Commission Delegated Regulation (EU) 2023/1674 of 19 June 2023 amending Delegated Regulation (EU) 2021/630 as regards the inclusion of certain spreads and preparations for making beverages containing cocoa, certain prepared foods obtained from cereals or cereal products, certain prepared foods obtained from rice and other cereals, certain chips and crisps, and certain sauces and condiments in the list of composite products exempted from official controls at border control posts and amending Annexes I and III to Delegated Regulation (EU) 2019/2122 (Text with EEA relevance)
Commission Delegated Regulation (EU) 2023/1674of 19 June 2023amending Delegated Regulation (EU) 2021/630 as regards the inclusion of certain spreads and preparations for making beverages containing cocoa, certain prepared foods obtained from cereals or cereal products, certain prepared foods obtained from rice and other cereals, certain chips and crisps, and certain sauces and condiments in the list of composite products exempted from official controls at border control posts and amending Annexes I and III to Delegated Regulation (EU) 2019/2122(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 (d) and (h), and Article 77(1), point (k), thereof,Whereas:(1)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). establishes the list of low risk shelf-stable composite products that are exempted from official controls at border control posts.(2)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). laid down certain requirements for consignments of composite products entering the Union from third countries or regions thereof. Shelf-stable composite products exempted from official controls at border control posts had to comply with those requirements. Commission Delegated Regulation (EU) 2022/2292Commission Delegated Regulation (EU) 2022/2292 of 6 September 2022 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 food-producing animals and certain goods intended for human consumption (OJ L 304, 24.11.2022, p. 1). repealed Delegated Regulation (EU) 2019/625 from 15 December 2022. Since Delegated Regulation (EU) 2021/630 refers to Delegated Regulation (EU) 2019/625, in order to ensure legal certainty, it is necessary to replace the reference to the repealed Article 12(2) of Delegated Regulation (EU) 2019/625 in Delegated Regulation (EU) 2021/630 with a reference to Article 20(2) and (3) of Delegated Regulation (EU) 2022/2292, laying down requirements for composite products entering the Union from third countries or regions thereof.(3)Since the shelf-stable composite products under CN codes 18069060, 18069070, 190410, 190420, 190490, 190590, 20052020 and 2103 in the form of certain spreads and preparations for making beverages containing cocoa, certain prepared foods obtained from cereals, cereal products, certain prepared foods obtained from rice, certain chips and crisps, and miso containing fish soup stock and soy sauce containing fish soup stock pose a low risk to human and animal health, these products should also be exempted from official controls at border control posts. Crackers are considered a type of biscuit and, therefore, they should be also exempted from official controls at border control posts.(4)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). lays down rules for the cases where and the conditions under which certain categories of animals and goods which form part of passengers’ personal luggage are exempted from official controls at border control posts.(5)Since by virtue of this Regulation certain low-risk shelf-stable composite products not containing meat are exempted from official controls at border control posts in accordance with Delegated Regulation (EU) 2021/630, those composite products should also be referred to in Part 2 of Annex I to Delegated Regulation (EU) 2019/2122 as exempted from official controls at border control posts. Given that the latter amendments are a direct consequence of the former, it is appropriate to make these amendments in one single act.(6)The list of exempted products in Annex III to Delegated Regulation (EU) 2019/2122 refers to the same goods as those that are contained in the list of composite products exempted from official controls at border control posts in the Annex to Delegated Regulation (EU) 2021/630. Since by virtue of this Regulation certain low-risk shelf-stable composite products not containing meat are added in the Annex to Delegated Regulation (EU) 2021/630, it is necessary to amend also point 7 of Annex III to Delegated Regulation (EU) 2019/2122 and align the lists of exempted composite products in both Delegated Regulations. Given that the two lists are substantively linked and are intended to be applied in tandem, it is appropriate to make the amendments to those lists in one single act.(7)Delegated Regulations (EU) 2019/2122 and (EU) 2021/630 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION: