LegalizeCommission Implementing Regulation (EU) 2021/632 of 13 April 2021 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products, composite products, and hay and straw subject to official controls at border control posts, and repealing Commission Implementing Regulation (EU) 2019/2007 and Commission Decision 2007/275/EC (Text with EEA relevance)
Article 1
Subject matter and scope
This Regulation establishes the lists of animals, products of animal origin, germinal products, animal by-products and derived products, composite products, and hay and straw that are subject to official controls at border control posts in accordance with Regulation (EU) 2017/625 and indicates their codes from the Combined Nomenclature.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(1) ‘composite product’ means a composite product as defined in point (14) of Article 2 of Delegated Regulation (EU) 2019/625;
(2) ‘untreated pig bristles’ means untreated pig bristles as defined in point 33 of Annex I to Commission Regulation (EU) No 142/2011 (1);
(3) ‘untreated feathers and parts of feathers’ means untreated feathers and parts of feathers as defined in point 30 of Annex I to Regulation (EU) No 142/2011;
(4) ‘untreated hair’ means untreated hair as defined in point 32 of Annex I to Regulation (EU) No 142/2011;
(5) ‘intermediate product’ means intermediate product as defined in point 35 of Annex I to Regulation (EU) No 142/2011;
(6) ‘treated hides and skins’ means treated hides and skins as defined in point 28 of Annex I to Regulation (EU) No 142/2011;
(7) ‘untreated wool’ means untreated wool as defined in point 31 of Annex I to Regulation (EU) No 142/2011.
Article 3
Official controls of animals and goods listed in the Annex
The animals, products of animal origin, germinal products, animal by-products and derived products, composite products, and hay and straw listed in the Annex to this Regulation shall be subject to official controls at border control posts in accordance with Regulation (EU) 2017/625.
Article 4
Repeals
Article 5
Entry into force and application
This Regulation shall enter into force on the third 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
Notes:
General remarks
General remarks are added to certain Chapters to clarify, which animals or goods are covered in the relevant chapter. In addition, where necessary, reference is made to specific requirements laid down in Commission Regulation (EU) No 142/2011 (2).
The list of composite products that meet specific conditions and are exempted from official controls at border control posts are laid down in Commission Delegated Regulation (EU) 2021/630 (3).
Note to Chapter
The lists in this Annex are structured in Chapters which correspond to the relevant Chapters in the Combined Nomenclature (CN) as laid down in Annex I to Council Regulation (EEC) No 2658/87 (4).
The Chapter notes are explanations that have been extracted, where necessary, from the Notes to the individual Chapters of the CN.
Extract from the Explanatory Notes and the Classification Opinions of the Harmonized System
Additional information on the different Chapters has been extracted, where necessary, from the Explanatory Notes and the Classification Opinions of the Harmonized System of the World Customs Organisation.
Tables:
Column (1) — CN code
This column indicates the CN code. The CN, established by Regulation (EEC) No 2658/87, is based on the International Convention on Harmonized Commodity Description and Coding System (HS) concluded in Brussels on 14 June 1983 and approved by Council Decision 87/369/EEC (5). The CN reproduces the headings and subheadings of the HS to six digits, with only the seventh and eighth figures creating further subheadings which are specific to it.
Where a four-digit code is used: Unless otherwise specified, all animals and goods prefixed with or covered by these four digits shall be submitted to official controls at border control posts. In most of these cases, the relevant CN codes included in the Traces system referred to in Article 133(4) of Regulation (EU) 2017/625 of the European Parliament and of the Council (6), are broken down to six- or eight-digit codes.
Where only certain specified animals and goods under any four-, six- or eight-digit code are required to be submitted to official controls and no specific subdivision under this code exists in the CN, the code is marked ‘Ex’. In that case, the animals and goods covered by this Regulation are determined by the scope of the CN code and by that of the corresponding description in column (2) and the qualification and explanation in column (3).
Column (2) — Description
The description of the animals and goods is as laid down in the description column of the CN.
Without prejudice to the rules for the interpretation of the CN, the wording for the description of the animals and goods in column (2) is considered to be of indicative value only, since the animals and goods covered by this Regulation are determined by CN codes.
