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Document 32019R2007

Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC (Text with EEA relevance)

OJ L 312, 3.12.2019, p. 1–39 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

No longer in force, Date of end of validity: 20/04/2021; Repealed by 32021R0632

ELI: http://data.europa.eu/eli/reg_impl/2019/2007/oj

3.12.2019   

EN

Official Journal of the European Union

L 312/1


COMMISSION IMPLEMENTING REGULATION (EU) 2019/2007

of 18 November 2019

laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 3(5) 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) (2), and in particular point (a) of the first subparagraph of Article 47(2) thereof,

Whereas:

(1)

Regulation (EU) 2017/625 establishes rules on the performance of official controls by the competent authorities of the Member States on animals and goods entering the Union in order to verify the compliance with Union agri-food chain legislation.

(2)

Commission Delegated Regulation (EU) 2019/478 (3) amended Regulation (EU) 2017/625 by adding hay and straw and foodstuffs containing both products of plant origin and processed products of animal origin (‘composite products’) to the categories of goods in point (b) of Article 47(1) of that Regulation.

(3)

In accordance with Regulation (EU) 2017/625, certain categories of animals and goods from third countries should always be presented at a border control post for official controls to be performed prior to their entry into the Union. In addition to animals, products of animal origin, germinal products, animal by-products, hay and straw and composite products are among the categories that should always be presented for official controls at border control posts.

(4)

Regulation (EU) 2017/625 requires the Commission to establish lists of the different animals and products of animal origin, germinal products, animal by-products, hay and straw and composite products to be presented for official controls at border control posts with the indication of their respective Combined Nomenclature (CN) code provided for in Council Regulation (EEC) No 2658/87 (4).

(5)

As derived products are a sub-category of animal by-products, they should be included in the lists and their CN codes should be indicated accordingly.

(6)

Commission Decision 2007/275/EC (5) lays down provisions concerning animals and products, including composite products, subject to veterinary checks at border inspection posts in accordance with Council Directives 91/496/EEC (6) and 97/78/EC. New conditions for the entry into the Union of composite products will apply from 21 April 2021 in accordance with Commission Delegated Regulation (EU) 2019/625 (7). It is therefore appropriate that until then the current rules laid down in Decision 2007/275/EC concerning composite products subject to official controls at border control posts continue to apply and that this Regulation does not apply to composite products. In order to avoid overlapping of legal provisions, this Regulation should amend Decision 2007/275/EC by limiting its scope of application to composite products.

(7)

In order to facilitate official controls by the competent authorities at border control posts in accordance with Regulation (EU) 2017/625, the list established in this Regulation should describe, in detail, the animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to such official controls.

(8)

In addition, for certain CN codes, this Regulation lists only part of the animals and products that fall under the relevant heading or subheading. In such cases, this Regulation should give additional details about the relevant animals and products which are subject to official controls at border control posts.

(9)

As the provisions of Regulation (EU) 2017/625 governing the matters covered by this Regulation apply from 14 December 2019, this Regulation should apply from the same date.

(10)

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

Subject matter and scope

1.   This Regulation establishes the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts in accordance with point (a) of the first subparagraph of Article 47(2) of Regulation (EU) 2017/625.

2.   This Regulation shall not apply to composite products.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1)

‘products of animal origin’ means products of animal origin as defined in point 8.1 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council (8);

(2)

‘untreated pig bristles’ means untreated pig bristles as defined in point 33 of Annex I to Commission Regulation (EU) No 142/2011 (9);

(3)

‘untreated feathers and parts of feathers’ means untreated feathers and parts of feathers as defined in point 30 of Annex I to Regulation (EU) No 142/2011;

(4)

‘untreated hair’ means untreated hair as defined in point 32 of Annex I to Regulation (EU) No 142/2011;

(5)

‘intermediate product’ means intermediate product as defined in point 35 of Annex I to Regulation (EU) No 142/2011;

(6)

‘treated hides and skins’ means treated hides and skins as defined in point 28 of Annex I to Regulation (EU) No 142/2011;

(7)

‘untreated wool’ means untreated wool as defined in point 31 of Annex I to Regulation (EU) No 142/2011.

Article 3

Official controls of animals and goods listed in Annex I

The animals and goods listed in Annex I to this Regulation shall be subject to official controls at border control posts in accordance with Regulation (EU) 2017/625.

Article 4

Amendments to Decision 2007/275/EC

Decision 2007/275/EC is amended as follows:

(1)

the title is replaced by the following:

Commission Decision of 17 April 2007 concerning lists of composite products to be subject to controls at border control posts’;

(2)

Article 1 is replaced by the following:

‘Article 1

Subject matter

This Decision lays down rules regarding the composite products to be subjected to official controls at border control posts upon entry into the Union.’;

(3)

Article 3 is replaced by the following:

‘Article 3

Official controls of composite products listed in Annex I

1.   The composite products listed in Annex I to this Decision shall be subjected to official controls at border control posts in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (*1).

2.   Initial selection of composite products for official controls made on the basis of the Combined Nomenclature in Column (1) of Annex I shall be qualified by reference to the specific text or legislation cited in Column (3) of Annex I.

(*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 95, 7.4.2017, p. 1).’;"

(4)

Article 4 is amended as follows:

(a)

the title is replaced by the following:

Composite products subject to official controls’;

(b)

the introductory phrase is replaced by the following:

‘The following composite products shall be subject to official controls:’;

(5)

Article 6 is replaced by the following:

‘Article 6

Derogation for certain composite products

1.   By way of derogation from Article 3, the following composite products, not containing any meat products, shall not be subject to official controls:

(a)

composite products containing less than half of their substance of any other processed product provided such products are:

(i)

shelf-stable at ambient temperature or have clearly undergone in their manufacture a complete cooking or heat treatment process throughout their substance, so that any raw product is denatured;

(ii)

clearly identified as intended for human consumption;

(iii)

securely packaged or sealed in clean containers;

(iv)

accompanied by a commercial document and labelled in an official language of a Member State, so that that document and labelling together give information on the nature, quantity and number of packages of the composite products, the country of origin, the manufacturer, and the ingredient;

(b)

composite products listed in Annex II.

2.   However, any milk product included in any composite products shall only be derived from countries listed in Annex I to Commission Regulation (EU) No 605/2010 (*2), and treated as indicated in that Annex.

(*2)  Commission Regulation (EU) No 605/2010 of 2 July 2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption (OJ L 175, 10.7.2010, p. 1).’;"

(6)

Annexes I and II are amended in accordance with Annex II to this Regulation.

Article 5

Entry into force and application

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

It shall apply from 14 December 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 November 2019.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 24, 30.1.1998, p. 9.

(2)  OJ L 95, 7.4.2017, p. 1.

(3)  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 categories of consignments to be subjected to official controls at border control posts (OJ L 82, 25.3.2019, p. 4).

(4)  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).

(5)  Commission Decision 2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC (OJ L 116, 4.5.2007, p. 9).

(6)  Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (OJ L 268, 24.9.1991, p. 56).

(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).

(8)  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 (OJ L 139, 30.4.2004, p. 55).

(9)  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 54, 26.2.2011, p. 1).


ANNEX I

LIST OF ANIMALS, PRODUCTS OF ANIMAL ORIGIN, GERMINAL PRODUCTS, ANIMAL BY-PRODUCTS AND DERIVED PRODUCTS AND HAY AND STRAW SUBJECT TO OFFICIAL CONTROLS AT BORDER CONTROL POSTS AS REFERRED TO IN ARTICLE 3

Notes:

1.   General remarks

General remarks are added to certain Chapters to clarify, which animals or goods are covered in the relevant chapter. In addition, where necessary, reference is made to specific requirements laid down in Commission Regulation (EU) No 142/2011 (1).

2.   Note to Chapter

The lists in this Annex are structured in Chapters which correspond to the relevant Chapters in the Combined Nomenclature (CN) as laid down in Annex I to Council Regulation (EEC) No 2658/87 (2).

The Chapter notes are explanations, where necessary extracted, from the Notes to the individual Chapters of the CN.

3.   Extract from the Explanatory Notes and the Classification Opinions of the Harmonized System

Additional information on the different Chapters has been extracted, where necessary, from the Explanatory Notes and the Classification Opinions of the Harmonized System of the World Customs Organisation.

Tables:

4.   Column (1) — CN code

This column indicates the CN code. The CN, established by Regulation (EEC) No 2658/87, is based on the International Convention on Harmonized Commodity Description and Coding System (HS) drawn up by the Customs Cooperation Council, now the World Customs Organisation (WCO), adopted by the International Convention, concluded in Brussels on 14 June 1983 and approved on behalf of the European Economic Community by Council Decision 87/369/EEC (3) (‘the HS Convention’). The CN reproduces the headings and subheadings of the HS to six digits, with only the seventh and eighth figures creating further subheadings which are specific to it.

Where a four digit code is used: Unless otherwise specified, all products prefixed with or covered by these four digits shall be submitted to official controls at border control posts. In most of these cases, the relevant CN codes included in the Traces system set up by Commission Decision 2004/292/EC (4), are broken down to the six or eight digit code.

