Commission Implementing Regulation (EU) 2023/2744 of 20 November 2023 amending Implementing Regulation (EU) 2020/2235 as regards model animal health certificates, model official certificates, model animal health/official certificates and private attestation, for the entry into the Union or transit through the Union of consignments of certain categories of animals and goods, and official certification regarding such certificates

THE EUROPEAN COMMISSION,

Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 on laying specific hygiene rules for food of animal origin (1), and in particular Article 7(2), point (a), thereof,

Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (2), and in particular Articles 238(3) and 239(3) thereof,

Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (3), and in particular Article 90, first paragraph, points (a) and (b), and Article 126(3) thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2020/2235 (4) lays down rules regarding animal health certificates provided for in Regulation (EU) 2016/429, official certificates and attestations provided for in Regulation (EU) 2017/625, and animal health/official certificates based on both those Regulations, required, inter alia, for the entry into the Union of certain consignments of animals and goods.

(2) Commission Delegated Regulation (EU) 2019/625 (5), that supplemented Regulation (EU) 2017/625 with regard to requirements for the entry into the Union of consignments of food-producing animals and certain goods intended for human consumption, was repealed and replaced by Commission Delegated Regulation (EU) 2022/2292 (6). It is therefore necessary to amend all the references to Delegated Regulation (EU) 2019/625 in Implementing Regulation (EU) 2020/2235 accordingly.

(3) Chapters 34 (model MILK-RMP/NT) and 35 (model DAIRY-PRODUCTS-PT) of Annex III to Implementing Regulation (EU) 2020/2235 set out model animal health/official certificates for the entry into the Union of dairy products intended for human consumption derived from raw milk or dairy products therefrom, or both, that are not required to undergo a specific risk-mitigating treatment, and dairy products intended for human consumption that are required to undergo a pasteurisation treatment. Amendments to Article 156 of Commission Delegated Regulation (EU) 2020/692 (7) introduced by Commission Delegated Regulation (EU) 2023/119 (8) should be reflected in Article 16, point (b), of Implementing Regulation (EU) 2020/2235 and those model animal health/official certificates.

(4) Box I.27 in Part I of the model certificates in Annex III to Implementing Regulation (EU) 2020/2235 sets out the requirements for the description of the consignment. It is necessary to simplify and harmonise certain descriptive elements relating to the establishments from which or in which the consignment is dispatched, obtained or prepared. Consequently, the notes for completion of Box I.27 in Chapter 4 of Annex I to Implementing Regulation (EU) 2020/2235 should be aligned accordingly.

(5) Council Directive 96/23/EC (9) has been repealed and provisions regarding the entry into the Union as stated in Article 29 of that Directive have been incorporated into Delegated Regulation (EU) 2022/2292. It is therefore necessary to amend all the references to that Directive in Annex III to Implementing Regulation (EU) 2020/2235 accordingly.

(6) Commission Decision 2011/163/EU (10) has been repealed and incorporated into Commission Implementing Regulation (EU) 2021/405 (11). It is therefore necessary to amend all the references to that Decision in Annex III to Implementing Regulation (EU) 2020/2235 accordingly.

(7) Chapters 1 (model BOV), 2 (model OVI), 3 (model POR) and 4 (model EQU) of Annex III to Implementing Regulation (EU) 2020/2235 set out the model certificates for the entry into the Union of certain fresh meat intended for human consumption. In the notes to Part I of those models, Box reference I.27. should be supplemented by the exclusion of fresh blood from the category ‘offal’ in the description of the nature of the commodity. The entry of fresh blood into the Union is not permitted in accordance with Article 130 of Delegated Regulation (EU) 2020/692. It is therefore necessary to amend those model certificates accordingly.

(8) Chapters 1 (model BOV), 2 (model OVI), 24 (model MP-PREP), 25 (model MPNT), 26 (model MPST), 27 (model CAS), 41 (model GEL), 42 (model COL), 43 (model RCG), 44 (model TCG) and 50 (model COMP) of Annex III to Implementing Regulation (EU) 2020/2235 set out model certificates for the entry into the Union of consignments of products of bovine, ovine and caprine origin. Regulation (EC) No 999/2001 of the European Parliament and of the Council (12) provides for, inter alia, the requirements for the entry into the Union of those consignments depending on the bovine spongiform encephalopathy (BSE) risk of their country of origin. It is necessary to clarify those requirements and to align those model certificates with Regulation (EC) No 999/2001.

(9) Chapter 13 (model POU) of Annex III to Implementing Regulation (EU) 2020/2235 sets out the model animal health/official certificate for the entry into the Union of consignments of fresh meat intended for human consumption, excluding minced meat and mechanically separated meat, of poultry other than ratites. Amendments to Article 124 of Delegated Regulation (EU) 2020/692 introduced by Delegated Regulation (EU) 2023/119 should be reflected in the animal health attestation of that model animal health/official certificate by allowing poultry in a third country or territory to pass through a restricted zone on the way to the slaughterhouse.

(10) Chapters 25 (model MPNT) and 26 (model MPST) of Annex III to Implementing Regulation (EU) 2020/2235 set out model animal health/official certificates for the entry into the Union of consignments of certain categories of meat products intended for human consumption. Amendments to Article 150 of Delegated Regulation (EU) 2020/692 introduced by Delegated Regulation (EU) 2023/119 should be reflected in the animal health attestations of those model animal health/official certificates by clarifying the requirements for the establishment of origin of the animals from which the fresh meat used for the production of meat products was obtained.

