Commission Delegated Regulation (EU) 2021/2089 of 21 September 2021 amending Delegated Regulation (EU) 2019/2122 as regards certain categories of goods posing low risk, goods that form part of passengers’ personal luggage and pet animals exempted from official controls at border control posts and amending that Delegated Regulation and Delegated Regulation (EU) 2019/2074 as regards references to certain repealed legislation (Text with EEA relevance)

• CELEX: Delegated Regulation (EU) 2021/2089
• Articles: 4

Article 1 Research and diagnostic samples, and samples of products of animal origin and of composite products for product analysis and quality testing, including organoleptic analysis’;

Delegated Regulation (EU) 2019/2122 is amended as follows:

(1)

in Article 3(1), point (b) is replaced by the following:

‘(b)

their entry into the Union is authorised in advance for that purpose by the competent authority of the Member State  ( *1 ) of destination;

( *1 )   In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Regulation, references to Member States include the United Kingdom in respect of Northern Ireland.’;"

(2)

Article 4 is amended as follows:

(a)

the title is replaced by the following:

‘Article 4

Research and diagnostic samples, and samples of products of animal origin and of composite products for product analysis and quality testing, including organoleptic analysis’;

(b)

the following paragraphs 3, 4 and 5 are added:

‘3.   The competent authority of the Member State of destination may exempt samples of products of animal origin and of composite products for product analysis and quality testing, including organoleptic analysis, from official controls at border control posts provided that:

(a)

the competent authority has issued to the operator responsible for the analysis or testing of the samples in advance of their entry into the Union an authorisation for their introduction into the Union in accordance with paragraph 4 and that authorisation is recorded in an official document delivered by that authority;

(b)

the samples are accompanied by the official document referred to in point (a) or by a copy thereof, the certificate or declaration referred to in paragraph 4(b), or where applicable, any document required under national rules referred to in paragraph4(c), until the samples reach the operator responsible for the analysis or testing of the samples.

Where samples referred to in the first subparagraph enter the Union via a Member State other than the Member State of destination, the operator shall present such samples at a border control post.

4.   The competent authority of the Member State of destination shall specify in the authorisation for the introduction into the Union of samples of products of animal origin and of composite products for product analysis and quality testing, including organoleptic analysis, the following:

(a)

the samples originate from third countries or regions of third countries listed in Commission Implementing Regulation (EU) 2021/404  ( *2 ) ;

(b)

the samples are accompanied by the relevant certificate or declaration drawn up in accordance with the models established in Commission Implementing Regulation (EU) 2020/2235  ( *3 ) ;

I

that, depending on the commodity, the samples comply with the following:

(i)

relevant requirements laid down in Commission Delegated Regulation (EU) 2020/692  ( *4 ) ; or

(ii)

national rules in accordance with Articles 230(2), 234(3) and 238(4) of Regulation (EU) 2016/429, where applicable;

(d)

the public health requirements for:

—

entry into the Member State of destination, which may include labelling and packaging requirements for the samples; and

—

the analysis or testing of the samples by the operator;

(e)

the operator responsible for the analysis or testing of the samples, including a reference to the address of the operator’s premises for which the samples are destined;

(f)

the competent authority responsible for official controls at the operator’s premises for which the samples are destined; and

(g)

the obligations of the operator responsible for the analysis or testing not to mix the samples with food destined for placing on the market, to keep records on the use of the samples and to dispose of the samples after the product analysis or the quality testing in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council  ( *5 ) .

5.   The competent authority of the Member State of destination shall specify in the authorisations referred to in paragraphs 1(a) and paragraph 3, first subparagraph, point (a) the maximum amount of samples exempted from official controls at border control posts.

( *2 )   Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and the Council ( OJ L 114, 31.3.2021, p. 1 )."

( *3 )   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 )."

( *4 )   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 )."