Where only certain specified products under any four, six or eight digit code are required to be submitted to official controls and no specific subdivision under this code exists in the CN, the code is marked ‘Ex’. In that case, the animals and products covered by this Regulation are determined by the scope of the CN code and by that of the corresponding description in column (2) and the qualification and explanation in column (3).

5.   Column (2) — Description

The description of the goods is as laid down in the description column of the CN.

Without prejudice to the rules for the interpretation of the CN, the wording for the description of animals and products in column (2) is considered to be of indicative value only, since the goods covered by this Regulation are determined by CN codes.

6.   Column (3) — Qualification and explanation

This column gives details of the animals or goods covered. Further information on the animals or goods covered in the different Chapters of the CN can be found in the Explanatory Notes to the Combined Nomenclature of the European Union (5).

Products derived from animal by-products covered by Regulation (EC) No 1069/2009 (6) of the European Parliament and of the Council and Regulation (EU) No 142/2011 are not specifically identified in Union law. Official controls shall be carried out on products that are partly processed but remain raw products to be further processed in an approved or registered establishment at destination. Official inspectors at border control posts shall assess and specify, when necessary, if a derived product is sufficiently processed to not require further official controls provided for in Union law.

CHAPTER 1

Live animals

Note to Chapter 1 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter covers all live animals, except:

(a)

fish and crustaceans, molluscs and other aquatic invertebrates, of heading 0301, 0306, 0307 or 0308;

(b)

cultures of micro-organisms and other products of heading 3002 and

(c)

animals of heading 9508.’

Extract from the Harmonized System Explanatory Notes

‘Heading 0106 includes, inter alia, the following domestic or wild animals:

(A)

Mammals

(1)

Primates.

(2)

Whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia).

(3)

Other (such as reindeer, cats, dogs, lions, tigers, bears, elephants, camels (including dromedaries), zebras, rabbits, hares, deer, antelope (other than those of the sub-family Bovinae), chamois, foxes, minks, and other animals for fur farms).

(B)

Reptiles (including snakes and turtles)

(C)

Birds

(1)

Birds of prey.

(2)

Psittaciformes (including parrots, parakeets, macaws and cockatoos).

(3)

Other (such as partridges, pheasants, quail, woodcocks, snipe, pigeons, grouse, ortolan, wild ducks, wild geese, thrushes, blackbirds, larks, finches, tits, humming birds, peacocks, swans, and other birds not specified in heading 0105).

(D)

Insects, such as bees (whether or not travelling in boxes or cages or hives).

(E)

Other, e.g. frogs.

This heading excludes animals forming part of circuses, menageries or other similar travelling animal shows (heading 95.08).’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

0101

Live horses, asses, mules and hinnies

All

0102

Live bovine animals

All

0103

Live swine

All

0104

Live sheep and goats

All

0105

Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls

All

0106

Other live animals

All, covers all animals from the following subheadings:

0106 11 00 (primates)

0106 12 00 (whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia)

0106 13 00 (camels and other camelids (Camelidae))

0106 14 (rabbits and hares)

0106 19 00 (other): mammals other than those of heading 0101, 0102, 0103, 0104, 0106 11 , 0106 12 , 0106 13 and 0106 14 ; covers dogs and cats

0106 20 00 (reptiles, including snakes and turtles)

0106 31 00 (birds: birds of prey)

0106 32 00 (birds: psittaciformes, including parrots, parakeets, macaws and cockatoos)

0106 33 00 (ostriches; emus (Dromaius novaehollandiae)

0106 39 (other): covers birds, other than those of heading 0105, 0106 31 , 0106 32 and 0106 33 , including pigeons.

0106 41 00 (bees)

0106 49 00 (other insects than bees)

0106 90 00 (other): all other live animals not covered elsewhere, other than mammals, reptiles, birds and insects. Live frogs whether for vivaria to be kept alive, or to be killed for human consumption, are covered by this heading.

CHAPTER 2

Meat and edible meat offal

Note to Chapter 2 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter does not cover:

(a)

Products of the kinds described in headings 0201 to 0208 or 0210 unfit or unsuitable for human consumption;

(b)

guts, bladders or stomachs of animals (heading 0504) or animal blood (heading 0511 or 3002); or

(c)

animal fat, other than the products of heading 0209 (Chapter 15).

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

0201

Meat of bovine animals, fresh or chilled

All. However, raw material not intended or suitable for human consumption is not covered in this code.

0202

Meat of bovine animals, frozen

All. However, raw material not intended or suitable for human consumption is not covered in this code.

0203

Meat of swine, fresh, chilled or frozen

All. However, raw material not intended or suitable for human consumption is not covered in this code.

0204

Meat of sheep or goats, fresh, chilled or frozen

All. However, raw material not intended or suitable for human consumption is not covered in this code.

0205 00

Meat of horses, asses, mules or hinnies, fresh, chilled or frozen

All. However, raw material not intended or suitable for human consumption is not covered in this code.

0206

Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen

All. However, raw material not intended or suitable for human consumption is not covered in this code.

0207

Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen

All. However, raw material not intended or suitable for human consumption is not covered in this code.

0208

Other meat and edible meat offal, fresh, chilled or frozen

All. However, raw material not intended or suitable for human consumption is not covered in this code.

This covers other raw material for the production of gelatine or collagen for human consumption. Covers all meat and edible meat offal from the following subheadings:

0208 10 (of rabbits or hares)

0208 30 00 (of primates)

0208 40 (of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia); of seals, sea lions and walruses (mammals of the suborder Pinnipedia))

0208 50 00 (of reptiles, including snakes and turtles)

0208 60 00 (of camels and other camelids (Camelidae))

0208 90 (other: of domestic pigeons; of game other than of rabbits or hares; etc.): covers meat of quails, reindeer or any other mammal species. Covers frogs' legs under CN code 0208 90 70 .

0209

Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, fresh, chilled frozen, salted, in brine, dried or smoked

All, covers both fat and processed fat as described in column (2), even if suitable only for industrial use (not fit for human consumption).

0210

Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal

All, covers meat, meat products and other products of animal origin.

However, raw material not intended or suitable for human consumption is not covered in this code.

Covers processed animal protein and dried pigs ears for human consumption. Even when such dried pig ears are used as animal feed, the Annex to Commission Regulation (EC) No 1125/2006 (7) clarifies that they may be covered in 0210 99 49 . However, dried offal and pigs ears unfit for human consumption are in 0511 99 85 .

Bones for human consumption are covered under heading 0506.

Sausages are covered under heading 1601.

Extracts and juices of meat are covered under heading 1603.

Greaves are covered under heading 2301.

CHAPTER 3

Fish and crustaceans, molluscs and other aquatic invertebrates

General remarks

This chapter covers both live fish for breeding and reproduction, live ornamental fish, and live fish or live crustaceans transported alive but imported for human consumption.

All products in this chapter are subject to official controls.

Notes to Chapter 3 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter does not cover:

(a)

mammals of heading 0106;

(b)

meat of mammals of heading 0106 (heading 0208 or 0210);

(c)

fish (including livers, roes and milt thereof) or crustaceans, molluscs or other aquatic invertebrates, dead and unfit or unsuitable for human consumption by reason of either their species or their condition (Chapter 5); flours, meals or pellets of fish or of crustaceans, molluscs or other aquatic invertebrates unfit for human consumption (heading 2301); or

(d)

caviar or caviar substitutes prepared from fish eggs (heading 1604).

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

0301

Live fish

All: covers trout, eels, carp, or any other species or any fish imported for breeding or reproduction.

Live fish imported for immediate human consumption are treated for official controls purposes as if they were products.

Covers ornamental fish in subheadings 0301 11 00 and 0301 19 00 .

0302

Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304

All; covers livers, milt and roes, fresh or chilled, in CN code 0302 91 00 .

0303

Fish, frozen, excluding fish fillets and other fish meat of heading 0304

All; covers livers, milt and roes, frozen, in subheading 0303 91 .

0304

Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen

All

0305

Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption.

All, covers other fishery products such as flours, meals and pellets fit for human consumption made from fish; covers fish heads, tails and maws and other fishery products.

0306

Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked crustaceans, whether in shell or not, whether or not cooked before or during the smoking process; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption

All: live crustaceans imported for immediate human consumption are considered and treated for official controls purposes as if they were products.

Covers ornamental sea monkeys and their cysts for use as pet animals; and all live ornamental crustaceans as provided for by Commission Regulation (EC) No 1251/2008 (8).

0307

Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process; flours, meals and pellets of molluscs, fit for human consumption

This covers molluscs that may have been cooked and then smoked. Other cooked molluscs are covered in heading 1605.

Covers live ornamental molluscs as provided for by Regulation (EC) No 1251/2008.

Live molluscs imported for immediate human consumption are considered and treated for official controls purposes as if they were products.

