(fra kommisjonsforordningen)

(1) Regulation (EU) 2017/625 lays down rules for the performance of official controls and other official activities by the competent authorities of the Member States for the verification of compliance with Union legislation in the area of, amongst others, food and food safety referred to in Article 1(2), point (a), thereof. Article 126 of that Regulation empowers the Commission to adopt delegated acts establishing conditions for the entry into the Union of animals and goods, and it provides that those conditions are to identify the animals and goods by referring to their codes from the Combined Nomenclature. 

(2) Commission Delegated Regulation (EU) 2022/22922 supplements Regulation (EU) 2017/625 as regards the requirements for the entry into the Union of consignments of food-producing animals and certain goods intended for human consumption in order to ensure that they comply with the applicable requirements established by the rules referred to in Article 1(2), point (a), of Regulation (EU) 2017/625 or with requirements recognised to be at least equivalent thereto. 

(3) Strict hygiene requirements for products of animal origin are laid down in Union legislation. In addition, Article 6(1), point (a), of Regulation (EC) No 853/2004 of the European Parliament and of the Council requires food business operators importing products of animal origin from third countries to ensure that importation takes place only if the third country appears on a list of third countries from which imports of those products are permitted. Article 3, point (b), of Delegated Regulation (EU) 2022/2292 specifies the Combined Nomenclature codes or Harmonised System headings (CN/HS codes) of products of animal origin which are allowed to enter the Union only from a third country or region thereof included in a list for those products of animal origin. To ensure compliance with the relevant requirements established by Union legislation and to ensure consistency between Article 6(1), point (a), of Regulation (EC) No 853/2004 and Article 3, point (b), of Delegated Regulation (EU) 2022/2292, the CN/HS codes of some products of animal origin, which have not been included in Article 3, point (b), of that Delegated Regulation, namely those concerning food preparations based on dairy products and fishery products, should be included in that provision. 

(4) Article 5(1) of Delegated Regulation (EU) 2022/2292 identifies the animals and products of animal origin for which additional requirements for the entry into the Union as regards pharmacologically active substances and residues thereof, contaminants and pesticides residues are applicable, in accordance with Articles 6 to 12 of that Delegated Regulation. The requirements laid down in Council Directive 96/22/EC, Commission Regulation (EU) No 37/20105 and Regulation (EC) No 396/2005 of the European Parliament and of the Council6, referred to in Articles 9 to 12 of Delegated Regulation (EU) 2022/2292, apply to dairy products and fishery products, including those whose CN/HS codes have not been included in Article 5(1) of Delegated Regulation (EU) 2022/2292. Therefore, the CN/HS codes of these products should be included in Article 5(1) of that Delegated Regulation. 

(5) Article 5 of Delegated Regulation (EU) 2022/2292 identifies the animals and products of animal origin for which additional requirements for the entry into the Union as regards pharmacologically active substances and residues thereof, contaminants and pesticide residues are applicable. Live, chilled, frozen and processed bivalve molluscs, echinoderms, tunicates and marine gastropods are included in Part Two, Chapter 3, of Annex I to Council Regulation (EEC) No 2658/87. However, the production and harvesting of bivalve molluscs, echinoderms, tunicates and marine gastropods usually takes place in the natural environment. In the case of aquaculture production, contrary to other species, feed or other substances are not provided, except where this production takes place in premises on land. For this reason, a control plan for pharmacologically active substances and residues thereof, contaminants and pesticides residues is justified only for on-land production. Article 5(2) of Delegated Regulation (EU) 2022/2292 contains a list of products of animal origin which are excluded from the additional requirements for the entry into the Union as regards pharmacologically active substances and residues thereof, contaminants and pesticide residues. Therefore, live, chilled, frozen and processed bivalve molluscs, echinoderms, tunicates and marine gastropods, except when the production takes place in premises on land, should be added to that list. 

(6) Section VIII of Annex III to Regulation (EC) No 853/2004 lays down specific hygiene requirements for fishery products. Section IX of Annex III to Regulation (EC) No 853/2004 lays down specific hygiene requirements for dairy products. In addition, Article 6(1), point (b)(i), of Regulation (EC) No 853/2004 requires food business operators importing products of animal origin from third countries to ensure that importation takes place only if the establishment from which the products were dispatched, and in which they were obtained or prepared, appears on a list of establishments from which imports of those products are permitted, when applicable. Article 13(1), point (a), of Delegated Regulation (EU) 2022/2292 provides that consignments of products of animal origin, for which requirements are laid down in Annex III to Regulation (EC) No 853/2004, and whose CN/HS codes are listed in that Article, are allowed to enter the Union only where they are dispatched from, and obtained or prepared in, establishments that appear on lists drawn up and kept up-todate in accordance with Article 127(3), points (e)(ii) and (iii), of Regulation (EU) 2017/625. To ensure compliance with the specific requirements laid down in Sections VIII and IX of Annex III to Regulation (EC) No 853/2004 and for reasons of consistency, the CN/HS codes concerning food preparations based on dairy products and fishery products, which are not yet included in Article 13(1), point (a), of Delegated Regulation (EU) 2022/2292, should be included in that provision. 

(7) Article 18 of Delegated Regulation (EU) 2022/2292 provides that consignments of fishery products, whose CN/HS codes are listed in that Article, are allowed to enter the Union only where they have been obtained or prepared, at any stage of their production, in an on-land establishment, a factory or freezer vessel or stored in a coldstore or a reefer vessel that appears on a list drawn up and updated in accordance with Article 127(3), point (e), of Regulation (EU) 2017/625 and published by the Commission. To ensure compliance with the specific requirements laid down in Section VIII of Annex III to Regulation (EC) No 853/2004 and for reasons of consistency, the CN/HS codes concerning food preparations based on fishery products, which are not yet included in Article 18 of Delegated Regulation (EU) 2022/2292, should be included in that provision. 

(8) Article 6(1), point (d), of Regulation (EC) No 853/2004 requires food business operators importing products of animal origin from third countries to ensure that importation takes place only if those products are accompanied by certificates and documents, when applicable. Article 21(1), point (b)(ii), of Delegated Regulation (EU) 2022/2292 specifies the CN/HS codes of the products of animal origin which are allowed to enter the Union only where those products are accompanied by an official certificate. To ensure compliance with the specific requirements laid down in Sections VIII and IX of Annex III to Regulation (EC) No 853/2004 and for reasons of consistency, the CN/HS codes concerning food preparations based on dairy products and fishery products, which are not yet included in Article 21(1), point (b)(ii), of Delegated Regulation (EU) 2022/2292, should be included in that provision,