( *5 )   Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) ( OJ L 300, 14.11.2009, p. 1 ).’;"

(3)

in Article 7, point (a) is replaced by the following:

‘(a)

goods listed in Part 1 of Annex I provided that the quantity in each category does not exceed the weight limit of 2 kg;’;

(4)

in Article 11, point (a)(ii) is replaced by the following:

‘(ii)

meet the conditions laid down in Article 5(1) or Article 5(2) of Regulation (EU) No 576/2013 and are being moved from a territory or a third country other than those listed in Part 1 of Annex II to Implementing Regulation (EU) No 577/2013, provided that they undergo documentary and identity checks in accordance with Article 34 of Regulation (EU) No 576/2013, and where relevant, standard spot checks in accordance with Article 5(3) of that Regulation; or’;

(5)

Annexes II and III are amended in accordance with the Annex to this Regulation.

Article 2 Delegated Regulation (EU) 2019/2074 is amended as follows:

(1)

in Article 3, paragraph 1 is replaced by the following:

‘1.   The competent authority at the border control post of arrival into the Union shall authorise the entry into the Union of the following consignments of products originating from and returning into the Union following a refusal of entry by a third country provided that they comply with the requirements set out in paragraph 2:

(a)

products of animal origin listed in the Annex to Commission Implementing Regulation (EU) 2021/632  ( *6 ) ;

(b)

composite products listed in Chapters 15 to 22 of the Annex to Implementing Regulation (EU) 2021/632 that are subject to veterinary checks at border control posts of arrival into the Union in accordance with Article 3 of that Implementing Regulation.

( *6 )   Commission 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 Implementing Regulation (EU) 2019/2007 and Commission Decision 2007/275/EC ( OJ L 132, 19.4.2021, p. 24 ).’;"

(2)   in Article 3(2), point (a) is replaced by the following:

‘(a)

the original official certificate issued by the competent authority of the Member State  ( *7 ) from which the goods originate and were dispatched to a third country (“Member State of origin”), or its electronic equivalent submitted in IMSOC, or an authenticated copy thereof;

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 .

Schedules & Appendices

ANNEX

ANNEX

Annexes II and III to Delegated Regulation (EU) 2019/2122 are amended as follows:

(1)

Annex II is replaced by the following:

‘ANNEX II

Posters referred to in Article 8(1)

The posters can be found at:

https://ec.europa.eu/food/animals/animalproducts/personal_imports_en

.

(2)

Annex III is amended as follows:

(a)

the first paragraph is replaced by the following:

‘Due to the risk of introducing diseases into the European Union (EU)  ( *1 ) , there are strict procedures for the introduction of certain animal products into the EU. These procedures do not apply to the movements of animal products between the Member States of the EU, or for animal products coming in small quantities for personal consumption from Andorra, Iceland, Liechtenstein, Norway, San Marino and Switzerland.’;

( *1 )   In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, references to European Union in this Annex include the United Kingdom in respect of Northern Ireland.’;"

(b)

the third and fourth paragraphs are replaced by the following:

‘The following goods may be introduced into the EU as long as they comply with the conditions and weight limits indicated in points 1 to 5 below.’;

(c)

in point 3, ‘Petfood required for health-related reasons’, the introductory phrase is replaced by the following:

‘You may only bring in or send to the EU personal consignments of petfood required for reasons related to the health of the pet accompanying the passenger provided that:’;

(d)

point 7, ‘Exempted products’, is replaced by the following:

‘The following products are exempted from the rules set out in points 1 to 6 provided that they meet the requirements of Article 3(1) of Commission Delegated Regulation (EU) 2021/630  ( ** ) :

—

confectionery (including sweets), chocolate and other food preparations containing cocoa;

—

pasta, noodles and couscous;

—

bread, cakes, biscuits, waffles and wafers, rusks, toasted bread and similar toasted products;

—

olives stuffed with fish;

—

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 mate thereof;

—

roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof;

—

soup stocks and flavourings packaged for the final consumer;

—

food supplements packaged for the final consumer, containing processed animal products (including glucosamine, chondroitin or chitosan);

—

liqueurs and cordials;

( ** )   Commission 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 ( OJ L 132, 19.4.2021, p. 17 ).’

"

( *1 )   In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, references to European Union in this Annex include the United Kingdom in respect of Northern Ireland.’;

( ** )   Commission 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 ( OJ L 132, 19.4.2021, p. 17 ).’

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