BAKGRUNN (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, in particular to ensure that consignments of animals and goods from third countries or regions thereof intended for human consumption entering the Union comply with the relevant requirements established by the rules referred to in Article 1(2) thereof, with the exception of points (d), (e), (g) and (h) of that Article, or with requirements recognised to be at least equivalent.

(2) Commission Delegated Regulation (EU) 2022/22929 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.

(3) Article 2 of Delegated Regulation (EU) 2022/2292, should be clear about which honey and apiculture products fall within the scope of the requirements on honey and apiculture products laid down in that Delegated Regulation. It is therefore necessary to refer to the definition of these products in Council Directive 2001/110/EC.

(4) For fishery products from wild catch, evidence of compliance with the additional requirements laid down in Article 4 of Delegated Regulation (EU) 2022/2292 provide sufficient guarantees of compliance with Union legislation on food and feed safety. For fishery products from wild catch, the contamination from the environment is the main food safety hazard. Compliance with the requirements laid down in Article 4 of Delegated Regulation (EU) 2022/2292 provide guarantees as regards compliance with EU requirements related to contamination from the environment, in particular with the requirements laid down in Commission Regulation (EU) 2023/915. Furthermore, official controls of fishery products from wild catch have to be performed by third countries as regards residues and contaminants in accordance with Article 70 of Commission Implementing Regulation (EU) 2019/627. It is therefore appropriate to exempt fishery products from wild catch from the additional requirements laid down in Articles 6 to 12 of Delegated Regulation (EU) 2022/2292.

(5) The results of a recent Union coordinated action have shown that a significant percentage of adulterated honey or other adulterated apiculture products imported into the Union is present on the Union market.

(6) In order to ensure that honey and other apicultural products intended for human consumption from third countries intended to be placed on the Union market comply with the rules on food, food safety, integrity and wholesomeness at all stages of production, processing and distribution of food, including rules aimed at ensuring fair practices in trade and protecting consumer interests and information referred to in Article 1(2), point (a), of Regulation (EU) 2017/625, it is necessary to intensify official controls on such products.

(7) Article 65(4) of Regulation (EU) 2017/625 requires the competent authorities of the Member States to intensify official controls on consignments where they have reason to suspect fraudulent or deceptive practices. Article 65(5) of that Regulation requires these competent authorities to notify the Commission and the other Member States of their decision to intensify these official controls. Commission Implementing Regulation (EU) 2019/1873 lays down rules on procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on certain products entering the Union for placing on the market, in order to ensure a harmonised approach to the coordinated performance of such intensified official controls. Article 3(1) of that Implementing Regulation requires that, when notifying the Commission and the other Members States of their decision to intensify official controls, the competent authorities are to indicate the establishment of origin, which is to appear on a list drawn up in accordance with Article 127(3), points (e)(ii) and (iii), of Regulation (EU) 2017/625. There is no such list of third countries’ establishments producing honey or other apicultural products intended for human consumption. It is therefore necessary to establish such list.

(8) In accordance with Article 15 of Delegated Regulation (EU) 2022/2292, consignments of fresh meat, minced meat, meat preparations, mechanically separated meat, certain meat products, gelatine and collagen are only to enter the Union if they have been manufactured from raw materials obtained in slaughterhouses, game-handling establishments, cutting plants and establishments handling fishery products in third countries approved and listed in accordance with Article 13 of Delegated Regulation (EU) 2022/2292. Such products of animal origin should also be allowed for entry into the Union if derived from raw materials obtained in Member States since such raw materials also comply with the requirements laid down in Union legislation. Therefore, Article 15 of Delegated Regulation (EU) 2022/2292 should be amended accordingly.

(9) In accordance with Article 21 of Delegated Regulation (EU) 2022/2292, consignments of certain products intended for human consumption are only allowed to enter the Union if accompanied by an official certificate. It should be clarified that this requirement also applies to food producing animals. In addition, Article 21(1) of that Delegated Regulation provides that consignments of certain products are authorised to enter the Union only where they are accompanied by an official certificate except in the case of consignments for which the Union is not the final destination. However, animals and goods intended for human consumption only for transit through the Union are excluded from the scope of Delegated Regulation (EU) 2022/2292. Article 21(1) of Delegated Regulation (EU) 2022/2292 should be amended by deleting the reference to the Union not being the final destination, to be consistent with the scope of that Delegated Regulation.

