COMMISSION IMPLEMENTING REGULATION (EU) 2022/7

of 5 January 2022

amending Annex V to Implementing Regulation (EU) 2020/2235 as regards the animal health requirements for the entry into the Union of dairy products contained in shelf-stable composite products

(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 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 (e), and Article 126(3) thereof,

Whereas:

(1) Commission Delegated Regulation (EU) 2020/692 (4) supplements the animal health rules laid down in Regulation (EU) 2016/429, as regards, inter alia, the entry into the Union of consignments of certain products of animal origin. More particularly, Article 163 of that Delegated Regulation, as recently amended by Commission Delegated Regulation (EU) 2021/1703 (5), lays down specific requirements for the entry into the Union of products of animal origin contained in shelf-stable composite products. Among others, that Article lays down risk-mitigating treatment requirements applicable to dairy products contained in such composite products taking into account the health status of the third country or territory, or zone thereof of origin.

(2) Commission Implementing Regulation (EU) 2020/2235 (6) lays down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 as regards models of, inter alia, attestations for the entry into the Union of certain products of animal origin. More specifically, Annex V to Implementing Regulation (EU) 2020/2235 sets out a model private attestation by the operator entering shelf-stable composite products into the Union in accordance with Article 14 of Commission Delegated Regulation (EU) 2019/625 (7).

(3) The private attestation set out in Annex V to Implementing Regulation (EU) 2020/2235 should be replaced by an updated version taking into account the requirements with respect to risk-mitigating treatments for dairy products laid down in Delegated Regulation (EU) 2020/692, as amended by Delegated Regulation (EU) 2021/1703.

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

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

(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 V to Implementing Regulation (EU) 2020/2235 is replaced by the text set out in the Annex to this Regulation.

Article 2 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, 5 January 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 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).

(5) Commission Delegated Regulation (EU) 2021/1703 of 13 July 2021 amending Delegated Regulation (EU) 2020/692 as regards the animal health requirements for the entry into the Union of products of animal origin contained in composite products (OJ L 339, 24.9.2021, p. 29).

(6) 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).

(7) 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).