Delegated Regulation (EU) 2019/625 is amended as follows:
(1)
Article 3 is replaced by the following:
‘Article 3
Animals and goods which are required to come from third countries or regions thereof included in the list referred to in Article 126(2)(a) of Regulation (EU) 2017/625
Consignments of the following animals and goods intended for human consumption shall enter the Union only from a third country or region thereof included in the list for those animals and goods laid down in Commission Implementing Regulation (EU) 2021/405 ( *1 ) :
(a)
products of animal origin, including reptile meat and dead whole insects, parts of insects or processed insects, intended for human consumption, for which the following codes have been laid down in Part Two of Annex I to Council Regulation (EEC) No 2658/87 ( *2 ) :
(i)
Combined Nomenclature codes (“CN codes”) in Chapters 2 to 5, 15, 16 or 29; or
(ii)
Harmonised System codes (“HS codes”) under headings 0901, 1702, 2101, 2105, 2106, 2301, 3001, 3002, 3302, 3501, 3502, 3503, 3504, 3507, 3913, 3926, 4101, 4102, 4103 or 9602;
(b)
live insects referred to by the CN code 0106 49 00 of Part Two of Annex I to Regulation (EEC) No 2658/87;
(c)
live snails referred to by the CN code 0307 60 00 of Part Two of Annex I to Regulation (EEC) No 2658/87;
(d)
bee pollen flour referred to by the CN code ex 1212 99 95 of Part Two of Annex I to Regulation (EEC) No 2658/87.
( *1 ) 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 )."
( *2 ) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff ( OJ L 256, 7.9.1987, p. 1 ).’;"
(2)
in Article 5(1), point (a) is replaced by the following:
‘(a)
products of animal origin for which requirements are laid down in Annex III to Regulation (EC) No 853/2004 and for which the following codes have been laid down in Part Two of Annex I to Regulation (EEC) No 2658/87:
(i)
CN codes in Chapters 2 to 5, 15 or 16; or
(ii)
HS codes under headings 1702, 2101, 2105, 2106, 2301, 2932, 3001, 3002, 3501, 3502, 3503, 3504, 4101, 4102, or 4103;’;
(3)
in Article 8(2), point (b) is replaced by the following:
‘(b)
marine gastropods that are not filter feeders and echinoderms that are not filter feeders.’;
(4)
in Article 11, paragraph 3 is replaced by the following:
‘3. When consignments of fishery products enter the Union directly from a reefer, factory or a freezer vessel flying the flag of a third country, the official certificate referred to in Article 14(3) of Commission Implementing Regulation (EU) 2020/2235 ( *3 ) may be signed by the captain.
( *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 ).’;"
(5)
Article 12 is replaced by the following:
‘Article 12
Requirements for composite products
1. Consignments of composite products referred to by the CN codes under headings 0901, 1517, 1518, 1601 00, 1602, 1603 00, 1604, 1605, 1702, 1704, 1806, 1901, 1902, 1904, 1905, 2001, 2004, 2005, 2008, 2101, 2103, 2104, 2105 00, 2106, 2202 or 2208 of Annex I to Regulation (EEC) No 2658/87 shall enter the Union for placing on the market only if each processed product of animal origin contained in the composite products was either produced in establishments that are located in third countries or regions thereof and authorised to export those processed products of animal origin to the Union in accordance with Article 5 or in establishments located in Member States.
2. Pending the establishment by the Commission of a specific list of third countries or regions thereof authorised to export composite products to the Union, consignments of composite products from third countries or regions thereof may enter the Union, subject to compliance with the following rules:
(a)
composite products referred to in paragraph 1 that need to be transported or stored under controlled temperatures shall originate from third countries or regions thereof authorised to export to the Union each processed product of animal origin contained in the composite products pursuant to Article 3;
(b)
composite products referred to in paragraph 1 that do not need to be transported or stored under controlled temperatures and which contain any quantity of colostrum-based products or processed meat, shall originate from third countries or regions thereof authorised to export to the Union the colostrum-based products or processed meat contained in the composite products pursuant to Article 3;
(c)
composite products referred to in paragraph 1 that do not need to be transported or stored under controlled temperatures and which contain processed products of animal origin for which requirements are laid down in Annex III to Regulation (EC) No 853/2004 and other than colostrum-based products or processed meat, shall originate from third countries or regions thereof that are authorised to export meat products, dairy products, fishery products or egg products to the Union on the basis of Union animal and public health requirements and are listed at least for one of these products of animal origin pursuant to Article 3.