(10) The requirements on composite products laid down in Articles 21 and 22 of Delegated Regulation (EU) 2022/2292 refer to processed meat. Since ‘processed meat’ is not defined in Union legislation and in order to be consistent with other requirements related to composite products laid down in that Delegated Regulation, it is appropriate to replace the words ‘processed meat’ by ‘meat products’ in Articles 21 and 22 of Delegated Regulation (EU) 2022/2292.

(11) Article 21(1), point (f), of Delegated Regulation (EU) 2022/2292 establishes a derogation from the official certification requirements for shelf-stable composite products containing gelatine and collagen. Article 21(1), point (f), of that Delegated Regulation should be amended to clarify that that derogation does not apply when the gelatine and collagen is derived from ruminant bones since official certification of such gelatine and collagen is required in accordance with Article 16 of, and Chapter C of Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council.

(12) Article 21(3) of Delegated Regulation (EU) 2022/2292 also establishes a derogation for gelatine capsules from the official certification requirements in the case where gelatine capsules are not derived from ruminant bones. It should be clarified that that derogation applies not only to the entry into the Union of empty capsules but also to gelatine capsules filled with products of animal origin, without prejudice to the certification requirements that apply to the products of animal origin contained in such filled gelatine capsules, or when entering the Union as composite products. Therefore, Article 21 of Delegated Regulation (EU) 2022/2292 should be amended accordingly.

(13) Shelf-stable composite products where the only animal products present in the final composite product are vitamin D3, food additives, food enzymes or food flavourings represent a negligible risk for human and animal health. For that reason, these composite products, are exempted from official controls at border control posts under Article 3(1) of Delegated Regulation (EU) 2021/630 and from the requirements laid down in Article 20(2) and (3) of Delegated Regulation (EU) 2022/2292. Shelf-stable composite products exempted from official controls at border control posts are considered of low risk to human and animal health and are subject to private attestation requirement. Since shelf-stable composite products where the only animal products present in the final composite product are vitamin D3, food additives, food enzymes or food flavourings are considered of negligible risk for human and animal health, these composite products should be exempted from the requirement to be accompanied by a private attestation at the time of their placing on the market. Therefore, Article 3(2) of Delegated Regulation (EU) 2021/630 and Article 22(2) of Delegated Regulation 2022/2292 should be amended accordingly.

(14) The rules on shelf-stable composite products exempted from official controls at border control posts and on official controls to be performed on such composite products are substantively linked and are intended to be applied in tandem. Since the amendments to Article 3(2) of Delegated Regulation (EU) 2021/630 and Article 22(2) to Delegated Regulation (EU) 2022/2292 are linked to each other insofar as they concern the exemption from the requirement for shelf-stable composite products where the only animal product present in the final composite product are food improvement agents, namely vitamin D3, food additives, food enzymes or food flavourings to be accompanied by a private attestation at the time of their placing on the market, in the interests of simplicity and transparency, to facilitate the application of the rules and avoid their multiplication in different acts, and because both amendments should take effect on the same date to avoid legal uncertainty, they should be laid down in a single act.

(15) In accordance with Article 14, points (d) and (e), of Delegated Regulation (EU) 2022/2292, establishments producing highly refined products of animal origin or gelatine capsules are not required to appear on the lists referred to in Article 13 of that Delegated Regulation. Since Article 14 creates ambiguity as regards the requirements for the entry into the Union of these products and for reasons of consistency with Article 13 of that Delegated Regulation, gelatine capsules and highly refined products identified by CN codes and HS headings not referred to in Article 13 of Delegated Regulation (EU) 2022/2292, should not be referred to in Article 14 of that Delegated Regulation. Article 14, points (d) and (e), of that Delegated Regulation should therefore be corrected.

(16) In Article 21, errors occurred in the list of the Harmonised System subheadings for sprouts and seeds intended for the production of sprouts, laid down in Part Two of Annex I to Council Regulation (EEC) No 2658/87. These errors are substantial as they identify the sprouts and the seeds intended for sprouts to which the conditions for entry into the Union apply. These subheadings in Article 21, point 1(c), of Delegated Regulation (EU) 2022/2292, should therefore be corrected.

(17) An error was made in the number of Commission Delegated Regulation (EU) 2022/164417 referred to in Annex I, Part II, Section C, point (2)(a). For the sake of legal certainty, it is appropriate to correct it.

(18) Sufficient time should be given to third countries to comply with the new requirement on the listing of establishments authorised to export honey and other apiculture products intended for human consumption to the Union concerned by the amendments being made to Article 13 of Delegated Regulation (EU) 2022/2292 by this Regulation. A transitional period should therefore be provided for this requirement.

(19) Delegated Regulations (EU) 2022/2292 and (EU) 2021/630 should be amended and corrected accordingly,