Commission Delegated Regulation (EU) 2023/1674 of 19 June 2023 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 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)
Date: 2023-06-19
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: animal product, consumer protection, customs inspection, food inspection, import (EU), natural person, originating product, personal effects, surveillance concerning imports, third country, veterinary inspection




L_2023216EN.01000101.xml










1.9.2023   


EN


Official Journal of the European Union


L 216/1








            COMMISSION DELEGATED REGULATION (EU) 2023/1674
of 19 June 2023
         
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 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)


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, 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) (1), and in particular Article 48, points (d) and (h), and Article 77(1), point (k), thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2021/630 (2) 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) 2019/625 (3) 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 had to comply with those requirements. Commission Delegated Regulation (EU) 2022/2292 (4) repealed Delegated Regulation (EU) 2019/625 from 15 December 2022. Since Delegated Regulation (EU) 2021/630 refers to Delegated Regulation (EU) 2019/625, in order to ensure legal certainty, it is necessary to replace the reference 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 requirements for composite products entering the Union from third countries or regions thereof.












(3)


Since the 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 controls at border control posts.












(4)


Commission Delegated Regulation (EU) 2019/2122 (5) 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 official 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 amendments are a direct consequence of the former, it 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 those 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) 2021/630, it is necessary to amend also point 7 of Annex III to Delegated Regulation (EU) 2019/2122 and align the lists of exempted composite products in both Delegated Regulations. 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 Regulations (EU) 2019/2122 and (EU) 2021/630 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Delegated Regulation (EU) 2021/630 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 (*1);





(*1)  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) 2019/2122 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




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 or insects; food preparations based on these products


All, excluding insects




1602 


Other prepared or preserved meat, meat offal, blood or insects


All, excluding insects




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 breads, 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, other 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 ((*****))





ex 2103 


Sauces and preparations thereof; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard


Only preparations 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.


















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 (including 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 mixtures 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;










—


breads, 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 with a basis of coffee, tea or maté 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, chondroitin 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 requirements 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.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 June 2023.


For the Commission


The President

Ursula VON DER LEYEN
            





(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 amending 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).

(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 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 142/2011 (OJ L 321, 12.12.2019, p. 45).

((*))  Annex I to Council Regulation (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 Delegated Regulation (EU) 2021/630.

((****))  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.’;




ANNEX



‘ANNEX
List of composite products exempted from official controls at border control posts (Article 3)
This list sets out composite products, in accordance with the Combined Nomenclature (CN) in use in the Union, that do not need to be submitted for official controls at border control posts.
Notes relating to the table:






Column (1) – CN code

This column indicates the CN code. The CN, established by Regulation (EEC) No 2658/87, is based on the Harmonized Commodity Description and Coding System (“Harmonized System (HS)”) drawn up by the Customs Cooperation Council, now the World Customs Organisation, and approved by Council Decision 87/369/EEC (1). The CN reproduces the headings and subheadings of the HS to six digits. The seventh and eighth digits identify further CN subheadings.
Where a four-, six- or eight-digit code not marked with “ex” is used, and unless otherwise specified, all composite products prefixed with or covered by these four-, six- or eight-digits are not required to be submitted for official controls at border control posts.
Where only certain specified composite products under any four-, six- or eight-digit code contain animal products and no specific subdivision under this code exists in the CN, the code is marked “ex”. For example, with respect to “
                           ex 2001 90 65
                           ”, checks at border control posts are not required for the products outlined in column (2).










Column (2) – Explanations

This column gives details of the composite products covered by the exemption from official controls at border control posts.






CN codes


Explanations




(1)


(2)




1704 , ex 1806 


Confectionery (including sweets) and white chocolate, not containing cocoa, and confectionery (including sweets), chocolate and other food preparations, spreads, and preparations for making beverages, containing cocoa, that meet the requirements of Article 3(1), point (a).




ex 1902 19 , ex 1902 30 , ex 1902 40 


Pasta, noodles and couscous that meet the requirements of Article 3(1), point (a).




ex 1904 10 , ex 1904 20 , ex 1904 90 


Prepared foods obtained by the swelling or roasting of cereals or cereal products, prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals that meet the requirements of Article 3(1), point (a), (e.g. breakfast cereals, mueslis, granolas).
Prepared foods obtained from rice and other cereals that meet the requirements of Article 3(1), point (a).




ex 1905 10 , ex 1905 20 , ex 1905 31 , ex 1905 32 , ex 1905 40 , ex 1905 90 


Breads, cakes, prepared pastries, biscuits (including crackers), waffles and wafers, rusks, toasted bread and similar toasted products, and chips and crisps that meet the requirements of Article 3(1), point (a).




ex 2001 90 65 , ex 2005 70 00 , ex 1604 


Olives stuffed with fish that meet the requirements of Article 3(1), point (a).




ex 2005 20 20 


Potato chips and crisps suitable for immediate consumption that meet the requirements of Article 3(1), point (a).




2101 


Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté thereof that meet the requirements of Article 3(1), point (a).
Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof that meet the requirements of Article 3(1), point (a).




ex 2103 


Miso containing a small amount of fish soup stock and soy sauce containing a small amount of fish soup stock that meet the requirements of Article 3(1), point (a).




ex 2104 


Soup stocks and flavourings packaged for the final consumer that meet the requirements of Article 3(1), point (a).




ex 2106 


Food supplements packaged for the final consumer, containing processed animal products (including glucosamine, chondroitin or chitosan) that meet the requirements of Article 3(1), point (a).




ex 2208 70 


Liqueurs and cordials that meet the requirements of Article 3(1), point (a).










            ’
         


(1)  Council Decision 87/369/EEC of 7 April 1987 concerning the conclusion of the International Convention on the Harmonized Commodity Description and Coding System and of the Protocol ofAmendment thereto (OJ L 198, 20.7.1987, p. 1).