No, consignments of gelatine and collagen do not need to derive from a non-EU-country with an EU-approved residue control plan laid down in the Annex to Commission Decision 2011/163/EU. Further information in relation to residue control plans and their approval can be found on the Commission's website for residues of veterinary medicinal products.
Only the products listed in the Annex to Commission Decision 2002/994/EC are authorised to be imported from China into the EU, providing they meet the particular requirements laid down in that Decision and the standard import requirements related to the category of products they belong to.
In this respect, the following rules apply:
- Fishery products listed in the Annex to Decision 2002/994/EC must be regarded as fishery products intended for human consumption as defined in point 3.1 of Annex I to Regulation (EC) No 853/2004. In this context, fish skin can be imported from China into the EU if accompanied by a certificate for fishery products, i.e. model FISH-CRUST-HC as laid down in Chapter 28 of Annex III to Regulation (EU) 2020/2235. In the case this fish skin is accompanied with a certificate for raw materials for the production of gelatine and collagen, or with a certificate for animal by-products, it cannot be classified as fishery products and it cannot be imported from China.
- Fish meal as an animal by-product is not listed in the Annex to Decision 2002/994/EC. Therefore, it cannot be imported from China into the EU.
- Gelatine is listed in Part I of the Annex to Decision 2002/994/EC. Therefore, gelatine originating from China is authorised to be imported into the EU, if it meets the specific animal and public health requirements laid down in EU legislation.
- Collagen is not listed in the Annex to Decision 2002/994/EC. Therefore, the import of collagen from China is not authorised.
- Frog legs and snails are not considered as fishery products according to the definitions listed in Annex I to Regulation (EC) No 853/2004. As frog legs and processed snails are not specifically listed in the Annex to Decision 2002/994/EC, it is not possible to import these products from China into the EU.