Commission Implementing Regulation (EU) 2022/2504 of 19 December 2022 amending Annexes III and V to Implementing Regulation (EU) 2020/2235 as regards model animal health/official certificates and official certificates for the entry into the Union of consignments of certain fishery products and highly refined products of animal origin, and model private attestation for entering certain composite products into the Union (Text with EEA relevance)
Commission Implementing Regulation (EU) 2022/2504of 19 December 2022amending Annexes III and V to Implementing Regulation (EU) 2020/2235 as regards model animal health/official certificates and official certificates for the entry into the Union of consignments of certain fishery products and highly refined products of animal origin, and model private attestation for entering certain composite products into the Union(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 on laying specific hygiene rules for food of animal originOJ L 139, 30.4.2004, p. 55., and in particular Article 7(2), point (a), thereof,Having regard to 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., and in particular Articles 238(3) and 239(3) thereof,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 90, first paragraph , points (a) and (b), and Article 126(3) thereof,Whereas:(1)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). lays down rules regarding, inter alia, official certificates provided for in Regulation (EU) 2017/625 required for the entry into the Union of certain consignments of products of animals origin. In particular, Annex III to Implementing Regulation (EU) 2020/2235 lays down, inter alia, model animal health/official certificates and official certificates for the entry into the Union of consignments of certain fishery products and highly refined products of animal origin.(2)Chapters 30 and 31 of Annex III to Implementing Regulation (EU) 2020/2235 set out, respectively, the model official certificate for the entry into the Union of fishery products or fishery products derived from bivalve molluscs intended for human consumption entering the Union directly from a reefer, freezer or factory vessel flying the flag of a third country as provided for in Article 11(3) of 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). (model FISH/MOL-CAP) and the model animal health/official certificate for the entry into the Union of live bivalve molluscs, echinoderms, tunicates, marine gastropods and products of animal origin from those animals intended for human consumption (model MOL-HC). Commission Delegated Regulation (EU) 2022/2258Commission Delegated Regulation (EU) 2022/2258 of 9 September 2022 amending and correcting Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council on specific hygiene requirements for food of animal origin as regards fishery products, eggs and certain highly refined products, and amending Commission Delegated Regulation (EU) 2019/624 as regards certain bivalve molluscs (OJ L 299, 18.11.2022, p. 5). amended Article 11 of Delegated Regulation (EU) 2019/624Commission Delegated Regulation (EU) 2019/624 of 8 February 2019 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ L 131, 17.5.2019, p. 1)., whereby the classification of production and relaying areas is not required in relation to the harvesting of echinoderms which are not filter feeders. The model official certificate and the model animal health/official certificate for the entry into the Union of such fishery products should therefore be amended accordingly.(3)Chapter 46 of Annex III to Implementing Regulation (EU) 2020/2235 sets out the model official certificate for the entry into the Union of highly refined chondroitin sulphate, hyaluronic acid, other hydrolysed cartilage products, chitosan, glucosamine, rennet, isinglass and amino acids intended for human consumption (model HRP). Delegated Regulation (EU) 2022/2258 amended Regulation (EC) No 853/2004, adding fat derivatives and food flavourings that are authorised in accordance with 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)., subject to treatments excluding any public or animal health risk, as highly refined products. The model official certificate for the entry into the Union of such highly refined products should be amended accordingly.(4)Annex III to Implementing Regulation (EU) 2020/2235 should therefore be amended accordingly.(5)The model private attestation set out in Annex V to Implementing Regulation (EU) 2020/2235 for operators entering shelf-stable composite products into the Union should also be updated to facilitate filling out of the document, reflecting the experience gained, adding explanations and notes in order to facilitate provision of the information by importing food business operators. 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. Therefore, the private attestation set out in Annex V to Implementing Regulation (EU) 2020/2235 should be replaced by an updated version.(6)Annex V to Implementing Regulation (EU) 2020/2235 should therefore be amended accordingly.(7)Implementing Regulation (EU) 2020/2235 should therefore be amended accordingly.(8)In order to avoid any disruption to trade as regards the entry into the Union of consignments of certain fishery products, highly refined products of animal origin, and shelf-stable composite products, certificate/attestation issued in accordance with Implementing Regulation (EU) 2020/2235, issued prior to the amendments made by this Regulation, should continue to be authorised during a transitional period provided that such certificate/attestation was issued no later than 15 April 2023.(9)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,HAS ADOPTED THIS REGULATION: