EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
POOL/1869/2022 
(POOL/G3/2022/1869/1869 -EN.docx)  
[…](2023) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
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 o ther 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)   EN 1  EN  
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
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 com posite 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, C ouncil 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/EE C (Official Controls Regulation)1, and in particular Article 48 , point s (d) 
and (h), and Article 77(1) , point (k) , thereof,   
Whereas:  
(1) Commission Delegated Regulation (EU) 2021/6302 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) 2019/6253 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 ha d to comply with those  requiremen ts. Com mission Delegated 
                                                 
1 OJ L 95, 7.4.2017, p.  1. 
2 Commission 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 amendi ng Commission Decision 
2007/275/EC (OJ L 132, 19.4.2021, p. 17).  
3 Commission 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).  EN 2  EN Regulation (EU) 202 2/22924 repeal ed Delegated Regulation (EU) 2019/625 from 15 
December 2022. Since Delegated Regulation (EU) 2021/630 refers to Delegated 
Regulation (EU) 2019/625, i n order to ensure legal certainty, it is necessary to replace 
the refer ence 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 requ irements for composite  
products entering the Union from third countries or regions thereof.  
(3) Since t he shelf -stable composite products under CN codes 1806 90 60 , 1806 90 70 , 
1904 10 , 1904 20 , 1904 90 , 1905 90 , 2005 20 20  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 
contr ols at border control posts.  
(4) Commission Delegated Regulation (EU) 2019/21225 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 offic ial 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 amendment s are  a direct consequence of the former, i t 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 tho se 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) 2 021/630 , it is necessary to amend also point 7 of Annex III to 
Delegated Regulation (EU) 2019/2122 and  align the list s of exempted composite 
products in both Delegated Regulation s. 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 Regulation s (EU) 2019/2122 and (EU) 2021/630  should therefore be 
amended accordingly , 
                                                 
4 Commission 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). 
5 Commission Delegated Regulation (EU) 2019/2122 of 10 Octo ber 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).  EN 3  EN HAS ADOPTED THIS REGULATION:  
Article 1  
Delegated Regulation (EU) 2 021/630 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 (*); 
 ----------------  
(*) Commission 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). ’;  
(2) the Annex is replaced by the text set out in the Annex to this Regulation.  
Article 2 
Delegated Regulation (EU) 2 019/2122  is amended as follows:  
(1) in Annex I, Part 2  is replaced by the following : 
‘PART 2  
List 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 explanation  
ex Chapter 2  
(0201 -0210)  Meat and edible meat offal  All, excluding frogs ’ legs (CN code 
0208  90 70) 
0401 -0406  Dairy produce  All 
ex 0504  00 00 Guts, bladders and stomachs of animals (other than 
fish), whole and pieces thereof, fresh, chilled, frozen, 
salted,  in brine, dried or smoked  All, excluding casings  
ex 0511  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 petfood  
1501  00 Pig fat (including lard) and poultry fat, other than 
that of heading 0209 or 1503  All 
1502  00 Fats of bovine animals, sheep or goats, other than 
those of heading 1503  All EN 4  EN 1503  00 Lard stearin, lard oil, oleostearin, oleo -oil and tallow 
oil, not emulsified or mixed or otherwise prepared  All 
1506  00 00 Other animal fats and oils and their fractions, 
whether or not refined, but not chemically modified  All 
1601  00 Sausages and similar products, of meat, meat offal ,  
blood; food preparations based on these products  All 
1602  Other prepared or preserved meat, meat offal or 
blood  All 
1702  11 00 
1702  19 00 Lactose and lactose syrup  All 
ex 1901  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 both  
ex 1902  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 
meat  (**) 
ex 1905  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 b reads, 
cakes, prepared pastries, biscuits 
(including crackers), waffles and wafers, 
rusks, toasted bread and similar toasted 
products, and chips and crisps not 
containing meat  (***)  
ex 2004  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 both  
ex 2005  Other vegetables prepared or preserved otherwise 
than by vinegar or acetic acid, not frozen, othe r 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 
meat  (*****)  EN 5  EN ex 2103  Sauces and preparations thereof; mixed condiments 
and mixed seasonings; mustard flour and meal and 
prepared mustard  Only p reparations containing meat or 
milk, or both  
ex 2104  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 
meat  (******)  
ex 2105  00 Ice cream and other edible ice, whether or not 
containing cocoa  Only those preparations containing milk  
ex 2106  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 meat  (*******)  
ex 2309  Preparations of a kind used in animal feeding  Only petfood, dog chews and mixtures 
of meals containing meat or milk, or 
both 
 
Notes:  
1. Column 1: Where only certain products under any code are required to be examined 
and no specific subdivision under this code exists in the goods nomenclature, the 
code is marked “ex” (e.g. ex  19 01: only those preparations containing meat or milk , 
or both should be included).  
2. Column 2: The description of the goods is as laid down in the description column of 
Annex I to Regulation (EEC) No 2658/87.  
3. Column 3: This column gives details of the products covered.  
 
___________  
(*) Annex I to Council Regulat ion (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). 
(**) In accordance with Commission 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).  
(***)  In accordance with De legated Regulation (EU) 2021/630 . EN 6  EN (****)  Heading 2006 reads: “ vegetables, fruit, nuts, fruit -peel and other parts of plants, 
preserved by sugar (drained, glacé or crystallised)”.  
(*****)  In accordance with Delegated Regulation (EU) 2021/630 . 
(******)  In accordance with Delegated Regulation (EU) 2021/630 . 
(*******)  In accordance with Delegated Regulation (EU) 2021/630 .’; 
 
(2) in Annex III , point  7 is replaced  by the following:  
‘ 
7. Exempted products  
The 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  (includ ing sweets) , chocolate and other food 
preparations, spreads, and preparations for making beverages , containing cocoa;  
– 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 mixture s 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 ;  
– bread s, 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 wit h a basis of coffee, tea or mat é 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;  
– food supplements packaged for the final consumer, containing processed animal 
products (including glucosamine, chondr oitin or chitosan);  
– liqueurs and cordials . 
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 r equirements 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 .  EN 7  EN This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN