13.1.2022 |
EN |
Official Journal of the European Union |
L 8/36 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/36
of 11 January 2022
amending Annex III to Implementing Regulation (EU) 2020/2235 as regards model certificates for the entry into the Union of consignments of certain live aquatic animals and products of animal origin
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 on laying specific hygiene rules for food of animal origin (1), and in particular Article 7(2), point (a), thereof,
Having regard to 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’) (2), and in particular Articles 238(3) and 239(3) 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) (3), and in particular Article 90, first paragraph, points (a) and (b), and Article 126(3) thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) 2020/2235 (4) lays down rules regarding animal health certificates provided for in Regulation (EU) 2016/429, official certificates provided for in Regulation (EU) 2017/625, and animal health/official certificates based on those Regulations, required for the entry into the Union of certain consignments of animals and goods (hereinafter together referred to as ‘the certificates’). In particular, Annex III to Implementing Regulation (EU) 2020/2235 lays down, inter alia, model certificates for the entry into the Union of consignments of certain live aquatic animals and products of animal origin. |
(2) |
More specifically, Chapters 1 (MODEL BOV), 2 (MODEL OVI), 24 (MODEL MP-PREP), 25 (MODEL MPNT), 26 (MODEL MPST), 27 (MODEL CAS), 41 (MODEL GEL), 42 (MODEL COL), 43 (MODEL RCG), 44 (MODEL TCG) and 50 (MODEL COMP) of Annex III to Implementing Regulation (EU) 2020/2235 set out model animal health/official certificates, and official certificates, for the entry into the Union of consignments of products of bovine, ovine and caprine origin. Regulation (EC) No 999/2001 of the European Parliament and of the Council (5) was recently amended by Commission Regulation (EU) 2021/1176 (6) in order to update, inter alia, the requirements for the entry into the Union of products of bovine, ovine and caprine origin by adding specific conditions in the case of the entry into the Union of ruminant products from a country with a controlled BSE risk where they are derived from animals originating from a country with an undetermined BSE risk. Those new requirements for the entry into the Union of those consignments should be reflected in those model animal health/official certificates and official certificates. It is therefore necessary to amend those models accordingly. |
(3) |
In addition, the public health and animal health attestations in the model animal health/official certificates for the entry into the Union of consignments of certain categories of meat products intended for human consumption set out in Chapters 25 (MODEL MPNT) and 26 (MODEL MPST) of Annex III to Implementing Regulation (EU) 2020/2235 should be amended in order to accurately reflect the requirements concerning the entry into the Union of products of animal origin from farmed and wild cervid animals laid down in Annex IX, Chapter F, to Regulation (EC) No 999/2001 and the establishment of origin of animals from which fresh meat was obtained laid down in Article 150 of Commission Delegated Regulation (EU) 2020/692 (7) respectively. It is therefore necessary to amend those models accordingly. |
(4) |
Chapter 27 of Annex III to Implementing Regulation (EU) 2020/2235 sets out model animal health/official certificate for the entry into the union of casings intended for human consumption (MODEL CAS). In accordance with Article 148 of Delegated Regulation (EU) 2020/692, point II.2.2. of that model animal health/official certificate provides the possibility for third countries or territories, or zones thereof, authorised for the entry into the Union of fresh meat and therefore listed in Annex XIII to Commission Implementing Regulation (EU) 2021/404 (8), for the entry into the Union of consignments of casings without certifying the application of the risk-mitigating treatments provided for in point 2 of Annex XXVI to Delegated Regulation (EU) 2020/692. However, the current text of that point is not clear enough as regards the zone of origin of the casings when this possibility is applicable. To clarify that such a possibility applies only to the zones listed in Annex XIII to Implementing Regulation (EU) 2021/404, the code of the zone of origin of the casings should be included, as it appears in Annex XIII to Implementing Regulation (EU) 2021/404. It is therefore necessary to amend that model accordingly. |
(5) |
Furthermore, Chapters 28 (MODEL FISH-CRUST-HC) and 31 (MODEL MOL-HC) of Annex III to Implementing Regulation (EU) 2020/2235 set out model animal health/official certificates for the entry into the Union of consignments of live fish, live crustaceans, and products of animal origin from those animals intended for human consumption, and consignments of live bivalve molluscs, echinoderms, tunicates, marine gastropods and products of animal origin from those animals intended for human consumption. In order to improve the clarity of the notes in those models, it should be clearly specified that the consignments of products of animal origin from aquatic animals which require the completion of the animal health attestations set out in Part II.2 are those which have not been excluded from the scope of Delegated Regulation (EU) 2020/692, pursuant to Article 1, point (6), of that Regulation. Specifically, the consignments of products of animal origin from aquatic animals, other than live aquatic animals, entering the Union ready for direct human consumption, without undergoing further processing in the Union do not require the completion of the animal health attestations set out in Part II.2. Defining ‘further processing’ will also clarify the situation concerning such consignments. It is therefore necessary to amend those models accordingly. |
