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Regulation (EU) 2017/625 of the European Parliament and of the CouncilShow full title

Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance)

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After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.

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CHAPTER IIU.K.Transitional and final provisions

Article 146U.K.Repeals

1.Regulations (EC) No 854/2004 and (EC) No 882/2004, Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Decision 92/438/EEC, are repealed with effect from 14 December 2019.

2.References to the repealed acts shall be construed as references to this Regulation and shall be read in accordance with the correlation tables in Annex V.

F1Article 147U.K.Relation with Regulation (EC) No 882/2004

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Textual Amendments

Article 148U.K.Relation with Regulations (EC) No 852/2004 and (EC) No 853/2004 regarding approval of food business establishments

1.Competent authorities shall establish procedures for food business operators to follow when applying for the approval of their establishments in accordance with Regulations (EC) No 852/2004 and (EC) No 853/2004.

2.Upon receipt of an application for approval from a food business operator, the competent authority shall make an on-site visit.

3.The competent authority shall approve an establishment for the activities concerned only if the food business operator has demonstrated that it complies with the relevant requirements of food law.

4.The competent authority may grant conditional approval if it appears that the establishment meets all the infrastructure and equipment requirements. It shall grant full approval only if it appears from a new official control of the establishment, carried out within three months of granting conditional approval, that the establishment meets the other relevant requirements of food law. If clear progress has been made but the establishment still does not meet all of the relevant requirements, the competent authority may prolong the conditional approval. However, conditional approval shall not exceed a total of six months, except in the case of factory and freezer vessels flying the flag of [F2the United Kingdom], for which such conditional approval shall not exceed a total of 12 months.

5.The competent authority shall keep the approval of establishments under review when carrying out official controls.

Textual Amendments

F3Article 149U.K.Transitional measures related to the repeals of Directives 91/496/EEC and 97/78/EC

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Textual Amendments

Article 150U.K.Transitional measures related to the repeal of Directive 96/23/EC

1.Competent authorities shall continue to perform the official controls necessary to detect the presence of the substances and groups of residues listed in [F4legislation which transposed] Annex I to Directive 96/23/EC, in accordance with F5... Annexes II, III and IV to that Directive, instead of the corresponding provisions of this Regulation, until [F6the date specified in ][F7 regulations made under] paragraph 3 of this Article.

2.[F8Legislation which transposed] Article 29(1) and (2) of Directive 96/23/EC shall continue to apply instead of the corresponding provisions of this Regulation until  [F9the date specified in] [F10 regulations made under] paragraph 3 of this Article.

[F113.The appropriate authority may make regulations specifying—

(a)the date for the purposes of paragraph 1;

(b)the date for the purposes of paragraph 2.]

Textual Amendments

F12Article 151U.K.Amendments to Directive 98/58/EC

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Textual Amendments

F13Article 152U.K.Amendments to Directive 1999/74/EC

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Textual Amendments

Article 153U.K.Amendments to Regulation (EC) No 999/2001

Regulation (EC) No 999/2001 is amended as follows:

(1)

Articles 19 and 21 are deleted;

(2)

in Annex X, Chapters A and B are deleted.

Article 154U.K.Amendments to Regulation (EC) No 1/2005 and related transitional measures

1.Regulation (EC) No 1/2005 is amended as follows:

(1)

Article 2 is amended as follows:

(a)

point (d) is replaced by the following:

‘(d)

“border inspection post” means a border control post as defined in Article 3(38) of Regulation [X1(EU) 2017/625] of the European Parliament and of the Council(1);’;

(b)

point (f) is replaced the following:

‘(f)

“competent authority” means competent authorities as defined in Article 3(3) of Regulation [X1(EU) 2017/625’];

(c)

point (i) is replaced by the following:

‘(i)

“exit point” means an exit point as defined in Article 3(39) of Regulation [X1(EU) 2017/625’];

(d)

point (p) is replaced by the following:

‘(p)

“official veterinarian” means an official veterinarian as defined in Article 3(32) of Regulation [X1(EU) 2017/625’].

