Commission Delegated Regulation (EU) 2021/630 of 16 February 2021 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of goods exempted from official controls at border control posts and amending Commission Decision 2007/275/EC (Text with EEA relevance)
Modified by
  • Commission Delegated Regulation (EU) 2022/887of 28 March 2022amending Delegated Regulation (EU) 2019/625 as regards Combined Nomenclature and Harmonised System codes and import conditions of certain composite products, amending Delegated Regulation (EU) 2019/2122 as regards certain goods and pet birds exempted from official controls at border control posts and amending Delegated Regulation (EU) 2021/630 as regards requirements for composite products exempted from official controls at border control posts(Text with EEA relevance), 32022R0887, June 7, 2022
Commission Delegated Regulation (EU) 2021/630of 16 February 2021supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of goods exempted from official controls at border control posts and amending Commission Decision 2007/275/EC(Text with EEA relevance)
Article 1Subject matterThis Regulation establishes rules concerning:(1)the cases where and the conditions under which composite products are exempted from official controls at border control posts and when such exemption is justified;(2)the performance of specific official controls on composite products exempted from official controls at border control posts.
Article 2DefinitionsFor the purposes of this Regulation, the following definitions apply:(1)"composite product" means composite product as defined in point (14) of Article 2 of Delegated Regulation (EU) 2019/625;(2)"shelf-stable composite products" means products that do not need to be transported or stored under controlled temperatures.
Article 3Composite products exempted from official controls at border control posts1.The following shelf-stable composite products shall be exempted from official controls at border control posts:(a)shelf-stable composite products that do not contain colostrum-based products or processed meat other than gelatine, collagen or highly refined products referred to in Section XVI of Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the CouncilRegulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55)., provided they meet the following requirements:(i)they comply with the requirements for entry into the Union laid down in Article 12(2) of Delegated Regulation (EU) 2019/625;(ii)any dairy and egg products contained in the shelf-stable composite products comply with Article 163(1) of Delegated Regulation (EU) 2020/692;(iii)they are identified as intended for human consumption;(iv)they are securely packaged or sealed; and(v)they are listed in the Annex to this Regulation;(b)shelf-stable composite products where all the animal products present in the final composite product fall within the scope of Regulation (EC) No 1332/2008 of the European Parliament and of the CouncilRegulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 (OJ L 354, 31.12.2008, p. 7)., Regulation (EC) No 1333/2008 of the European Parliament and of the CouncilRegulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16). or Regulation (EC) No 1334/2008 of the European Parliament and of the CouncilRegulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34)., or that animal part is vitamin D3 only.2.At the time of placing on the market, shelf-stable composite products referred to in paragraph 1 shall be accompanied by a private attestation in accordance with the model laid down in Annex V to Commission Implementing Regulation (EU) 2020/2235Commission 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)..
Article 4Official controls on composite products exempted from official controls at border control posts1.The competent authorities shall perform official controls on shelf-stable composite products referred to in Article 3 regularly, on a risk basis and with appropriate frequency, taking into account the criteria referred to in Article 44(2) of Regulation (EU) 2017/625.2.The official controls referred to in paragraph 1 shall be performed at any of the following places within the customs territory of the Union:(a)the place of destination;(b)the point of release for free circulation in the Union;(c)the warehouses or the premises of the operator responsible for the consignment.3.The official controls referred to in paragraph 1 shall be performed in accordance with Articles 45 and 46 of Regulation (EU) 2017/625.
Article 5Amendments to Decision 2007/275/ECDecision 2007/275/EC is amended as follows:(1)Article 6 is deleted;(2)Annex II is deleted.
Article 6Entry into force and date of applicationThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.It shall apply from 21 April 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEXList of composite products exempted from official controls at border control posts (Article 3)This list sets out composite products, in accordance with the Combined Nomenclature (CN) in use in the Union, that do not need to be submitted for official controls at border control posts.Notes relating to the table:Column (1) – CN codeThis column indicates the CN code. The CN, established by Regulation (EEC) No 2658/87, is based on the Harmonized Commodity Description and Coding System ("Harmonized System (HS)") drawn up by the Customs Cooperation Council, now the World Customs Organisation, and approved by Council Decision 87/369/EECCouncil Decision 87/369/EEC of 7 April 1987 concerning the conclusion of the International Convention on the Harmonized Commodity Description and Coding System and of the Protocol of Amendment thereto (OJ L 198, 20.7.1987, p. 1).. The CN reproduces the headings and subheadings of the HS to six digits. The seventh and eighth digits identify further CN subheadings.Where a four-, six- or eight-digit code not marked with "ex" is used, and unless otherwise specified, all composite products prefixed with or covered by these four-, six- or eight-digits are not required to be submitted for official controls at border control posts.Where only certain specified composite products under any four-, six- or eight-digit code contain animal products and no specific subdivision under this code exists in the CN, the code is marked "ex". For example, with respect to "ex20019065", checks at border control posts are not required for the products outlined in column (2).Column (2) – ExplanationsThis column gives details of the composite products covered by the exemption from official controls at border control posts.
CN codesExplanations
(1)(2)
1704, ex180620, ex18063100, ex180632, ex18069011, ex18069019, ex18069031, ex18069039, ex18069050, ex18069090Confectionery (including sweets), chocolate and other food preparations containing cocoa that meet the requirements of Article 3(1)
ex190219, ex190230, ex190240Pasta, noodles and couscous that meet the requirements of Article 3(1)
ex190510, ex190520, ex190531, ex190532, ex190540, ex190590Bread, cakes, biscuits, waffles and wafers, rusks, toasted bread and similar toasted products that meet the requirements of Article 3(1)
ex20019065, ex20057000, ex1604Olives stuffed with fish that meet the requirements of Article 3(1)
2101Extracts, 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 that meet the requirements of Article 3(1). Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof that meet the requirements of Article 3(1).
ex2104Soup stocks and flavourings packaged for the final consumer that meet the requirements of Article 3(1)
ex2106Food supplements packaged for the final consumer, containing processed animal products (including glucosamine, chondroitin or chitosan) that meet the requirements of Article 3(1)
ex220870Liqueurs and cordials that meet the requirements of Article 3(1)
Article 1Subject matterThis Regulation establishes rules concerning:(1)the cases where and the conditions under which composite products are exempted from official controls at border control posts and when such exemption is justified;(2)the performance of specific official controls on composite products exempted from official controls at border control posts.