Column (3) — Qualification and explanation
This column gives details of the animals or goods covered. Further information on the animals or goods covered in the different Chapters of the CN can be found in the Explanatory Notes to the Combined Nomenclature of the European Union (7).
Products derived from animal by-products covered by Regulation (EC) No 1069/2009 of the European Parliament and of the Council (8) and Regulation (EU) No 142/2011 are not specifically identified in Union law. Official controls shall be carried out on products that are partly processed but remain raw products to be further processed in an approved or registered establishment at destination. Official inspectors at border control posts shall assess and specify, when necessary, if a derived product is sufficiently processed to not require further official controls provided for in Union law.
CHAPTER 1
LIVE ANIMALS
Note to Chapter 1 (extract from the Notes to this Chapter of the CN)
‘1.This chapter covers all live animals, except:
(a) fish and crustaceans, molluscs and other aquatic invertebrates, of heading 0301 , 0306 , 0307 or 0308 ;
(b) cultures of micro-organisms and other products of heading 3002 ; and
(c) animals of heading 9508 .’
Extract from the Harmonized System Explanatory Notes
‘Heading 0106 includes, inter alia, the following domestic or wild animals:
(A) Mammals (1) Primates. (2) Whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia). (3) Other (such as reindeer, cats, dogs, lions, tigers, bears, elephants, camels (including dromedaries), zebras, rabbits, hares, deer, antelope (other than those of the sub-family Bovinae), chamois, foxes, minks, and other animals for fur farms).
(B) Reptiles (including snakes and turtles)
(C) Birds (1) Birds of prey. (2) Psittaciformes (including parrots, parakeets, macaws and cockatoos). (3) Other (such as partridges, pheasants, quail, woodcocks, snipe, pigeons, grouse, ortolan, wild ducks, wild geese, thrushes, blackbirds, larks, finches, tits, humming birds, peacocks, swans, and other birds not specified in heading 0105 ).
(D) Insects, such as bees (whether or not travelling in boxes or cages or hives).
(E) Other, e.g. frogs.
This heading excludes animals forming part of circuses, menageries or other similar travelling animal shows (heading 9508 ).’
| CN code | Description | Qualification and explanation |
|---|---|---|
| (1) | (2) | (3) |
| 0101 | Live horses, asses, mules and hinnies | All |
| 0102 | Live bovine animals | All |
| 0103 | Live swine | All |
| 0104 | Live sheep and goats | All |
| 0105 | Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls | All |
| 0106 | Other live animals | All, covers all animals from the following subheadings: 0106 11 00 (primates) 0106 12 00 (whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia) 0106 13 00 (camels and other camelids (Camelidae)) 0106 14 (rabbits and hares) 0106 19 00 (other): mammals other than those of heading 0101 , 0102 , 0103 , 0104 , 0106 11 , 0106 12 , 0106 13 and 0106 14 ; this subheading covers dogs and cats 0106 20 00 (reptiles, including snakes and turtles) 0106 31 00 (birds: birds of prey) 0106 32 00 (birds: psittaciformes, including parrots, parakeets, macaws and cockatoos) 0106 33 00 (ostriches; emus (Dromaius novaehollandiae) 0106 39 (other): covers birds, other than those of headings 0105 , 0106 31 , 0106 32 and 0106 33 ; this subheading includes pigeons 0106 41 00 (bees) 0106 49 00 (other insects than bees) 0106 90 00 (other): all other live animals not covered elsewhere, other than mammals, reptiles, birds and insects. Live frogs whether for vivaria to be kept alive, or to be killed for human consumption, are covered by this CN code. |
CHAPTER 2
MEAT AND EDIBLE MEAT OFFAL
Note to Chapter 2 (extract from the Notes to this Chapter of the CN)
‘1.This chapter does not cover:
(a) Products of the kinds described in headings 0201 to 0208 or 0210 unfit or unsuitable for human consumption;
(b) edible, non-living insects (heading 0410 );
(c) guts, bladders or stomachs of animals (heading 0504 ) or animal blood (heading 0511 or 3002 ); or
(d) animal fat, other than the products of heading 0209 (Chapter 15).’
