Commission Delegated Regulation (EU) 2019/2122 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market and amending Commission Regulation (EU) No 142/2011 (Text with EEA relevance)
Modified by
- Commission Delegated Regulation (EU) 2021/2089of 21 September 2021amending Delegated Regulation (EU) 2019/2122 as regards certain categories of goods posing low risk, goods that form part of passengers’ personal luggage and pet animals exempted from official controls at border control posts and amending that Delegated Regulation and Delegated Regulation (EU) 2019/2074 as regards references to certain repealed legislation(Text with EEA relevance), 32021R2089, November 30, 2021
(1) "research and diagnostic samples" means research and diagnostic samples as defined in point (38) of Annex I to Regulation (EU) No 142/2011; (2) "IMSOC" means the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625; (3) "fresh fishery products" means fresh fishery products as defined in point 3.5 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food on animal origin (OJ L 139, 30.4.2004, p. 55 ).(4) "prepared fishery products" means prepared fishery products as defined in point 3.6 of Annex I to Regulation (EC) No 853/2004; (5) "processed fishery products" means "processed fishery products" as defined in point 7.4 of Annex I to Regulation (EC) No 853/2004; (6) "pet animal" means pet animal as defined in point (11) of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health ("Animal Health Law") (OJ L 84, 31.3.2016, p. 1 ).(7) "non-commercial movement" means non-commercial movement as defined in point (14) of Article 4 of Regulation (EU) 2016/429; (8) "petfood" means petfood as defined in point (19) of Annex I to Regulation (EU) No 142/2011.
(a) they comply with the animal health requirements set out in the rules referred to in point (d) of Article 1(2) of Regulation (EU) 2017/625; (b) their entry into the Union is authorised in advance for that purpose by the competent authority of the Member State In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Regulation, references to Member States include the United Kingdom in respect of Northern Ireland. (c) when the activities related to the scientific purposes have been carried out, they and products derived from them, with the exception of the quantities used for the scientific purposes, shall be disposed of or re-dispatched to the third country of origin.
(a) the competent authority of the Member State of destination has issued to the user of the samples an authorisation in advance for their introduction into the Union in accordance with Article 27(1) of Regulation (EU) No 142/2011 and this authorisation is recorded in an official document delivered by that authority; (b) they are accompanied by the official document referred to in point (a) or by a copy thereof until they reach the user referred to in point (a) or in the case referred to in point (c) the border control post of entry; (c) in the case of entry into the Union via a Member State other than the Member State of destination, the operator presents the samples at a border control post.
(a) the competent authority has issued to the operator responsible for the analysis or testing of the samples in advance of their entry into the Union an authorisation for their introduction into the Union in accordance with paragraph 4 and that authorisation is recorded in an official document delivered by that authority; (b) the samples are accompanied by the official document referred to in point (a) or by a copy thereof, the certificate or declaration referred to in paragraph 4(b), or where applicable, any document required under national rules referred to in paragraph4(c), until the samples reach the operator responsible for the analysis or testing of the samples.
(a) the samples originate from third countries or regions of third countries listed in Commission Implementing Regulation (EU) 2021/404 Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and the Council (OJ L 114, 31.3.2021, p. 1 ).(b) the samples are accompanied by the relevant certificate or declaration drawn up in accordance with the models established in Commission Implementing Regulation (EU) 2020/2235 Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1 ).
I that, depending on the commodity, the samples comply with the following: (i) relevant requirements laid down in Commission Delegated Regulation (EU) 2020/692 Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379 ).(ii) national rules in accordance with Articles 230(2), 234(3) and 238(4) of Regulation (EU) 2016/429, where applicable;
(d) the public health requirements for: entry into the Member State of destination, which may include labelling and packaging requirements for the samples; and the analysis or testing of the samples by the operator;
(e) the operator responsible for the analysis or testing of the samples, including a reference to the address of the operator’s premises for which the samples are destined; (f) the competent authority responsible for official controls at the operator’s premises for which the samples are destined; and (g) the obligations of the operator responsible for the analysis or testing not to mix the samples with food destined for placing on the market, to keep records on the use of the samples and to dispose of the samples after the product analysis or the quality testing in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1 ).
(a) they are intended for consumption by the crew and passengers on board means of transport operating internationally; and (b) they are not unloaded on Union territory.
(a) it takes place in accordance with the agreement of the competent authority of the border control post; and (b) it takes place under customs supervision.