(11) Chapters 28 (model FISH-CRUST-HC) and 31 (model MOL-HC) of Annex III to Implementing Regulation (EU) 2020/2235 set out model animal health/official certificates for the entry into the Union of consignments of live fish, live crustaceans, and products of animal origin from those animals intended for human consumption and consignments of live bivalve molluscs, echinoderms, tunicates, marine gastropods and products of animal origin from those animals intended for human consumption. Amendments to Article 1(6), Article 166 and Article 167, point (a), of Delegated Regulation (EU) 2020/692 introduced by Delegated Regulation (EU) 2023/119 should be reflected in points II.2.3.2., II.2.3.3. and II.2.7.3. of the animal health attestations of those model animal health/official certificates.

(12) In the notes to Part I of Chapters 34 (model MILK-RMP/NT), 35 (model DAIRY-PRODUCTS-PT) and 36 (model DAIRY-PRODUCTS-ST) of Annex III to Implementing Regulation (EU) 2020/2235, Box reference I.27. should be amended by deleting the Harmonised System (HS) code(s) under headings 19.01 and 22.02 from the description of the consignment as they do not cover products of animal origin.

(13) Chapter 45 (model HON) of Annex III to Implementing Regulation (EU) 2020/2235 sets out the model official certificate for the entry into the Union of consignments of honey and other apiculture products intended for human consumption. In the notes to Part I of that model official certificate, Box reference I.27. should be amended by adding the Harmonised System (HS) code(s) for pollen under heading 1212 to the description of the consignment.

(14) Chapters 50 (model COMP) and 52 (model TRANSIT-COMP) of Annex III to Implementing Regulation (EU) 2020/2235 set out the model animal health/official certificate for the entry into the Union of non-shelf-stable composite products and shelf-stable composite products, containing any quantity of meat products except gelatine, collagen and highly refined products, and intended for human consumption and the model animal health certificate for the transit through the Union to a third country, either by immediate transit or after storage in the Union, of non-shelf-stable composite products and shelf-stable composite products, containing any quantity of meat products, and intended for human consumption. Amendments to Article 156 of Delegated Regulation (EU) 2020/692 introduced by Delegated Regulation (EU) 2023/119 should be reflected in those model certificates by introducing the possibility of producing dairy products not subject to risk-mitigating treatment contained in the composite products from raw milk or dairy products therefrom, or both. Moreover, certain notes to Part II of those model certificates concerning the origin and production of dairy products contained in composite products should be supplemented and clarified.

(15) Annex III to Implementing Regulation (EU) 2020/2235 should therefore be amended accordingly.

(16) Implementing Regulation (EU) 2020/2235 should therefore be amended accordingly.

(17) In order to avoid any disruption to trade as regards the entry into the Union and transit through the Union to a third country of consignments of certain categories of animals and goods referred to in Articles 8 to 30a and in Article 33 of Implementing Regulation (EU) 2020/2235, the use of certificates or attestation issued in accordance with Implementing Regulation (EU) 2020/2235, as applicable prior to the amendments made by this Regulation, should continue to be authorised during a transitional period subject to certain conditions.

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

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2020/2235 is amended as follows:

(3) in Article 14, paragraph 3 is replaced by the following: ‘3.   The official certificate referred to in Article 1(3), point (b)(ii), to be signed by the captain and to be used for the entry into the Union of fishery products or fishery products derived from bivalve molluscs intended for human consumption, entering the Union directly from a reefer, freezer or factory vessel flying the flag of a third country as provided for in Article 21(2) of Delegated Regulation (EU) 2022/2292 shall correspond to the model FISH/MOL-CAP drawn up in accordance with the model set out in Chapter 30 of Annex III.’

(5) Article 33 is replaced by the following: ‘Article 33 Model private attestation by the operator for shelf-stable composite products containing processed products of animal origin other than processed meat The model private attestation referred to in Article 1(3), point (f), to be used by the operator for the entry into the Union of shelf-stable composite products in accordance with Article 22 of Commission Delegated Regulation (EU) 2022/2292 shall correspond to the model set out in Annex V.’

(6) Annexes I, III and V are amended in accordance with the Annex to this Regulation.

Article 2

For a transitional period until 15 September 2024, consignments of certain categories of animals and goods referred to in Articles 8 to 30a and in Article 33 of Implementing Regulation (EU) 2020/2235, accompanied by the appropriate animal health certificate, official certificate, animal health/official certificate or private attestation issued in accordance with the models set out respectively in Chapters 1 to 53 of Annex III and in Annex V to Implementing Regulation (EU) 2020/2235, as applicable before the amendments made to that Implementing Regulation by this Regulation, shall continue to be authorised for the entry into the Union or for the transit through the Union to a third country provided that the certificate or the attestation was issued no later than 15 June 2024.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 November 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 139, 30.4.2004, p. 55.

(2) OJ L 84, 31.3.2016, p. 1.

(3) OJ L 95, 7.4.2017, p. 1.

(4) Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1).

(5) Commission Delegated Regulation (EU) 2019/625 of 4 March 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption (OJ L 131, 17.5.2019, p. 18).

(6) Commission Delegated Regulation (EU) 2022/2292 of 6 September 2022 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of food-producing animals and certain goods intended for human consumption (OJ L 304, 24.11.2022, p. 1).

(7) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).

(8) Commission Delegated Regulation (EU) 2023/119 of 9 November 2022 amending Delegated Regulation (EU) 2020/692 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 16, 18.1.2023, p. 5).

(9) Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10).

(10) Commission Decision 2011/163/EU of 16 March 2011 on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (OJ L 70, 17.3.2011, p. 40).

(11) Commission Implementing Regulation (EU) 2021/405 of 24 March 2021 laying down the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 118).

(12) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147 31.5.2001, p. 1).