Commission Implementing Regulation (EU) 2024/256 of 17 January 2024 amending Implementing Regulation (EU) 2020/1158 on the conditions governing imports of food and feed originating in third countries following the accident at the Chernobyl nuclear power station

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1), point (b)(ii), 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) (2), and in particular Article 54(4), first subparagraph, point (b), and Article 90, first paragraph, points (a), (c) and (f), thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2020/1158 (3) imposes conditions on the import of food and feed originating in certain third countries following the accident at the Chernobyl nuclear power station.

(2) In Implementing Regulation (EU) 2020/1158, the footnote defining how the maximum level has to be applied to concentrated or dried products was erroneously omitted and should therefore be inserted again.

(3) Commission Implementing Regulation (EU) 2019/628 (4) concerning model official certificates for certain animals and goods has been repealed by Commission Implementing Regulation (EU) 2020/2235 (5) and the correlation table in Annex VI of that Regulation contains errors with regard to references to corresponding Articles of the two acts. Those correlation errors relate to the articles of Implementing Regulation (EU) 2019/628 referred to in Implementing Regulation (EU) 2020/1158 and therefore the reference to the articles of Implementing Regulation (EU) 2019/628 should be replaced by the correct reference to the articles of Implementing Regulation (EU) 2020/2235.

(4) Article 3 of Implementing Regulation (EU) 2020/1158 requires that each consignment of products from third countries listed in Annex I to that Implementing Regulation that are listed in Annex II to that Implementing Regulation, with reference to the relevant CN code from the Combined Nomenclature, is accompanied by the relevant official certificate and identified by means of an identification code to be indicated on the official certificate and on the Common Health Entry Document.

(5) Commission Implementing Regulation (EU) 2021/1832 (6), which is applicable since January 2022, introduced new CN codes for mushrooms of the genus Cantharellus (CN 0709 53), Boletus (CN 0709 52), Shiitake (CN 0709 54, CN 0712 34), Matsutake (CN 0709 55) and truffles (CN 0709 56, CN 0710 80 95, CN 2001 90 97). Those mushrooms were falling under the CN code 0709 59 before that change in the Customs Nomenclature. For the sake of legal certainty and clarity, Implementing Regulation (EU) 2020/1158 should be updated in order to reflect these changes of the CN codes.

(6) To ensure a harmonised application across the Union of conditions governing imports of food and feed originating in third countries and to ensure a high level of human health protection, it is important to clarify and to avoid any legal uncertainty that the conditions for entry into the Union are applicable to all products containing or derived from wild mushrooms and wild fruits of the genus Vaccinium. Therefore, new entries should be added.

(7) Certain products should be added to Annex II to Implementing Regulation (EU) 2020/1158, for which the conditions governing imports of food and feed originating from third countries were not applicable previously. This concerns in particular mixtures of nuts and dried fruits, jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, mixtures of juices, flavoured waters and certain food products consisting of several ingredients containing the listed mushrooms and fruits. The inclusion of those products would ensure a high level of human health protection and to avoid any doubt that the conditions for entry into the Union are applicable to all products containing or derived from listed wild mushrooms and from wild fruits.

(8) Furthermore, in accordance with Article 5(1) of Implementing Regulation (EU) 2020/1158, the physical controls on products listed in Annex II to that Implementing Regulation, subject to border control post checks, should be performed at the border control post or at a designated control point.

(9) Given that certain foods containing wild mushrooms or wild berries might contain also ingredients of animal origin, the physical controls on those foods should be performed at the border control post only.

(10) In order to enable economic operators to take the necessary measures to comply with requirements of sampling, analysis and certification for the products concerned by this measure and to allow a smooth transition to the new rules, it is appropriate to provide for a transitional period during which consignments falling under CN codes ex 0813 50, ex 2007, ex 2008 97, ex 2009 90, ex 2202 10, ex 2202 99, ex 1704 90, ex 1806 and ex 1905 do not need to be accompanied by an official certificate as required by Article 3(3) of Implementing Regulation (EU) 2020/1158.

(11) For certain wild mushrooms previously falling under CN code ex 0709 59, new CN codes have been established since 2020 i.e. ex 0709 52 00, ex 0709 53 00, ex 0709 54 00, ex 0709 55 00, ex 0709 56 00 and ex 0712 34 00. Furthermore, processed wild truffles previously covered under the CN codes ex 0710 80 69 and ex 2001 90 50 are traded under CN codes ex 7108095 and ex 2001 90 97. Therefore, there is no need to provide for transitional measures for those products as Article 3(3) of Implementing Regulation (EU) 2020/1158 is already applicable to them.

(12) Implementing Regulation (EU) 2020/1158 should therefore be amended accordingly.

(13) 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

Amendments to Implementing Regulation (EU) 2020/1158

Implementing Regulation (EU) 2020/1158 is amended as follows:

(2) in Article 4, paragraphs 3 and 4 are replaced by the following: ‘3.   The official certificate which is not submitted in the Information Management System for Official Controls (IMSOC) by the competent authority of the third country issuing it shall also meet the requirements for model official certificates not submitted in IMSOC laid down in Article 5 of Implementing Regulation (EU) 2020/2235.

(3) in Article 5, paragraph 1 is replaced by the following: ‘1.   Consignments of products of non-animal origin referred to in Article 3(3) shall be subject to official controls at their entry into the Union at a border control post and/or at a designated control point. Consignments of products referred to in Article 3(3) containing ingredient or ingredients of animal origin shall be subject to official controls at their entry into the Union at a border control post.’

(4) Annex II is replaced by the Annex to this Regulation.

Article 2

Transitional measure

Consignments of products falling under CN codes ex 0813 50, ex 2007, ex 2008 97, ex 2009 90, ex 2202 10, ex 2202 99, ex 1704 90, ex 1806 and ex 1905, which have been dispatched to the Union from a third country listed in Annex I to Implementing Regulation (EU) 2020/1158, before the date of entry into force of this Regulation, may enter the Union until 7 March 2024 without being accompanied by the official certificate as required by Article 3(3) of that Implementing Regulation, under the condition that they comply with all other requirements of Union law applicable to them.

Article 3

Entry into force

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, 17 January 2024.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 31, 1.2.2002, p. 1.

(2) OJ L 95, 7.4.2017, p. 1.

(3) Commission Implementing Regulation (EU) 2020/1158 of 5 August 2020 on the conditions governing imports of food and feed originating in third countries following the accident at the Chernobyl nuclear power station (OJ L 257, 6.8.2020, p. 1).

(4) Commission Implementing Regulation (EU) 2019/628 of 8 April 2019 concerning model official certificates for certain animals and goods and amending Regulation (EC) No 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificates (OJ L 131, 17.5.2019, p. 101).

(5) 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).

(6) Commission Implementing Regulation (EU) 2021/1832 of 12 October 2021 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 385, 29.10.2021, p. 1).