(a) goods listed in Part 1 of Annex I provided that the quantity in each category does not exceed the weight limit of 2 kg; (b) eviscerated fresh fishery products or prepared fishery products, or processed fishery products provided that their combined quantity does not exceed the weight limit of 20 kg or the weight of one fish, whichever weight is the highest; (c) goods other than those referred to in points (a) and (b) of this article and other than those referred to in Part 2 of Annex I, provided that their combined quantity does not exceed the weight limit of 2 kg; (d) plants, other than plants for planting, plant products and other objects; (e) goods, other than plants for planting, coming from Andorra, Iceland, Liechtenstein, Norway, San Marino or Switzerland; (f) fishery products coming from the Faroe Islands or Greenland; (g) goods, other than plants for planting and other than fishery products, coming from the Faroe Islands or Greenland provided that their combined quantity does not exceed the weight limit of 10 kg.
(a) the information set out in Annex III; (b) information appropriate to the local conditions.
(a) draw the attention of their customers to the rules laid down in Article 7 and in this Article, in particular by providing the information set out in Annexes II and III; (b) accept that the competent authority displays the information referred to in paragraphs 1 and 2 within their premises in locations which are easily visible to passengers arriving from third countries.
(a) aim in particular at detecting the presence of goods referred to in Article 7; (b) aim at verifying that the conditions laid down in Article 7 are met; and (c) be carried out by appropriate means, which may include the use of scanning equipment or specifically trained detector dogs, to screen large volumes of goods.
(a) aim at identifying the goods which are non-compliant with the rules laid down in Article 7; (b) ensure that the non-compliant goods identified are seized and destroyed in accordance with national legislation and, where applicable, in accordance with Articles 197 to 199 of Regulation (EU) No 952/2013 of the European Parliament and of the Council Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1 ).(c) review, at least once per year and before 1 October, their applied mechanisms and actions, establish the level of compliance achieved, and, on a risk-basis, adapt those mechanisms and actions if necessary, to achieve the objectives laid down in points (a) and (b) of paragraph 2.
(a) data collected on the approximate number of consignments which are in breach of the rules laid down in Article 7; (b) the number of specific official controls done; (c) the total quantified amount of seized and destroyed consignments which were found in passengers’ personal luggage and which were not in compliance with Article 7; and (d) any other relevant information.
(a) animals of species listed in Part A of Annex I to Regulation (EU) No 576/2013 which: (i) meet the conditions laid down in Article 5(1) or Article 5(2) of Regulation (EU) No 576/2013 and are being moved from a territory or a third country listed in Part 1 of Annex II to Implementing Regulation (EU) No 577/2013, provided that they undergo documentary and identity checks in accordance with Article 33 and, where relevant, standard spot checks in accordance with Article 5(3) of Regulation (EU) No 576/2013; or (ii) meet the conditions laid down in Article 5(1) or Article 5(2) of Regulation (EU) No 576/2013 and are being moved from a territory or a third country other than those listed in Part 1 of Annex II to Implementing Regulation (EU) No 577/2013, provided that they undergo documentary and identity checks in accordance with Article 34 of Regulation (EU) No 576/2013, and where relevant, standard spot checks in accordance with Article 5(3) of that Regulation; or (iii) meet the conditions laid down in Article 10(3) of Regulation (EU) No 576/2013, provided that they undergo checks in accordance with the permit referred to in point (a) of Article 10(3) of that Regulation and with the requirements in point (b) of Article 10(3) of that Regulation; or (iv) meet the conditions laid down in Article 32 of Regulation (EU) No 576/2013, provided that they undergo checks in accordance with the permit referred to in point (a) of Article 32(1) of that Regulation;
(b) birds listed in Part B of Annex I to Regulation (EU) No 576/2013 provided that: (i) their movement has been authorised by Member States in accordance with Article 1(1) of Decision 2007/25/EC; and (ii) they undergo veterinary checks in accordance with Article 2 of Decision 2007/25/EC;
(c) birds listed in Part B of Annex I to Regulation (EU) No 576/2013 moving into the Union from Andorra, the Faroe Islands, Greenland, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican City State; (d) animals of species other than birds, listed in Part B of Annex I to Regulation (EU) No 576/2013.
(i) do not require refrigeration before opening; (ii) are packaged proprietary brand products for direct sale to the final consumer; and (iii) that the packaging is unbroken unless in current use.
