Commission Implementing Regulation (EU) 2019/628Show full title

Article 1 Subject matter and scope

1. This Regulation lays down:

(a) rules for the uniform application of Articles 88 and 89 of Regulation (EU) 2017/625 as regards the signature and issuance of official certificates and the guarantees of reliability for official certificates, in order to comply with the requirements of Article 126(2)(c) of that Regulation;

(b) requirements for model official certificates which are not submitted in IMSOC;

(c) requirements for model official certificates which are submitted in IMSOC;

(d) requirements for replacement certificates.

2. This Regulation also sets out:

(a) model official certificates for the entry into the Union of animals, products of animal origin, composite products, germinal products and animal by-products and notes for its completion;

(b) specific model official certificates for the entry into the Union of the following animals and goods intended for human consumption and placing on the market:

(i)

products of animal origin for which such certificate is required in accordance with Article 13 of Delegated Regulation (EU) 2019/625;

(ii)

live insects;

(iii)

sprouts and seeds intended for the production of sprouts;

(c) model official certificates in the case of ante-mortem inspection at the holding of provenance or in the case of emergency slaughter outside the slaughterhouse.

Article 2 Definitions

For the purpose of this Regulation, the following definitions shall apply:

(1)

‘placing on the market’ means placing on the market as defined in point (8) of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council(1);

(2)

‘sprouts’ means sprouts as defined in point (a) of Article 2 of Commission Implementing Regulation (EU) No 208/2013(2);

(3)

‘slaughterhouse’ means a slaughterhouse as defined in point 1.16 of Annex I to Regulation (EC) No 853/2004;

(4)

‘fresh meat’ means fresh meat as defined in point 1.10 of Annex I to Regulation (EC) No 853/2004;

(5)

‘meat’ means meat as defined in point 1.1 of Annex I to Regulation (EC) No 853/2004;

(6)

‘poultry’ means poultry as defined in point 1.3 of Annex I to Regulation (EC) No 853/2004;

(7)

‘wild game’ means wild game as defined in point 1.5 of Annex I to Regulation (EC) No 853/2004;

(8)

‘eggs’ means eggs as defined in point 5.1 of Annex I to Regulation (EC) No 853/2004;

(9)

‘egg products’ means egg products as defined in point 7.3 of Annex I to Regulation (EC) No 853/2004;

(10)

‘meat preparations’ means meat preparations as defined in point 1.15 of Annex I to Regulation (EC) No 853/2004;

(11)

‘meat products’ means meat products as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004;

(12)

‘treated stomachs, bladders and intestines’ means treated stomachs, bladders and intestines as defined in point 7.9 of Annex I to Regulation (EC) No 853/2004;

(13)

‘bivalve molluscs’ means bivalve molluscs as defined in point 2.1 of Annex I to Regulation (EC) No 853/2004;

(14)

‘fishery products’ means fishery products as defined in point 3.1 of Annex I to Regulation (EC) No 853/2004;

(15)

‘raw milk’ means raw milk as defined in point 4.1 of Annex I to Regulation (EC) No 853/2004;

(16)

‘dairy products’ means dairy products as defined in point 7.2. of Annex I to Regulation (EC) No 853/2004;

(17)

‘colostrum’ means colostrum as defined in point 1 of Section IX of Annex III of Regulation (EC) No 853/2004;

(18)

‘colostrum-based products’ means colostrum-based products as defined in points 2 of Section IX of Annex III of Regulation (EC) No 853/2004;

(19)

‘frogs’ legs' means frogs' legs as defined in point 6.1 of Annex I to Regulation (EC) No 853/2004;

(20)

‘snails’ means snails as defined in point 6.2 of Annex I to Regulation (EC) No 853/2004;

(21)

‘rendered animal fat’ means rendered animal fat defined in point 7.5 of Annex I to Regulation (EC) No 853/2004;

(22)

‘greaves’ means greaves as defined in point 7.6 of Annex I to Regulation (EC) No 853/2004;

(23)

‘gelatine’ means gelatine as defined in point 7.7 of Annex I to Regulation (EC) No 853/2004;

(24)

‘collagen’ means collagen as defined in point 7.8 of Annex I to Regulation (EC) No 853/2004;

(25)

‘honey’ means honey as defined in point 1 of Part IX of Annex II to Regulation (EU) No 1308/2013 of the European Parliament and of the Council(3);

(26)

‘apiculture products’ means apiculture products as defined in point 2 of Part IX of Annex II to Regulation (EU) No 1308/2013;

(27)

‘reptile meat’ means reptile meat as defined in point (16) of Article 2 of Delegated Regulation (EU) 2019/625;

(28)