Covers all from the subheadings 0307 11 to 0307 99 , such as the following examples:

0307 60 (snails other than sea snails): covers terrestrial gastropods of the species Helix pomatia, Helix aspersa, Helix lucorum and species of the family Achatinidae. Covers live snails (including fresh water snails) for immediate human consumption and also snail meat for human consumption. Covers blanched or pre-processed snails. Further processed products are covered in heading 1605.

0307 91 00 (live, fresh, or chilled other molluscs, i.e. other than oysters, scallops, mussels (Mytilus spp., Perna spp.), cuttle fish, squid, octopus, sea snails, clams, cockles, ark shells, abalones (Haliotis spp.) and stromboid conchs (Strombus spp.): covers meat of sea water snail species, whether in shell or not.

0307 99 (other molluscs, other than live, fresh, chilled, or frozen, i.e. other than oysters, scallops, mussels (Mytilus spp., Perna spp.), cuttle fish, squid, octopus, sea snails, clams, cockles, ark shells, abalones (Haliotis spp.) and stromboid conchs (Strombus spp.); also including flours, meals and pellets thereof, fit for human consumption).

0308

Aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; smoked aquatic invertebrates other than crustaceans and molluscs, whether or not cooked before or during the smoking process; flours, meals and pellets of aquatic invertebrates other than crustaceans and molluscs, fit for human consumption

All

CHAPTER 4

Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included

Notes to Chapter 4 (extract from the Notes to this Chapter of the CN)

‘1.

The expression ‘milk’ means full-cream milk or partially or completely skimmed milk.

2.

For the purposes of heading 0405:

(a)

the term ‘butter’ means natural butter, whey butter or recombined butter (fresh, salted or rancid, including canned butter) derived exclusively from milk, with a milkfat content of 80 % or more but not more than 95 % by weight, a maximum milk solids-not-fat content of 2 % by weight and a maximum water content of 16 % by weight. Butter does not contain added emulsifiers, but may contain sodium chloride, food colours, neutralising salts and cultures of harmless lactic-acid-producing bacteria;

(b)

the expression ‘dairy spreads’ means a spreadable emulsion of the water-in-oil type, containing milkfat as the only fat in the product, with a milkfat content of 39 % or more but less than 80 % by weight.

3.

Products obtained by the concentration of whey and with the addition of milk or milkfat are to be classified as cheese in heading 0406 provided that they have the three following characteristics:

(a)

a milkfat content, by weight of the dry matter, of 5 % or more;

(b)

a dry matter content, by weight, of at least 70 % but not exceeding 85 %; and

(c)

they are moulded or capable of being moulded.

4.

This chapter does not cover:

(a)

products obtained from whey, containing by weight more than 95 % lactose, expressed as anhydrous lactose calculated on the dry matter (heading 1702);

(b)

products obtained from milk by replacing one or more of its natural constituents (for example, butyric fats) by another substance (for example, oleic fats) (heading 1901 or 2106); or

(c)

albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter) (heading 3502) or globulins (heading 3504).

…’

Extracts from the Harmonized System Explanatory Notes

‘Heading 0408 covers whole eggs not in shell, and egg yolks of all birds. The products of this heading may be fresh, dried, cooked by steaming or by boiling in water, moulded (e.g. cylindrical ‘long eggs’), frozen or otherwise preserved. All these fall in the heading whether or not containing added sugar or other sweetening matter and whether for use as food or for industrial purposes (e.g., in tanning).

This heading does not cover:

(a)

Oil of egg yolk (heading 1506).

(b)

Egg preparations containing seasoning, spices or other additives (heading 2106).

(c)

Lecithin (heading 2923).

(d)

Separate egg white (egg albumin) (heading 3502).

Heading 0409 covers honey produced by bees (Apis mellifera) or by other insects, centrifuged or in the comb or containing comb chunks, provided that neither sugar nor other substance has been added. Such honey may be designated by floral source, origin or colour.

Heading 0409 excludes artificial honey and mixtures of natural and artificial honey (heading 1702).

Heading 0410 covers products of animal origin suitable for human consumption, not specified or included elsewhere in the Combined Nomenclature. This includes:

(a)

Turtles eggs. These are eggs laid by river or marine turtles; they may be fresh, dried or otherwise preserved.

Turtle‐egg oil is excluded (heading 15.06).

(b)

Salanganes’ nests (‘birds nests’). These consist of a substance secreted by the bird which solidifies rapidly on exposure to air.

The nests may be presented untreated, or they may have been cleaned to remove feathers, down, dust and other impurities in order to render them suitable for consumption. They are generally in the form of whitish strips or threads.

Salanganes’ nests have a high protein content and are used almost exclusively to make soups or other food preparations.

Heading 0410 excludes animal blood, edible or not, liquid or dried (heading 0511 or 3002).’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

0401

Milk and cream, not concentrated nor containing added sugar or other sweetening matter

All.

Milk for animal feed is covered under this heading, whereas animal feed containing milk is covered in heading 2309.

Milk for therapeutic/prophylactic uses is covered in heading 3001.

0402

Milk and cream, concentrated or containing added sugar or other sweetening matter

All.

0403

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa

All, covers cream, flavoured or containing fruits, frozen and fermented milk, for human consumption.

Ice cream is covered in heading 2105.

Beverages containing milk flavoured with cocoa or other substances are covered in heading 2202.

0404

Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included

All, covers milk products for infants.

Covers in CN code 0404 10 48 bovine colostrum, in liquid form, defatted and de-caseinated, for human consumption, and in CN code 0404 90 21 spray-dried, reduced-fat colostrum powder which has not been de-caseinated, for human consumption.

0405

Butter and other fats and oils derived from milk; dairy spreads

All.

0406

Cheese and curd

All

0407

Birds’ eggs, in shell, fresh, preserved or cooked

All, covers hatching eggs and specified pathogen free eggs (SPF), fertilised eggs for incubation (0407 11 and 0407 19 ).

Covers fresh eggs (0407 21 to 0407 29 ) and other eggs (0407 90 ), not fit and fit for human consumption.

Covers ‘100 year old eggs’.

Egg albumin not fit and fit for human consumption is covered in heading 3502.

0408

Birds’ eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter

All: this heading covers egg products whether or not heat treated and products not fit for human consumption.

0409 00 00

Natural honey

All

0410 00 00

Edible products of animal origin, not elsewhere specified or included

All

This heading covers ‘royal jelly’ and propolis (used in manufacture for pharmaceutical products and food supplements) and other animal derived material for human consumption, except bones (which are covered in 0506).

Insects or insect eggs for human consumption are covered in this CN code.

CHAPTER 5

Products of animal origin, not elsewhere specified or included

General remarks

Specific requirements for certain products in this chapter are laid down in Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011:

Row 7: pig bristles

Row 8: untreated wool and hair produced from animals other than those of the porcine species

Row 9: treated feathers, parts of feathers and down.

Notes to Chapter 5 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter does not cover:

(a)

edible products (other than guts, bladders and stomachs of animals, whole and pieces thereof, and animal blood, liquid or dried);

(b)

hides or skins (including furskins), other than goods of heading 0505 and parings and similar waste of raw hides or skins of heading 0511 (Chapter 41 or 43);

(c)

animal textile materials, other than horsehair and horsehair waste (Section XI); or

(d)

prepared knots or tufts for broom or brush making (heading 9603).

3.

Throughout the nomenclature, elephant, hippopotamus, walrus, narwhal and wild boar tusks, rhinoceros horns and the teeth of all animals are regarded as ‘ivory’.

4.

Throughout the nomenclature, the expression ‘horsehair’ means hair of the manes or tails of equine or bovine animals. Heading 0511 covers, inter alia, horsehair and horsehair waste, whether or not put up as a layer with or without supporting material.’

Extract from the Harmonized System Explanatory Notes

‘Heading 0505 covers

(1)

Skins and other parts of birds (e.g., heads, wings) with their feathers or down, and

(2)

Feathers and parts of feathers (whether or not with trimmed edges), and down,

provided they are either unworked, or merely cleaned, disinfected or treated for preservation but not otherwise worked or mounted.

Heading 0505 also covers powder, meal and waste of feathers or parts of feathers.’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

0502 10 00

Pigs’, hogs’ or boars’ bristles and hair and waste thereof

All, treated and untreated.

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, covers stomachs, bladders and intestines cleaned salted dried or heated of bovine, porcine, ovine, caprine, or of poultry origin.

ex 0505

Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers

All, including game trophies of birds, but excluding treated decorative feathers, treated feathers carried by travellers for their private use or consignments of treated feathers sent to private individuals for non-industrial purposes.

Article 25(1)(b) of Regulation (EU) No 142/2011 prohibits the importation into and transit through the Union of untreated feathers and parts of feathers and down.

Official controls are applicable for feathers independent from their treatment as referred to in point C of Chapter VII of Annex XIII to Regulation (EU) No 142/2011.

Further specific requirements for game trophies are laid down in Section 5 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

Section 6 of Chapter II of Annex XIV to Regulation (EU) No 142/2011 covers feathers used for stuffing, down, raw or other feathers.

0506

Bones and horn-cores, un-worked, defatted, simply prepared (but not cut to shape), treated with acid or de-gelatinised; powder and waste of these products

Covers bones used as dog chews and bones for the production of gelatine or of collagen, if derived from carcasses that have been slaughtered for human consumption.

Bone flour for human consumption is covered under heading 0410.

Specific requirements for such products not intended for human consumption are laid down in Row 6 (game trophies), in Row 11 (bones and bone products (excluding bone meal), horns and horn products (excluding horn meal) and hooves and hoof products (excluding hoof meal) for uses other than as feed material, organic fertiliser or soil improver) and in Row 12 (dog chews) of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

0507

Ivory, tortoise-shell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, un-worked or simply prepared but not cut to shape; powder and waste of these products

Covers treated game trophies from birds and ungulates being solely bones, horns, hooves, claws, antlers, teeth, hides or skins from third countries.

Specific requirements for game trophies are laid down in Row 6 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

ex 0508 00 00

Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape, powder and waste thereof

Empty shells for food use and use as raw material for glucosamine.

In addition, shells, including cuttle-bones, containing soft tissue and flesh as referred to in point (k)(i) of Article 10 of Regulation (EC) No 1069/2009 are covered.

ex 0510 00 00

Ambergris, castoreum, civet and musk, cantharides, bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved

Ambergris and cantharides are excluded.

Glands, other animal products and bile are covered by this code.

Dried glands and products are covered by heading 3001.

Specific requirements may be laid down in Row 14 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011 for animal by-products for the manufacture of pet food other than raw pet food and of derived products for uses outside the feed chain (for pharmaceuticals and other technical products).

ex 0511

Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption

All.

Covers genetic material (semen and embryos of animal origin such as of the bovine, ovine, caprine, equine and porcine species) and animal by-products of Categories 1 and 2 materials as referred to in Articles 8 and 9 of Regulation (EC) No 1069/2009.

The following are examples of animal products falling within subheadings 0511 10 to 0511 99 :

0511 10 00 (bovine semen).

0511 91 (products of fish or crustaceans, molluscs or other aquatic invertebrates): all, covers fish eggs for hatching, dead animals, animal by-products for the manufacture of pet food and for pharmaceuticals and other technical products. Covers dead animals referred to in Chapter 3, inedible or classed unfit for human consumption, for example, daphnids, known as water fleas, and other ostracoda or phyllopods, dried, for feeding aquarium fish; covers fish bait.

ex 0511 99 10 (sinews or tendons; parings and similar waste of raw hides and skins).

Official controls are necessary for hides and skins not treated as referred to in point C 2 of Chapter V of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009.

ex 0511 99 31 (raw natural sponges of animal origin): all, if for human consumption; if not for human consumption, only those intended for pet food. Specific requirements for non-human consumption are set out in Row 12 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

ex 0511 99 39 (other than raw natural sponges of animal origin): all, if for human consumption; if not for human consumption, only those intended for pet food. Specific requirements for non-human consumption are set out in Row 12 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

ex 0511 99 85 (other animal products not elsewhere specified or included; dead animals of Chapter 1, unfit for human consumption): Covers embryos, ova, semen and genetic material not covered in 0511 10 and of species other than bovine fall under this heading. Covers animal by-products for the manufacture of pet food or other technical products.

Covers untreated horsehair, apiculture products other than waxes for apiculture or technical use, spermaceti for technical use, dead animals referred to in Chapter 1 which are inedible or not for human consumption (for example: dogs, cats, insects), animal material where the essential characteristics have not been changed, and edible animal blood not derived from fish, for human consumption.

CHAPTER 6

Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage

General remarks

This chapter covers mushroom spawn in a compost of sterilised manure of animal origin.

Extract from the Explanatory Notes to the CN

‘0602 90 10 Mushroom spawn:

Mushroom spawn is the term given to a net of fragile threads (Thallus or Mycelium), often found underground, which lives and grows on the surface of decomposing animal or vegetable matter and develops in the tissues themselves and produces mushrooms.

This subheading also includes a product consisting of mushroom spawn, not fully developed, placed in microscopic amounts on a layer of cereal grains enclosed in a compost of sterilized horse manure (a mixture of straw and horse dung).’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 0602 90 10

Mushroom spawn

Only if containing processed manure of animal origin and specific rules are set out in Row 1 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

CHAPTER 12

Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 1212 99 95

Other vegetable products of a kind used primarily for human consumption, not elsewhere specified or included

Bee pollen

ex 1213 00 00

Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets

Only straw

ex 1214 90

Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupines, vetches and similar forage products whether or not in form of pallets: other than lucerne (alfalfa) meal and pellets

Only hay

CHAPTER 15

Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes

General remarks

All animal derived fats and oils. Specific requirements for the following products are set out in Annex XIV to Regulation (EU) No 142/2011:

1.

rendered fats and fish oils in Row 3 of Table 1 in Section 1 of Chapter I;

2.

rendered fats from Category 2 materials for certain purposes outside the feed chain for farmed animals (for example oleo chemical purposes) in Row 17 of Table 2 in Section 1 of Chapter II;

3.

fat derivatives in Row 18 of Table 2 in Section 1 of Chapter II.

Fat derivatives include first stage products derived from fats and oils when in their pure state produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011.

Derivatives mixed with other materials are subjected to official controls.

Notes to Chapter 15 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter does not cover:

(a)

pig fat or poultry fat on heading 0209;

(b)

cocoa butter, fat and oil (heading 1804);

(c)

edible preparations containing by weight more than 15 % of the products of heading 0405 (generally Chapter 21);

(d)

greaves (heading 2301) or residues of headings 2304 to 2306;

3.

Heading 1518 does not cover fats or oils or their fractions, merely denatured, which are classified in the heading appropriate to the corresponding undenatured fats and oils and their fractions.

4.

Soap stocks, oil foots and dregs, stearin pitch, glycerol pitch and wool grease residues fall in heading 1522.’

Extract from the Harmonized System Explanatory Notes

‘Heading 1516 covers animal and vegetable fats and oils, which have undergone a specific chemical transformation of a kind mentioned below, but have not been further prepared.

The heading also covers similarly treated fractions of animal or vegetable fats and oils.

Hydrogenation, which is effected by bringing the products into contact with pure hydrogen at a suitable temperature and pressure in the presence of a catalyst (usually finely divided nickel), raises the melting points of fats and increases the consistency of oils by transforming unsaturated glycerides (e.g. of oleic, linoleic, etc. acids) into saturated glycerides of higher melting points (e.g. of palmitic, stearic, etc. acids).

Heading 1518 covers inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of the Chapter, not elsewhere specified or included.

This part covers, inter alia, used deep-frying oil containing, for example, rape oil, soya-bean oil and a small quantity of animal fat, for use in the preparation of animal feeds.

The heading also includes hydrogenated, inter-esterified, re‐esterified or elaidinised fats and oils or their fractions, where modification involves more than one fat or oil.’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

1501

Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503

All

1502

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

1504

Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified

All, fish oils and oils from fishery products and marine mammals.

Miscellaneous edible preparations are covered in general under heading 1517 or Chapter 21.

1505 00

Wool grease and fatty substances derived therefrom (including lanolin)

All, wool grease imported as rendered fat as set out in Annex XIV to Regulation (EU) No 142/2011, or lanolin imported as intermediate product.

1506 00 00

Other animal fats and oils and their fractions, whether or not refined, but not chemically modified

All

Unsplit fats or oils, and also their initial fractions produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011.

1516 10

Animal fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared

All: animal fats and oils.

For official controls fat derivatives include first stage products derived from animal fats and oils when in their pure state produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011.

ex 1517

Margarine, edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516

Products of animal origin only.

ex 1518 00 91

Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516

Animal origin only.

Fat derivatives produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011.

Specific requirements are set out in Row 17 (rendered fats) and Row 18 (fat derivatives) of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

ex 1518 00 95

Inedible mixtures or preparations of animal or of animal and vegetable fats and oils and their fractions

Only fats and oil preparations, rendered fats and derivates derived from animals; including used cooking oil, intended to be used within the scope of Regulation (EC) No 1069/2009.

Fat derivatives produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011.

ex 1518 00 99

Other

Only if containing fat from animal origin.

ex 1520 00 00

Glycerol, crude; glycerol waters and glycerol lyes

Animal origin only.

1521 90 91

Raw beeswax and other insect waxes

All, covers waxes in natural combs, raw beeswax for apiculture or technical purposes.

Article 25(1)(c) of Regulation (EU) No 142/2011 prohibits the importation into and transit through the Union of beeswax in the form of honeycomb.

Specific requirements for apiculture by-products are set out in Row 10 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

1521 90 99

Beeswax and other insect waxes, whether or not refined or coloured, other than raw

All, covers waxes, processed or refined, whether or not bleached or coloured, for apiculture or technical purposes.

Specific requirements for apiculture by-products are set out in Row 10 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

Apiculture by-products other than beeswaxes shall be submitted for official controls under CN code 0511 99 85 ‘Other’.

ex 1522 00

Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes

Animal origin only.