| CN code | Description | Qualification and explanation |
|---|---|---|
| (1) | (2) | (3) |
| 0201 | Meat of bovine animals, fresh or chilled | All. However, raw material not suitable for human consumption is not covered in this heading, but under heading 0511 . |
| 0202 | Meat of bovine animals, frozen | All. However, raw material not intended or suitable for human consumption is not covered in this heading, but under heading 0511 . |
| 0203 | Meat of swine, fresh, chilled or frozen | All. However, raw material not intended or suitable for human consumption is not covered in this heading, but under heading 0511 . |
| 0204 | Meat of sheep or goats, fresh, chilled or frozen | All. However, raw material not intended or suitable for human consumption is not covered in this heading, but under heading 0511 . |
| 0205 00 | Meat of horses, asses, mules or hinnies, fresh, chilled or frozen | All. However, raw material not intended or suitable for human consumption is not covered in this heading, but under heading 0511 . |
| 0206 | Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen | All. However, raw material not intended or suitable for human consumption is not covered in this heading, but under heading 0511 . |
| 0207 | Meat and edible offal, of the poultry of heading 0105 , fresh, chilled or frozen | All. However, raw material not intended or suitable for human consumption is not covered in this heading, but under heading 0511 . |
| 0208 | Other meat and edible meat offal, fresh, chilled or frozen | All. However, raw material not intended or suitable for human consumption is not covered in this heading, but under heading 0511 . This heading covers other raw material for the production of gelatine or collagen for human consumption. It also covers all meat and edible meat offal from the following subheadings: 0208 10 (of rabbits or hares) 0208 30 00 (of primates) 0208 40 (of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia); of seals, sea lions and walruses (mammals of the suborder Pinnipedia)) 0208 50 00 (of reptiles, including snakes and turtles) 0208 60 00 (of camels and other camelids (Camelidae)) 0208 90 (other: of domestic pigeons; of game other than of rabbits or hares; etc.): covers meat of quails, reindeer or any other mammal species. This subheading also covers frogs’ legs under CN code 0208 90 70 . |
| 0209 | Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, fresh, chilled frozen, salted, in brine, dried or smoked | All, covers both fat and processed fat as described in column (2), even if suitable only for industrial use (not fit for human consumption). |
| 0210 | Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal | All, covers meat, meat products and other products of animal origin. However, raw material not intended or suitable for human consumption is not covered in this heading, but under heading 0511 . Covers processed animal protein and dried pigs ears for human consumption. Even when such dried pigs ears are used as animal feed, the Annex to Commission Regulation (EC) No 1125/2006 (*1) clarifies that they may be covered in 0210 99 49 . However, dried offal and pigs ears unfit for human consumption are classified in CN code 0511 99 85 . Sausages are covered under heading 1601 . Extracts and juices of meat are covered under heading 1603 . Greaves are covered under heading 2301 . |
| (*1) Commission Regulation (EC) No 1125/2006 of 21 July 2006 concerning the classification of certain goods in the Combined Nomenclature (OJ L 200, 22.7.2006, p. 3). |
CHAPTER 3
FISH AND CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES
General remarks
This chapter covers both live fish for breeding and reproduction, live ornamental fish, and live fish or live crustaceans transported alive but imported for human consumption.
All products in this chapter are subject to official controls.
Notes to Chapter 3 (extract from the Notes to this Chapter of the CN)
‘1.This chapter does not cover:
(a) mammals of heading 0106 ;
(b) meat of mammals of heading 0106 (heading 0208 or 0210 );
(c) fish (including livers, roes and milt thereof) or crustaceans, molluscs or other aquatic invertebrates, dead and unfit or unsuitable for human consumption by reason of either their species or their condition (Chapter 5); flours, meals or pellets of fish or of crustaceans, molluscs or other aquatic invertebrates unfit for human consumption (heading 2301 ); or
(d) caviar or caviar substitutes prepared from fish eggs (heading 1604 ).
2.In this chapter, the term “pellets” means products which have been agglomerated either directly by compression or by the addition of a small quantity of binder.
3.Headings 0305 to 0308 do not cover flours, meals and pellets, fit for human consumption (heading 0309 ).’
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