(2)

Articles 14, 15, 16 and 21, Article 22(2), and Articles 23, 24 and 26 are deleted.

(3)

Article 27 is amended as follows:

(a)

paragraph 1 is deleted;

(b)

paragraph 2 is replaced by the following:

‘2.Member States shall submit to the Commission by 31 August each year an annual report for the previous year on the inspections carried by the competent authority to verify compliance with the requirements of this Regulation. The report shall be accompanied by an analysis of the major deficiencies detected and an action plan to address them.’;

(4)

Article 28 is deleted.

2.Articles 14, 15, 16 and 21, Article 22(2), and Articles 23 F14... and 26 of Regulation (EC) No 1/2005 shall continue to apply, instead of the corresponding provisions of this Regulation, until [F15such date as may be specified in regulations made by the appropriate authority] F16....

F173.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Subordinate Legislation Made

Textual Amendments

Article 155U.K.Amendments to Regulation (EC) No 396/2005 and related transitional measures

1.Articles 26 and 27, Article 28(1) and (2) and Article 30 of Regulation (EC) No 396/2005 are deleted.

2.Article 26, Article 27(1) and Article 30 of Regulation (EC) No 396/2005 shall continue to apply instead of the corresponding provisions of this Regulation until [F18such date as may be specified in regulations made by the appropriate authority] paragraph 3 of this Article.

F193.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 156U.K.Amendments to Directive 2007/43/EC

Directive 2007/43/EC is amended as follows:

(1)

In Article 2(1), points (c) and (d) are replaced by the following:

‘(c)

“competent authorities” means competent authorities as defined in Article 3(3) of Regulation [X1(EU) 2017/625] of the European Parliament and of the Council(2);

(d)

“official veterinarian” means an official veterinarian as defined in Article 3(32) of Regulation [X1(EU) 2017/625];’;

(2)

Article 7 is amended as follows:

(a)

paragraph 1 is deleted;

(b)

paragraph 2 is replaced by the following:

‘2.Member States shall submit to the Commission by 31 August each year an annual report for the previous year on the inspections carried out by the competent authority to check compliance with the requirements of this Directive. The report shall be accompanied by an analysis of the most serious findings of non–compliance and a national action plan to prevent or decrease their occurrence for the forthcoming years. The Commission shall submit summaries of those reports to the Member States.’.

Editorial Information

Article 157U.K.Amendments to Directive 2008/119/EC

Directive 2008/119/EC is amended as follows:

(1)

In Article 2, point (2) is replaced by the following:

‘2.

“competent authorities” means competent authorities as defined in Article 3(3) of Regulation [X1(EU) 2017/625] of the European Parliament and of the Council(3).’;

(2)

Article 7 is amended as follows:

(a)

paragraphs 1 and 2 are deleted;

(b)

paragraph 3 is replaced by the following:

‘3.Member States shall submit to the Commission by 31 August each year an annual report for the previous year on the inspections carried out by the competent authority to check compliance with the requirements of this Directive. The report shall be accompanied by an analysis of the most serious findings of non–compliance and a national action plan to prevent or decrease their occurrence for the forthcoming years. The Commission shall submit summaries of those reports to the Member States.’;

(3)

Article 9 is deleted.

Editorial Information

Article 158U.K.Amendments to Directive 2008/120/EC

Directive 2008/120/EC is amended as follows:

(1)

In Article 2, point (10) is replaced by the following:

‘10.

“competent authorities” means competent authorities as defined in Article 3(3) of Regulation [X1(EU) 2017/625] of the European Parliament and of the Council(4).’;

(2)

Article 8 is amended as follows:

(a)

paragraphs 1 and 2 are deleted;

(b)

paragraph 3 is replaced by the following:

‘3.Member States shall submit to the Commission by 31 August each year an annual report for the previous year on the inspections carried out by the competent authority to check compliance with the requirements of this Directive. The report shall be accompanied by an analysis of the most serious findings of non–compliance and a national action plan to prevent or decrease their occurrence for the forthcoming years. The Commission shall submit summaries of those reports to the Member States.’;

(3)

Article 10 is deleted.

