REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2017/625 of the European Parliament and of the Council 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 (‘Official Controls Regulation’)
Date: 2021-07-09
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: animal feedingstuffs, animal welfare, delegated legislation, food inspection, genetically modified organism, market approval, plant health control, powers of the institutions (EU), trade information, veterinary inspection

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 9.7.2021  COM(2021) 383 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2017/625 of the European Parliament and of the Council 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 (‘Official Controls Regulation’)  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the exercise of the power to adopt delegated acts conferred on the Commission 
pursuant to Regulation (EU) 2017/625 of the European Parliament and of the Council 
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 (‘Official Controls Regulation’) 

1.  INTRODUCTION 

Regulation  (EU)  2017/625  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 products1 was  adopted on 15 March 2017 and entered into force on 27 
April 2017. It has applied from 14 December 2019, except as provided for in Article 167(2) to 
(4) thereof.  

Regulation  (EU)  2017/625  constitutes  the  basic  act  governing  the  performance  of  official 
controls for the verification of compliance with the Union’s agri-food chain rules, including 
where  those  rules  apply  to  animals  and  goods  entering  the  Union  from  third  countries.  It 
repealed and replaced Regulation (EC) No 882/20042 on official controls and other legislation 
that previously governed official controls and enforcement action along the Union’s agri-food 
chain,  including  Council  Directive  97/78/EC3  and  Regulation  (EC)  854/20044.  The  aim  of 
Regulation (EU) 2017/625 is to provide for a single and harmonised legislative framework for 
the organisation of official controls.  

In this regard, Regulation (EU) 2017/625 significantly simplified and codified at EU level, the 
law  on  administrative  enforcement  of  the  EU’s  agri-food  chain  legislation  in  the  Member 
States.  Moreover,  the  scope  of  the  Regulation  is  broad  and  covers  the  verification  of 
compliance  with  food  and  food  safety  and  feed  and  feed  safety  rules,  animal  health  and 
welfare  requirements,  plant  health  requirements,  animal-by  products  rules,  rules  on  organic 
production  and  labelling  of  organic  products,  rules  on  plant  protection  products,  protected 

1  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) (OJ L 095 7.4.2017, 
p. 1). 
2  Regulation  (EC)  No  882/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  official 
controls performed to ensure  the verification of compliance  with feed and  food law, animal health and animal 
welfare rules (OJ L 165, 30.4.2004, p. 1). 
3  Council  Directive  97/78/EC  of  18  December  1997  laying  down  the  principles  governing  the  organisation  of 
veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p. 9). 
4 Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down 
specific  rules  for  the  organisation  of  official  controls  on  products  of  animal  origin  intended  for  human 
consumption (OJ L 139, 30.4.2004, p. 206). 

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designations and deliberate release into the environment of Genetically Modified Organisms 
(GMOs) for the purpose of food and feed production.  

framework 

Additionally,  Regulation  (EU)  2017/625  establishes  a  common  framework  for 
the 
performance  of  border  controls  on  animals  and  goods  entering  the  EU,  a  uniform  and 
harmonised 
for  official  certification,  and  strengthens  cooperation  and 
administrative assistance among Member States. It also empowers the Commission to adopt a 
number  of  measures  where  there  is  evidence  that  the  system  of  controls  in  a  Member  State 
faces  serious  disruption,  reinforces  rules  on  financial  penalties  for  fraudulent  or  deceptive 
practices, and introduces provisions on the protection of whistle-blowers of those practices. 

Regulation  (EU)  2017/625  empowers  the  Commission  to  adopt  many  implementing  and 
delegated acts.  

2.  LEGAL BASIS 

Article  144(2)  of  Regulation  (EU)  2017/625  empowers  the  Commission  to  adopt  delegated 
acts  referred  to  in  the  provisions  set  out  in  that  article  (see  section  3,  below).  Pursuant  to 
Article 144(2) of Regulation (EU) 2017/625, the power to adopt delegated acts concerning the 
matters listed therein is conferred on the Commission for a period of five years from 28 April 
2017.  The  Commission  is  required  to  draw  up  a  report  to  the  European  Parliament  and  the 
Council in respect of that delegation of power not later than nine months before the end of the 
five-year  period.  The  delegation  of  power  is  to  be  tacitly  extended  for  periods  of  identical 
duration, unless the European Parliament or the Council opposes such extension not later than 
three months before the end of each period.  

3.  EXERCISE OF THE DELEGATION 

According to Article 144(2) of Regulation (EU) 2017/625, the Commission is empowered to 
adopt the delegated acts referred to in Articles 18(7) and 21(8), Article 41, Articles 45(4) and 
47(3), Article 48, Article 50(4), Article 51, and Articles 53(1), 62(3), 64(2) and (5), 77(1) and 
(2), 92(4), 99(2), 100(6), 101(2), 126(1), 142(1) and (2), 149(2), 150(3), 154(3), 155(3) and 
165(3) of that Regulation. 

3.1.  EMPOWERMENTS USED DURING THE REPORTING PERIOD  

During the reporting period5, the Commission exercised its delegated powers, by adopting the 
following delegated acts6: 

  Commission  Delegated  Regulation  (EU)  2018/631  of  7  February  2018  supplementing 
Regulation (EU) 2017/625 of the European Parliament and of the Council by establishing 
European Union reference laboratories for pests of plants7. This act entered into force on 
15 May 2018 and entered into application on the same date. 

  Commission  Delegated  Regulation  (EU)  2019/478  of  14  January  2019  amending 
Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the 

5 The cut-off date for the inclusion in this section of delegated acts adopted during the reporting period is 15 June 
2021.   
6 The delegated acts are listed in the chronological order of their date of adoption.  
7 OJ L 105, 25.4.2018, p. 1. 

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categories  of  consignments  to  be  subjected  to  official  controls  at  border  control  posts8. 
This  act  entered  into  force  on  14  April  2019  and  it  entered  into  application  on  14 
December 2019.  

  Commission Delegated Regulation (EU) 2019/624 of 8 February 2019 concerning specific 
rules for the performance of official controls on the production of meat and for production 
and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 
of the European Parliament and of the Council9. This act entered into force on 6 June 2019 
and it entered into application on 14 December 2019.  

  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  consumption10.  This  act  entered  into  force  on  6  June  2019  and  it 
entered into application on 14 December 2019. However, the requirements  laid down in 
Article 12, and Article (14)(1) and (2) entered into application on 21 April 2021. 

  Commission  Delegated  Regulation  (EU)  2019/1012  of  12  March  2019  supplementing 
Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating 
from  the rules  on the designation of control points  and from  the minimum  requirements 
for border control posts11. This act entered into force on 11 July 2019 and it entered into 
application on 14 December 2019.  

  Commission  Delegated  Regulation  (EU)  2019/1602  of  23  April  2019  supplementing 
Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the 
Common  Health  Entry  Document  accompanying  consignments  of  animals  and  goods  to 
their  destination12.  This  act  entered  into  force  on  20  October  2019  and  it  entered  into 
application  on  14  December  2019.  However,  certain  provisions  enter  into  application  in 
each  Member  State  from  the  date  on  which  the  customs  electronic  data-processing 
techniques  referred  to  in  Article  6(1)  of  Regulation  (EU)  No  952/201313  become 
operational in that Member State or from 1 March 2023, whichever is the earlier. 

  Commission  Delegated  Regulation  (EU)  2019/1666  of  24  June  2019  supplementing 
Regulation  (EU)  2017/625  of  the  European  Parliament  and  of  the  Council  as  regards 
conditions for monitoring the transport and arrival of consignments of certain goods from 
the  border  control  post  of  arrival  to  the  establishment  at  the  place  of  destination  in  the 
Union14. This act entered into force on 24 October 2019 and it entered into application on 
14 December 2019. 

  Commission Delegated Regulation (EU) 2019/2074 of 23 September 2019 supplementing 
Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules 
on  specific  official  controls  on  consignments  of  certain  animals  and  goods  originating 

8 OJ L 82, 25.3.2019, p. 4. 
9 OJ L 131, 17.5.2019, p. 1. 
10 OJ L 131, 17.5.2019, p. 18. 
11 OJ L 165, 21.6.2019, p. 4. 
12 OJ L 250, 30.9.2019, p. 6. 
13 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down 
the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).  
14 OJ L 255, 4.10.2019, p. 1. 

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from, and returning to the Union following a refusal of entry by a third country15. This act 
entered into force on 26 December 2019 and applied from 14 December 2019. 

  Commission  Delegated  Regulation  (EU)  2019/2122  of  10  October  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  142/201116.  This  Regulation  entered  into 
force on 1 January 2020 and applied from 14 December 2019. 

  Commission  Delegated  Regulation  (EU)  2019/2123  of  10  October  2019  supplementing 
Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules 
for the cases where and the conditions under which identity checks and physical checks on 
certain  goods  may  be  performed  at  control  points  and  documentary  checks  may  be 
performed at distance from border control posts17. This act entered into force on 1 January 
2020 and applied from 14 December 2019. 

  Commission  Delegated  Regulation  (EU)  2019/2124  of  10  October  2019  supplementing 
Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules 
for  official  controls  of  consignments  of  animals  and  goods  in  transit,  transhipment  and 
onward  transportation  through  the  Union,  and  amending  Commission  Regulations  (EC) 
No  798/2008,  (EC)  No  1251/2008,  (EC)  No  119/2009,  (EU)  No  206/2010,  (EU)  No 
605/2010,  (EU)  No  142/2011,  (EU)  No  28/2012,  Commission  Implementing  Regulation 
(EU) 2016/759 and Commission Decision 2007/777/EC18. This act entered into force on 1 
January 2020 and applied from 14 December 2019. 

  Commission  Delegated  Regulation  (EU)  2019/2125  of  10  October  2019  supplementing 
Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules 
concerning  the  performance  of  specific  official  controls  of  wood  packaging  material, 
notification  of  certain  consignments  and  measures  to  be  taken  in  cases  of  non-
compliance19.  This  act  entered  into  force  on  1  January  2020  and  applied  from  14 
December 2019. 

  Commission  Delegated  Regulation  (EU)  2019/2126  of  10  October  2019  supplementing 
Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules 
for specific official  controls for certain  categories of animals  and goods, measures to  be 
taken  following  the  performance  of  such  controls  and  certain  categories  of  animals  and 
goods exempted from official controls at border control posts20. This act entered into force 
on 1 January 2020 and applied from 14 December 2019. 

  Commission  Delegated  Regulation  (EU)  2019/2127  of  10  October  2019  amending 
Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the 
date of application of certain provisions of Council Directives 91/496/EEC, 97/78/EC and 

15 OJ L 316, 6.12.2019, p. 6. 
16 OJ L 321, 12.12.2019, p. 45. 
17 OJ L 321, 12.12.2019, p. 64. 
18 OJ L 321, 12.12.2019, p. 73. 
19 OJ L 321, 12.12.2019, p. 99. 
20 OJ L 321, 12.12.2019, p. 104. 

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2000/29/EC21.  This  act  entered  into  force  on  1  January  2020  and  applied  from  14 
December 2019. 

  Commission  Delegated  Regulation  (EU)  2020/2190  of  29  October  2020  amending 
Delegated  Regulation  (EU)  2019/2124  as  regards  official  controls  at  the  border  control 
post  where  goods  leave  the  Union  and  certain  provisions  on  transit  and  transhipment22. 
This act entered into force on 12 January 2021 and applied from 1 January 2021. 

  Commission  Delegated  Regulation  (EU)  2021/573  of  1  February  2021  amending 
Delegated  Regulation  (EU)  2019/625  as  regards  import  conditions  for  live  snails,  for 
composite products and for casings placed on the market for human consumption23. This 
act entered into force on 28 April 2021 and applied from the same date. However, certain 
provisions applied from 21 April 2021.  

  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/EC24.  This  act  entered  into  force  on  9  May 
2021 and applied from 21 April 2021. 