(i) are intended for the pet accompanying the passenger; (ii) are shelf-stable; (iii) are packaged proprietary brand products for direct sale to the final consumer; and (iv) that the packaging is unbroken unless in current use.
| Meat and edible meat offal | All, excluding frogs’ legs (CN code | |
| 0401-0406 | Dairy produce | All |
| Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked | All, excluding casings | |
| ex 0511 | Animal products not elsewhere specified or included; dead animals of Chapters 1 or 3 of Section 1 of Part 2 of Annex I to Regulation (EEC) No 2658/87, unfit for human consumption | Only petfood |
| Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503 | All | |
| Fats of bovine animals, sheep or goats, other than those of heading 1503 | All | |
| Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared | All | |
| Other animal fats and oils and their fractions, whether or not refined, but not chemically modified | All | |
| Sausages and similar products, of meat, meat offal or blood; food preparations based on these products | All | |
| 1602 | Other prepared or preserved meat, meat offal or blood | All |
| Lactose and lactose syrup | All | |
| ex 1901 | Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included | Only those preparations containing meat or milk, or both |
| ex 1902 | Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared | Only those preparations containing meat or milk, or both |
| ex 1905 | Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products | Only those preparations containing meat or milk, or both |
| ex 2004 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006 | Only those preparations containing meat or milk, or both |
| ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 | Only those preparations containing meat or milk, or both |
| ex 2103 | Sauces and preparations thereof; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard | Only those preparations containing meat or milk, or both |
| ex 2104 | Soups and broths and preparations therefore; homogenised composite food preparations | Only those preparations containing meat or milk, or both |
| Ice cream and other edible ice, whether or not containing cocoa | Only those preparations containing milk | |
| ex 2106 | Food preparations not elsewhere specified or included | Only those preparations containing meat or milk, or both |
| ex 2309 | Preparations of a kind used in animal feeding | Only petfood, dog chews and mixtures of meals containing meat or milk, or both |
1. Column 1: Where only certain products under any code are required to be examined and no specific subdivision under this code exists in the goods nomenclature, the code is marked "ex" (e.g. ex 1901: only those preparations containing meat or milk, or both should be included). 2. Column 2: The description of the goods is as laid down in the description column of Annex I to Regulation (EEC) No 2658/87. 3. Column 3: This column gives details of the products covered.
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they come from the Faroe Islands or Greenland, and their combined quantity does not exceed the weight limit of 10 kg per person, and that:(a) the product does not require refrigeration before consumption; (b) the product is a packaged proprietary brand product; and (c) the packaging is unbroken unless in current use,
they come from other countries (other than the Faroe Islands or Greenland), and their combined quantity does not exceed the weight limit of 2 kg per person, and that:(a) the product does not require refrigeration before consumption; (b) the product is a packaged proprietary brand product; and (c) the packaging is unbroken unless in current use. 3. Petfood required for health-related reasons
they come from the Faroe Islands or Greenland, and their combined quantity does not exceed the weight limit of 10 kg per person, and that:(a) the product does not require refrigeration before consumption; (b) the product is a packaged proprietary brand product; and (c) the packaging is unbroken unless in current use,
they come from other countries (other than the Faroe Islands or Greenland), and their combined quantity does not exceed the weight limit of 2 kg per person, and that:(a) the product does not require refrigeration before consumption; (b) the product is a packaged proprietary brand product; and (c) the packaging is unbroken unless in current use. 4. Small quantities of fishery products for personal human consumption
fresh fish are eviscerated, the weight of the fishery products does not exceed, per person, 20 kg or the weight of one fish, whichever weight is the highest.
they come from the Faroe Islands or Greenland, and their combined weight does not exceed 10 kg per person, they come from other countries (other than the Faroe Islands or Greenland) and their combined weight does not exceed 2 kg per person.
certification requirements, as laid down in the appropriate official EU official certificate, the presentation of the goods, with the correct documentation, to a EU border control post, on arrival in the EU. 7. Exempted products
confectionery (including sweets), chocolate and other food preparations containing cocoa; pasta, noodles and couscous; bread, cakes, biscuits, waffles and wafers, rusks, toasted bread and similar toasted products; olives stuffed with fish; extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or mate thereof; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof; soup stocks and flavourings packaged for the final consumer; food supplements packaged for the final consumer, containing processed animal products (including glucosamine, chondroitin or chitosan); liqueurs and cordials.
| Regulation (EC) No 206/2009 | This Regulation |
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