Q&A on import controls on certain kitchenware from China and the Hong Kong region
On this page, we have collected the most frequently asked questions about import control of certain kitchenware from China and the Hong Kong region.
Who carries out controls under Regulation (EU) No 284/2011?
In Sweden, it is the Swedish National Food Agency’s border control that carries out the controls. Border control posts are located in the ports of Stockholm Norvik, Gothenburg, Helsingborg, Södertälje and Gävle, as well as at Arlanda Airport. Consignments covered by Regulation (EU) No 284/2011 must therefore arrive via one of these locations, unless the control has already taken place in another EU country, see next question.
Who carries out the controls when the consignment is transhipped in another EU country?
There are two options here. The control can be carried out
- at the place where the transhipment takes place or
- in the EU country to which the consignment is destined.
Article 4 of Regulation (EU) No 284/2011 provides that prior notification is to be sent to the competent authority of the first point of entry.
If a consignment is transhipped in another EU country before it reaches Sweden, it is the port or airport where the transhipment takes place that counts as the first point of entry.
This means that if a consignment destined for Gothenburg is transhipped from one ship to another in Rotterdam, the consignment should actually be checked by the competent authority in Rotterdam. However, in discussions between the Member States and the European Commission, it has been agreed that the control can also take place in the latter port, in this case, Gothenburg.
What documents should be presented to border control?
- Prior notification, in the form of CHED-D, via TRACES.NT
- Declaration as set out in the annex to Regulation (EU) No 284/2011, attached to CHED-D in TRACES.NT
- Laboratory report pursuant to Article 3 of Regulation (EU) No 284/2011, attached to CHED-D in TRACES.NT
According to Regulation (EC) No 1935/2004 and Regulation (EU) No 10/2011, a “Declaration of Compliance” is required for materials intended to come into contact with food so called food contact materials (FCM). These explanations are different from the one referred to in Regulation (EU) No 284/2011 and do not need to be submitted to border control.
How do I provide prior notification of consignments?
How should the declaration be filled in?
- Issuer: The declaration should be issued by someone who has knowledge of the consignment, for example, the importer.
- Manufacturer of the articles: The company that actually manufactured the articles (i.e. the factory). If, during analysis, non-compliant products are found, it is essential to know which company in China or the Hong Kong region manufactured the goods.
- Responsible company for first entry: The company responsible for the consignment when it first arrives in the EU. If a shipment destined for Gothenburg is transhipped in Rotterdam, it is the company that is responsible when the consignment arrives in Rotterdam that must be specified here. It could be the freight forwarder or the importer.
- Identification number: any kind of ID number that “identifies the consignment”, such as lot number, batch number, item number, lab number, container number (Note: does not work if there are multiple shipments in the same container)/Air Way Bill (AWB)- number.
- Type and number of articles: The type and number of articles are specified at lot level. Number of articles means the number of individual articles and not, for example, the number of cartons.
- Content of the consignment, please tick the relevant box. Please note that for consignments of polyamide kitchenware, the detection limit of the analytical method shall be indicated.
- List of documents attached:
Attached documents (laboratory reports) are listed. It is important that all documents can be linked to the consignment in question. If the consignment consists of several different lots, the laboratory report must be able to be linked to the lot to which the report relates. - Signed by: The importer must sign, and include name in block letters and place/date.
- Declaration from the authority: The authority carrying out the import control fills in the information.
Does the laboratory report have to be linked to the batch number?
The technical guidance requires that each lot included in the consignment be accompanied by a laboratory report. If several lots have been produced from the same batch, it is sufficient with one laboratory report for that batch.
Which laboratory reports that are linked to which batches or lots must be clearly stated in the information/labelling on the goods and documents. A lot shall include articles that are made from the same raw material, and under the same process conditions, in order for the laboratory report to be representative of the lot.
How often are analyses required?
Each consignment (each lot in the consignment if there are several lots, see also the question above) must be accompanied by a laboratory report. According to Article 6, ten per cent of consignments must be sampled and analysed in EU import controls. The technical guidance requires that each lot contained in the consignment shall be sampled and analysed separately. See also above regarding batches. The selection of consignments for sampling shall be random.
What about traceability?
Rules on traceability are set out in Article 17 of Regulation (EC) No 1935/2004. The rules mean, among other things, that a company must be able to state from which companies it has received goods, and the company must also be able to state to which companies it has delivered goods.
Will the entire container be detained even if it contains goods not covered by Regulation (EU) No 284/2011?
In the event of sampling, the consignment shall not be released until the results of the analyses are available. If the container contains products not covered by Regulation (EU) No 284/2011, or if the container contains several consignments falling within the scope of Regulation (EU) No 284/2011, of which only one consignment has been sampled, only the sampled consignment needs to be detained.
The Swedish Food Agency does not provide for the transhipment or unloading of the part of the container’s content that should to be detained. Instead, the importer makes arrangements with the port concerned about how this can be done. Please note that Article 7 of Regulation (EU) No 284/2011 provides for the possibility of onward transport pending the results of the analysis.
Consignments for onward transport pending sampling results may not be released, i.e. they must be under customs control. This means, among other things, that the warehouse to which the consignment is transported must be an approved customs warehouse and the onward transport must be approved by the relevant border control post.
What are the requirements for the analyses?
The annexes to the JRC Guidance Document contain information on analytical requirements including simulant, time, temperature, etc., see separate link.
JCR Guidance document – Technical guidance
Point 7.4.4 deals with time and temperature requirements. Points 7.6.1 and 7.6.2 deal with how migration tests should be conducted. Point 9.1 states that the results of the analysis must be expressed in mg/kg. Point 10 deals with what should be included in the analytical report.
Are materials made of polycarbonate, polypropylene or polyethylene included?
No
What happens if the results differ between the samples during import control and samples taken in the exporting country?
Consignments that fail official import controls are rejected, which means they are either destroyed or returned. When sampling during import control, extra samples are also taken out and saved, for further analysis in the event of a dispute.
