EXPLANATORY MEMORANDUM

1.CONTEXT OF THE DELEGATED ACT

Regulation (EU) 2017/625 of the European Parliament and of the Council on Official Controls (OCR) establishes the framework for official controls and other official activities to verify the correct application of Union agri-food chain legislation. This includes official controls performed on animals and goods entering the Union from third countries.

Article 48, points (d) and (h), of the OCR provides that certain categories of animals and goods referred to in Article 47(1) of the OCR coming from third countries may be exempted from official controls at border control posts.

Commission Delegated Regulation (EU) 2022/2292 laying down requirements for consignments of composite products repealed Commission Delegated Regulation (EU) 2019/625 from 15 December 2022. In order to ensure legal certainty, it is necessary to refer in Delegated Regulation (EU) 2021/630 to Article 20(2) and (3) of Delegated Regulation (EU) 2022/2292, laying down requirements for composite products entering the Union from third countries or regions thereof.

Commission Delegated Regulation (EU) 2021/630 exempts certain composite products from official controls at border control posts. The purpose of this Regulation is to extend the list of these low risk, shelf-stable, composite products that are exempted from official controls at border control posts in Delegated Regulation (EU) 2021/630 by including spreads and preparations for making beverages containing cocoa, products obtained from cereals, cereal products, prepared pastries, chips and crisps, prepared rice products, and miso and soy sauce containing a small amount of fish soup stock. These composite products should be controlled by the competent authorities at the place of destination, at the point of release for free circulation in the Union, or at the warehouses or the premises of the operator responsible for the consignment.

Commission Delegated Regulation (EU) 2019/2122 lays down cases and conditions under which certain goods which form part of passenger’s personal luggage are exempted from official controls at border control posts. Since consignments of shelf-stable composite product such as, breads, cakes, prepared pastries, biscuits (including crackers), waffles and wafers, rusks, toasted bread and similar toasted products, chips and crisps, pasta, noodles and couscous, miso and soy sauce containing a small amount of fish soup stock, soup stocks and flavourings, food supplements are exempted from official controls at border control posts in accordance with Delegated Regulation (EU) 2021/630, these shelf-stable composite products posing low risk to animal and human health not containing meat should also be exempted from official controls at border control posts when they form part of passengers’ personal luggage.

In all points of entry into the Union, the competent authority must display information on animal products, including composite products exempted from official controls, by means of the posters in accordance with Annex III to Delegated Regulation (EU) 2019/2122. Since the Annex of Delegated Regulation (EU) 2021/630 is amended to include new composite products exempted from official controls at border control posts, point 7 of Annex III to Delegated Regulation (EU) 2019/2122 should also be amended accordingly.

2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

The Commission Expert Group "official controls" (E00911) was consulted at several occasions.

No impact assessment has been carried out. This Regulation is not expected to have any significant impact since it extends the list of composite products that are already exempted from official controls at border control posts.

Before adopting this Delegated Regulation, the Commission published the draft Regulation for stakeholders’ feedback from 15 February 2023 to 15 March 2023. Stakeholders provided positive feedback in relation to the extension to the scope of the Regulation. Comments from stakeholders have been taken into account. One additional type of composite product was suggested to be listed as exempted from checks at border control posts. However, this suggestion was not supported by the risk assessment and therefore could not be included in the Regulation at this stage.

3.LEGAL ELEMENTS OF THE DELEGATED ACT

The legal basis is Article 48, points (d) and (h), and Article 77(1), point (k), of Regulation (EU) 2017/625. 

COMMISSION DELEGATED REGULATION (EU) …/...

of 19.6.2023

amending Delegated Regulation (EU) 2021/630 as regards the inclusion of certain spreads and preparations for making beverages containing cocoa, certain prepared foods obtained from cereals or cereal products, certain prepared foods obtained from rice and other cereals, certain chips and crisps, and certain sauces and condiments in the list of composite products exempted from official controls at border control posts and amending Annexes I and III to Delegated Regulation (EU) 2019/2122

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) 1 , and in particular Article 48, points (d) and (h), and Article 77(1), point (k), thereof, 

Whereas:

(1)Commission Delegated Regulation (EU) 2021/630 2  establishes the list of low risk shelf-stable composite products that are exempted from official controls at border control posts. 

