due to possible non-compliance with maximum allowed levels of pesticide residues; (ii)

(ii)    the country where the goods were produced, manufactured or wrapped where food and feed is listed in the Annexes due to the risk of presence of Salmonella or due to other hazards than those specified in point (i).’

The following two examples further explain how to apply the country of origin definition:

Example 1: application of Part (i) of the definition of country of origin:

If peanuts that are grown and harvested in a third country listed in the regulation, e.g., Bolivia, are imported into the European Union, the ‘country of origin’ is Bolivia.  In this case, Bolivia is the country where the goods were grown and harvested.

If peanuts with an origin of Bolivia are imported into another third country, including the UK, and are repackaged there before being imported into the European Union, the ‘country of origin’ is Bolivia as this is the country where the peanuts were grown and harvested.

If peanuts with an origin of Bolivia are imported into another third country, including the UK, where they are made into a peanut product, such as peanut butter, the country of origin of the peanut butter is the country in which the peanut butter was produced.

Example 2: application of Part (ii) of the definition of country of origin:

Sweet peppers (crushed or ground) from China are listed in Annex I of the Regulation due to a Salmonella risk. Therefore, if sweet peppers grown or harvested in China are crushed or ground in China and then imported into the EU, the ‘country of origin’ is China.

Additionally, sweet peppers grown or harvested in a third country not listed in the Annexes of Regulation (EU) 2019/1793, e.g., Mexico, are imported into China and are crushed or ground and/or wrapped in China, then the ‘country of origin’ is declared as China, as it comes under part (ii) of the definition due to the risk of Salmonella.

^1. Commission Implementing Regulation (EU) 2019/1793 is updated every 6 months and is available here (https://eur-lex.europa.eu/eli/reg_impl/2019/1793/oj). It is your responsibility to ensure you are using the most recent version of the Regulation.

What about mixtures of products?

In general, the regulation does not apply to mixtures of listed products for controls except for some specific combinations, including: 

• mixtures of nuts or fried fruits containing hazelnuts (Azerbaijan; Georgia) (Annex I);  
• mixtures of nuts or dried fruits containing pistachios (Iran) (Annex II);  
• mixtures of nuts or dried fruits containing figs (Turkey) (Annex II). 

When the products listed in the regulation, including the above mixtures, enter the EU, they face additional controls and safety measures. These additional controls are applied under Article 47 of Official Controls Regulation (EU) 2017/625. The origin of the listed commodities remains as listed in Regulation (EU) 2019/1793.
For other mixtures of products, not specifically listed in the regulation, checks are done under different rules (Article 44 of Official Controls Regulation (EU) 2017/625). In these cases, the origin of the goods is determined by standard customs rules.

Example 1: Mixtures as specifically listed in the regulation:

Food: Mixtures of nuts or dried fruits containing pistachio
Country of origin: Iran
Official Controls: This means that the official controls will be completed at the BCP for the mixture with the country of origin Iran as per the frequency set down in Regulation 2019/1793 (Article 47 of the Official Controls Regulation). 

Example 2: Mixtures not specifically listed in the regulation

Any mixture of foods that is not specifically listed in Regulation (EU) 2019/1793, is not subject to the checks within the regulation but instead are subject to risk-based official controls under Article 44 of Regulation (EU) 2017/625.
Therefore, a mixture of peanuts that have been mixed in GB from two countries in Annex II of Implementing Regulation (EU) 2019/1793 (e.g. China, India) do not fall within the scope of the regulation as this mixture is not specifically called out in the regulation

What does this mean for the country of origin? 

The origin of the product will be determined by standard customs rules. 

How does this affect the risk-based checks? 

The product could still be subject to additional checks or controls, based on the country of origin of those listed ingredients, under the Regulation's risk-based system for official controls 
As the import documentation will show that some of the ingredients in the mixture come from a country listed in the Regulation, those ingredients will be considered when selecting products for risk-based official controls under Article 44 of the Official Controls Regulation. 

What are the obligations for Food Business Operators FBOs importing these commodities into the EU?

The responsibility rests with the FBO to comply with the requirements of the legislation. When making any origin declaration, it is essential that the FBO declares the correct origin as per Regulation (EU) 2019/1793.