Specific requirements are set out in Row 18 (fat derivatives) of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

CHAPTER 16

Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

Notes to Chapter 16 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter does not cover meat, meat offal, fish, crustaceans, molluscs or other aquatic invertebrates prepared or preserved by the process specified in Chapter 2 or 3 or heading 0504.

2.

Food preparations fall in this chapter provided that they contain more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof. In cases where the preparation contains two or more of the products mentioned above, it is classified in the heading of Chapter 16 corresponding to the component or components which predominate by weight. These provisions do not apply to the stuffed products of heading 1902 or to the preparations of heading 2103 or 2104.

For preparations containing liver, the provisions of the second sentence shall not apply in determining the subheadings within heading 1601 or 1602.

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

1601 00

Sausages and similar products, of meat, meat offal or blood; food preparations based on these products

All, covers preserved meat in various forms.

ex 1602

Other prepared or preserved meat, meat offal or blood

Products of animal origin only.

ex 1603 00

Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates

Products of animal origin only.

Covers meat extracts and meat concentrates, fish protein in gel form whether chilled or frozen, and also shark cartilage.

ex 1604

Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs

Products of animal origin only, cooked or pre-cooked culinary preparations containing or mixed with fish or fishery products.

Covers preparations of surimi in CN code 1604 20 05 .

Covers canned fish and canned caviar in airtight containers, and also sushi (provided that they are not to be classified in a CN code referred to in Chapter 19).

So-called fish skewers (raw fish meat or raw shrimps with vegetables presented on a wooden stick) are classified in CN code 1604 19 97 .

ex 1605

Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved

Products of animal origin only.

Covers fully prepared or pre-prepared snails, canned crustaceans, or other aquatic invertebrates as well as mussel powder.

CHAPTER 17

Sugars and sugar confectionery

Notes to Chapter 17 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter does not cover:

(b)

chemically pure sugars (other than sucrose, lactose, maltose, glucose and fructose) or other products of heading 2940;

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 1702

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey

Lactose.

Sugars and artificial honey, where mixed with natural honey.

CHAPTER 18

Cocoa and cocoa preparations

Notes to Chapter 18 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter does not cover the preparations of heading 0403, 1901, 1904, 1905, 2105, 2202, 2208, 3003 or 3004.

2.

Heading 1806 includes sugar confectionery containing cocoa and, subject to Note 1 to this Chapter, other food preparations containing cocoa.

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 1806

Chocolate and other food preparations containing cocoa

Products of animal origin only, for example dairy products.

CHAPTER 19

Preparations of cereals, flour, starch or milk; pastry cooks’ products

Notes to Chapter 19 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter does not cover:

(a)

except in the case of stuffed products of heading 1902, food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish, or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16);

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 1901

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

Products of animal origin only.

Covers uncooked foodstuffs (e.g. pizzas) containing products of animal origin.

Culinary preparations are covered by Chapters 16 and 21.

1902 11 00

Uncooked pasta, not stuffed or otherwise prepared, containing eggs

All

ex 1902 20 10

Stuffed pasta, whether or not cooked or otherwise prepared containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates

Products of animal origin only.

ex 1902 20 30

Stuffed pasta, whether or not cooked or otherwise prepared containing more than 20 % by weight of sausages and the like, of meat and meat offal of any kind, including fats of any kind or origin

Products of animal origin only.

ex 1902 20 91

Cooked stuffed pasta

Products of animal origin only.

ex 1902 20 99

Other [other stuffed pasta, not cooked]

Products of animal origin only.

ex 1902 30

Other pasta than pasta of subheadings 1902 11 , 1902 19 and 1902 20

Products of animal origin only.

ex 1902 40

Couscous

Products of animal origin only.

ex 1904 10 10

Prepared food obtained by the swelling or roasting of maize

Products of animal origin only.

ex 1904 90 10

Prepared food obtained from rice

Products of animal origin only, for example, sushi (provided they are not to be classified in Chapter 16).

ex 1905

Pastries

Products of animal origin only.

CHAPTER 20

Preparations of vegetables, fruit, nuts, or other parts of plants

Notes to Chapter 20 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter does not cover:

(b)

food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16).

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 2001

Vegetables, fruit, nuts and other edible parts or plants, prepared or preserved by vinegar or acetic acid

Products of animal origin only.

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006

Products of animal origin only.

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006

Products of animal origin only.

CHAPTER 21

Miscellaneous edible preparations

Notes to Chapter 21 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter does not cover:

(e)

food preparations, other than the products described in 2103 or 2104, containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any other combinations thereof (Chapter 16).

3.

For the purposes of heading 2104, the expression ‘homogenised composite food preparations’ means preparations consisting of a finely homogenised mixture of two or more basic ingredients such as meat, fish, vegetables, fruits or nuts, put up for retail sale as infant food or for dietetic purposes, in containers of a net weight content not exceeding 250 g. For the application of this definition, no account is to be taken of small quantities of any ingredients which may be added to the mixture for seasoning, preservation or other purposes. Such preparations may contain a small quantity of visible pieces of ingredients.

Additional notes

5.

Other food preparations presented in measured doses, such as capsules, tablets, pastilles and pills, and which are intended for use as food supplements are to be classified under heading 2106, unless elsewhere specified or included.

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 2103 90 90

Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard. — Other

Products of animal origin only.

ex 2104

Soups and broths and preparations therefore; homogenised composite food preparations

Products of animal origin only. including infant food in containers of a net weight content not exceeding 250 g.

ex 2105 00

Ice cream and other edible ice, whether or not containing cocoa

Products of animal origin only.

ex 2106 10

Protein concentrates and textured protein substances

Products of animal origin only; excluding food supplements packaged for the final consumer, containing small amounts (in total less than 20 %) of processed animal products (including glucosamine, chondroitin and/or chitosan) other than meat products.

ex 2106 90 51

Lactose syrup

Products of animal origin only; excluding food supplements packaged for the final consumer, containing small amounts (in total less than 20 %) of processed animal products (including glucosamine, chondroitin and/or chitosan) other than meat products.

ex 2106 90 92

Other food preparations not elsewhere specified or included, containing no milk fats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch

Products of animal origin only; excluding food supplements packaged for the final consumer, containing small amounts (in total less than 20 %) of processed animal products (including glucosamine, chondroitin and/or chitosan) other than meat products.

ex 2106 90 98

Other food preparations not elsewhere specified or included

Products of animal origin only; excluding food supplements packaged for the final consumer, containing small amounts (in total less than 20 %) of processed animal products (including glucosamine, chondroitin and/or chitosan) other than meat products.

CHAPTER 22

Beverages, Spirits and Vinegar

Notes to Chapter 22 (extract from the Notes to this Chapter of the CN)

‘…

3.

For the purposes of heading 2202, the term ‘non-alcoholic beverages’ means beverages of an alcoholic strength by volume not exceeding 0.5 % vol. Alcoholic beverages are classified in headings 2203 to 2206 or heading 2208 as appropriate.

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 2202 99 99

Other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 and containing 2 % or more by weight of fat obtained from the products of heading 0401 to 0404

Milk and dairy products only.

CHAPTER 23

Residues and waste from the food industries; prepared animal fodder

Note to Chapter 23 (extract from the Notes to this Chapter of the CN)

‘1.

Heading 2309 includes products of a kind used in animal feeding, not elsewhere specified or included, obtained by processing vegetable or animal materials to such an extent that they have lost the essential characteristics of the original material, other than vegetable waste, vegetable residues and by-products of such processing.

…’

Extract from the Harmonized System Explanatory Notes

‘Greaves, the membraneous tissues remaining after pig or other animal fats have been rendered. They are used mainly in the preparation of animal foods (e.g., dog biscuits), but they remain in heading 2301 even if suitable for human consumption.’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

2301

Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves

All, covers processed animal protein not for human consumption, meat meal not for human consumption, and greaves, whether or not for human consumption.

Feather meal is covered in heading 0505.

Specific requirements for processed animal protein are set out in Row 1 of Table 1 in Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.

ex 2309

Preparations of a kind used in animal feeding

All, if containing products of animal origin, except subheadings 2309 90 20 and 2309 90 91 .

Covers, among other things, dog or cat food, put up for retail sale (subheading 2309 10 ), containing animal products and fish or marine mammal solubles (CN code 2309 90 10 ). Products for animal feeding purposes, including mixtures of meals (such as hoof and horn).

This heading covers liquid milk, colostrum and products containing milk products, colostrum, or carbohydrates, all not fit for human consumption but for animal feeding.

Covers pet food, dog chews and mixtures of meals, mixtures can include dead insects.

Specific requirements for pet food including dog chews are set out in Row 12 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

Covers egg products not for human consumption and other processed products of animal origin not for human consumption.

Specific requirements for egg products are set out in Row 9 of Table 1 in Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.

CHAPTER 28

Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 2835 25 00

Calcium hydrogenorthophosphate (‘dicalcium phosphate’)

Animal origin only.

Specific requirements for dicalcium phosphate are set out in Row 6 of Table 1 in Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.

ex 2835 26 00

Other phosphates of calcium

Tricalcium phosphate of animal origin only.

