Commission Delegated Regulation (EU) 2022/887 of 28 March 2022 amending Delegated Regulation (EU) 2019/625 as regards Combined Nomenclature and Harmonised System codes and import conditions of certain composite products, amending Delegated Regulation (EU) 2019/2122 as regards certain goods and pet birds exempted from official controls at border control posts and amending Delegated Regulation (EU) 2021/630 as regards requirements for composite products exempted from official controls at border control posts (Text with EEA relevance)

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 : (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 : (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 01064900 of Part Two of Annex I to Regulation (EEC) No 2658/87; (c) live snails referred to by the CN code 03076000 of Part Two of Annex I to Regulation (EEC) No 2658/87; (d) bee pollen flour referred to by the CN code ex12129995 of Part Two of Annex I to Regulation (EEC) No 2658/87.

1 Consignments of composite products referred to by the CN codes under headings 0901, 1517, 1518, 160100, 1602, 160300, 1604, 1605, 1702, 1704, 1806, 1901, 1902, 1904, 1905, 2001, 2004, 2005, 2008, 2101, 2103, 2104, 210500, 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 , Regulation (EC) No 1333/2008 of the European Parliament and of the Council or, Regulation (EC) No 1334/2008 of the European Parliament and of the Council , or that animal part is vitamin D3 only.

‘1 Small consignments of products of animal origin, composite products, products derived from animal by-products, plants, plant products and other objects sent to natural persons, which are not intended to be placed on the market, are exempted from official controls at border control posts provided that they belong to at least one of the categories listed in Article 7, points (b) to (g).’;

‘1 The following shelf-stable composite products shall be exempted from official controls at border control posts: (a) 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 of the European Parliament and of the Council , provided they meet the following requirements: (i) they comply with the requirements for entry into the Union laid down in Article 12(2) of Delegated Regulation (EU) 2019/625; (ii) any dairy and egg products contained in the shelf-stable composite products comply with Article 163(1) of Delegated Regulation (EU) 2020/692; (iii) they are identified as intended for human consumption; (iv) they are securely packaged or sealed; and (v) they are listed in the Annex to this Regulation; (b) shelf-stable composite products where all the animal products present in the final composite product fall within the scope of Regulation (EC) No 1332/2008 of the European Parliament and of the Council , Regulation (EC) No 1333/2008 of the European Parliament and of the Council or Regulation (EC) No 1334/2008 of the European Parliament and of the Council , or that animal part is vitamin D3 only.

‘1 The competent authorities shall perform official controls on shelf-stable composite products referred to in Article 3 regularly, on a risk basis and with appropriate frequency, taking into account the criteria referred to in Article 44(2) of Regulation (EU) 2017/625.’.

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