(6) |
Moreover, recent amendments introduced to Article 167, points (a) and (b), and Article 169(3), point (b), of Delegated Regulation (EU) 2020/692 by Commission Delegated Regulation (EU) 2021/1705 (9) should be reflected in the animal health attestations of Chapters 28 (MODEL FISH-CRUST-HC) and 31 (MODEL MOL-HC) of Annex III to Implementing Regulation (EU) 2020/2235. It is therefore necessary to amend those models accordingly. |
(7) |
In addition, it is necessary to clarify that the validity period of the model animal health/official certificates laid down in points II. 2.8. of Chapters 28 (MODEL FISH-CRUST-HC) and 31 (MODEL MOL-HC) of Annex III to Implementing Regulation (EU) 2020/2235 applies only to the consignments of live aquatic animals covered by these animal health/official certificates. It is therefore necessary to amend those models accordingly. |
(8) |
Furthermore, Chapters 33, 34 and 35 of Annex III to Implementing Regulation (EU) 2020/2235 set out model animal health/official certificates for the entry into the Union of raw milk intended for human consumption (MODEL MILK-RM); dairy products intended for human consumption derived from raw milk or that are not required to undergo a specific risk-mitigating treatment (MODEL MILK-RMP/NT); and dairy products intended for human consumption that are required to undergo a pasteurisation treatment (MODEL DAIRY-PRODUCTS-PT). However, those models do not reflect the alternatives to the residency period of the animals from which the milk was obtained in the third country, territory or zone thereof of origin of the milk or the dairy products, now laid down in Article 154 of Delegated Regulation (EU) 2020/692, as recently amended by Commission Delegated Regulation (EU) 2021/1705. It is therefore necessary to amend those models accordingly. |
(9) |
Chapter 45 of Annex III to Implementing Regulation (EU) 2020/2235 sets out the model official certificate for the entry into the Union of consignments of honey and other apiculture products intended for human consumption (MODEL HON). In order to ensure the authenticity of those consignments, the guarantees for such consignments should be improved by aligning them with certain rules laid down in Council Directive 2001/110/EC (10). It is therefore necessary to amend that model accordingly. |
(10) |
Chapters 50 and 52 of Annex III to Implementing Regulation (EU) 2020/2235 set out model animal health/official certificate for the entry into the Union of not shelf-stable composite products and shelf-stable composite products, containing any quantity of meat products except gelatine, collagen and highly refined products, and intended for human consumption (MODEL COMP), and the model animal health certificate for the transit through the Union to a third country, either by immediate transit, or after storage in the Union of not shelf-stable composite products and shelf-stable composite products containing any quantity of meat products and intended for human consumption (MODEL TRANSIT-COMP). Both of those models include a specific animal health attestation for dairy products contained in composite products. As regards the place of production, the animal health attestation does not reflect the possibility to certify that the dairy products contained in the composite products were produced in a Member State. Dairy products produced in a Member State comply with all the necessary animal health guarantees and that possibility should therefore be included in those models. In addition, the animal health attestation should be amended to clarify the different options provided to certify the species of origin of the milk from which the dairy products were produced. It is therefore necessary to amend those models accordingly. |
(11) |
In addition, Chapters 50 (MODEL COMP) and 52 (MODEL TRANSIT-COMP) of Annex III to Implementing Regulation (EU) 2020/2235 should be amended to provide the possibility for third countries or territories, or zones thereof to certify different origins of processed products contained in the composite products, if such products comply with the relevant public health and animal health requirements. It is therefore necessary to amend those models accordingly. |
(12) |
Annex III to Implementing Regulation (EU) 2020/2235 should be therefore amended accordingly. |
(13) |
In order to avoid any disruption to trade as regards the entry into the Union of consignments of certain live aquatic animals and products of animal origin, the use of certificates issued in accordance with Implementing Regulation (EU) 2020/2235, as applicable prior to the amendments made by this Implementing Regulation, should continue to be authorised during a transitional period subject to certain conditions. |
(14) |
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
Annex III to Implementing Regulation (EU) 2020/2235 is amended in accordance with the Annex to this Regulation.
