Fic rEcommEndationS - Eurobank EFG

FOOD AND AGRICULTURE
This chapter provides input on particular regulatory issues
in domain of food and agriculture. Sequence of topics is not
based on their importance, but rather on their scope.
1. SANITARY INSPECTION
cUrrEnt SitUation
The issue of Sanitary Inspection of chemicals, food and tobacco
during the import procedure is having a negative impact
on foreign and domestic investors, leading to higher
costs and loss of time. The FIC considers that the measures
implemented represent an additional pre-market control
and are contrary to the principle of free movement of
goods and as such are a trade barrier.
The requirements for the above mentioned product groups
as to Human Health during the importation process, are
stipulated under the following laws and by-laws:
• The Law on Health Safety of Food and Products for General
Use;
• Rulebook on the Conditions Regarding Health Safety of
Food and Products for General Use that May be Placed on
the Market;
• Rulebook on the methods for determining pH values,
quantity of toxic metals and non-metals and microbiological
correctness of products for personal hygiene, facial
and body care and beautification products;
• Guidebook on the Manner of Taking Samples for the
Analysis and Super analysis of Food and Products for
General Use;
• The Law on Sanitary supervision.
Fic rEcommEndationS
The Importing entity prior to custom-clearance is required
to request from the sanitary inspectorate the inspection of
the shipment with the aim of checking whether it is in accordance
to the health standards set in the technical regulations
and the costs of laboratory analysis and determination
of the health safety is covered by the importer. The
procedure makes the import trade restrictive, lengthy and
is unpredictable which leads to a less favourable investment
climate and restricts free trade.
rEmaininG iSSUES
Each shipment of chemicals, food and tobacco is inspected
and must obtain a validation of health safety. The time frame
needed for the inspection and validation process is not stipulated
and varies based on factors unknown to the importer.
The cost of laboratory analysis and determination of health
safety is covered by the importer and the sanitary inspectorate
official determines to which laboratory the samples
should be send for analysis and what the cost will be.
There are no standards as to the number of samples taken
and the price range for analysis varies.
Samples taken from the original packages, damages the
goods and packaging. The importer carries the losses of the
destruction and sales.
The Law on Foreign Trade Transactions prescribes that measures and technical requirements may be applied
on imports of goods in order to protect human life and health, though clearly outlining that such measures
and requirements may not be applied in a manner that would constitute a means of arbitrary or unjustifiable
discrimination between countries, or a disguised and additional restriction of importation.
Therefore, the Sanitary Inspection procedure should not constitute a means of arbitrary discrimination or disguised
restrictions on trade;
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