(2)Commission Delegated Regulation (EU) 2019/625 3 laid down certain requirements for consignments of composite products entering the Union from third countries or regions thereof. Shelf-stable composite products exempted from official controls at border control posts had to comply with those requirements. Commission Delegated Regulation (EU) 2022/2292 4  repealed Delegated Regulation (EU) 2019/625 from 15 December 2022. Since Delegated Regulation (EU) 2021/630 refers to Delegated Regulation (EU) 2019/625, in order to ensure legal certainty, it is necessary to replace the reference to the repealed Article 12(2) of Delegated Regulation (EU) 2019/625 in Delegated Regulation (EU) 2021/630 with a reference to Article 20(2) and (3) of Delegated Regulation (EU) 2022/2292, laying down requirements for composite products entering the Union from third countries or regions thereof.

(3)Since the shelf-stable composite products under CN codes 1806 90 60, 1806 90 70, 1904 10, 1904 20, 1904 90, 1905 90, 2005 20 20 and 2103 in the form of certain spreads and preparations for making beverages containing cocoa, certain prepared foods obtained from cereals, cereal products, certain prepared foods obtained from rice, certain chips and crisps, and miso containing fish soup stock and soy sauce containing fish soup stock pose a low risk to human and animal health, these products should also be exempted from official controls at border control posts. Crackers are considered a type of biscuit and, therefore, they should be also exempted from official controls at border control posts.

(4)Commission Delegated Regulation (EU) 2019/2122 5 lays down rules for the cases where and the conditions under which certain categories of animals and goods which form part of passengers’ personal luggage are exempted from official controls at border control posts. 

(5)Since by virtue of this Regulation certain low-risk shelf-stable composite products not containing meat are exempted from official controls at border control posts in accordance with Delegated Regulation (EU) 2021/630, those composite products should also be referred to in Part 2 of Annex I to Delegated Regulation (EU) 2019/2122 as exempted from official controls at border control posts. Given that the latter amendments are a direct consequence of the former, it is appropriate to make these amendments in one single act.

(6)The list of exempted products in Annex III to Delegated Regulation (EU) 2019/2122 refers to the same goods as those that are contained in the list of composite products exempted from official controls at border control posts in the Annex to Delegated Regulation (EU) 2021/630. Since by virtue of this Regulation certain low-risk shelf-stable composite products not containing meat are added in the Annex to Delegated Regulation (EU) 2021/630, it is necessary to amend also point 7 of Annex III to Delegated Regulation (EU) 2019/2122 and align the lists of exempted composite products in both Delegated Regulations. Given that the two lists are substantively linked and are intended to be applied in tandem, it is appropriate to make the amendments to those lists in one single act.

(7)Delegated Regulations (EU) 2019/2122 and (EU) 2021/630 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Delegated Regulation (EU) 2021/630 is amended as follows:

1.in Article 3(1), point (a)(i) is replaced by the following:

‘(i)they comply with the requirements for entry into the Union laid down in Article 20(2) and (3) of Commission Delegated Regulation (EU) 2022/2292 (*);

   ----------------

(*)Commission Delegated Regulation (EU) 2022/2292 of 6 September 2022 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of food-producing animals and certain goods intended for human consumption (OJ L 304, 24.11.2022, p. 1).’; 

2.the Annex is replaced by the text set out in the Annex to this Regulation.

Article 2

Delegated Regulation (EU) 2019/2122 is amended as follows:

1.in Annex I, Part 2 is replaced by the following:

‘PART 2

List of goods which are not exempted from official controls at border control posts provided for in Article 7, point (c)

Notes:

1.Column 1: Where only certain products under any code are required to be examined and no specific subdivision under this code exists in the goods nomenclature, the code is marked “ex” (e.g. ex 19 01: only those preparations containing meat or milk, or both should be included).

2.Column 2: The description of the goods is as laid down in the description column of Annex I to Regulation (EEC) No 2658/87.

