LegalizeCommission Delegated Regulation (EU) 2021/630 of 16 February 2021 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of goods exempted from official controls at border control posts and amending Commission Decision 2007/275/EC (Text with EEA relevance)
Article 1
Subject matter
This Regulation establishes rules concerning:
(1) the cases where and the conditions under which composite products are exempted from official controls at border control posts and when such exemption is justified;
(2) the performance of specific official controls on composite products exempted from official controls at border control posts.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) ‘composite product’ means composite product as defined in point (14) of Article 2 of Delegated Regulation (EU) 2019/625;
(2) ‘shelf-stable composite products’ means products that do not need to be transported or stored under controlled temperatures.
Article 3
Composite products exempted from official controls at border control posts
The following shelf-stable composite products shall be exempted from official controls at border control posts:
(a) shelf-stable composite products that do not contain colostrum-based products or processed meat other than gelatine, collagen or highly refined products referred to in Section XVI of Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council (1), provided they meet the following requirements: (i) they comply with the requirements for entry into the Union laid down in Article 20(2) and (3) of Commission Delegated Regulation (EU) 2022/2292 (2); (ii) any dairy and egg products contained in the shelf-stable composite products comply with Article 163(1) of Delegated Regulation (EU) 2020/692; (iii) they are identified as intended for human consumption; (iv) they are securely packaged or sealed; and (v) they are listed in the Annex to this Regulation;
(b) shelf-stable composite products where all the animal products present in the final composite product fall within the scope of Regulation (EC) No 1332/2008 of the European Parliament and of the Council (3), Regulation (EC) No 1333/2008 of the European Parliament and of the Council (4) or Regulation (EC) No 1334/2008 of the European Parliament and of the Council (5), or that animal part is vitamin D3 only.
Article 4
Official controls on composite products exempted from official controls at border control posts
The official controls referred to in paragraph 1 shall be performed at any of the following places within the customs territory of the Union:
(a) the place of destination;
(b) the point of release for free circulation in the Union;
(c) the warehouses or the premises of the operator responsible for the consignment.
Article 5
Amendments to Decision 2007/275/EC
Decision 2007/275/EC is amended as follows:
(1) Article 6 is deleted;
(2) Annex II is deleted.
Article 6
Entry into force and date of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 21 April 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
This list sets out composite products, in accordance with the Combined Nomenclature (CN) in use in the Union, that do not need to be submitted for official controls at border control posts.
Notes relating to the table:
Column (1) – CN code
This column indicates the CN code. The CN, established by Council Regulation (EEC) No 2658/87 (6), is based on the Harmonized Commodity Description and Coding System (‘Harmonized System (HS)’) drawn up by the Customs Cooperation Council, now the World Customs Organisation, and approved by Council Decision 87/369/EEC (7). The CN reproduces the headings and subheadings of the HS to six digits. The seventh and eighth digits identify further CN subheadings.
Where a four-, six- or eight-digit code not marked with ‘ex’ is used, and unless otherwise specified, all composite products prefixed with or covered by these four, six or eight digits are not required to be submitted for official controls at border control posts.
Where only certain specified composite products under any four-, six- or eight-digit code contain animal products and no specific subdivision under this code exists in the CN, the code is marked ‘ex’. For example, with respect to ‘ ex 2001 90 65 ’, checks at border control posts are not required for the products outlined in column (2).
Column (2) – Explanations
This column gives details of the composite products covered by the exemption from official controls at border control posts.
| CN codes | Explanations |
|---|---|
| (1) | (2) |
| 1704 , ex 1806 | Confectionery (including sweets) and white chocolate, not containing cocoa, and confectionery (including sweets), chocolate and other food preparations, spreads, and preparations for making beverages, containing cocoa, that meet the requirements of Article 3(1), point (a). |
| ex 1902 19 , ex 1902 30 , ex 1902 40 | Pasta, noodles and couscous that meet the requirements of Article 3(1), point (a). |
| ex 1904 10 , ex 1904 20 , ex 1904 90 | Prepared foods obtained by the swelling or roasting of cereals or cereal products, prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals that meet the requirements of Article 3(1), point (a), (e.g. breakfast cereals, mueslis, granolas, popcorn, corn sticks and puffs). Prepared foods obtained from rice and other cereals that meet the requirements of Article 3(1), point (a). |
| ex 1905 10 , ex 1905 20 , ex 1905 31 , ex 1905 32 , ex 1905 40 , ex 1905 90 | Breads, cakes, prepared pastries, biscuits (including crackers), waffles and wafers, rusks, toasted bread and similar toasted products, and chips and crisps that meet the requirements of Article 3(1), point (a). |
| ex 2001 , ex 2004 , ex 2005 , ex 2008 19 , ex 2008 99 , ex 1604 | Olives stuffed with fish, potato chips and crisps suitable for immediate consumption, and prepared or preserved vegetables, fruits, nuts and other edible parts of plants containing honey as the only ingredient of animal origin that meet the requirements of Article 3(1), point (a). |
| 2101 | Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté thereof that meet the requirements of Article 3(1), point (a). Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof that meet the requirements of Article 3(1), point (a). |
| ex 2103 | Miso containing a small amount of fish soup stock and soy sauce containing a small amount of fish soup stock, sauces containing oyster or fish extracts, and sauces and preparations therefor, condiments and seasonings containing honey as the only ingredient of animal origin that meet the requirements of Article 3(1), point (a). |
| ex 2104 | Soup stocks and flavourings packaged for the final consumer that meet the requirements of Article 3(1), point (a). |
| ex 2106 | Food supplements packaged for the final consumer, and sweets, gums and the like containing synthetic sweetening agents instead of sugar, containing processed animal products (including glucosamine, chondroitin or chitosan) that meet the requirements of Article 3(1), point (a). |
| ex 2208 70 | Liqueurs and cordials that meet the requirements of Article 3(1), point (a). |
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