COMMISSION IMPLEMENTING REGULATION (EU) …/...
of 21.2.2025
amending Implementing Regulation (EU) 2021/405 as regards the lists of third countries with an approved control plan and the lists of third countries authorised for the entry into the Union of certain fishery products
(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 127(2) thereof,
Whereas:
(1)Regulation (EU) 2017/625 lays down rules for official controls and other control activities performed by the competent authorities of the Member States in order to check compliance with Union legislation, among others, in the area of food safety at any stage of production, processing and distribution.
(2)Article 126(2), point (a), of Regulation (EU) 2017/625 provides that a delegated act may require that only consignments of certain animals and goods from a third country or region thereof which appears on a list drawn up by the Commission for that purpose may enter the Union.
(3)Commission Delegated Regulation (EU) 2022/2292 2 supplements Regulation (EU) 2017/625 by laying down entry requirements to ensure that consignments of food-producing animals and certain goods intended for human consumption from third countries or regions thereof comply with the relevant requirements established in the rules on food safety referred to in Article 1(2), point (a), of Regulation (EU) 2017/625 or with requirements recognised to be at least equivalent thereto. In particular, Article 3 of Delegated Regulation (EU) 2022/2292 identifies the food-producing animals and goods intended for human consumption that are subject to the requirement to come from a third country or region thereof which appears on the list referred to in Article 126(2), point (a), of Regulation (EU) 2017/625.
(4)Commission Implementing Regulation (EU) 2021/405 3 lays down the lists of third countries or regions thereof from which the entry into the Union of consignments of certain animals and goods intended for human consumption is permitted in accordance with Article 126(2), point (a), of Regulation (EU) 2017/625.
(5)Article 6(1) of Delegated Regulation (EU) 2022/2292 provides that, in addition to the requirements laid down in Regulation (EU) 2017/625, consignments of food-producing animals, products of animal origin and composite products are to enter the Union only from a third country that has in place a control plan for pharmacologically active substances, pesticides and contaminants.
(6)Article 7 of Delegated Regulation (EU) 2022/2292 provides that, in addition to the conditions laid down in Regulation (EU) 2017/625, consignments of food-producing animals, products of animal origin and composite products may enter the Union only from a third country that complies with the requirements provided for in Article 6(1) of Delegated Regulation (EU) 2022/2292 and is included in the list of third countries approved for the entry into the Union of the concerned food-producing animals or products of animal origin set out in Annex -I to Implementing Regulation (EU) 2021/405.
(7)Article 8(1) of Delegated Regulation (EU) 2022/2292 provides that, by way of derogation from Article 7, consignments of food-producing animals, products of animal origin and composite products may enter the Union from third countries that do not have an approved control plan for pharmacologically active substances, pesticides and contaminants but ensure that the food-producing animals and products of animal origin, including those used in composite products, originate in a Member State or a third country included in the list set out in Annex -I to Implementing Regulation (EU) 2021/405. Article 8(2) of Delegated Regulation (EU) 2022/2292 provides that in addition to the requirements laid down in Article 127(3) of Regulation (EU) 2017/625, the Commission is to decide on the inclusion of a third country in the list referred to in Article 126(2), point (a), of that Regulation only if the competent authority of that third country provides the Commission with evidence and guarantees of compliance with the requirements laid down in Article 8(1). Such evidence and guarantees are to consist of information on the procedures in place in that third country to guarantee the traceability and origin of those food-producing animals and those products of animal origin.
(8)Belize, Cuba, Honduras, Nigeria, and Tunisia are listed in Annex -I to Implementing Regulation (EU) 2021/405 and marked with an ‘O’ for milk and eggs indicating their intention to export to the Union composite products manufactured using processed milk and/or processed egg products obtained from a Member State or from a third country or region thereof that has in place control plans for pharmacologically active substances, pesticides and contaminants. However, those countries failed to submit to the Commission evidence and guarantees of compliance with Article 8(1) of Delegated Regulation (EU) 2022/2292 The marking ‘O’ for Belize, Cuba, Honduras, Nigeria, and Tunisia should therefore be deleted from Annex -I.
(9)Brazil is listed in Annex -I to Implementing Regulation (EU) 2021/405 with an ‘O’ for eggs. Brazil has submitted a control plan for eggs. That plan provides the required guarantees and should therefore be approved. Brazil should therefore be listed in Annex -I to Implementing Regulation (EU) 2021/405 with an ‘X’ for eggs [instead of the ‘O’].
(10)Brunei and Costa Rica are listed in Annex -I to Implementing Regulation (EU) 2021/405 and marked with an ‘O’ for milk and eggs indicating their intention to export to the Union composite products manufactured using processed milk and/or processed egg products obtained from a Member State or from a third country or region thereof that has in place control plans for pharmacologically active substances, pesticides and contaminants. However, those countries have informed the Commission that they are not interested in further exporting such composite products to the Union. That marking ‘O’ for Brunei and Costa Rica should therefore be deleted from Annex -I.
(11)Kazakhstan has submitted a control plan for honey. The plan provides the required guarantees and should therefore be approved. Kazakhstan should therefore be listed in Annex -I to Implementing Regulation (EU) 2021/405 with an ’X’ for ‘honey’.