BAKGRUNN (fra kommisjonsforordningen)

(1)    Commission Implementing Regulation (EU) 2020/2235  lays down rules regarding animal health certificates provided for in Regulation (EU) 2016/429, official certificates and attestations provided for in Regulation (EU) 2017/625, and animal health/official certificates based on both those Regulations, required, among others, for the entry into the Union of certain consignments of animals and goods.

(2)    Chapter 28 (model FISH-CRUST-HC) of Annex III to Implementing Regulation (EU) 2020/2235 sets out the model animal health/official certificate for the entry into the Union of live fish, live crustaceans and products of animal origin from those animals intended for human consumption. Commission Implementing Regulation (EU) 2023/2744  replaced that Chapter. In points II.2.6.2(i) and (iii) of the replaced Chapter 28, Implementing Regulation (EU) 2023/2744 contained two excess notes. In the interest of clarity, those notes should be deleted.
 

(3)    Chapter 29 (model EU-FISH) of Annex III to Implementing Regulation (EU) 2020/2235 sets out the model official certificate for the entry into the Union of fishery products intended for human consumption caught by vessels flying the flag of a Member State and transferred in third countries with or without storage. Implementing Regulation (EU) 2023/2744 deleted Part II of that Chapter erroneously. Part II of that Chapter should therefore be restored, and, for the sake of clarity, the order of the points be modified.
 

(4)    Council Directive 96/23/EC  was repealed and its provisions regarding entry into the Union laid down in Article 29 of that Directive were incorporated in Commission Delegated Regulation (EU) 2022/2292 . Moreover, Commission Decision 2011/163/EU  was repealed and its provisions were incorporated in Commission Implementing Regulation (EU) 2021/405 . It is therefore necessary to adapt the references to that Directive and that Decision in Chapter 29, Part II, of Annex III to Implementing Regulation (EU) 2020/2235 accordingly in the text to be restored.
 

(5)    As fishery products from wild catch are excluded from the application of the requirements laid down in Articles 6 to 12 of Delegated Regulation (EU) 2022/2292, a separate certification option should be introduced for those products in Chapter 29, Part II, of Annex III to Implementing Regulation (EU) 2020/2235. In relation to contaminants, that certification option should refer to compliance with Commission Regulation (EU) 2023/915 , and, in relation to pesticide residues, to compliance with Regulation (EC) No 396/2005 of the European Parliament and of the Council .
 

(6)    Implementing Regulation (EU) 2020/2235 should therefore be amended and corrected accordingly.

(7)    As the amendments made to Implementing Regulation (EU) 2020/2235 by Implementing Regulation (EU) 2023/2744 entered into force on 4 January 2024, in the interest of legal certainty and to facilitate trade, the amendments and corrections made to Implementing Regulation (EU) 2020/2235 by this Regulation should take effect as a matter of urgency. The urgent entry into force of the amendments and corrections is without prejudice to the fact that, in accordance with Article 2 of Implementing Regulation (EU) 2023/2744, until 15 September 2024, consignments of live fish, live crustaceans and products of animal origin from those animals and certain fishery products accompanied by the appropriate animal health/official certificate or official certificate issued in accordance with the models set out in Chapters 28 and 29 of Annex III to Implementing Regulation (EU) 2020/2235, as applicable before the amendments made to that Implementing Regulation by Implementing Regulation (EU) 2023/2744, continue to be authorised for the entry into the Union provided that the certificate was issued no later than 15 June 2024.

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