BAKGRUNN (fra kommisjonsforordningen)

(1)    In accordance with Article 7(1), point (d), of Implementing Regulation (EU) 2022/1646, Member States are to provide in their national risk-based control plans and in their national randomised surveillance plan the type of follow-up measures taken by the competent authorities with regard to animals or products of animal origin in which non-compliant residues have been detected in the previous years. As this information is also part of the data transmitted to the European Food Safety Authority (‘EFSA’) and to avoid double reporting, this information should be included only in the data transmitted to EFSA. 
 

(2)    Article 7(2), first subparagraph, point (b), of Implementing Regulation (EU) 2022/1646 requires the national risk-based control plans to include an overview of non-compliance data provided by EFSA. Since Member States can retrieve those data themselves, it is no longer needed to refer to EFSA as a provider of that overview. 
 

(3)    In accordance with Article 8, first paragraph, of Implementing Regulation (EU) 2022/1646, Member States are to submit their control plans and their surveillance plan to the Commission. To clarify that also the surveillance plan is to be submitted, the heading of Article 8 of Implementing Regulation (EU) 2022/1646 should be amended.
 

(4)    In accordance with Article 9, first paragraph, of Implementing Regulation (EU) 2022/1646, Member States are to transmit to EFSA all data gathered under their control plans and their surveillance plan to the Commission. This obligation should be reflected more explicitly in the wording of that provision. 
 

(5)    In the framework of the national risk-based control plan for production in the Member States, Member States are to fulfil the provisions of Implementing Regulation (EU) 2022/1646 as regards the mandatory percentage of samples for substance group A(3), point (b) set out in Annex I to Commission Delegated Regulation (EU) 2022/1644 . This group covers unauthorised pharmacologically active substances for the veterinary treatment or for use in feed for food-producing animals, which are plant protection products and biocides, and which may be used in animal husbandry of food-producing animals. Since Member States may include the official controls of these substances under the regulatory framework of multiannual national control programmes on pesticide residues in food and feed, set out in Commission Delegated Regulation (EU) 2021/2244 , the requirement of a minimum sampling frequency of 5 % laid down in the additional provisions in Annex I to Implementing Regulation (EU) 2022/1646 should not apply to substance group A(3), point (b).  
 

(6)    Implementing Regulation (EU) 2022/1646 should therefore be amended accordingly.
 

(7)    As the rules laid down in Implementing Regulation (EU) 2022/1646 are related, both for the national risk-based control plans and for the national randomised surveillance plan, to the relevant calendar year, this Regulation should apply for the first time to the plans for the year 2025. This Regulation should therefore apply from 1 January 2025. 
 

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