COMMISSION IMPLEMENTING REGULATION (EU) 2021/1709
of 23 September 2021
amending Implementing Regulation (EU) 2019/627 as regards uniform practical arrangements for the performance of official controls on products of animal origin
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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) (1), and in particular Article 18(8) thereof,
Whereas:
| (1) | Regulation (EU) 2017/625 lays down rules for the official controls and other official activities performed by the competent authorities of the Member States to verify compliance with Union legislation, inter alia, in the area of food safety at all stages of production, processing and distribution. In particular, it provides for official controls in relation to products of animal origin intended for human consumption. |
| (2) | Commission Implementing Regulation (EU) 2019/627 (2) lays down rules on the practical arrangements for the performance of official controls on products of animal origin in accordance with Article 18(8) of Regulation (EU) 2017/625. |
| (3) | Since the date of application of Implementing Regulation (EU) 2019/627 on 14 December 2019, experiences on the practical implementation of this Regulation highlighted the need for more clarity of certain legal provisions, in particular with regard to certain practical arrangements for post-mortem inspection and recognised methods for detection of marine biotoxins in bivalve molluscs. |
| (4) | As regards practical arrangements for post-mortem inspection, Implementing Regulation (EU) 2019/627 should not specify who is to carry out the additional practical arrangements for post-mortem inspection in case of a possible risk to human health, animal health or animal welfare. Whether the official veterinarian or the official auxiliary should carry out post-mortem inspection is already laid down in Article 18.2(c) of Regulation (EU) 2017/625, supplemented by Articles 7 and 8 of Commission Delegated Regulation (EU) 2019/624 (3) and is therefore not required in Implementing Regulation (EU) 2019/627. In addition, a duplication of the requirement for an incision of the bronchial and mediastinal lymph nodes in Article 19(1)(b) and (2)(b) should be avoided. |
| (5) | In addition, requirements for post-mortem inspection for farmed game contain duplications in particular with regard to requirements applicable to the family of Suidae. The requirements should be further clarified to facilitate implementation of the Regulation. |
| (6) | Article 22 of Council Regulation (EC) No 1099/2009 (4) has been deleted from 14 December 2019 on by Regulation (EU) 2017/625. Measures in cases of noncompliance with the requirements for animal welfare, referred to in that Article were replaced by provisions in Article 138 of Regulation (EU) 2017/625. The reference to Article 22 of Regulation (EC) No 1099/2009 in Article 44(1) of Implementing Regulation (EU) 2019/627 should therefore be deleted accordingly. |
| (8) | Article 4 of Directive 2010/63/EU of the European Parliament and of the Council (7) requires Member States to ensure that, wherever possible, a method not entailing the use of live animals is to be used. Taking into account that for the detection of Paralytic Shellfish Poisoning (PSP) toxins the Standard EN 14526 is available as an alternative method, complying with the conditions of Article 4 of Directive 2010/63/EU, the use of the mouse bioassay should therefore be discontinued. |
| (9) | Live bivalve molluscs placed on the market are not to contain marine biotoxins that exceed the limits established in Annex III, Section VII, Chapter V (2) of Regulation (EC) No 853/2004 of the European Parliament and of the Council (8). Regarding Pectenotoxins (PTX), the European Food Safety Authority (EFSA) has concluded that there are no reports on adverse effects in humans associated with Pectenotoxins (PTX) group toxins (9). As PTX have been removed from the health standards for live bivalve molluscs in Commission Delegated Regulation (EU) 2021/1374 (10) , it is therefore appropriate to remove them as well from the provisions of Implementing Regulation (EU) 2019/627. |
| (10) | Fishery products derived from aquaculture are to be tested in accordance with Council Directive 96/23/EC (11) and Commission Decision 97/747/EC (12) as regards contaminants and pesticides. Wild caught fishery products should also be tested to establish compliance as regards contaminants in accordance with Commission Regulation (EC) No 1881/2006 (13). The current legislation should be modified accordingly. |
| (12) | 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:
