Model private attestations for shelf-stable composite products containing dairy

Commission Implementing Regulation (EU) 2022/7 of 5 January 2022 amending Annex V to Implementing Regulation (EU) 2020/2235 as regards the animal health requirements for the entry into the Union of dairy products contained in shelf-stable composite products

Update

The European Commission has replaced the model private attestation that must be completed by operators for shelf-stable composite products containing dairy products. This updated version takes into account modifications made to other Regulations dealing with risk-mitigating treatments for dairy products.

Impacted Products

shelf-stable composite products containing dairy products

What is changing?

The EU has modified the animal health private attestation to include cases where dairy products contained in a composite product either:

• have not undergone a specific risk-mitigating treatment; or
• have undergone a specific risk-mitigating treatment provided for in column A or B of the table set out in Annex XXVII to Delegated Regulation (EU) 2020/692; or
• “have undergone a specific risk-mitigating treatment at least equivalent to one of the treatments provided for in column B of the table set out in Annex XXVII to Delegated Regulation (EU) 2020/692” (this option remains with no modification).

Footnotes associated with these three cases have been added/completed.

Why?

The private attestation was not complete regarding risk-mitigating treatments for dairy products. It needed to take into account the modification of Delegated Regulation (EU) 2020/692 by Delegated Regulation (EU) 2021/1703.

Timeline

Date of publication: 6 January 2022

Date of entry into application: 7 January 2022

What are the major implications for exporting countries?

When there is a modification to certificates or attestations, it is important to use the updated version to avoid any risk of rejection at the EU border.

Recommended Actions

For exporters to the EU of shelf-stable composite products containing dairy products, it is important to use the new animal health private attestation.

Background

Countries exporting live animals and products of animal origin to the EU must send consignments together with animal health/official certificates signed by their official veterinarians. The aim is to guarantee that the consignments fulfil EU legislative requirements.

In the case of shelf-stable composite products containing dairy products, as the risk is lower, a private attestation for the animal health requirement is sufficient. It has to be signed by a representative of the importing food business operator.

These private attestations/certificates are laid down by Regulation (EU) 2020/2235 for certain categories of animals (fish, insects, snails), products of animal origin, composite products, and sprouts and seeds, in compliance with the Animal Health Law Regulation (EU) 2016/429 and the Official Controls Regulation (EU) 2017/625.

In addition, Delegated Regulation (EU) 2020/692 supplements animal health rules regarding export to the EU of certain products of animal origin. Article 163, amended by Delegated Regulation (EU) 2021/1703, lays down specific requirements for export to the EU of products of animal origin contained in shelf-stable composite products. Among others, Article 163 lays down risk-mitigating treatment requirements applicable to dairy products contained in such composite products, taking into account the health status of the third country or territory, or zone of origin.

Resources

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