3. Composite products shall enter the Union only from a third country or region thereof included in the list laid down in the Annex to Decision 2011/163/EU as having an approved residues monitoring plan in accordance with Directive 96/23/EC for the species/commodity from which the processed products of animal origin contained in the composite products, with the exception of collagen, gelatine and the highly refined products listed in Section XVI, point 1, of Annex III to Regulation (EC) No 853/2004, are derived.
4. Paragraphs 2 and 3 of this Article shall not apply to shelf-stable composite products where all the animal products present in the final composite product fall within the scope of and are used in the shelf -stable composite product in accordance with Regulation (EC) No 1332/2008 of the European Parliament and of the Council ( *4 ) , Regulation (EC) No 1333/2008 of the European Parliament and of the Council ( *5 ) or, Regulation (EC) No 1334/2008 of the European Parliament and of the Council ( *6 ) , or that animal part is vitamin D3 only.
( *4 ) Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 ( OJ L 354, 31.12.2008, p. 7 )."
( *5 ) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives ( OJ L 354, 31.12.2008, p. 16 )."
( *6 ) Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC ( OJ L 354, 31.12.2008, p. 34 ).’;"
(6)
Article 13 is amended as follows:
(a)
paragraph 1 is amended as follows:
(i)
point (a) is replaced by the following:
‘(a)
products of animal origin intended for human consumption, for which the following codes have been laid down in Part Two of Annex I to Regulation (EEC) No 2658/87:
(i)
CN codes in Chapters 2 to 5, 15, 16 or 29;
(ii)
HS codes under headings 1702, 2101, 2105, 2106, 2301, 3001, 3002, 3501, 3502, 3503, 3504, 3507, 3913, 3926, 4101, 4102, 4103 or 9602;’;
(ii)
the following point (da) is inserted after point (d):
‘(da)
bee pollen flour referred to by the CN code ex 1212 99 95 of Part Two of Annex I to Regulation (EEC) No 2658/87;’;
(iii)
point (e) is replaced by the following:
‘(e)
composite products referred to in Article 12(2)(a) and (b) with the exclusion of 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.’;
(b)
the following paragraphs are added:
‘5. The competent authorities of a third country of dispatch may certify a consignment of animals or goods referred to in paragraph 1 requiring public health attestation and coming from another third country, if that competent authority can ensure compliance of the consignment with the requirements for entry into the Union laid down in this Regulation.
The first subparagraph shall not apply in case of transit of a consignment through the Union without placing on the market.
6. By way of derogation from point (a)(ii) of paragraph 1, no official certificate is needed in case of entry into the Union of gelatine capsules using HS codes under headings 3913, 3926 or 9602, when not derived from ruminant bones.’;
(7)
Article 14 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. A private attestation confirming that the consignments comply with the applicable requirements referred to in Article 126(2) of Regulation (EU) 2017/625, prepared and signed by the importing food business operator, shall accompany:
(a)
the consignments of the composite products to which Article 12(2)(b) applies, where the composite products 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; and
(b)
the consignments of the composite products to which Article 12(2)(c) applies.’;
(b)
in paragraph 4, point (e) is replaced by the following:
‘(e)
the processed products of animal origin used in the composite product have undergone at least the treatments referred to in Article 163 of Commission Delegated Regulation (EU) 2020/692 ( *7 ) with a brief description of any processes undergone and temperatures applied to the composite product.
( *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 ).’."