(1)

Regulation (EU) 2017/625 of the European Parliament and of the Council (4) lays down the rules for the performance of official controls to verify compliance with, inter alia, rules on food and feed safety.

(2)

Regulation (EU) 2019/6 of the European Parliament and of the Council (5) lays down rules for, inter alia, the control and use of veterinary medicinal products , with a particular focus on antimicrobial resistance .

(3)

In accordance with Regulation (EU) 2019/6, a more prudent and responsible use of antimicrobials in animals is ensured, inter alia, by way of the prohibitions on the use of antimicrobials for growth promotion and yield increase and on the use of antimicrobials reserved for treatment of certain infections in humans. Under Article 118(1) of Regulation (EU) 2019/6, operators in third countries are required to respect those prohibitions when exporting animals and products of animal origin to the Union . As highlighted in Recital (49) of that Regulation, it is important to consider the international dimension of the development of antimicrobial resistance by taking non-discriminatory and proportionate measures, while respecting Union obligations under international agreements .

(4)

Article 118 of Regulation (EU) 2019/6 builds on the Commission communication of 29 June 2017 entitled ‘A European One Health Action Plan against antimicrobial resistance (“AMR”)’, by enhancing the prevention and control of antimicrobial resistance and promoting a more prudent and responsible use of antimicrobials in animals. ▌

(5)

In order to ensure the effective implementation of the prohibition of the use of antimicrobials for growth promotion and yield increase and of the use of antimicrobials reserved for treatment of certain infections in humans, official controls for the verification of compliance of animals and products of animal origin exported to the Union with Article 118(1) of Regulation (EU) 2019/6 should be included in the scope of Regulation (EU) 2017/625 , again while respecting Union obligations under international agreements .

(6)

In accordance with point (g) of Article 18(7) of Regulation (EU) 2017/625, the Commission is to adopt specific rules for the performance of official controls on criteria and conditions to determine, in relation to Pectinidae, marine gastropods and Holothuroidea, when production and relaying areas are not to be classified. Holothuroidea are a class of the phylum Echinodermata. Echinoderms are generally not filter-feeding animals. Consequently, the risk of such animals accumulating micro-organisms related to faecal contamination is remote. In addition, no epidemiological information has been reported which could link public health risks to echinoderms that are not filter feeders. For that reason, the possibility laid down in point (g) of Article 18(7) of Regulation (EU) 2017/625 to derogate from the requirement to classify the production and relaying areas should be extended to all echinoderms which are not filter feeders, for example to those belonging to the class Echinoidea, and not be limited to Holothuroidea. For the same reason, it should be clarified that the conditions for the classification and monitoring of classified production and relaying areas to be laid down by the Commission apply to live bivalve molluscs, echinoderms, tunicates and marine gastropods, except those marine gastropods and echinoderms that are not filter feeders. The terminology used in Article 18(6), (7) and (8) of Regulation (EU) 2017/625 should be aligned accordingly.

(7)

In accordance with point (e) of Article 47(1) of Regulation (EU) 2017/625, competent authorities are to perform official controls at the border control post of first arrival into the Union on each consignment of animals and goods subject to, inter alia, the emergency measures provided for in acts adopted in accordance with Article 249 of Regulation (EU) 2016/429 of the European Parliament and of the Council (6). However, Article 249 of Regulation (EU) 2016/429 does not concern Commission emergency measures. That error should be corrected and reference should be made to Article 261 of Regulation (EU) 2016/429.

(8)

Since the objective of this Regulation, namely to allow for official controls on the use of antimicrobials in animals and products of animal origin entering into the Union, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(9)

Regulation (EU) 2017/625 should therefore be amended accordingly.

(10)

Since Regulation (EU) 2019/6 applies from 28 January 2022, the corresponding provisions of this Regulation should apply from the same date,