Commission Delegated Regulation (EU) 2026/908

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, point (h), and Article 77(1), point (k), thereof,Whereas:

(1)Commission Delegated Regulation (EU) 2021/630^note establishes the list of shelf-stable composite products that are exempted from official controls at border control posts.

(2)Article 22 of Commission Delegated Regulation (EU) 2022/2292^note lays down certain requirements as regards the private attestation to be presented by food business operators for consignments of shelf-stable composite products entering the Union from third countries or regions thereof. Since Article 1, point (5), of Commission Delegated Regulation (EU) 2025/637^note amended Article 22 of Delegated Regulation (EU) 2022/2292 by introducing a derogation from private attestation for the entry into the Union of composite products that do not contain any processed product of animal origin other than gelatine capsules not derived from ruminant bones, it is necessary to amend Article 3(2) of Delegated Regulation (EU) 2021/630 to align it with Article 22 of Delegated Regulation (EU) 2022/2292.

(3)Since the shelf-stable composite products under Combined Nomenclature codes 190410, 190420, 2001, 2004, 2005, 200819, 200899, 2103 and 2106 in the form of certain cereal products, such as popcorn, corn sticks and puffs, potato chips and crisps suitable for immediate consumption, prepared or preserved vegetables, fruits, nuts and other edible parts of plants containing honey as the only ingredient of animal origin, sauces containing oyster or fish extracts, sauces and preparations therefor, condiments and seasonings containing honey as the only ingredient of animal origin, and sweets, gums and the like containing synthetic sweetening agents instead of sugar pose a low risk to human and animal health, these products should also be exempted from official controls at border control posts.

(4)Delegated Regulation (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, paragraph 2 is replaced by the following:‘2.Shelf-stable composite products referred to in paragraph 1, point (a), shall comply with the requirements for private attestation laid down in Article 22 of Delegated Regulation (EU) 2022/2292.’;

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

Article 2 #

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 code

This column indicates the CN code. The CN, established by Council Regulation (EEC) No 2658/87^note, 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) – Explanations

This 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, popcorn, corn sticks and puffs).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).
ex2001, ex2004, ex2005, ex200819, ex200899, ex1604	Olives stuffed with fish, potato chips and crisps suitable for immediate consumption, and prepared or preserved vegetables, fruits, nuts and other edible parts of plants containing honey as the only ingredient of animal origin 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, sauces containing oyster or fish extracts, and sauces and preparations therefor, condiments and seasonings containing honey as the only ingredient of animal origin 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, and sweets, gums and the like containing synthetic sweetening agents instead of sugar, 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).