COMMISSION IMPLEMENTING REGULATION (EU) 2022/1219

of 14 July 2022

amending Annex III to Implementing Regulation (EU) 2020/2235 as regards model certificates for the entry into and transit through the Union of consignments of certain composite products

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 on laying 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) 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) (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 (hereinafter together referred to as ‘the certificates’). In particular, Annex III to Implementing Regulation (EU) 2020/2235 lays down, among others, model certificates for the entry into and transit through the Union of consignments of certain composite products.

(2) Chapter 50 of Annex III to Implementing Regulation (EU) 2020/2235 sets out the model animal health/official certificate for the entry into the Union of non shelf-stable composite products and shelf-stable composite products, containing any quantity of meat products except gelatine, collagen and highly refined products, and intended for human consumption (model COMP). Chapter 52 of Annex III to Implementing Regulation (EU) 2020/2235 sets out the model animal health certificate for the transit through the Union to a third country, either by immediate transit or after storage in the Union, of non shelf-stable composite products and shelf-stable composite products, containing any quantity of meat products, and intended for human consumption (model TRANSIT-COMP). Both of those models include a specific animal health attestation for dairy products contained in the composite products. Heat treatments requirements in those attestations should be aligned with the treatments laid down in Annex XXVII to Commission Delegated Regulation (EU) 2020/692 (5). Additionally, the requirement to indicate the production dates of the dairy products and colostrum-based products contained in the composite products should be deleted as superfluous in light of the description provided in footnote (2) covering all the constituents of animal origin. Moreover, certain footnotes in the Notes to Part II to those models should be supplemented and clarified. It is therefore necessary to amend Chapters 50 and 52 of Annex III to Implementing Regulation (EU) 2020/2235 accordingly.

(3) In addition, in Chapter 52 of Annex III to Implementing Regulation (EU) 2020/2235, the requirement to indicate the approval number of the establishment of origin of dairy products contained in the composite products transiting through the Union should be deleted as the Union is not a final destination of those composite products. It is therefore necessary to amend Chapter 52 of Annex III to Implementing Regulation (EU) 2020/2235 accordingly.

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

(5) In order to avoid any disruption to trade as regards the entry into and transit through the Union of consignments of certain composite products, the use of certificates issued in accordance with Implementing Regulation (EU) 2020/2235, as applicable prior to the amendments made by this Regulation, should continue to be authorised during a transitional period subject to certain conditions.

(6) As Implementing Regulation (EU) 2020/2235 applies from 21 April 2021, in the interest of legal certainty and to facilitate trade, the amendments to be made to Implementing Regulation (EU) 2020/2235 by this Regulation should take effect as a matter of urgency.

(7) 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 April 2023, consignments of certain composite products, accompanied by the appropriate certificates, issued in accordance with the models set out in Chapters 50 and 52 of Annex III to Implementing Regulation (EU) 2020/2235, as applicable before the amendments made to that Implementing Regulation by this Regulation, shall continue to be authorised for entry into and transit through the Union provided that the certificate was issued no later than 15 January 2023.

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, 14 July 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).

(5) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).