Specific requirements for tricalcium phosphate are set out in Row 7 of Table 1 in Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.

CHAPTER 29

Organic chemicals

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 2922 49

Other Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof

Animal origin only.

ex 2925 29 00

Other imines and their derivatives than Chlordimeform (ISO); salts thereof

Creatine of animal origin.

ex 2930

Organo-sulphur compounds

Amino-acids of animal origin such as:

ex 2930 90 13 Cysteine and cystine;

ex 2930 90 16 Derivates of cysteine or cystine.

ex 2932 99 00

Other heterocyclic compounds with oxygen hetero-atom(s) only

Animal origin only, for example glucosamine, glucosamine-6-phosphate and their sulphates.

ex 2942 00 00

Other organic compounds

Animal origin only.

CHAPTER 30

Pharmaceutical products

General remarks

Finished medicinal products, which are not covered by Regulation (EC) No 1069/2009 and (EU) No 142/2011, are excluded from the list. Intermediate products are included.

In heading 3001 (glands and other organs for organo-therapeutic uses, dried, whether or not powdered; extracts of glands or other organs or of their secretions for organo-therapeutic uses; heparin and its salts; other human or animal substances prepared for therapeutic or prophylactic uses, not elsewhere specified or included) only animal derived products of subheadings 3001 20 and 3001 90 are relevant for official controls. Refer to the following specific requirements in Annex XIV to Regulation (EU) No 142/2011:

1.

Row 2 of Table 2 in Section 1 of Chapter II for blood products for technical products excluding from equidae, and

2.

Row 3 of Table 2 in Section 1 of Chapter II for blood and blood products from equidae, and

3.

Row 14 of Table 2 in Section 1 of Chapter II for animal by-products for the manufacture of pet food other than raw pet food and of derived products for uses outside the feed chain.

In heading 3002 (human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera, other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products) only subheadings 3002 12 and 3002 90 are relevant for official controls. Human blood of 3002 90 10 and vaccines of subheadings 3002 20 and 3002 30 do not need to be subjected to official controls.

CN code

Description

Qualification and explanation

(1)

(2)

(3)

3001 20 90

Extracts of glands or other organs or of their secretions, other than of human origin

All; covers a product acting as a replacement for maternal colostrum and used in the feeding of calves.

ex 3001 90 91

Animal substances prepared for therapeutic or prophylactic uses: heparin and its salts

All animal products, which are destined for further processing, in accordance with Article 34(1) of Regulation (EC) No 1069/2009, for the manufacture of the derived products referred to in points (a) to (f) of Article 33 of that Regulation.

3001 90 98

Other animal substances than heparin and its salts prepared for therapeutic or prophylactic uses, not elsewhere specified or included

All.

In addition to the glands and other organs mentioned in the Harmonized System Explanatory Notes to heading 3001, (A), this subheading covers the hypophysis, the suprarenal capsules and the thyroid gland; except those specified in Article 33 of Regulation (EC) No 1069/2009.

ex 3002 12 00

Antisera and other blood fractions

Animal derived products only.

Excludes finished medicinal products for the final consumer.

Excludes antibodies and DNA.

Under heading 3002, specific requirements are set out for animal by-products covered by Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011 and specified in the following Rows:

Row 2: blood products other than from equidae;

Row 3: blood and blood products from equidae.

3002 90 30

Animal blood prepared for therapeutic, prophylactic or diagnostic uses

All

ex 3002 90 50

Cultures of micro organisms

Only pathogens and cultures of pathogens for animals.

ex 3002 90 90

Other

Only pathogens and cultures of pathogens for animals.

ex 3006 92 00

Waste pharmaceuticals

Animal derived products only.

Pharmaceutical waste, pharmaceutical products, which are unfit for their original intended purpose.

CHAPTER 31

Fertilisers

Notes to Chapter 31 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter does not cover:

(a)

animal blood of heading 0511;

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 3101 00 00

Animal or vegetable fertilisers, whether or not mixed together or chemically treated; fertilisers produced by the mixing or chemical treatment of animal or vegetable products

Only animal derived products in an un-adulterated form.

Covers guano excluding mineralised guano.

Covers manure mixed with processed animal protein, if used as fertiliser; but manure–chemical mixtures used as fertilisers are excluded (see heading 3105, which covers only mineral or chemical fertilisers).

Specific requirements for processed manure, derived products from processed manure and guano from bats are set out in Row 1 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

ex 3105 10 00

Goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg

Only fertilisers containing animal derived products.

Specific requirements for processed manure, derived products from processed manure and guano from bats are set out in Row 1 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

CHAPTER 32

Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks

Notes to Chapter 32 (extract from the Notes to this Chapter of the CN)

‘…

3.

Headings 3203, 3204, 3205 and 3206 apply also to preparations based on colouring matter (including, in the case of heading 3206, colouring pigments of heading 2530 or Chapter 28, metal flakes and metal powders), of a kind used for colouring any material or used as ingredients in the manufacture of colouring preparations. The headings do not apply, however, to pigments dispersed in non- aqueous media, in liquid or paste form, of a kind used in the manufacture of paints, including enamels (heading 3212), or to other preparations of headings 3207, 3208, 3209, 3210, 3212, 3213 or 3215.

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 3203

Colouring matter of animal origin (including dyeing extracts but excluding animal black), whether or not chemically defined, preparations as specified in note 3 to this chapter based on colouring matter of animal origin

Only colour dispersions in milk fat base, used in the food or feed production.

ex 3204

Synthetic organic colouring matter, whether or not chemically defined; preparations as specified in note 3 to this chapter based on synthetic organic colouring matter; synthetic organic products of a kind used as fluorescent brightening agents or as luminophores, whether or not chemically defined

Only colour dispersions in milk fat base, used in the food or feed production.

CHAPTER 33

Essential oils and resinoids; perfumery, cosmetic or toilet preparations

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 3302

Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages

Only flavourings in a milk fat base used for food or feed production.

CHAPTER 35

Albuminoidal substances; modified starches; glues; enzymes

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 3501

Casein, caseinates and other casein derivatives; casein glues

Casein for human consumption, animal feeding or technical purposes.

Specific requirements for milk, milk-based products and colostrum not for human consumption are set out in Row 4 of Table 1 in Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.

ex 3502

Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives

Covers products derived from eggs and derived from milk whether for human consumption or not for human consumption (including animal feed purposes).

Specific requirements for milk, milk-based products and colostrums not for human consumption are set out in Row 4 of Table 1 in Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011 and for egg products not for human consumption in Row 9 of Table 1 in Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.

3503 00

Gelatine (including gelatine in rectangular (including square) sheets, whether or not surface-worked or coloured) and gelatine derivatives; isinglass; other glues of animal origin excluding casein glues of heading 3501

Covers gelatine for human consumption, for animal feed and technical use.

Gelatine classified in heading 3913 (hardened proteins) and in 9602 (worked, unhardened gelatine and articles of unhardened gelatine), for example, empty capsules if not for food or animal consumption are excluded from official controls.

Specific requirements are set out in Row 5 of Table 1 in Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011 for gelatine and hydrolysed protein not for human consumption and in Section 11 of Chapter II of Annex XIV to that Regulation for photo gelatine.

ex 3504 00

Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder whether or not chromed

Covers collagen and hydrolysed proteins for human consumption, for animal feed and technical use.

Covers protein based collagen products derived from hides, skins and tendons of animals, including bones in the case of pigs, poultry and fish.

Covers hydrolysed proteins consisting of polypeptides, peptides or amino acids, and mixtures thereof, obtained by the hydrolysis of animal by-products. They are excluded from official controls when they are used as additives in food preparations (heading 2106).

Covers any milk by-products for human consumption in case they are not covered in heading 0404.

Specific requirements for collagen are set out in Row 8 and for gelatine and hydrolysed protein in Row 5 of Table 1 in Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.

ex 3507 10 00

Rennet and concentrates thereof

Rennet and concentrates for human consumption, deriving from animal products only.

ex 3507 90 90

Other enzymes than rennet and concentrates thereof or lipoprotein lipase or aspergillus alkaline protease

Animal origin only.

CHAPTER 38

Miscellaneous chemical products

Notes to Chapter 38 (extract from the Notes to this Chapter of the CN)

‘…

4.

Throughout the nomenclature, ‘municipal waste’ means waste of a kind collected from households, hotels, restaurants, hospitals, shops, office, etc., road and pavement sweepings, as well as construction and demolition waste. Municipal waste generally contains a large variety of material as such as plastics, rubber, wood, paper, textiles, glass, metals, food materials, broken furniture and other damaged or discarded articles.

...’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 3822 00 00

Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents whether or not on a backing, other than those of heading 3002 or 3006; certified reference materials

Animal derived products only, except medical devices as defined in Article 1(2)(a) of Council Directive 93/42/EEC (9) and in vitro diagnostic medical devices as defined in Article 1(2)(b) of Directive 98/79/EC of the European Parliament and of the Council (10).

ex 3825 10 00

Municipal waste

Only catering waste containing animal products, if it falls within the scope of point (g) of Article 2(2) of Regulation (EC) No 1069/2009, except catering waste originating directly from means of transport operating internationally and disposed in line with Article 12 (d) of that Regulation.