  Commission  Delegated  Regulation  (EU)  2021/…  supplementing  Regulation  (EU) 
2017/625  of  the  European  Parliament  and  of  the  Council  with  regard  to  the  cases  and 
conditions  under  which  competent  authorities  may  designate  official  laboratories  which 
do not fulfil the conditions in relation to all the methods they use for official controls or 
other official activities (C(2021) 3285). This act was adopted on 17 May 2021. 

The  Commission  has  notified  each  of  the  aforementioned  delegated  acts  to  the  European 
Parliament  and  to  the  Council,  in  accordance  with  Article  144(5)  of  Regulation  (EU) 
2017/625.  Neither  the  European  Parliament  nor  the  Council  extended  the  objection  period 
referred  to  in  Article  144(6)  of  Regulation  (EU)  2017/625  in  relation  to  any  of  these  acts. 
Similarly,  neither  the  European  Parliament  nor  the  Council  objected  to  any  of  these  acts  in 
accordance with Article 144(6) of Regulation (EU) 2017/62525. 

The  Commission  has  so  far  used  17  out  of  the  26  empowerments  in  Article  144(2)  of 
Regulation (EU) 2017/625 and which are therefore in the scope of this report. Out of the 17 
empowerments  used,  4  have  been  partially  used.  Some  of  these  delegated  powers  were 
bundled in a single delegated act where the rules are substantively linked, in accordance with 
Section  V,  point  (31)  of  the  Interinstitutional  Agreement  between  the  European  Parliament, 
the Council of the European Union and the European Commission on Better Law-Making26.  

21 OJ L 321, 12.12.2019, p. 111. 
22 OJ L 434, 23.12.2020, p. 3. 
23 OJ L 120, 8.4.2021, p. 6. 
24 OJ L 132, 19.4.2021, p. 17.  
25 In relation to Commission Delegated Regulation (EU) 2021/… supplementing Regulation (EU) 2017/625 of 
the  European  Parliament  and  of  the  Council  with  regard  to  the  cases  and  conditions  under  which  competent 
authorities  may  designate  official  laboratories  which  do  not  fulfil  the  conditions  in  relation  to  all  the  methods 
they use for official controls or other official activities (C(2021) 3285), the objection period referred to in Article 
144(6) of Regulation (EU) 2017/625, expires on 18 July 2021. 
26  Interinstitutional  Agreement  between  the  European  Parliament,  the  Council  of  the  European  Union  and  the 
European Commission on Better Law-Making of 13 April 2016 (OJ L 123, 12.5.2016, p. 1). 

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3.2.  EMPOWERMENTS NOT USED DURING THE REPORTING PERIOD  

Certain empowerments of Regulation (EU) 2017/625 have not been used during the reporting 
period for the reasons explained below. 

  Article 21(8)  

The  Commission  is  continuously  assessing  the  need  to  lay  down  specific  rules  on  official 
controls, in addition to the general requirements in Regulation (EU) 2017/625, to address non-
compliance and possible divergent enforcement practices across Member States. In particular, 
the  Commission  has  identified  the  need,  further  emphasised  by  recent  incidents  in  the 
Mediterranean Sea, to use Article 21(8), points (a) and (c), to lay down specific requirements 
for the performance of official controls to respond to risks associated with livestock vessels, 
as well as rules for the verification of animal welfare requirements at exit points. This act is 
expected  to  be  adopted  in  2022.  In  addition,  in  the  framework  of  the  revision  of  the  EU 
animal welfare legislation by 2023 under the Farm to Fork Strategy27, the possible future use 
of  Article  21(8)  is  currently  being  considered.  For  instance,  if  necessary,  new  rules  on  the 
welfare  of  cats  and  dogs  during  transport  could  be  complemented  later  by  specific  official 
controls requirements, in accordance with Article 21(8), point (a). Also, specific criteria and 
conditions  for  the  activation  of  the  mechanism  of  administrative  assistance  provided  for  in 
Articles  102  to  108  of  Regulation  (EU)  2017/625  could  be  established  in  accordance  with 
Article  21(8),  point  (d),  to  help  address  for  example  the  problem  of  illegal  puppy  trade. 
However,  no  such  decision  on  the  further  use  of  the  empowerment  in  Article  21(8)  has  yet 
been taken. 

