Commission Implementing Regulation (EU) 2016/759

of 28 April 2016

drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No 2074/2005 and repealing Decision 2003/812/EC

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption1 and in particular Articles 8(1) and 9(4) thereof,
Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption2, and in particular Article 11(1) thereof,

Whereas:

(1)

Regulation (EC) No 854/2004 requires products of animal origin to be imported only from a third country or a part of third country that appears on a list drawn up in accordance with that Regulation.

(2)
Commission Decision 2003/812/EC3 draws up lists of third countries from which Member States are to authorise imports of certain products for human consumption subject to Council Directive 92/118/EEC4. Those lists include a list of third countries or parts of third countries from which imports of gelatine intended for human consumption are authorised. However, there is no list which covers collagen, or raw materials for the production of gelatine and collagen, for human consumption. It is appropriate to draw up such lists.
(3)
In accordance with Regulation (EC) No 853/2004 of the European Parliament and of the Council5, food business operators importing products of animal origin are to ensure that the documents accompanying the consignment meet the requirements of Article 14 of Regulation (EC) No 854/2004. Commission Regulation (EC) No 2074/20056 lays down model certificates for imports of certain products of animal origin intended for human consumption. Those model certificates include outdated references to previous legislation that need to be updated.
(4)
Third countries, parts of third countries and territories listed in Annex II to Commission Decision 2006/766/EC7, in Part 1 of Annex I to Commission Regulation (EC) No 798/20088, in Part 1 of Annex I to Commission Regulation (EC) No 119/20099 or in Part 1 of Annex II to Commission Regulation (EU) No 206/201010 meet the Union requirements with regard to imports of fresh meat and certain fishery products. Those lists could also be used for imports of raw materials for the production of gelatine and collagen. However, less strict requirements should apply if those raw materials have been subjected to certain treatments as provided for in Sections XIV and XV of Annex III to Regulation (EC) No 853/2004.
(5)

Raw materials for the production of gelatine and collagen, whether or not treated, introduced into the Union for transit to a third country, pose a negligible risk to public health. Such raw materials, even when treated, should, however, comply with the relevant animal health requirements. Accordingly, a list of third countries, parts of third countries and territories should be drawn up and model certificates for transit, and storage before transit, of raw materials and treated raw materials for the production of gelatine and collagen should be laid down.

(6)

Due to the geographical situation of Kaliningrad, specific animal health conditions should be laid down for transit via the Union of consignments of raw materials and treated raw materials for the production of gelatine or collagen to and from Russia, which only concern transit through Latvia, Lithuania and Poland.

(7)
In the interest of clarity and simplification of Union legislation, and without prejudice to Commission Decision 2003/863/EC11, the lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction of frogs' legs, snails, gelatine, collagen, raw materials and treated raw materials for the production of gelatine and collagen, and honey, royal jelly and other products of apiculture for human consumption, and the model certificates for those products, should be set out in an Annex to this Regulation. Consequently, the corresponding existing certificates should be deleted from Annex VI to Regulation (EC) No 2074/2005.
(8)

In order to ensure the safety of certain highly refined products of animal origin, specific requirements have been inserted in Annex III to Regulation (EC) No 853/2004. Therefore it is appropriate to draw up the list of countries from which those products may be imported and lay down a model certificate for those products.

(9)
As the lists of third countries, parts of third countries and territories from which Member States are to authorise imports of furred farm game meat products and feathered farm game meat products and leporidae (rabbit and hare) meat and their meat products have been laid down in Commission Decision 2007/777/EC12 and in Regulation (EC) No 119/2009 respectively, Decision 2003/812/EC becomes redundant and should be repealed.
(10)

It is appropriate to introduce a transitional period to allow Member States and food business operators to adapt to the new requirements laid down in this Regulation.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

CHAPTER 1IMPORTS OF CERTAIN PRODUCTS OF ANIMAL ORIGIN

F1Article 1F1Lists of third countries, parts of third countries and territories

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F2Article 2F2Model certificates

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CHAPTER 2TRANSIT OF CERTAIN PRODUCTS OF ANIMAL ORIGIN

F3Article 3Lists of third countries, parts of third countries and territories

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Article 4Model certificate

F41.