Article 2
For a transitional period until 15 September 2022, consignments of certain live aquatic animals and products of animal origin, accompanied by the appropriate animal health/official certificates, official certificates, or animal health certificates issued in accordance with the models set out in Chapters 1, 2, 24 to 28, 31, 33 to 35, 41 to 45, 50 and 52 of Annex III to Implementing Regulation (EU) 2020/2235, as applicable before the amendments made to that Implementing Regulation by this Implementing Regulation, shall continue to be authorised for entry into the Union provided that the certificate was issued no later than 15 June 2022.
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, 11 January 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 139, 30.4.2004, p. 55.
(4) Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1).
(5) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1).
(6) Commission Regulation (EU) 2021/1176 of 16 July 2021 amending Annexes III, V, VII and IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards genotyping of positive TSE cases in goats, the determination of age in ovine and caprine animals, the measures applicable in a herd or flock with atypical scrapie and the conditions for imports of products of bovine, ovine and caprine origin (OJ L 256, 19.7.2021, p. 56).
(7) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).
(8) Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and the Council (OJ L 114, 31.3.2021, p. 1).
(9) Commission Delegated Regulation (EU) 2021/1705 of 14 July 2021 amending Delegated Regulation (EU) 2020/692 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 339, 24.9.2021, p. 40).
(10) Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).
ANNEX
Annex III to Implementing Regulation (EU) 2020/2235 is amended as follows:
(1) |
In Chapter 1, point II.1.10 of the public health attestation is replaced by the following:
(A) Commission Decision 2007/453/EC of 29 June 2007 establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (OJ L 172, 30.6.2007, p. 84)" (B) Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1)." (C) https://www.oie.int/en/standard-setting/terrestrial-code/access-online/’;" |
(2) |
In Chapter 2, point II.1.10 of the public health attestation is replaced by the following:
(D) Commission Decision 2007/453/EC of 29 June 2007 establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (OJ L 172, 30.6.2007, p. 84)" (E) https://www.oie.int/en/standard-setting/terrestrial-code/access-online/’;" |
(3) |
Chapter 24 is amended as follows:
|
(4) |
Chapter 25 is amended as follows:
|
(5) |
Chapter 26 is amended as follows:
|
(6) |
Chapter 27 is amended as follows:
|
(7) |
Chapter 28 is amended as follows:
|
(8) |
Chapter 31 is amended as follows:
|
(9) |
in Chapter 33, point. II.2.2. of the animal health attestation is replaced by the following:
|
(10) |
in Chapter 34, point. II.2.3. of the animal health attestation is replaced by the following:
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(11) |
in Chapter 35, point II.2.3. of the animal health attestation is replaced by the following:
|
(12) |
in Chapter 41, point II.1.6. of the public health attestation is replaced by the following:
(U) Commission Decision 2007/453/EC of 29 June 2007 establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (OJ L 172, 30.6.2007, p. 84)." (V) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1)." (W) https://www.oie.int/en/standard-setting/terrestrial-code/access-online/’;" |
(13) |
in Chapter 42, point II.1.6. of the public health attestation is replaced by the following:
(X) Commission Decision 2007/453/EC of 29 June 2007 establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (OJ L 172, 30.6.2007, p. 84)." (Y) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1)." (Z) https://www.oie.int/en/standard-setting/terrestrial-code/access-online/’;" |
(14) |
in Chapter 43, point II.1.4. of the public health attestation is replaced by the following:
(AA) Commission Decision 2007/453/EC of 29 June 2007 establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (OJ L 172, 30.6.2007, p. 84)." (BB) https://www.oie.int/en/standard-setting/terrestrial-code/access-online/’;" |
(15) |
in Chapter 44, point II.1.7. of the public health attestation is replaced by the following:
(CC) Commission Decision 2007/453/EC of 29 June 2007 establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (OJ L 172, 30.6.2007, p. 84)." (DD) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1)." (EE) https://www.oie.int/en/standard-setting/terrestrial-code/access-online’;" |
(16) |
Chapter 45 is replaced by the following: ‘
|