Commission Delegated Regulation (EU) 2022/887 of 28 March 2022 amending 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)
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) THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)OJ L 95, 7.4.2017, p. 1., and in particular Article 48, points (b), (d), (e), (f) and (h), and Article 126(1) thereof,Whereas:(1)Commission Delegated Regulation (EU) 2019/625Commission Delegated Regulation (EU) 2019/625 of 4 March 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption (OJ L 131, 17.5.2019, p. 18). supplements Regulation (EU) 2017/625 as regards the requirements for entry in the Union of consignments of certain animals and goods intended for human consumption from third countries or regions thereof in order to ensure that they comply with the applicable requirements or with requirements recognised to be at least equivalent thereto.(2)Apart from requiring that products of animal origin intended for human consumption enter the Union from a third country or region thereof included in the relevant lists, Article 3, point (a), of Delegated Regulation (EU) 2019/625 refers to specific Combined Nomenclature codes ("CN codes") and Harmonised System codes ("HS codes") that must have been laid down for the products concerned.(3)Until 31 December 2020, the importation of vitamin D3 derived from lanolin of sheep wool referred to by the HS codes under heading 2936 in Part Two of Annex I to Council Regulation (EEC) No 2658/87Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1). was allowed based on transitional measures laid down in Commission Regulation (EU) 2017/185Commission Regulation (EU) 2017/185 of 2 February 2017 laying down transitional measures for the application of certain provisions of Regulations (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council (OJ L 29, 3.2.2017, p. 21).. The Union is highly dependent on the importation of this product. Due to the robust process by which vitamin D3 is obtained from lanolin, there is no public health concern related to the importation of such product. Importation of vitamin D3 derived from lanolin should therefore be authorised again and the appropriate heading introduced in Article 3, point (a), of Delegated Regulation (EU) 2019/625.(4)Hardened gelatine or unhardened gelatine capsules are produced from gelatine by enhanced heating. Such gelatine should therefore comply with the import conditions for gelatine, such as the requirement that these products originate from third countries or regions thereof authorised to export these products to the Union and the guarantees to be provided on the manufacturing of raw materials in accordance with Article 7 of Delegated Regulation (EU) 2019/625. However, as the public health risk from establishments manufacturing such gelatine is negligible, gelatine capsules should be exempted from the requirements for entry into the Union in relation to establishments and certification, except, as regards certification, when derived from ruminant bones in accordance with Regulation (EC) No 999/2001 of the European Parliament and of the CouncilRegulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1)..(5)Articles 3, 5, 12 and 13 of Delegated Regulation (EU) 2019/625 provide for import requirements for consignments of goods referred to by certain CN codes or HS codes in Part Two of Annex I to Regulation (EEC) No 2658/87. It is appropriate to clarify the applicable codes in order to avoid any ambiguity as regards which codes apply to those goods. Missing codes should be added and codes which are not relevant or redundant should be removed.(6)Bee pollen flour, referred to by CN code ex12129995, may represent a public health risk related to the presence of residues of environmental contaminants similar to other apiculture products. Similar requirements for entry into the Union should apply to bee pollen flour as to other apiculture products.(7)Regulation (EU) 2021/1756 of the European Parliament and of the CouncilRegulation (EU) 2021/1756 of the European Parliament and of the Council of 6 October 2021 amending Regulation (EU) 2017/625 as regards official controls on animals and products of animal origin exported from third countries to the Union in order to ensure compliance with the prohibition of certain uses of antimicrobials and Regulation (EC) No 853/2004 as regards the direct supply of meat from poultry and lagomorphs (OJ L 357, 8.10.2021, p. 27). amends Article 18 of Regulation (EU) 2017/625, extending to all echinoderms which are not filter feeders, and not only to Holothuroidea, the possibility laid down in Article 18(7), point (g), of Regulation (EU) 2017/625 of derogating from the requirement to classify the production and relaying areas. Consequently, Article 8(2), point (b), of Delegated Regulation (EU) 2019/625, which details the conditions of this derogation, should be amended accordingly.(8)In accordance with Article 12(2), point (c), of Delegated Regulation (EU) 2019/625, composite products referred to in Article 12(1) of that Regulation that do not need to be transported or stored under controlled temperatures and which contain processed products of animal origin other than processed meat, for which requirements are laid down in 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)., are to originate from third countries or regions thereof authorised to export meat products, dairy products, colostrum-based products, fishery products or egg products to the Union on the basis of the Union animal and public health requirements and which are listed at least for one of these products of animal origin pursuant to Article 3 of Delegated Regulation (EU) 2019/625.(9)Considering the animal health risks related to colostrum-based products and the absence of effective treatments to mitigate them, shelf-stable composite products containing colostrum-based products should originate from countries authorised to export colostrum-based products to the Union. Shelf-stable composite products containing colostrum-based products should also no longer benefit from the possibility of being accompanied by a private attestation instead of an official certificate.