Similarly,  Article  154(3)  has  not  been  used.  However,  this  empowerment  is  linked  to  the 
adoption of delegated and implementing acts provided for in Article 21.  

  Article 48, points (a) and (g) 

As  regards  Article  48,  point  (a),  Commission  Regulation  (EU)  No  142/201128  already 
establishes  such  rules  as  regards  certain  samples  and  items  which  qualify  as  animal  by-
products and derived products not intended for human consumption, as provided for in Article 
16(1), points (e) and (f) of Council Directive 97/78/EC29, now replaced by Article 48, points 
(a)  and  (b)  of  Regulation  (EU)  2017/62530.  However,  this  empowerment  and  the 
empowerment of point (g), are still needed to lay down rules in addition to those laid down in 
Delegated Regulations (EU) 2019/2122 and (EU) 2019/2126.  

  Article 51(1), point (e) and Article 51(2) 

When adopting Delegated Regulation (EU) 2019/2124, which lays down rules referred to in 
Article  51(1)  points  (b),  (c)  and  (d)  of  Regulation  (EU)  2017/625,  neither  the  Commission, 
nor the experts from Member States consulted in the framework of Commission Expert Group 

27 COM/2020/381 final.  
28  Commission  Regulation  (EU)  No  142/2011  of  25  February  2011  implementing  Regulation  (EC)  No 
1069/2009  of  the  European  Parliament  and  of  the  Council  laying  down  health  rules  as  regards  animal  by-
products  and  derived  products  not  intended  for  human  consumption  and  implementing  Council  Directive 
97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive 
(OJ L 054 26.2.2011, p. 1). 
29 Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of 
veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p. 9). 
30 Cf. Annex V, point 4 of Regulation (EU) 2017/625. 

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"official  controls",  saw  a  need  to  provide  for  derogations  from  the  said  rules.  In  addition, 
Delegated Regulation (EU) 2019/2123 lays down rules on the cases where and the conditions 
under  which  competent  authorities  may  perform  documentary  checks  at  distance  from  a 
border control post on consignments of plants, plant products, and other objects referred to in 
Article 47(1), point (c). The Commission is continuously assessing the need to establish such 
derogations, in light of the experience gained in the implementation of Delegated Regulations 
(EU) 2019/2124 and (EU) 2019/2123.  

  Article 53(1), points (b) and (c) and Article 53(1), point (d)(i), (iii) and (iv)  

The  Commission  is  continuously  assessing  the  need  to  establish  such  rules,  in  light  of  the 
experience  gained  in  the  implementation  of  Regulation  (EU)  2017/625.  As  regards  the 
empowerments  of  Article  53(1),  point  (d)(i),  (iii)  and  (iv),  such  assessment  also  takes  into 
account whether such goods are exempted or not from official controls at border control posts, 
as  well  as  responsibilities  in  relation  to  official  controls  already  conferred  on  customs 
authorities,  by  other  Union  acts,  such  as  Regulation  (EU)  952/201331.  Moreover,  such 
empowerments  could  be  used  in  the  future,  for  example  as  part  of  the  development  of  a 
specific policy, including rules on official controls, on internet sales.  

  Article 77(1), points (e), (f), (g) and (i) 

The  Commission  is  continuously  assessing  the  need  to  establish  the  specific  rules  in 
accordance  with  these  empowerments,  in  particular  in  light  of  the  experience  gained  in  the 
implementation  of  the  general  rules  on  official  controls  on  animals  and  goods  entering  the 
Union from third countries established in Regulation (EU) 2017/625 and related acts. In this 
regard,  in  relation  to  Article  77(1),  point  (e),  such  assessment  takes  into  account  the 
applicable animal health requirements, as well as certain exemptions from official controls at 
border  control  posts  referred  to  in  Annex  III,  point  3,  of  Delegated  Regulation  (EU) 
2019/2122  in  relation  to  petfood  required  for  health-related  reasons.  Article  77(1),  point  (f) 
could be used in the future, as part of the development of a specific policy, including rules on 
official  controls,  on  internet  sales.  In  relation  to  plant  products  referred  to  in  Article  77(1), 
point (g), such assessment takes into account the fact that hay and straw are currently subject 
to  official  controls  at  border  control  posts  by  virtue  of  Article  47(1)(b),  following  the  entry 
into  force  of  Delegated  Regulation  (EU)  2019/478.  As  regards  the  empowerment  of  Article 
77(1),  point  (i),  the  Commission  will  assess  the  need  to  act  in  this  respect  in  the  light  of 
experience on the practical application of Regulation (EU) 2017/625. 

