Vietnam: New EU's regulations on emergency and temporary measures for food safety control

On June 7, 2023, the EU published Regulation (EU) 2023/1110 signed on June 6, 2023, amending Regulation 2019/1973 on emergency measures for controlling food exported to the EU. The EU officially moved instant noodles from Vietnam from Annex II (control by food safety certificates and control at border checkpoints) to Annex I with an inspection frequency of 20% at the border checkpoint. Thus, from June 27, 2023, instant noodles exported from Vietnam will no longer be required to be accompanied by a food safety inspection certificate issued by the competent authority of Vietnam.

Also in this Regulation, bell peppers from Vietnam remain in Appendix I with an inspection frequency of 50% at the border checkpoint in Vietnam; Okra and dragon fruit remain in Appendix II with respective inspection frequencies of 50% and 20%. I.e. there are no changes to agricultural products compared to the regulations from 6 months ago.

The regulation takes effect 20 days after the date of publication.

Detailed information may be found in the EU publication: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2023.147.01.0111.01.ENG&toc=OJ%3AL%3A2023%3A147%3ATOC

Thus, only 6 months after the EU passed the emergency control regulation for types of vermicelli and noodles from Vietnam (effective from January 1, 2022), Vietnam has successfully persuaded the EU to remove vermicelli noodles, and rice products from the food safety management list and, 18 months later, successfully moved instant noodles from Appendix II (controlled according to certificates and at the border) to Appendix I (controlled at the border). This demonstrates the significant and prompt efforts of the Ministry of Industry and Trade in food safety control as well as actively supporting businesses in overcoming difficulties.

- However, the fact that the EU still maintains control at the border with a frequency of 20% requires Vietnam to always maintain good food safety control for instant noodles. If, in the last 6 months of 2023, Vietnamese instant noodles exported to the EU experience many violations of food safety regulations, the EU's next course of action will be to increase supervision to 50% at the border and then move it back to Appendix II. If Vietnamese instant noodles are moved back to Appendix II (as was the case with Dragon Fruit), the process of persuading the EU to return to Appendix I will be significantly more difficult.

Therefore, Vietnamese instant noodles exporters must continuously maintain good food safety control, and even consider applying voluntary measures such as self-testing at reputable laboratories for batches of instant noodles exported to the EU.

According to the Ministry of Industry and Trade's Web Portal

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