Commission Delegated Regulation (EU) 2021/1703 of 13 July 2021 amending Delegated Regulation (EU) 2020/692 as regards the animal health requirements for the entry into the Union of products of animal origin contained in composite products (Text with EEA relevance)

Published date24 September 2021
Date of Signature13 July 2021
Official Gazette PublicationOfficial Journal of the European Union, L 339, 24 September 2021
Subject MatterProtocol on Ireland/Northern Ireland,Veterinary legislation
L_2021339EN.01002901.xml
24.9.2021 EN Official Journal of the European Union L 339/29

COMMISSION DELEGATED REGULATION (EU) 2021/1703

of 13 July 2021

amending Delegated Regulation (EU) 2020/692 as regards the animal health requirements for the entry into the Union of products of animal origin contained in composite products

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Articles 234(2), 237(4) and 239(2) thereof,

Whereas:

(1) Commission Delegated Regulation (EU) 2020/692 (2) supplements the animal health rules laid down in Regulation (EU) 2016/429, as regards the entry into the Union, and the movement and handling after entry into the Union, of consignments of certain animals, germinal products and products of animal origin. In particular, Articles 162 and 163 of Delegated Regulation (EU) 2020/692 lay down specific requirements for the entry into the Union of products of animal origin contained in composite products. Articles 162 and 163 of Delegated Regulation (EU) 2020/692 do not provide specific requirements for colostrum-based products contained in composite products. This Regulation should therefore clarify the requirements that apply for the entry into the Union of those products when contained in composite products in accordance with the rules applicable to the entry into the Union of colostrum-based products provided for in Article 153 of Delegated Regulation (EU) 2020/692.
(2) Gelatine and collagen fall within the definition of ‘meat products’ provided for in Article 2, point (44), of Delegated Regulation (EU) 2020/692 and therefore only consignments of gelatine and collagen complying with the requirements for entry into the Union of meat products are permitted to enter the Union. However, gelatine and collagen contained in shelf-stable composite products pose a very low animal health risk due to the treatments they undergo during their processing. For this reason, composite products containing only these kind of meat products should be added to the list of composite products covered by the derogation provided for in Article 163 of Delegated Regulation (EU) 2020/692 and therefore not be required to be accompanied by an animal health certificate, but only be required to be accompanied by a declaration instead.
(3) In accordance with Article 163 of Delegated Regulation (EU) 2020/692 shelf-stable composite products not containing meat products are to be accompanied by a declaration prepared and signed by an operator. The processed products of animal origin must however be subject to a strict risk-mitigating treatment that ensures their safety from the animal health point of view. Nevertheless, it would appear disproportionate to require such strict risk-mitigating treatments to dairy products that originate from countries that are authorised for the entry into the Union of raw milk or dairy products. For those third countries, the requirements should be proportionate to the risk posed by the country of origin and the guarantees provided by the competent authorities should be considered. Therefore, Delegated Regulation (EU) 2020/692 should be amended to allow the entry into the Union of shelf-stable composite products containing dairy products that originate from third countries listed for the entry into the Union of raw milk and dairy products not subject to a risk-mitigating treatment, without undergoing any specific risk-mitigating treatment. In addition, Delegated Regulation (EU) 2020/692 should also be amended to allow the entry into the Union of shelf-stable composite products containing dairy products that originate from
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