Amendment to regulations regarding CN and HS codes, and certain goods and composite products exempted from official controls at border control posts

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

Update

The EU has extended and clarified the list of goods and composite products exempted from official controls at border control posts. Specific modifications/clarifications deal with vitamin D3 from lanolin, bee pollen flour, echinoderms, composite products, collagen and gelatine, and samples.

Impacted Products

products of animal origin, composite products, live insects, live snails, bee pollen flour, lanolin, gelatine, collagen

What is changing?

Delegated Regulations (EU) 2019/625, (EU) 2019/2122 and (EU) 2021/630 have been amended, in particular to do the following.

• Re-authorise the import of vitamin D3 derived from lanolin.
• Exempt imports of gelatine capsules from the requirements relating to certification and the listing of establishments, except regarding certification when derived from ruminant bones.
• Correct certain Combined Nomenclature (CN) and Harmonised System (HS) codes for which the products have to be produced in listed third countries in case of export to the EU (Art. 1 modifying Arts. 3, 5, 12, 13 of Regulation (EU) 2019/625).
• For bee pollen flour, to reflect the same public health risk related to the presence of residues of environmental contaminants as for other apiculture products.
• Extend to all echinoderms that are not filter feeders the derogation from the requirement to classify production and on-growing areas.
• Clarify that composite products that do not need to be transported or stored under controlled temperatures, and which contain processed products of animal origin other than processed meat, must only originate from third countries/regions that are listed for animal health and public health for at least one of the following types of product: meat, dairy, colostrum-based, fishery or egg.
• Reinforce conditions for importing shelf-stable composite products containing colostrum-based products, stating that these products should originate from countries authorised to export colostrum-based products to the EU and must be accompanied by an official certificate.
• Clarify that countries exporting collagen and gelatine to the EU do not need to have a residue monitoring plan. This means they do not need to be on the list of authorised third countries for residues (Decision 2011/163/EU), but they still need to be on the public health list of Regulation (EU) 2021/405. However, certain third countries can export to the EU shelf-stable composite products (not containing colostrum-based products or processed meat) if they use processed products of animal origin that have been sourced from either a Member State or a listed third country.
• State that shelf-stable composite products where the only animal products present in the final composite product are vitamin D3, food additives, food enzymes or food flavourings, are exempt from the listing of countries and from the private attestation requirements.
• Clarify the wording when consignments of composite products must be accompanied by a private attestation.
• Update some legal references.
• Clarify which documents must accompany samples exempted from official controls at border control posts, and from which third countries such samples may enter the EU.
• Clarify that shelf-stable composite products containing colostrum-based products or processed meat are not exempt from official controls at border control posts.

Why?

There was a need to update and correct the three Regulations to take into account feedback based on experience as well as the evolution of the regulatory framework and technical/scientific knowledge.

Timeline

In application since 28 June 2022

What are the major implications for exporting countries?

Depending on the products exported to the EU, some conditions are reinforced, or relaxed or clarified/corrected, by this new Delegated Regulation.

Recommended Actions

Those exporting the following products to the EU must check if there is any change in the requirements for:

• vitamin D3 derived from lanolin
• gelatine capsules
• bee pollen flour
• echinoderms that are not filter feeders
• composite products (including shelf-stable)
• collagen and gelatine
• research and diagnostic samples.

Background

Commission Delegated Regulations (EU) 2019/625, (EU) 2019/625 and (EU) 2019/2122 are Delegated Acts that supplement the Official Controls Regulation (EU) 2017/625 regarding the requirements for exports from third countries to the EU of certain animals and goods intended for human consumption, and regarding certain categories of animals and goods exempted from official controls at border control posts.

• Regulation (EU) 2019/625 regarding to requirements for entry into the EU of consignments of certain animals and goods intended for human consumption
• Regulation (EU) 2019/2122 regarding certain categories of animals and goods exempted from official controls at border control posts

Regulation (EU) 2021/630 regarding certain categories of goods exempted from official controls at border control posts

Sources