Bernard Durkan (Kildare North, Fine Gael)
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Question 31: To ask the Minister for Agriculture and Food if she has satisfied herself regarding the origin and traceability of all imported beef, lamb, pigmeat and poultry products; if certification and standards applicable here and throughout the EU are assured; and if she will make a statement on the matter. [17404/05]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Detailed EU legislation lays down the conditions that member states must apply to the production of and trade in products of animal origin, including meat and meat extracts, as well as to imports of these products from third countries. Under harmonised legislation, a series of health and supervisory requirements are applied in the member states to ensure animal products are produced to standards that guarantee the safety of food and the protection of human and animal health. The application of these standards in the member states is monitored by the Food and Veterinary Office of the EU.

It is a requirement that animal products imported from third countries meet standards at least equivalent to those required for production in and trade between member states. All such imports must come from third countries or areas of third countries approved for export to the EU. To be approved as an exporter to the EU, a third country must appear on a list drawn up and updated on the basis of EU audits and guarantees given by the competent authority of the exporting country, have veterinary controls equivalent to those applicable in the EU, particularly in terms of legislation, hygiene conditions, animal health status, veterinary medicines controls, zoonoses controls and other food law, and have in place a residues programme approved by the European Commission.

The animal products must be sourced from establishments that are approved and must bear an EU-approved health mark. Exporting establishments must have standards equivalent to the requirements for EU export establishments, effective control systems and supervision by the competent authorities, and traceability or labelling in accordance with the systems approved by the FVO and accepted and notified to the EU member states.

The FVO carries out inspections to ensure only establishments that meet hygiene and health standards equivalent to those operating within the EU are approved. Where the FVO considers that public health requirements are not being met, an establishment may be removed from the EU approved list. If outbreaks of animal diseases occur in a third country, approval to export to the EU is suspended for the infected regions of the country or the entire country, as appropriate, until the disease risk has been eliminated.

Importers of animal products must be registered with the Department of Agriculture and Food. They are required to give advance notice of importation and, following import, are required to keep records of importation available for inspection by the Department for a period of three years.

Additional information not given on the floor of the House.

Imported animal products must be accompanied by the appropriate commercial documentation showing the country and approval number of the establishment of production and, in the case of meat and meat extracts imported from third countries, a health certificate conforming to the models set down in EU legislation.

While there is free movement for trade within the EU, all consignments from third countries must first be landed at a border inspection post that has been approved by the FVO and must undergo documentary, identity and physical checks. These latter are carried out at frequencies laid down in EU law. In Ireland, BIPs approved for the processing of imports of animal products are located at Dublin Port and Shannon Airport. The FVO carries out monitoring and inspection of each member state's BIPs to ensure the conditions for import of animal products into Europe provided under the harmonised legislation are correctly applied.

Once it has been established that imported animal product has met all the required conditions it is released for free circulation within the Community. Copies of the BIP clearance document and the health certificate must accompany the consignment to its destination. Imports failing to comply with these veterinary control checks may be detained for further examination. If non-compliance is established, they are returned to the exporting country or destroyed.

Where there are concerns with regard to the effectiveness of controls being operated in an approved third country, the Commission, in consultation with the Standing Committee on Animal Health and the Food Chain, may introduce specific controls by means of a safeguard measure to ensure the protection of human and animal health. Safeguard measures limiting or banning the export of animal products from EU countries or regions of countries may also be implemented where, for example, the conditions of an animal disease outbreak could seriously effect production and trade in animal products in the EU.

Denis Naughten (Longford-Roscommon, Fine Gael)
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What happens in reality if premises or countries do not come up to standards? In this context, will the Minister of State explain what has happened since last October in regard to Brazilian beef coming into the EU? Brazil abandoned its tagging and traceability scheme at that time. Does this mean Brazilian beef is no longer being imported into the EU?

I have two difficult questions for the Minister of State in regard to the issue of substantial transformation and I hope he can provide the information I seek. This is an extremely difficult issue and it leaves Irish producers open to a challenge at some stage in the future in regard to products with an Irish label which may not have been sourced in this country and which do not meet the required standards. In this context, can the Minister of State outline the timetable for his proposed legislation on this matter? One must be aware that the Department of Health and Children may not be prepared to amend the Health Act 1970, given its reluctance to do so in the past in regard to other issues. How does the Department of Agriculture and Food propose to address the issue of substantial transformation within this State and subsequently to put those proposals forward at EU level?

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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With the co-operation of the Department of Health and Children, it is hoped the necessary amendment to the Health Act 1970 can be progressed as quickly as possible. All Members know legislation does not come to the floor of the House as speedily as we would like. It is important that we get this legislation right. If there should be any delay in bringing forward the amendment to the 1970 Act, my Department will examine whether there is a quicker mechanism to bring the necessary primary legislation before the Oireachtas. Deputies Naughten and Upton spoke yesterday about the need to bring forward this legislation as quickly as possible. The Government is of the same view. We recognise the importance of adequate labelling for our industry and our citizens, and for consumers worldwide.

Transformation was the final recommendation of the food labelling group. It was agreed that this should be clearly defined and harmonised across all European Union member states. No more than a month ago, the Minister, Deputy Coughlan, raised this issue with her colleagues in the Council of Ministers and she has kept it on the EU agenda.

I described the exacting standards of the export and import requirements as set out in EU legislation and regulations. The Food and Veterinary Office of the EU is responsible for ensuring that these standards are adhered to and implemented. If products are imported from areas which do not meet the relevant criteria, the right to import into the EU is removed and the products are banned.

Denis Naughten (Longford-Roscommon, Fine Gael)
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That is not happening in practice.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The Food and Veterinary Office implements these standards on behalf of the EU throughout the member states. These standards are implemented strictly.

Mary Upton (Dublin South Central, Labour)
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Have any countries or factories within countries been removed from the list? Although detailed figures may not be available, I am interested to know whether sanctions are applied. Are spot checks conducted by the Food and Veterinary Office or is advance warning given? The inspector is similar to a teacher determining whether a student's homework is completed, and after he or she leaves upon being satisfied that matters are in order, the prevailing standard is restored until the next inspection two years later.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Advance notice of inspections is not given. I will revert to the Deputy on the imposition of sanctions, their dates and locations.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Is consideration given at EU or WTO level to set the limits based on the number of carcases rather than tonnage imported? It appears that premium cuts rather than carcases are imported.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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That matter has been subject to discussions between farmers' organisations, in particular the IFA, meat factories and the Minister.