Used cooking oil intended to be used within the scope of Regulation (EC) No 1069/2009, for example, for organic fertiliser or biogas, can be covered by this CN code.

CHAPTER 39

Plastics and articles thereof

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 3913 90 00

Other natural polymers (except alginic acid, its salts and esters) and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or included, in primary forms

Animal derived products only, for example, chondroitin sulphate, chitosan, hardened gelatine.

ex 3917 10 10

Artificial guts (sausage casings) of hardened protein or of cellulosic materials

Animal derived products only.

ex 3926 90 92

Other articles of plastics and articles of other materials of headings 3901 to 3914 made from sheet

Empty capsules of hardened gelatine for animal consumption; specific requirements are set out in Row 5 of Table 1 in Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.

ex 3926 90 97

Other articles of plastics and articles of other materials of headings 3901 to 3914 made from other than sheet

Empty capsules of hardened gelatine for animal consumption; specific requirements are set out in Row 5 of Table 1 in Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.

CHAPTER 41

Raw hides and skins (other than furskins) and leather

General remarks

Only hides and skins of ungulates covered in headings 4101, 4102, 4103 are to be subjected to official controls.

Specific requirements for hides and skins of ungulates are laid down in Row 4 and 5 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

Notes to Chapter 41 (extract from the Notes to this Chapter of the CN)

‘1.

This chapter does not cover:

(a)

parings or similar waste, of raw hides or skins (heading 0511);

(b)

birdskins or parts of birdskins, with their feathers or down, of heading 0505 or 6701; or

(c)

hides or skins, with the hair or wool on, raw, tanned or dressed (Chapter 43); the following are, however, to be classified in Chapter 41, namely, raw hides and skins with the hair or wool on, of bovine animals (including buffalo), of equine animals, of sheep or lambs (except Astrakhan, Broadtail, Caracul, Persian or similar lambs, Indian, Chinese, Mongolian or Tibetan lambs), of goats and kids (except Yemen, Mongolian or Tibetan goats and kids), of swine (including peccary), of chamois, of gazelle, of camels (including dromedaries), of reindeer, of elk, of deer, of roebucks or of dogs.

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 4101

Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split

Only fresh, chilled or treated hides and skins, including dried, dry-salted, wet-salted, or preserved by a process other than by tanning or an equivalent process.

Import without restrictions may be possible for treated hides and skins as referred to in point C 2 of Chapter V of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009, in particular for ex 4101 20 80 and ex 4101 50 90 .

ex 4102

Raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not with wool on or split, other than those excluded by Note 1 (c) to this Chapter

Only fresh, chilled or treated hides and skins, including dried, dry-salted, wet-salted, or preserved by a process other than by tanning or an equivalent process.

Import without restrictions may be possible for treated hides and skins as referred to in point C 2 of Chapter V of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009, in particular for ex 4102 21 00 and ex 4102 29 00 .

ex 4103

Other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split, other than those excluded by Note 1 (b) or 1 (c) to this Chapter

Only fresh, chilled or treated hides and skins, including dried, dry-salted, wet-salted, or preserved by a process other than by tanning or an equivalent process.

Import without restrictions may be possible for treated hides and skins as referred to in point C 2 of Chapter V of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009, in particular for ex 4103 90 00 .

CHAPTER 42

Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silkworm gut)

Notes to Chapter 42 (extract from the Notes to this Chapter of the CN)

‘…

2.

This chapter does not cover (amongst other products) the following of official interest:

(a)

sterile surgical catgut or similar sterile suture materials (heading 3006);

(ij)

strings, skins for drums or the like, or other parts of musical instruments (heading 9209).

…’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 4205 00 90

Other articles of leather or of composition leather

Covers dog chews and material for manufacture of dog chews.

ex 4206 00 00

Articles of gut (other than silkworm gut) of goldbeater’s skin, of bladders or of tendons

Covers dog chews and material for manufacture of dog chews.

CHAPTER 43

Furskins and artificial fur; manufactures thereof

Notes to Chapter 43 (extract from the Notes to this Chapter of the CN)

‘1.

Throughout the nomenclature, references to ‘furskins’, other than raw furskins of heading 4301, apply to hides and skins of all animals which have been tanned or dressed with the wool on.

2.

This chapter does not cover:

(a)

bird skins or parts of bird skins, with their feathers or down (heading 0505 or 6701);

(b)

raw hides or skins, with the hair or wool on, of Chapter 41 (see note 1(c) to that chapter);

…’

Extract from the Harmonized System Explanatory Notes

‘Heading 4301: Furskins are regarded as raw and falling in this heading not only when in the natural state, but also if cleaned and preserved from deterioration, e.g., by drying or salting (wet or dry).’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 4301

Raw furskins (including heads, tails, paws and other pieces or cuttings, suitable for furriers’ use), other than raw hides and skins of headings 4101, 4102 or 4103

All, excluding furskins treated in accordance with Chapter VIII of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009.

Covers the following subheadings:

ex 4301 10 00 (of mink, whole, with or without head, tail or paws): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

ex 4301 30 00 (of lamb, the following: Astrakhan, Broadtail, Caracul, Persian and similar lamb, Indian, Chinese, Mongolian, or Tibetan lamb, whole, with or without head, tail, or paws): specific requirements for hides and skins of ungulates are set out in Row 5 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

ex 4301 60 00 (of fox, whole, with or without head, tail or paws): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

ex 4301 80 00 (other furskins, whole, with or without head, tail or paws): other than ungulates, for example marmots, wild felines, seals, nutria. Specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

ex 4301 90 00 (heads, tails, paws and other pieces or cuttings, suitable for furriers’ use): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

CHAPTER 51

Wool, fine or coarse animal hair; horsehair yarn and woven fabric

General remarks

For headings 5101 to 5103 specific requirements for untreated wool and hair are set out in Row 8 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

Note to Chapter 51 (extract from the Notes to this Chapter of the CN)

‘1.

Throughout the nomenclature:

(a)

‘Wool’ means the natural fibre grown by sheep or lambs.

(b)

‘Fine animal hair’ means the hair of alpaca, llama, vicuna, camel (including dromedary), yak, angora, Tibetan, Kashmir or similar goats (but not common goats), rabbit, (including angora rabbit), hare, beaver, nutria or muskrat.

(c)

‘Coarse animal hair’ means the hair of animals not mentioned above, excluding brush-making hair and bristles (heading 0502) and horsehair (heading 0511).’

Extract from the Harmonized System Explanatory Notes

‘Throughout the Nomenclature the term ‘coarse animal hair’ means all other animal hair than ‘fine animal hair’ except wool (heading 5101), hair of the manes or tails of equine or bovine animals (classified as ‘horsehair’ heading 0511), pigs’, hogs’ or boars’ bristles or hair and badger hair or other brush‐making hair (heading 0502) (see Note 1(c)).’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 5101

Wool, not carded or combed

Untreated wool.

ex 5102

Fine or coarse animal hair, not carded or combed

Untreated hair, including coarse hair from the flanks of bovine or equine animals.

ex 5103

Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock

Untreated wool or hair.

CHAPTER 67

Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair

Extract from the Harmonized System Explanatory Notes

‘Heading 6701 covers:

(A)

Skins and other parts of birds with their feathers or down, feathers and down, and parts of feathers, which though not yet constituting made up articles, have undergone a process other than a simple treatment of cleaning, disinfection or preservation (see Explanatory Note to heading 0505); the goods of this heading may, for example, be bleached, dyed, curled or waved.

(B)

Articles made of skins or of other parts of birds with their feathers or down, articles made of feathers, of down or of parts of feathers, even if the feathers or down, etc., are unworked or merely cleaned, but not including articles made of scapes or quills. The heading therefore includes:

(1)

Single feathers the quills of which have been wired or bound for use as, for example, millinery mounts, and also single composite feathers assembled from different elements.

(2)

Feathers assembled in the form of clusters, and feathers or down assembled by glueing or fixing on textile fabric or other base.

(3)

Trimmings made of birds, parts of birds, of feathers or down, for hats, boas, collars, capes or other articles of apparel or clothing accessories.

(4)

Fans made of ornamental feathers, with frames of any material. However, fans with frames or precious metal are classified in heading 7113.’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 6701 00 00

Skins and other parts of birds with their feathers or down, feathers, parts of feathers, down and articles thereof (other than goods of heading 0505 and worked quills and scapes)

Only skins and other parts of birds with their feathers or down, feathers and down, and parts of feathers.

Articles of unworked or merely cleaned skins, feathers or down, and parts of feathers.

Excluding treated decorative feathers, treated feathers carried by travellers for their private use or consignments of treated feathers sent to private individuals for non- industrial purposes.