The model certificate for the transit through Great Britain of raw materials and treated raw materials for the production of gelatine and collagen intended for human consumption bound for a third country, either by immediate transit or after storage in Great Britain, must be in the form published by the appropriate authority from time to time on its website.

The appropriate authority may from time to time publish on its website guidance on the completion of the model certificate.

References in other legislation which, on or after IP completion day, forms part of F5assimilated law to the model official certificate set out in Annex 3 to this Regulation are to be read as references to the form of certificate referred to in the first sentence of this Article.

2.

Electronic certification and other systems harmonised F6in Great Britain may be used.

F7Article 5Derogation for transit through Latvia, Lithuania and Poland

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CHAPTER 3FINAL PROVISIONS

Article 6Amendment

Annex VI to Regulation (EC) No 2074/2005 is amended as follows:

  1. (1)

    in Section I, Chapters I, II, III and VI are deleted;

  2. (2)

    Appendices I, II, III and VI are deleted.

Article 7Repeal

Decision 2003/812/EC is repealed.

Article 8Transitional provisions

Consignments of products of animal origin in respect of which the relevant certificates have been issued in accordance with Regulation (EC) No 2074/2005 may continue to be introduced into the Union provided that the certificate was signed before 3 December 2016.

Article 9Entry into force

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

F8...

F1 ANNEX I F1Lists of third countries, parts of third countries and territories as referred to in Article 1

F1PART IFROGS' LEGS

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F1PART IISNAILS

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F1PART IIIGELATINE AND COLLAGEN INTENDED FOR HUMAN CONSUMPTION

F1SECTION AGelatine and collagen derived from bovine, ovine, caprine, porcine and equine animals, both farmed and wild

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F1SECTION BGelatine and collagen derived from poultry including ratites and feathered game

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F1SECTION CGelatine and collagen derived from fishery products

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F1SECTION DGelatine and collagen derived from leporidae and from wild land mammals not referred to in Section A

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F1PART IVRAW MATERIALS FOR THE PRODUCTION OF GELATINE AND COLLAGEN INTENDED FOR HUMAN CONSUMPTION

F1SECTION ARaw materials from bovine, ovine, caprine, porcine and equine animals, both farmed and wild

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F1SECTION BRaw materials from poultry including ratites and feathered game

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F1SECTION CRaw materials from fishery products

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F1SECTION DRaw materials from leporidae and from wild land mammals not referred to in Section A

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F1PART VTREATED RAW MATERIALS FOR THE PRODUCTION OF GELATINE AND COLLAGEN INTENDED FOR HUMAN CONSUMPTION

F1SECTION ATreated raw materials from bovine, ovine, caprine, porcine and equine animals, both farmed and wild

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F1SECTION BTreated raw materials from poultry including ratites and feathered game

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F1SECTION CTreated raw materials from fishery products

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F1SECTION DTreated raw materials from leporidae and wild land mammals not referred to in Section A

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F1SECTION ETreated raw materials referred to in Annex III to Regulation (EC) No 853/2004, Section XIV, Chapter I point 4(b)(iii) and Section XV, Chapter I, point 4(b)(iii)

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F1PART VIHONEY, ROYAL JELLY AND OTHER PRODUCTS OF APICULTURE INTENDED FOR HUMAN CONSUMPTION

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F1PART VIIHIGHLY REFINED CHONDROITIN SULPHATE, HYALURONIC ACID, OTHER HYDROLYSED CARTILAGE PRODUCTS, CHITOSAN, GLUCOSAMINE, RENNET, ISINGLASS AND AMINO ACIDS FOR HUMAN CONSUMPTION

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F2ANNEX II F2Model certificates as referred to in Article 2

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F9ANNEX IIIMODEL CERTIFICATE FOR THE TRANSIT THROUGH THE UNION, IMMEDIATE TRANSIT OR AFTER STORAGE, FOR RAW MATERIALS OR TREATED RAW MATERIALS FOR THE PRODUCTION OF GELATINE/COLLAGEN FOR HUMAN CONSUMPTION

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F9ANNEX IVEXPLANATORY NOTES FOR COMPLETING THE CERTIFICATES(referred to in Articles 2(1) and 4(1))

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