Foodlaw-Reading

Dr David Jukes, The University of Reading, UK

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Food Law News - EU - 2022

Commission consuiltation, 7 Apri 2022

OFFICIAL CONTROLS - Commission consultation: Food safety – border checks (for products of animal origin, composite products, and their CN codes)

Commission consultation: Draft COMMISSION IMPLEMENTING REGULATION (EU) amending Implementing Regulation (EU) 2021/632 as regards the lists of products of animal origin, animal by-products and composite products subject to official controls at border control posts.

A copy of this draft regulation is available on this site (click on image). A lengthy Annex is also available - see: Draft Annex.

The consultation can be see on the Commission pages at: Food Safety - Border Checks. The consultation closes on the 5th May 2022. The following are the recitals from the draft regulation:

(1) Commission Implementing Regulation (EU) 2021/632 [see Note 1 below] establishes lists of animals, products of animal origin, germinal products, animal by-products and derived products, composite products, and hay and straw to be presented for official controls at border control posts, with the indication of their respective Combined Nomenclature codes (‘CN codes’) provided for in Council Regulation (EEC) No 2658/87 [see Note 2 below].

(2) Articles 3, 5 and 12 of Commission Delegated Regulation (EU) 2019/625 [see Note 3 below] provide for import requirements for consignments of goods referred to by certain CN codes and Harmonised System codes (‘HS codes’) in Part Two of Annex I to Regulation (EEC) No 2658/87. Those provisions have been amended by Commission Delegated Regulation (EU) ..../… [see Note 4 below]. Delegated Regulation (EU) … clarifies the applicable codes by adding missing codes and removing codes which are no longer relevant. It is therefore appropriate to add the headings and CN codes 0901, 1902 19, 1904 10 30, 1904 10 90, 1904 20, 1904 90 80, 2008 99, 2906, 2936 and 3002 49 00 in the lists in the Annex to Implementing Regulation (EU) 2021/632 in order to avoid any ambiguity as regards which consignments of goods are subject to official controls at border control posts.

(3) Certain non-raw beeswaxes under CN code Ex 1521 90 99 that are not used in, or are not intended for, feed production, fertilisers, apiaries, cosmetics or pharmaceuticals, do not pose any risks to animal or human health. Therefore, those non-raw beeswaxes should not be subject to checks at border control posts as from the date of application of Commission Regulation (EU) … [see Note 5 below].

(4) Non-raw beeswaxes used in, or intended for, feed production, fertilisers, apiaries, cosmetics or pharmaceuticals do pose risks to animal or human health. Therefore, such beeswaxes should continue to be checked at border control posts.

(5) Commission Implementing Regulation (EU) 2021/1832 [see Note 6 below] introduced modifications in CN codes and descriptions of goods. Implementing Regulation (EU) 2021/632 should reflect those modifications.

(6) Implementing Regulation (EU) 2021/632 should therefore be amended accordingly.

(7) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed.

Notes:

  1. 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 Commission Implementing Regulation (EU) 2019/2007 and Commission Decision 2007/275/EC (OJ L 132, 19.4.2021, p. 24).
  2. 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).
  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) ..../… of … amending Delegated Regulation (EU) 2019/625 as regards Combined Nomenclature and Harmonised System codes and import conditions of certain composite products, amending Delegated Regulation (EU) 2019/2122 as regards certain goods and pet birds exempted from official controls at border control posts and amending Delegated Regulation (EU) 2021/630 as regards requirements for composite products exempted from official controls at border control posts [C/2019/11] (OJ L …, …, p. …).
  5. Commission Regulation (EU) …/… of … amending Regulation (EU) No 142/2011 as regards imports of certain beeswax products, introduction of a new alternative processing method and adaptation of the list of third countries from which the entry into the Union of animal by-products and derived products is permitted and conditions for imports of certain derived products [SANTE/7044/2021] (OJ L …, …, p. …).
  6. Commission Implementing Regulation (EU) 2021/1832 of 12 October 2021 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 385, 29.10.2021, p. 1).

 

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