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Document 32021R2089
Commission Delegated Regulation (EU) 2021/2089 of 21 September 2021 amending Delegated Regulation (EU) 2019/2122 as regards certain categories of goods posing low risk, goods that form part of passengers’ personal luggage and pet animals exempted from official controls at border control posts and amending that Delegated Regulation and Delegated Regulation (EU) 2019/2074 as regards references to certain repealed legislation (Text with EEA relevance)
Commission Delegated Regulation (EU) 2021/2089 of 21 September 2021 amending Delegated Regulation (EU) 2019/2122 as regards certain categories of goods posing low risk, goods that form part of passengers’ personal luggage and pet animals exempted from official controls at border control posts and amending that Delegated Regulation and Delegated Regulation (EU) 2019/2074 as regards references to certain repealed legislation (Text with EEA relevance)
Commission Delegated Regulation (EU) 2021/2089 of 21 September 2021 amending Delegated Regulation (EU) 2019/2122 as regards certain categories of goods posing low risk, goods that form part of passengers’ personal luggage and pet animals exempted from official controls at border control posts and amending that Delegated Regulation and Delegated Regulation (EU) 2019/2074 as regards references to certain repealed legislation (Text with EEA relevance)
C/2021/6723
OJ L 427, 30.11.2021, p. 149–159
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
30.11.2021 |
EN |
Official Journal of the European Union |
L 427/149 |
COMMISSION DELEGATED REGULATION (EU) 2021/2089
of 21 September 2021
amending Delegated Regulation (EU) 2019/2122 as regards certain categories of goods posing low risk, goods that form part of passengers’ personal luggage and pet animals exempted from official controls at border control posts and amending that Delegated Regulation and Delegated Regulation (EU) 2019/2074 as regards references to certain repealed legislation
(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 (b), (c), (d), (e), (f) and (h), Article 53(1)(d)(ii) and Article 77(1)(h) and (k) 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) 2019/2122 (2) lays down rules for when and the conditions under which certain categories of animals and goods are exempted from official controls at border control posts and for when and the conditions under which specific control tasks may be performed by customs authorities or other public authorities, insofar as those tasks are not already falling under the responsibility of those authorities, on passengers’ personal luggage. |
(3) |
Samples of products of animal origin and of composite products for product analysis and quality testing, including organoleptic analysis, that are used for testing and analysis by an operator in the Member State of destination pose a low risk to public health, as they do not enter the food chain. Therefore, the competent authority of the Member State of destination should be able to grant an authorisation to exempt those samples from official controls at border control posts. |
(4) |
In order to prevent risks to animal health, the competent authority of the Member State of destination should issue the authorisation for samples of products of animal origin and of composite products in accordance with the animal health requirements laid down in rules established in, or pursuant to, Regulation (EU) 2016/429 of the European Parliament and of the Council (3) or by the Member States. The competent authority of the Member State of destination should specify in the authorisation the public health conditions for entry into the Union and for the use of the samples. |
(5) |
In order to prevent the placing on the market of samples of products of animal origin and of composite products for product analysis and quality testing, the competent authority should specify in the authorisation the obligations of operators to keep records of the use of the samples for product analysis and quality testing, and to dispose of the samples after use in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council (4). |
(6) |
To avoid any misuse of this exemption, the competent authority that authorises the entry of research or diagnostic samples and of samples of products of animal origin and of composite products for product analysis and quality testing should specify in the authorisation issued to operators the maximum amount of the samples. |
(7) |
The quantity of certain goods that form part of passengers’ personal luggage, are intended for personal consumption or use and are exempted from official controls at border control posts, should be clarified. |
(8) |
In order to ensure coherence with the relevant lists of third countries in Regulation (EU) No 576/2013 of the European Parliament and of the Council (5) from where pet animals may be moved into a Member, the exemption for pet animals that enter the Union from third countries, not listed in Part 1 of Annex II to Commission Implementing Regulation (EU) No 577/2013 (6) should be corrected. |
(9) |
