Imports of garlic from China

Subject: Imports of garlic from China

China is one of the biggest producers of garlic in the world, accounting for as much as 80% of global production. The European Union imports huge quantities of Chinese garlic.

Recently, however, there has been some controversy surrounding the sale in Europe of Chinese garlic imported as a ‘frozen’ product, which would allow it to avoid certain customs tariffs intended for imports of fresh garlic. But it is alleged that this imported garlic is in fact fresh, in that it is transported at a temperature of between -4 and -3 degrees Celsius. The allegations come from a number of European garlic producer associations, who put the scale of the evasion at around EUR 26 million.

There are also health concerns surrounding Chinese‑produced garlic, given the use of herbicides and chemical products that are not always in line with EU regulations.

In the light of the above:

1. What action is the Commission thinking of taking to ensure garlic from China is imported correctly and fairly?

2. Can the Commission confirm what specific measures it has taken or intends to take to control the quality and food safety of garlic imported from China?

Submitted: 31.1.2023

Answer given by Ms Kyriakides on behalf of the European Commission

(13 March 2023)

1. As the Commission pointed out in its reply to Written Question E-003651/2022, the difference between fresh or chilled garlic and frozen garlic is sufficiently explained in several legal provisions for the purposes of the customs classification. Moreover, the Commission has recently issued a ‘risk information form’ inviting customs authorities to increase controls for possible misclassification of garlic at EU borders.

2. Member States monitor compliance with Maximum Residues Limits (MRLs) based on an EU-coordinated multi-annual control programme and risk-based national control programmes.

Where a risk of contamination of products imported from a third country is identified, the Commission may take measures under Commission Implementing Regulation (EU) 2019/1793 (1) requiring reinforced import checks at border control posts at harmonised frequencies and certification by the exporting country.

The Commission reviews this regulation regularly in light of new information on risks and non-compliance; currently garlic from China is not included.

As regards quality, the applicable marketing standard for garlic is the general marketing standard laid down in Part A of Annex I to Commission Implementing Regulation (EU) No 543/2011 (2).

Pursuant to Article 3(1) of the same Regulation, the specific marketing standard of the United Nations Economic Committee for Europe (UNECE) (3) for garlic must be considered as conforming to the general marketing standard.

Member States must carry out conformity checks, based on a risk analysis and with appropriate frequency, so as to ensure compliance with the marketing standards, in accordance with Article 11 of that regulation.

1 ∙ ⸱ https://eur-lex.europa.eu/eli/reg_impl/2019/1793/oj

2 ∙ ⸱ https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32011R0543

3 ∙ ⸱ https://unece.org/fileadmin/DAM/trade/agr/standard/standard/fresh/FFV-Std/English/18_Garlic.pdf