EU-China Follow-up Seminar on the Implementation of GACC Decree 248

2021-12-21 | Beijing

In response to questions concerning possible trade disruption between the EU and China following the enacting of Decree 248, GACC reiterated and highlighted the fourth and fifth clauses of Announcement 103 and the content of Decree 249: the food exported to China that are produced on or after January 1, 2022 should have the registration number (in China) or registration number approved by competent authority labelled on inner and outer package of the foods. The requirements on packaging, labeling and marking of the Decree 249 apply to foods exported to China that are produced on or after January 1, 2022; for foods shipped to China on or after January 1, 2022, while filing the import declaration, the registration number (in China) should be filled in the customs declaration form.

With regard to the registration of facilities and registration number (in China), GACC’s response went as follows - According to Decree 248, overseas enterprises' registration numbers are related to the categories of products they produce. A production site can apply for multiple registration numbers in China for different product categories, and if multiple products it produces all belong to one category, then only one registration number needs to be applied for. One enterprise can apply for multiple registration numbers for different products, but it is not permitted for multiple production sites or enterprises to share one registration number; When production involves more than one enterprise or factories, operators can choose to mark the outer packaging of the product with the registration number of the last enterprise legally responsible for the export of the product to China, provided that it corresponds to the registration number entered for customs declaration; ambient transit warehouses not involved in any manufacturing, processing and storage activities are not required to register; if the products' HS codes are not in the CIFER system, the manufacturers are not required to register, and overseas enterprises producing duty-free products are not required to register. 

In response to the questions about registration through recommendation, GACC made further explanations. The registration of producers of the four products (meat and meat products, aquatic products, dairy products, bird's nest and bird's nest products) that have already been registered will continue to be valid and an application for renewal of registration should be submitted to GACC before it expires. Specific information on the validity of registration will be posted on the CIFER website; unless otherwise agreed between overseas competent authorities and GACC, the CIFER accounts for overseas enterprises producing food under the "18 categories" listed in Article 7 of Decree 248 are assigned by located competent authorities; enterprises which created their own accounts will be able to register for food under "18 categories" after the account is confirmed by the competent authority.

As for self-registration, GACC's responses to these questions are as follows - The system will be continuously improved in the future, at this stage, EU enterprises should provide the required information and data as far as possible in accordance with the requirements in the system; No need to restart an application if the company simply wants to add or delete information about the products, but a new application is indeed required should the address of the production site, the legal agent or the registration number granted by the located competent authority need to be changed.

As to the labelling-related issues, GACC answered: If the product's inner and outer packaging is already marked with the registration number, the tertiary packaging (film, trays, etc.) does not need to be marked; The labelling of the product with registration number on inner and outer packaging is necessary, and the way in which these products are labelled can be left to the company’s discretion but should be in compliance with relevant provisions of GB7718. The registration number marked on the packaging shall be consistent with that of the overseas manufacturer (either it's the registration number in China or the one assigned by located competent authority) provided during Customs declaration.