Article 2DefinitionsFor the purposes of this Regulation, the following definitions apply:(1)"composite product" means composite product as defined in point (14) of Article 2 of Delegated Regulation (EU) 2019/625;(2)"shelf-stable composite products" means products that do not need to be transported or stored under controlled temperatures.
Article 3Composite products exempted from official controls at border control posts1.The following shelf-stable composite products shall be exempted from official controls at border control posts:(a)shelf-stable composite products that do not contain colostrum-based products or processed meat other than gelatine, collagen or highly refined products referred to in Section XVI of Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the CouncilRegulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55)., provided they meet the following requirements:(i)they comply with the requirements for entry into the Union laid down in Article 12(2) of Delegated Regulation (EU) 2019/625;(ii)any dairy and egg products contained in the shelf-stable composite products comply with Article 163(1) of Delegated Regulation (EU) 2020/692;(iii)they are identified as intended for human consumption;(iv)they are securely packaged or sealed; and(v)they are listed in the Annex to this Regulation;(b)shelf-stable composite products where all the animal products present in the final composite product fall within the scope of Regulation (EC) No 1332/2008 of the European Parliament and of the CouncilRegulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 (OJ L 354, 31.12.2008, p. 7)., Regulation (EC) No 1333/2008 of the European Parliament and of the CouncilRegulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16). or Regulation (EC) No 1334/2008 of the European Parliament and of the CouncilRegulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34)., or that animal part is vitamin D3 only.2.At the time of placing on the market, shelf-stable composite products referred to in paragraph 1 shall be accompanied by a private attestation in accordance with the model laid down in Annex V to Commission Implementing Regulation (EU) 2020/2235Commission 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)..
Article 4Official controls on composite products exempted from official controls at border control posts1.The competent authorities shall perform official controls on shelf-stable composite products referred to in Article 3 regularly, on a risk basis and with appropriate frequency, taking into account the criteria referred to in Article 44(2) of Regulation (EU) 2017/625.2.The official controls referred to in paragraph 1 shall be performed at any of the following places within the customs territory of the Union:(a)the place of destination;(b)the point of release for free circulation in the Union;(c)the warehouses or the premises of the operator responsible for the consignment.3.The official controls referred to in paragraph 1 shall be performed in accordance with Articles 45 and 46 of Regulation (EU) 2017/625.
Article 5Amendments to Decision 2007/275/ECDecision 2007/275/EC is amended as follows:(1)Article 6 is deleted;(2)Annex II is deleted.
Article 6Entry into force and date of applicationThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.It shall apply from 21 April 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEXList of composite products exempted from official controls at border control posts (Article 3)This list sets out composite products, in accordance with the Combined Nomenclature (CN) in use in the Union, that do not need to be submitted for official controls at border control posts.Notes relating to the table:Column (1) – CN codeThis column indicates the CN code. The CN, established by Regulation (EEC) No 2658/87, is based on the Harmonized Commodity Description and Coding System ("Harmonized System (HS)") drawn up by the Customs Cooperation Council, now the World Customs Organisation, and approved by Council Decision 87/369/EECCouncil Decision 87/369/EEC of 7 April 1987 concerning the conclusion of the International Convention on the Harmonized Commodity Description and Coding System and of the Protocol of Amendment thereto (OJ L 198, 20.7.1987, p. 1).. The CN reproduces the headings and subheadings of the HS to six digits. The seventh and eighth digits identify further CN subheadings.Where a four-, six- or eight-digit code not marked with "ex" is used, and unless otherwise specified, all composite products prefixed with or covered by these four-, six- or eight-digits are not required to be submitted for official controls at border control posts.Where only certain specified composite products under any four-, six- or eight-digit code contain animal products and no specific subdivision under this code exists in the CN, the code is marked "ex". For example, with respect to "ex20019065", checks at border control posts are not required for the products outlined in column (2).Column (2) – ExplanationsThis column gives details of the composite products covered by the exemption from official controls at border control posts.
CN codesExplanations
(1)(2)
1704, ex180620, ex18063100, ex180632, ex18069011, ex18069019, ex18069031, ex18069039, ex18069050, ex18069090Confectionery (including sweets), chocolate and other food preparations containing cocoa that meet the requirements of Article 3(1)
ex190219, ex190230, ex190240Pasta, noodles and couscous that meet the requirements of Article 3(1)
ex190510, ex190520, ex190531, ex190532, ex190540, ex190590Bread, cakes, biscuits, waffles and wafers, rusks, toasted bread and similar toasted products that meet the requirements of Article 3(1)
ex20019065, ex20057000, ex1604Olives stuffed with fish that meet the requirements of Article 3(1)
2101Extracts, 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 that meet the requirements of Article 3(1). Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof that meet the requirements of Article 3(1).
ex2104Soup stocks and flavourings packaged for the final consumer that meet the requirements of Article 3(1)
ex2106Food supplements packaged for the final consumer, containing processed animal products (including glucosamine, chondroitin or chitosan) that meet the requirements of Article 3(1)
ex220870Liqueurs and cordials that meet the requirements of Article 3(1)