COMMISSION IMPLEMENTING REGULATION (EU) 2022/854

of 31 May 2022

amending Annex III to Implementing Regulation (EU) 2020/2235 as regards model animal health/official certificates for the entry into the Union of consignments of certain products of animal origin

(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 laying down specific hygiene rules for food of animal origin (1), 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’) (2), 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) 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) (3), and in particular Article 90, first paragraph, points (a) and (b), and Article 126(3) thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2020/2235 (4) lays down rules regarding animal health certificates provided for in Regulation (EU) 2016/429, official certificates provided for in Regulation (EU) 2017/625, and animal health/official certificates based on those Regulations, required for the entry into the Union of certain consignments of animals and goods. In particular, Annex III to Implementing Regulation (EU) 2020/2235 lays down, inter alia, model animal health/official certificates for the entry into the Union of consignments of certain products of animal origin intended for human consumption.

(2) More specifically, Chapter 1 of Annex III to Implementing Regulation (EU) 2020/2235 sets out the model animal health/official certificates for the entry into the Union of fresh meat intended for human consumption, excluding mechanically separated meat of domestic bovine animals (MODEL BOV). In the Notes to Part I of that model, Box reference I.27 should be supplemented by the missing category of ‘offal’ in the description of the nature of commodity. It is therefore necessary to amend that model accordingly.

(3) Furthermore, Chapters 33, 34 and 35 of Annex III to Implementing Regulation (EU) 2020/2235 set out model animal health/official certificates for the entry into the Union of respectively, raw milk intended for human consumption (MODEL MILK-RM); dairy products intended for human consumption derived from raw milk or that are not required to undergo a specific risk-mitigating treatment (MODEL MILK-RMP/NT); and dairy products intended for human consumption that are required to undergo a pasteurisation treatment (MODEL DAIRY-PRODUCTS-PT). The animal health attestation of those models should be clarified as regards the animal health requirements relating to the origin of the milk. It is therefore necessary to amend those models accordingly.

(4) Annex III to Implementing Regulation (EU) 2020/2235 should be therefore amended accordingly.

(5) In order to avoid any disruption to trade as regards the entry into the Union of consignments of products of animal origin covered by the model animal health/official certificates set out in Chapters 1, 33, 34 and 35 of Annex III to Implementing Regulation (EU) 2020/2235, the use of animal health/official certificates issued in accordance with Implementing Regulation (EU) 2020/2235, as applicable prior to the amendments made by this Implementing Regulation, should continue to be authorised during a transitional period subject to certain conditions.

(6) 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:

Article 1 Annex III to Implementing Regulation (EU) 2020/2235 is amended in accordance with the Annex to this Regulation.

Article 2 For a transitional period until 15 February 2023, consignments of certain products of animal origin, accompanied by the appropriate animal health/official certificates issued in accordance with the models set out in Chapters 1, 33, 34 and 35 of Annex III to Implementing Regulation (EU) 2020/2235, as applicable before the amendments made to that Implementing Regulation by this Implementing Regulation, shall continue to be authorised for the entry into the Union provided that the animal health/official certificate was issued no later than 15 November 2022.

Article 3 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 31 May 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 139, 30.4.2004, p. 55.

(2) OJ L 84, 31.3.2016, p. 1.

(3) OJ L 95, 7.4.2017, p. 1.

(4) Commission 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).