3.Column 3: This column gives details of the products covered.

___________

(*)Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(**)In accordance with Commission Delegated Regulation (EU) 2021/630 of 16 February 2021 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of goods exempted from official controls at border control posts and amending Commission Decision 2007/275/EC (OJ L 132, 19.4.2021, p.17).

(***)In accordance with Delegated Regulation (EU) 2021/630.

(****)Heading 2006 reads: “vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised)”.

(*****)In accordance with Delegated Regulation (EU) 2021/630.

(******)In accordance with Delegated Regulation (EU) 2021/630.

(*******)In accordance with Delegated Regulation (EU) 2021/630.’;

2.in Annex III, point 7 is replaced by the following:

‘

The following products are exempted from the rules set out in points 1 to 6 provided that they meet the requirements of Article 3(1), point (a), of Delegated Regulation (EU) 2021/630:

–confectionery (including sweets), white chocolate and other food preparations, not containing cocoa, and confectionery (including sweets), chocolate and other food preparations, spreads, and preparations for making beverages, containing cocoa;

–pasta, noodles and couscous;

–prepared foods obtained by the swelling or roasting of cereals or cereal products, prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals (e.g. breakfast cereals, mueslis, granolas), and prepared foods obtained from rice and other cereals; 

–breads, cakes, prepared pastries, biscuits (including crackers), waffles and wafers, rusks, toasted bread and similar toasted products, and chips and crisps (including potato chips and crisps); 

–olives stuffed with fish;

–extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté thereof;

–roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof;

–miso containing a small amount of fish soup stock and soy sauce containing a small amount of fish soup stock;

–soup stocks and flavourings packaged for the final consumer;

–food supplements packaged for the final consumer, containing processed animal products (including glucosamine, chondroitin or chitosan);

–liqueurs and cordials.

Composite products that have in their composition as products of animal origin only enzymes, flavourings, additives or vitamin D3 are exempted from the rules set out in points 1 to 6 provided that they meet the requirements of Article 3(1), point (b), of Delegated Regulation (EU) 2021/630.’.

Article 3

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

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

Done at Brussels, 19.6.2023

(1)    OJ L 95, 7.4.2017, p. 1.

(2)    Commission Delegated Regulation (EU) 2021/630 of 16 February 2021 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of goods exempted from official controls at border control posts and amending Commission Decision 2007/275/EC (OJ L 132, 19.4.2021, p. 17).

(3)    Commission Delegated Regulation (EU) 2019/625 of 4 March 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption (OJ L 131, 17.5.2019, p. 18).

(4)    Commission Delegated Regulation (EU) 2022/2292 of 6 September 2022 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of food-producing animals and certain goods intended for human consumption (OJ L 304, 24.11.2022, p. 1).

(5)    Commission Delegated Regulation (EU) 2019/2122 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market and amending Commission Regulation (EU) No 142/2011 (OJ L 321, 12.12.2019, p. 45).

ANNEX

‘ANNEX

List of composite products exempted from official controls at border control posts (Article 3)

This list sets out composite products, in accordance with the Combined Nomenclature (CN) in use in the Union, that do not need to be submitted for official controls at border control posts.

Notes relating to the table:

Column (1) — CN code

This column indicates the CN code. The CN, established by Regulation (EEC) No 2658/87, is based on the Harmonized Commodity Description and Coding System (“Harmonized System (HS)”) drawn up by the Customs Cooperation Council, now the World Customs Organisation, and approved by Council Decision 87/369/EEC 1 . The CN reproduces the headings and subheadings of the HS to six digits. The seventh and eighth digits identify further CN subheadings.

Where a four-, six- or eight-digit code not marked with “ex” is used, and unless otherwise specified, all composite products prefixed with or covered by these four-, six- or eight-digits are not required to be submitted for official controls at border control posts.

Where only certain specified composite products under any four-, six- or eight-digit code contain animal products and no specific subdivision under this code exists in the CN, the code is marked “ex”. For example, with respect to “ex 2001 90 65”, checks at border control posts are not required for the products outlined in column (2).

Column (2) — Explanations

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

’

(1)

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