Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission consultation, 15 February 2023
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Commission consultation: Draft COMMISSION DELEGATED REGULATION (EU) amending Delegated Regulation (EU) 2021/630 as regards the inclusion of certain spreads and preparations for making beverages containing cocoa, .... in the list of composite products exempted from official controls at border control posts and amending Annexes I and III to Delegated Regulation (EU) 2019/2122 A copy of this document is available on this site (click on image). An additional Draft Annex is available - see: Draft Annex to Regulation. |
The consultation is open until 15 March 2023. For more details, see the consultation page: Food safety – composite products from cereals exempt from checks at EU borders. The following is taken from the Explanatory Memorandum.
CONTEXT OF THE DELEGATED ACT
Regulation (EU) 2017/625 of the European Parliament and of the Council on Official Controls (OCR) establishes the framework for official controls and other official activities to verify the correct application of Union agri-food chain legislation. This includes official controls performed on animals and goods entering the Union from third countries.
Article 48, points (d) and (h), of the OCR provides that certain categories of animals and goods referred to in Article 47(1) of the OCR coming from third countries may be exempted from official controls at border control posts.
Commission Delegated Regulation (EU) 2022/2292 laying down requirements for consignments of composite products repealed Commission Delegated Regulation (EU) 2019/625 from 15 December 2022. In order to ensure legal certainty, it is necessary to refer in Delegated Regulation (EU) 2021/630 to Article 20(2) and (3) of Delegated Regulation (EU) 2022/2292, laying down requirements for composite products entering the Union from third countries or regions thereof.
Commission Delegated Regulation (EU) 2021/630 exempts certain composite products from official controls at border control posts. The purpose of this Regulation is to extend the list of these low risk, helf-stable, composite products that are exempted from official controls at border control posts in Delegated Regulation (EU) 2021/630 by including spreads and preparations for making beverages containing cocoa, products obtained from cereals, cereal products, prepared pastries, chips and crisps, prepared rice products, and miso and soy sauce containing a small amount of fish soup stock. These composite products should be controlled by the competent authorities at the place of destination, at the point of release for free circulation in the Union, or at the warehouses or the premises of the operator responsible for the consignment.
Commission Delegated Regulation (EU) 2019/2122 lays down cases and conditions under which certain goods which form part of passenger’s personal luggage are exempted from official controls at border control posts. Since consignments of shelf-stable composite product such as, breads, cakes, prepared pastries, biscuits (including crackers), waffles and wafers, rusks, toasted bread and similar toasted products, chips and crisps, pasta, noodles and couscous, miso and soy sauce containing a small amount of fish soup stock, soup stocks and flavourings, food supplements are exempted from official controls at border control posts in accordance with Delegated Regulation (EU) 2021/630, these shelf-stable composite products posing low risk to animal and human health not containing meat should also be exempted from official controls at border control posts when they form part of passengers’ personal luggage.
In all points of entry into the Union, the competent authority must display information on animal products, including composite products exempted from official controls, by means of the posters in accordance with Annex III to Delegated Regulation (EU) 2019/2122. Since the Annex of Delegated Regulation (EU) 2021/630 is amended to include new composite products exempted from official controls at border control posts, point 7 of Annex III to Delegated Regulation (EU) 2019/2122 should also be amended accordingly.