  Article 99(2)  

The rules referred to in this empowerment should be limited to situations of new or emerging 
risks, new or emerging animal diseases or pests of plants or where new legal requirements so 
warrant. However, such situations or requirements have not yet occurred but may arise in the 
future.  

  Article 100(6) and 101(2) 

Pursuant to Articles 100(6) and 101(2), the rules referred to in those empowerments shall be 
limited  to  ensuring  coherence  with  any  additional  responsibilities  and  tasks  adopted  in 

31 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down 
the Union Customs Code (recast)(OJ L 269, 10.10.2013, p. 1).  

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accordance with  Article  99(2). The need may  thus arise in  the future to  adopt  such  rules to 
ensure coherence with any additional responsibilities and tasks established in accordance with 
Article 99(2). 

  Article 142(1)  

In  this  respect,  there  is  currently  no  change  in  the  rules  referred  to  in  Article  1(2)  of 
Regulation  (EU)  2017/625  and  no  technological  and  scientific  developments  reported 
regarding  the  areas  covered  by  Annexes  II  and  III  to  that  Regulation.  However,  future 
changes  and  developments  may  require  proceeding  with  the  preparation  of  a  delegated  act 
pursuant to Article 142(1).  

  Article 142(2)  

In  this  respect,  there  is  currently  no  amendment  by  the  CEN  of  the  standards  to  which  this 
empowerment refers. However, future amendments by the CEN may require proceeding with 
the preparation of a delegated act pursuant to Article 142(2).  

  Article 150(3)  

The Commission is currently preparing two implementing acts based on Article 19(3), points 
(a) and (b) of Regulation (EU) 2017/625, to apply from 15 December 2022. At the same time, 
it is not excluded that those acts are adopted after 28 April 2022 and that they are amended to 
apply before 14 December 2022.  

  Article 155(3)  

The Commission  is  currently preparing  a delegated act,  in  accordance with  Article 19(2) of 
Regulation  (EU)  2017/625  and  an  implementing  act  pursuant  to  Article  19(3)(b)  of  that 
Regulation.  These  acts  will  reinstate  the  provisions  in  Article  27(1)  and  Article  30  of 
Regulation  (EC)  No  396/200532.  Consequently,  both  these  acts  are  to  apply  from  15 
December 2022. At the same time, it is not excluded that those acts are adopted after 28 April 
2022 and that they are amended to apply before 14 December 2022.   

CONCLUSION 

The Commission sees the need for a tacit extension of the delegation of power provided for in 
Article 144(2) of Regulation (EU) 2017/625 for a period of five years, in accordance with that 
Article.  This  is  due  to  the  fact  that  the  need  to  develop  rules  based  on  the  empowerments 
granted by Article 144(2) of Regulation (EU) 2017/625 will remain in the future. This will be 
particularly  important  to  provide  the  necessary  flexibility  in  the  new  legal  framework,  to 
complement  and  adjust  it  regularly  to  the  latest  scientific  standards  and  to  allow  the 
Commission to act in the areas where it did not act to this moment, but may need to do so in 
the future.  

With  this  report,  the  Commission  complies  with  the  reporting  requirements  established  in 
Article 144(2) of Regulation (EU) 2017/625.  

32      Regulation  (EC)  No  396/2005  of  the  European  Parliament  and  of  the  Council  of  23  February  2005  on 
maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council 
Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1). 

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The Commission invites the European Parliament and the Council to take note of this report.  

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