Specific requirements for feathers are set out in Row 9 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

CHAPTER 71

Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin

Harmonized System Classification Opinion 7101.21/1

‘Oysters unfit for human consumption, containing one or more cultured pearls, preserved in brine and put up in airtight metal containers.’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 7101 21 00

Unworked cultured pearls

Includes oysters unfit for human consumption, containing one or more cultured pearls, preserved in brine or by different methods, packaged in airtight containers.

Unworked cultured pearls as set out in Section 2 of Chapter IV of Annex XIV to Regulation (EU) No 142/2011 unless they are excluded from the scope of Regulation (EC) No 1069/2009 as provided for in point (f) of Article 2(2) of that Regulation.

CHAPTER 95

Toys, games and sports requisites; parts and accessories thereof

Extract from the Harmonized System Explanatory Notes

‘Fairground amusements, travelling circuses, travelling menageries and travelling theatres fall in heading 9508 provided they comprise all the essential units required for their normal operation. The heading also includes items of auxiliary equipment provided they are presented with, and as components of, these various amusements, notwithstanding that when presented separately such items (e.g., tents, animals, musical instruments, power plants, motors, lighting fittings, seats and arms and ammunition) would fall in other headings of the Nomenclature.’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 9508 10 00

Travelling circuses and travelling menageries

Live animals only.

ex 9508 90 00

Other: fairground amusements, travelling theatres

Live animals only.

CHAPTER 96

Miscellaneous manufactured articles

Extract from the Harmonized System Explanatory Notes

For the purposes of this heading, the expression “worked” refers to materials which have undergone processes extending beyond the simple preparations permitted in the heading for the raw material in question (see the Explanatory Notes to headings 05.05 to 05.08). The heading therefore covers pieces of ivory, rods, etc., cut to shape (including square or rectangular) or polished or otherwise worked by grinding, drilling, milling, turning, etc. However, pieces which are identifiable as parts of articles are excluded from this heading if such parts are covered by another heading of the Nomenclature. Thus, piano-key plates and plates for insertion in butts of firearms fall in headings 92.09 and 93.05 respectively. However, worked materials not identifiable as parts of articles remain classified in this heading (e.g., simple discs, plates or strips for inlaying, etc., or for subsequent use in the manufacture of piano-keys).

Heading 9602 includes sheets of unhardened gelatine cut to shape other than square or rectangular. Sheets cut to rectangular (including square) shape, whether or not surface worked, fall in heading 35.03 or in Chapter 49 (e.g., postcards)(see the Explanatory Note to heading 35.03). Articles of unhardened gelatine include, for example:

(i)

Small discs for sticking billiard cue tips.

(ii)

Capsules for pharmaceutical products and for mechanical lighter fuel.'

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 9602 00 00

Worked, unhardened gelatine (except gelatine of heading 3503) and articles of unhardened gelatine

Empty capsules of unhardened gelatine for food or animal consumption; specific requirements are set out in Row 5 of Table 1 in Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011 for animal consumption.

CHAPTER 97

Works of art, collectors’ pieces and antiques

Extract from the Harmonized System Explanatory Notes

‘(A) The heading includes collections and collectors’ pieces of zoological, botanical, mineralogical or anatomical interest, such as:

(1)

Dead animals of any species, preserved dry or in liquid; stuffed animals for collections.

(2)

Blown or sucked eggs; insects in boxes, frames, etc. (other than mounted articles constituting imitation jewellery or trinkets); empty shells, other than those of a kind suitable for industrial use.

(3)

Seeds or plants, dried or preserved in liquid; herbariums.

(4)

Specimens of minerals (not being precious or semi-precious stones falling in Chapter 71); specimens of petrification.

(5)

Osteological specimens (skeletons, skulls, bones).

(6)

Anatomical and pathological specimens.’

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 9705 00 00

Collections and collectors’ pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic or numismatic interest

Animal derived products only.

Excludes game trophies and other preparations of any animal species having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures.

Excludes game trophies and other preparations from other species than ungulates and birds (whether treated or untreated).

Specific requirements for game trophies are set out in Row 6 of Table 2 in Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.

CHAPTER 99

Special CN codes

Statistical codes for certain specific movements of goods

General remarks

This chapter covers goods originating from third countries and delivered to vessels and aircrafts within the European Union under customs transit procedure (T1).

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 9930 24 00

Goods of CN Chapters 1 to 24 delivered to vessels and aircraft

Products of animal origin destined for ship supply as provided for in Article 77 (1) (c) of Regulation (EU) 2017/625 of the European Parliament and of the Council  (11).

ex 9930 99 00

Goods classified elsewhere delivered to vessels and aircraft

Products of animal origin destined for ship supply as provided for in Article 77 (1) (c) of Regulation (EU) 2017/625.


(1)  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 54, 26.2.2011, p. 1).

(2)  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).

(3)  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 of Amendment thereto (OJ L 198, 20.7.1987, p. 1).

(4)  Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (OJ L 94, 31.3.2004, p. 63).

(5)  Explanatory Notes to the Combined Nomenclature of the European Union (OJ C 76, 4.3.2015, p. 1), as subsequently amended.

(6)  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).

(7)  Commission Regulation (EC) No 1125/2006 of 21 July 2006 concerning the classification of certain goods in the Combined Nomenclature (OJ L 200, 22.7.2006, p. 3).

(8)  Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species (OJ L 337, 16.12.2008, p. 41).

(9)  Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ L 169, 12.7.1993, p. 1).

(10)  Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (OJ L 331, 7.12.1998, p. 1).

(11)  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 95, 7.4.2017, p. 1).


ANNEX II

Annexes I and II to Decision 2007/275/EC are amended as follows:

(1)

Annex I is amended as follows:

(a)

the title is replaced by the following:

List of composite products subject to official controls as referred to in Article 3’;

(b)

the first sentence is replaced by the following:

‘This list sets out composite products according to the goods nomenclature in use in the Union to determine the selection of consignments that must be submitted to official controls at a border control post.’;

(c)

in the notes to the table, point (1) is deleted;

(d)

in the notes to the table, in point (4), the second paragraph is replaced by the following:

‘Where a four digit code is used: unless otherwise specified, all products prefixed with or covered by these four digits must be submitted to official controls at a border control post. In most of these cases, the relevant CN codes included in the Traces system referred to in Article 133(4) of Regulation (EU) 2017/625 are broken down to the six or eight digit code.’;

(e)

in the notes to the table, point (6) is replaced by the following:

‘6.

Column (3) — Qualification and explanation

This column gives details of the products covered. Further information on the composite products covered in the different Chapters of the CN can be found in the Explanatory Notes to the Combined Nomenclature of the European Union (*1).

(*1)  Explanatory Notes to the Combined Nomenclature of the European Union (OJ C 119, 29.3.2019, p. 1), as subsequently amended.’;"

(f)

Chapters 1, 2, 3, 4, 5, 6, 12, 23, 28, 29, 30, 31, 32, 33, 35, 38, 39, 41, 42, 43, 51, 67, 71, 95, 96 and 97 are deleted;

(g)

in Chapters 15, 16, 17, 18, 19, 20, 21 and 22, all entries in Column (3) — Qualification and explanation in the tables are replaced by the following:

‘Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 (*2).

(*2)  Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC (OJ L 312, 29.11.2019, p. 1).’;"

(h)

Chapter 99 is replaced by the following:

‘CHAPTER 99

Special combined nomenclature codes

Sub-chapter II

Statistical codes for certain specific movements of goods

General remarks

This chapter covers composite products originating from third countries and delivered to vessels and aircraft within the European Union under customs transit procedure (T1).

CN code

Description

Qualification and explanation

(1)

(2)

(3)

ex 9930 24 00

Goods of CN Chapters 1 to 24 delivered to vessels and aircraft.

Composite products destined for ship supply as provided for in point (c) of Article 77(1) of Regulation (EU) 2017/625.

ex 9930 99 00

Goods classified elsewhere delivered to vessels and aircraft.

Composite products destined for ship supply as provided for in point (c) of Article 77(1) of Regulation (EU) 2017/625.’;

(2)

Annex II is amended as follows:

(a)

the title is replaced by the following:

List of composite products not subject to official controls as referred to in point (b) of Article 6(1)’;

(b)

the first sentence is replaced by the following:

‘This list sets out composite products according to the goods nomenclature in use in the Union that do not need to be submitted to official controls at a border control post.’;

(c)

in the notes relating to the table, in the entry ‘Column (1) — CN code’, the second paragraph is replaced by the following:

‘Where a four digit code is used: unless otherwise specified, all composite products prefixed with or covered by these four digits are not required to be submitted to official controls at a border control post.’;

(d)

in the notes relating to the table, the entry ‘Column (2) — Explanation’ is replaced by the following:

 

Column (2) — Explanation

This column gives details of the composite products covered by the derogation from official controls at border control posts. When necessary, official staff at border control posts must assess the ingredients of a composite product and specify, if the animal product contained in the composite product is sufficiently processed so as to not require the official checks provided for in Union legislation.’.


(*1)  Explanatory Notes to the Combined Nomenclature of the European Union (OJ C 119, 29.3.2019, p. 1), as subsequently amended.’;

(*2)  Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC (OJ L 312, 29.11.2019, p. 1).’;’


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