In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Withdrawal Agreement), and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, Regulation (EU) 2017/625, as well as the Commission acts based on it, apply in the United Kingdom in respect of Northern Ireland. Consequently, the posters in Annex II to Delegated Regulation (EU) 2019/2122 and the leaflet in Annex III thereto concerning the introduction of products that form part of passengers’ personal luggage, should be amended to include references to the United Kingdom in respect of Northern Ireland. |
(10) |
Commission Decision 2007/275/EC (7) is repealed by Commission Implementing Regulation (EU) 2021/632 (8). In the interest of legal certainty, references to Commission Decision 2007/275/EC in Annex III to Delegated Regulation (EU) 2019/2122 should be replaced by references to Commission Delegated Regulation (EU) 2021/630 (9). |
(11) |
Delegated Regulation (EU) 2019/2122 should therefore be amended accordingly. |
(12) |
Commission Implementing Regulation (EU) 2019/2007 (10) is repealed by Implementing Regulation (EU) 2021/632. In the interest of legal certainty, the references to Implementing Regulation (EU) 2019/2007, and to Decision 2007/275/EC in Commission Delegated Regulation (EU) 2019/2074 (11) should be replaced by references to Commission Implementing Regulation (EU) 2021/632. |
(13) |
Delegated Regulation (EU) 2019/2074 should be amended accordingly. |
(14) |
In Delegated Regulation (EU) 2019/2074, references to the same repealed legal acts as in Delegated Regulation (EU) 2019/2122 should be corrected. The rules in those Delegated Regulations are substantively linked and are intended to be applied in tandem. In the interests of simplicity and transparency, as well as to facilitate their application and to avoid a multiplication of rules, they should be laid down in a single act rather than in a number of separate acts with many cross-references and the risk of duplication. In conclusion, the amendment to Delegated Regulation (EU) 2019/2074 should be included into this Regulation together with the amendment to Delegated Regulation (EU) 2019/2122, |
HAS ADOPTED THIS REGULATION:
Article 1
Delegated Regulation (EU) 2019/2122 is amended as follows:
(1) |
in Article 3(1), point (b) is replaced by the following:
(*1) In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Regulation, references to Member States include the United Kingdom in respect of Northern Ireland.’;" |
(2) |
Article 4 is amended as follows:
|
(3) |
in Article 7, point (a) is replaced by the following:
|
(4) |
in Article 11, point (a)(ii) is replaced by the following:
|
(5) |
Annexes II and III are amended in accordance with the Annex to this Regulation. |
Article 2
Delegated Regulation (EU) 2019/2074 is amended as follows:
(1) |
in Article 3, paragraph 1 is replaced by the following: ‘1. The competent authority at the border control post of arrival into the Union shall authorise the entry into the Union of the following consignments of products originating from and returning into the Union following a refusal of entry by a third country provided that they comply with the requirements set out in paragraph 2:
(*6) Commission Implementing Regulation (EU) 2021/632 of 13 April 2021 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, composite products, and hay and straw subject to official controls at border control posts, and repealing Implementing Regulation (EU) 2019/2007 and Commission Decision 2007/275/EC (OJ L 132, 19.4.2021, p. 24).’;" (2) in Article 3(2), point (a) is replaced by the following:
|
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, 21 September 2021.
For the Commission
The President
Ursula VON DER LEYEN
(2) 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).
(3) Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (Animal Health Law) (OJ L 84, 31.3.2016, p. 1).
(4) 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).
(5) Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (OJ L 178, 28.6.2013, p. 1).
(6) Commission Implementing Regulation (EU) No 577/2013 of 28 June 2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and of the Council (OJ L 178, 28.6.2013, p. 109).
(7) Commission Decision 2007/275/EC of 17 April 2007 concerning lists of composite products to be subject to controls at border control posts (OJ L 116, 4.5.2007, p. 9).
(8) Commission Implementing Regulation (EU) 2021/632 of 13 April 2021 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, composite products, and hay and straw subject to official controls at border control posts, and repealing Implementing Regulation (EU) 2019/2007 and Commission Decision 2007/275/EC (OJ L 132, 19.4.2021, p. 24).
(9) 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 [C(2021)899] (OJ L 132, 19.4.2021, p. 17).
(10) 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, 3.12.2019, p. 1).
(11) Commission Delegated Regulation (EU) 2019/2074 of 23 September 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules on specific official controls on consignments of certain animals and goods originating from, and returning to the Union following a refusal of entry by a third country (OJ L 316, 6.12.2019, p. 6).
ANNEX
Annexes II and III to Delegated Regulation (EU) 2019/2122 are amended as follows:
(1) |
Annex II is replaced by the following: ‘ANNEX II Posters referred to in Article 8(1) The posters can be found at: https://ec.europa.eu/food/animals/animalproducts/personal_imports_en
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