Editorial Information

Article 159U.K.Amendments to Regulation (EC) No 1099/2009

Regulation (EC) No 1099/2009 is amended as follows:

(1)

In Article 2, point (q) is replaced by the following:

‘(q)

“competent authorities” means competent authorities as defined in point (3) of Article 3 of Regulation [X1(EU) 2017/625] of the European Parliament and of the Council(5).’;

(2)

Article 22 is deleted.

Editorial Information

Article 160U.K.Amendments to Regulation (EC) No 1069/2009

Regulation (EC) No 1069/2009 is amended as follows:

(1)

Article 3 is amended as follows:

(a)

point (10) is replaced by the following:

‘10.

“competent authority” means competent authorities as defined in point (3) of Article 3 of Regulation [X1(EU) 2017/625] of the European Parliament and of the Council(6).’;

(b)

point (15) is replaced by the following:

‘15.

“transit” means transit as defined in Article 3(44) of Regulation [X1(EU) 2017/625].’;

(2)

Articles 45, 49 and 50 are deleted.

Editorial Information

Article 161U.K.Amendments to Regulation (EC) No 1107/2009

Regulation (EC) No 1107/2009 is amended as follows:

(1)

Article 68 is amended as follows:

(a)

the first paragraph is replaced by the following:

‘Member States shall submit to the Commission by 31 August each year a report, for the previous year, on the scope and the outcome of the official controls performed in order to verify compliance with this Regulation’;

(b)

the second and third paragraphs are deleted.

(2)

point (n) of Article 78(1) is deleted.

Article 162U.K.Amendments to Regulation (EU) No 1151/2012

Regulation (EU) No 1151/2012 is amended as follows:

(1)

Article 36 is amended as follows:

(a)

the heading is replaced by the following: ‘Content of official controls’;

(b)

paragraphs 1 and 2 are deleted;

(c)

in paragraph 3, the introductory phrase is replaced by the following:

‘3.Official controls performed in accordance with Regulation [X1(EU) 2017/625] of the European Parliament and of the Council(7) shall cover:’;

(2)

Article 37 is amended as follows:

(a)

in paragraph 1, the first subparagraph is replaced by the following:

‘1.In respect of protected designations of origin, protected geographical indications and traditional specialities guaranteed that designate products originating within [F20Great Britain], verification of compliance with the product specification, before placing the product on the market, shall be carried out by:

(a)the competent authorities designated in accordance with Article 4 of Regulation [X1(EU) 2017/625]; or

(b)delegated bodies as defined in Article 3(5) of Regulation [X1(EU) 2017/625].’;

(b)

in paragraph 3, the first subparagraph is deleted;

(c)

in paragraph 4, the words ‘paragraphs 1 and 2’ are replaced by the words: ‘paragraph 2’;

(3)

Article 38 is deleted;

(4)

Article 39 is replaced by the following:

‘Article 39Delegated bodies performing controls in third countries

The delegated bodies performing controls in the third countries referred to in paragraph 2(b) of Article 37 shall be accredited to the relevant harmonised standard for “Conformity assessment- Requirements for bodies certifying products, processes and services”. These delegated bodies may be accredited either by a national accreditation body outside [F21Great Britain], in accordance with Regulation (EC) No 765/2008, or by an accreditation body outside [F21Great Britain] that is a signatory of a multilateral recognition arrangement under the auspices of the International Accreditation Forum.’.