(10)Gelatine, collagen and certain highly refined products can be imported without submitting a residue monitoring plan and, consequently, it should not be necessary that countries are listed in the Annex to Commission Decision 2011/163/EUCommission Decision 2011/163/EU of 16 March 2011 on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (OJ L 70, 17.3.2011, p. 40). to be allowed to export these products to the Union or to use these products as ingredients in composite products for export to the Union, although listing in accordance with Articles 18, 19 or 22 of Commission Implementing Regulation (EU) 2021/405Commission Implementing Regulation (EU) 2021/405 of 24 March 2021 laying down the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 118). remains mandatory. In addition, certain third countries should be able export to the Union shelf-stable composite products not containing colostrum-based products or processed meat using processed products of animal origin that have been sourced either from a Member State or from a third country listed, for the relevant species/commodity from which those processed products are derived, in the Annex to Decision 2011/163/EU.(11)Shelf-stable composite products where the only animal products present in the final composite product are vitamin D3, food additives, food enzymes or food flavourings, represent a negligible risk due to their manufacturing process. These products should therefore be exempted from the listing of countries and from the private attestation requirements.(12)Article 13 of Delegated Regulation (EU) 2019/625 lays down requirements as regards the certification for entry into the Union of certain animals and goods intended for human consumption. Certification requirements in case of entry from a third country of these animals and goods, both coming from another third country, and in case of transit, should be clarified.(13)Article 14(1) of Delegated Regulation (EU) 2019/625 lays down that a private attestation is to accompany consignments of certain composite products. The current wording should be clarified as regards the composite products to which this provision applies.(14)Regulation (EU) 2016/429 of the European Parliament and of the CouncilRegulation (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). applies from 21 April 2021, resulting in the repeal of several acts referred to in Delegated Regulation (EU) 2019/625. For reasons of clarity and consistency, it is appropriate to update these references.(15)Commission Delegated Regulation (EU) 2019/2122Commission 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 (OJ L 321, 12.12.2019, p. 45). establishes certain categories of animals and goods exempted from official controls at border control posts.(16)Article 4 of Delegated Regulation (EU) 2019/2122 provides for different documents that need to accompany certain samples exempted from official controls at border control posts. It should be clarified which documents are to accompany samples of animal origin, in accordance with the rules applicable to their entry into the Union. In particular, it should be clarified that certificates accompanying samples are to contain at least the relevant animal health attestation. Furthermore, it should be clarified from which third countries such samples may enter the Union.(17)Article 10 of Delegated Regulation (EU) 2019/2122 provides that small consignments of certain goods sent to natural persons which are not intended to be placed on the market are exempted from official controls at border control posts. In the interest of legal certainty, the categories of exempted goods should be clarified. In addition, the terminology used to refer to some of those goods in Annexes I and III to Delegated Regulation (EU) 2019/2122 should be aligned with the terminology in Regulation (EU) No 609/2013 of the European Parliament and of the CouncilRegulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35)..(18)Article 11 of Delegated Regulation (EU) 2019/2122 provides that pet birds entering the Union during a non-commercial movement in accordance with Commission Decision 2007/25/ECCommission Decision 2007/25/EC of 22 December 2006 as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community (OJ L 8, 13.1.2007, p. 29). are exempted from official controls at border control posts. Decision 2007/25/EC was, however, replaced by Commission Delegated Regulation (EU) 2021/1933Commission Delegated Regulation (EU) 2021/1933 of 14 July 2021 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to rules for non-commercial movements of pet birds into a Member State from a territory or a third country (OJ L 396, 10.11.2021, p. 4). and Commission Implementing Regulation (EU) 2021/1938Commission Implementing Regulation (EU) 2021/1938 of 9 November 2021 establishing the model identification document for non-commercial movements of pet birds into a Member State from a territory or a third country and repealing Decision 2007/25/EC (OJ L 396, 10.11.2021, p. 47). and repealed by the latter. References to that Decision in Delegated Regulation (EU) 2019/2122 should therefore be updated.(19)Commission Delegated Regulation (EU) 2021/630Commission 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 (OJ L 132, 19.4.2021, p. 17). exempts certain categories of food from official controls at border control posts. In order to ensure legal certainty, it is necessary to exclude shelf-stable composite products containing 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 from the products to be exempted from official controls at border control post in accordance with Delegated Regulation (EU) 2021/630.(20)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, represent a negligible risk. They should therefore be exempted from official controls at border control posts.(21)Animal health requirements for dairy and egg products contained in composite products laid down in Article 163, point (a), of Commission Delegated Regulation (EU) 2020/692Commission 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)., were amended by Delegated Regulation (EU) 2021/1703Commission Delegated Regulation (EU) 2021/1703 of 13 July 2021 amending Delegated Regulation (EU) 2020/692 as regards the animal health requirements for the entry into the Union of products of animal origin contained in composite products (OJ L 339, 24.9.2021, p. 29).. In order to ensure legal certainty, it is necessary to refer in Delegated Regulation (EU) 2021/630 to the new legal requirements for dairy and egg products contained in composite products.(22)Since the amendments to Delegated Regulations (EU) 2019/625, (EU) 2019/2122 and (EU) 2021/630 are linked to each other insofar as they concern the adaptation of import conditions for shelf-stable composite products containing colostrum-based products, and since the other amendments to Delegated Regulation (EU) 2019/2122 merely concern minor updates of references, it is appropriate to make those amendments in one single act.(23)Delegated Regulations (EU) 2019/625, (EU) 2019/2122 and (EU) 2021/630 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION:
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