Commission Delegated Regulation (EU) 2023/1674

Contents

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)^note, and in particular Article 48, points (d) and (h), and Article 77(1), point (k), thereof,Whereas:

(1)Commission Delegated Regulation (EU) 2021/630^note 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) 2019/625^note 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 Commission Delegated Regulation (EU) 2022/2292^note repealed Delegated Regulation (EU) 2019/625 from 15 December 2022.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Delegated Regulation (EU) 2019/625, in order to ensure legal certainty, it is necessary to replace the reference to the repealed Article 12(2) of Delegated Regulation (EU) 2019/625 in Delegated Regulation (EU) 2021/630 with a reference to Article 20(2) and (3) of Delegated Regulation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) 2019/2122^note 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:

Article 1 #

Delegated Regulation (EU) 2021/630 is amended as follows:

1.in Article 3(1), point (a)(i) is replaced by the following:

(i)they comply with the requirements for entry into the Union laid down in Article 20(2) and (3) of Commission Delegated Regulation (EU) 2022/2292^note;

2.the Annex is replaced by the text set out in the Annex to this Regulation.

Article 2 #

Delegated Regulation (EU) 2019/2122 is amended as follows:

1.in Annex I, Part 2 is replaced by the following:‘PART 2List of goods which are not exempted from official controls at border control posts provided for in Article 7, point (c)Combined Nomenclature code | Description | Qualification and explanationex Chapter 2(0201-0210) | Meat and edible meat offal | All, excluding frogs’ legs (CN code 02089070)0401-0406 | Dairy produce | Allex05040000 | Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked | All, excluding casingsex0511 | Animal products not elsewhere specified or included; dead animals of Part 2, Section 1, Chapter 1 or 3, of Annex I to Regulation (EEC) No 2658/87, unfit for human consumption | Only petfood150100 | Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503 | All150200 | Fats of bovine animals, sheep or goats, other than those of heading 1503 | All150300 | Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared | All15060000 | Other animal fats and oils and their fractions, whether or not refined, but not chemically modified | All160100 | Sausages and similar products, of meat, meat offal, blood or insects; food preparations based on these products | All, excluding insects1602 | Other prepared or preserved meat, meat offal, blood or insects | All, excluding insects1702110017021900 | Lactose and lactose syrup | Allex1901 | 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 bothex1902 | 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 | Preparations containing meat or milk, or both, excluding shelf-stable pasta, noodles and couscous not containing meatex1905 | 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 | Preparations containing meat or milk, or both, excluding shelf-stable breads, cakes, prepared pastries, biscuits (including crackers), waffles and wafers, rusks, toasted bread and similar toasted products, and chips and crisps not containing meatex2004 | 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 bothex2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 | Preparations containing meat or milk, or both, excluding shelf-stable potato chips and crisps suitable for immediate consumption and not containing meatex2103 | Sauces and preparations thereof; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard | Only preparations containing meat or milk, or bothex2104 | Soups and broths and preparations therefore; homogenised composite food preparations | Preparations containing meat or milk, or both, excluding shelf-stable soup stocks and flavourings packaged for the final consumer and not containing meatex210500 | Ice cream and other edible ice, whether or not containing cocoa | Only those preparations containing milkex2106 | Food preparations not elsewhere specified or included | Preparations containing meat or milk, or both, excluding shelf-stable food supplements packaged for the final consumer, containing processed animal products (including glucosamine, chondroitin or chitosan) and not containing meatex2309 | Preparations of a kind used in animal feeding | Only petfood, dog chews and mixtures of meals containing meat or milk, or both

2.in Annex III, point 7 is replaced by the following:‘7.Exempted productsThe following products are exempted from the rules set out in points 1 to 6 provided that they meet the requirements of Article 3(1), point (a), of Delegated Regulation (EU) 2021/630:

—confectionery (including sweets), white chocolate and other food preparations, not containing cocoa, and confectionery (including sweets), chocolate and other food preparations, spreads, and preparations for making beverages, containing cocoa;

—food supplements packaged for the final consumer, containing processed animal products (including glucosamine, chondroitin or chitosan);

—liqueurs and cordials.

—pasta, noodles and couscous;

—prepared foods obtained by the swelling or roasting of cereals or cereal products, prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals (e.g. breakfast cereals, mueslis, granolas), and prepared foods obtained from rice and other cereals;

—breads, cakes, prepared pastries, biscuits (including crackers), waffles and wafers, rusks, toasted bread and similar toasted products, and chips and crisps (including potato chips and crisps);

—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 maté thereof;

—roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof;

—miso containing a small amount of fish soup stock and soy sauce containing a small amount of fish soup stock;

—soup stocks and flavourings packaged for the final consumer;

Composite products that have in their composition as products of animal origin only enzymes, flavourings, additives or vitamin D3 are exempted from the rules set out in points 1 to 6 provided that they meet the requirements of Article 3(1), point (b), of Delegated Regulation (EU) 2021/630.’.

Article 3 #

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

‘’

List 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/EEC^note. 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 codes | Explanations(1) | (2)1704, ex1806 | Confectionery (including sweets) and white chocolate, not containing cocoa, and confectionery (including sweets), chocolate and other food preparations, spreads, and preparations for making beverages, containing cocoa, that meet the requirements of Article 3(1), point (a).ex190219, ex190230, ex190240 | Pasta, noodles and couscous that meet the requirements of Article 3(1), point (a).ex190410, ex190420, ex190490 | Prepared foods obtained by the swelling or roasting of cereals or cereal products, prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals that meet the requirements of Article 3(1), point (a), (e.g. breakfast cereals, mueslis, granolas).Prepared foods obtained from rice and other cereals that meet the requirements of Article 3(1), point (a).ex190510, ex190520, ex190531, ex190532, ex190540, ex190590 | Breads, cakes, prepared pastries, biscuits (including crackers), waffles and wafers, rusks, toasted bread and similar toasted products, and chips and crisps that meet the requirements of Article 3(1), point (a).ex20019065, ex20057000, ex1604 | Olives stuffed with fish that meet the requirements of Article 3(1), point (a).ex20052020 | Potato chips and crisps suitable for immediate consumption that meet the requirements of Article 3(1), point (a).2101 | 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 maté thereof that meet the requirements of Article 3(1), point (a).Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof that meet the requirements of Article 3(1), point (a).ex2103 | Miso containing a small amount of fish soup stock and soy sauce containing a small amount of fish soup stock that meet the requirements of Article 3(1), point (a).ex2104 | Soup stocks and flavourings packaged for the final consumer that meet the requirements of Article 3(1), point (a).ex2106 | Food supplements packaged for the final consumer, containing processed animal products (including glucosamine, chondroitin or chitosan) that meet the requirements of Article 3(1), point (a).ex220870 | Liqueurs and cordials that meet the requirements of Article 3(1), point (a).

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List of composite products exempted from official controls at border control posts (Article 3)

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