Editorial Information

Textual Amendments

F22Article 163U.K.Amendments to Regulation (EU) No 652/2014

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Textual Amendments

Article 164U.K.Amendments to Regulation (EU) 2016/429 and related transitional provisions

1.Regulation (EU) 2016/429 is amended as follows:

(1)

Article 4 is amended as follows:

(a)

point (33) is replaced by the following:

‘(33)

“official control” means any form of control performed in accordance with Regulation [X1(EU) 2017/625] of the European Parliament and of the Council(8);’;

(b)

point (51) is replaced by the following:

‘(51)

“Traces” means a system component integrated into the IMSOC as referred to in Articles 131 to 136 of Regulation [X1(EU) 2017/625];’;

(c)

point (53) is replaced by the following:

‘(53)

“official veterinarian” means an official veterinarian as defined in Article 3(32) of Regulation [X1(EU) 2017/625];’;

(d)

point (55) is replaced by the following:

‘(55)

“competent authority” means the central veterinary authority of a Member State responsible for the organisation of official controls and any other official activities in accordance with this Regulation and Regulation [X1(EU) 2017/625], or any other authority to which that responsibility has been delegated;’;

(2)

in Article 229, paragraph (2) is replaced by the following:

‘2.The operators responsible for the consignment in question shall present consignments of animals, germinal products and products of animal origin from third countries or territories for the purposes of official control as provided for in Article 47 of Regulation [X1(EU) 2017/625].’;

(3)

Article 281 is deleted.

2.The following provisions shall continue to apply in relation to the matters governed by Regulation (EU) 2016/429, until the date of application of that Regulation:

(a)Article 9 of Directive 89/662/EEC;

(b)Article 10 of Directive 90/425/EEC;

(c)Article 18(1), (3), (4), (5), (6), (7) and (8) of Directive 91/496/EEC;

(d)Article 22(1), (3), (4), (5), (6) and (7) of Directive 97/78/EC.

3.Having regard to Article 14 of Regulation (EU) 2016/429 and notwithstanding the date of application provided for in that Regulation, for the purpose of Article 31(2) of this Regulation, the condition for its application shall be considered to be fulfilled already from 14 December 2019.

Editorial Information

F23Article 165U.K.Amendments to Regulation (EU) 2016/2031 and related transitional provisions

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Textual Amendments

F24Article 166U.K.Transitional measures for the adoption of delegated and implementing acts

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Textual Amendments

Article 167U.K.Entry into force and application

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

Unless otherwise provided for in paragraphs 2 to 4, it shall apply from 14 December 2019.

2.In the area governed by the rules referred to in point (g) of Article 1(2), Article 34(1), (2) and (3), point (e) of Article 37(4) and Article 37(5) shall apply from 29 April 2022.

3.Articles 92 to 101 of this Regulation shall apply from 29 April 2018, instead of Articles 32 and 33 of Regulation (EC) No 882/2004, which is repealed by this Regulation.

4.Article 163 shall apply from 28 April 2017.

[F25Article 168U.K.Derogations and modifications for transitional purposes

The provisions of this Regulation apply subject to the transitional derogations and modifications specified in Annex 6 [F26and Annex 7].]

Textual Amendments

Modifications etc. (not altering text)

(1)

Regulation [X1(EU) 2017/625] of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( [X1OJ L 95, 7.4.2017, p. 1] ).’;

(2)

Regulation [X1(EU) 2017/625] of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( [X1OJ L 95, 7.4.2017, p. 1] ).’;

(3)

Regulation [X1(EU) 2017/625] of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( [X1OJ L 95, 7.4.2017, p. 1] ).’;

(4)

Regulation [X1(EU) 2017/625] of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( [X1OJ L 95, 7.4.2017, p. 1] ).’;

(5)

Regulation [X1(EU) 2017/625] of the European parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( [X1OJ L 95, 7.4.2017, p. 1] ).’;

(6)

Regulation [X1(EU) 2017/625] of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( [X1OJ L 95, 7.4.2017, p. 1] ).’;

(7)

Regulation [X1(EU) 2017/625] of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( [X1OJ L 95, 7.4.2017, p. 1] ).’;

(8)

Regulation [X1(EU) 2017/625] of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( [X1OJ L 95, 7.4.2017, p. 1] ).’;

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