‘insects’ means insects as defined in point (17) of Article 2 of Delegated Regulation (EU) 2019/625;

(29)

‘reefer vessel’ means a reefer vessel as defined in point (26) of Article 2 of Delegated Regulation (EU) 2019/625;

(30)

‘freezer vessel’ means a freezer vessel as defined in point 3.3 of Annex I to Regulation (EC) No 853/2004;

(31)

‘factory vessel’ means a factory vessel as defined in point 3.2 of Annex I to Regulation (EC) No 853/2004;

(32)

‘production area’ means a production area as defined in point 2.5 of Annex I to Regulation (EC) No 853/2004;

(33)

‘dispatch centre’ means a dispatch centre as defined in point 2.7 of Annex I to Regulation (EC) No 853/2004;

(34)

‘mechanically separated meat’ means mechanically separated meat as defined in point 1.14 of Annex I to Regulation (EC) No 853/2004;

(35)

‘game-handling establishment’ means a game-handling establishment as defined in point 1.18 of Annex I to Regulation (EC) No 853/2004;

(36)

‘cutting plant’ means a cutting plant as defined in point 1.17 of Annex I to Regulation (EC) No 853/2004;

(37)

‘farmed game’ means farmed game as defined in point 1.6 of Annex I to Regulation (EC) No 853/2004.

Article 3 Requirements for model official certificates not submitted in IMSOC

The model official certificates for those animals, products of animal origin, composite products, germinal products, animal by-products, sprouts and seeds intended for the production of sprouts originating from third countries or regions thereof which are required by Union legislation for the entry into the Union and are not submitted in IMSOC, shall meet the following requirements:

(1)

In addition to the signature of the certifying officer, the certificate shall bear an official stamp. The colour of signature shall be different to the colour of the printing. This requirement also applies to stamps other than those embossed or watermarked.

(2)

Where the model certificate contains statements, the statements which are not relevant shall be crossed out, initialled and stamped by the certifying officer, or completely removed from the certificate.

(3)

The certificate shall consist of:

(a)

a single sheet of paper; or

(b)

several sheets of paper where all sheets are indivisible and constitute an integral whole; or

(c)

a sequence of pages numbered so as to indicate that it is a particular page in a finite sequence.

(4)

Where the certificate consists of a sequence of pages, each page shall indicate the unique code as referred to in Article 89(1)(a) of Regulation (EU) 2017/625 and bear the signature of the certifying officer and the official stamp.

(5)

The certificate shall be issued before the consignment to which it relates leaves the control of the competent authorities of the third country issuing the certificate.

Article 4 Requirements for model official certificates submitted in IMSOC

1. The model official certificates for the entry into the Union of animals, products of animal origin, composite products, germinal products and animal by-products originating from third countries or regions thereof, submitted in IMSOC, shall be based on the model official certificate laid down in Annex I.

2. Part II of the model official certificates referred to in paragraph 1 shall include the specific health guarantees and the information as required in Part II of the relevant model official certificates for those animals, products of animal origin, composite products, germinal products and animal by-products originating from third countries or regions thereof which are required by Union legislation for the entry into the Union.

3. The official certificate shall be submitted in IMSOC before the consignment to which it relates leaves the control of the competent authorities of the third country issuing the certificate.

4. The requirements laid down in this Article shall not affect the nature, content and format of the official certificates or attestations referred to in Article 73(2)(b) and (c) and Article 129(2)(a) of Regulation (EU) 2017/625.

Article 5 Replacement certificates

1. Competent authorities may issue a replacement certificate only in the case of administrative errors in the initial certificate or where the initial certificate has been damaged or lost.

2. The replacement certificate shall not modify information in the initial certificate concerning the identification, traceability and health guarantees of consignments.

3. In addition, the replacement certificate shall:

(a) make clear reference to the unique code referred to in Article 89(1)(a) of Regulation (EU) 2017/625 and the date of issue of the initial certificate, and clearly state that it replaces the initial certificate;

(b) have a new certificate number different to that of the initial certificate;

(c) carry the date when it was issued, as opposed to the date of issue of the initial certificate; and

(d) be presented in its original to the competent authorities, except in the case of electronic replacement certificates submitted in IMSOC.

Article 6 Notes on the completion of model official certificates

The model official certificates referred to in Articles 12, 13 and 15 to 27 shall be completed on the basis of the notes set out in Annex II.

Article 7 Model official certificates for the entry into the Union for placing on the market of fresh meat of ungulates

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificates ‘BOV’, ‘OVI’, ‘POR’, ‘EQU’, ‘RUF’, ‘RUW’, ‘SUF’, ‘SUW’ and ‘EQW’ set out in Part 2 of Annex II to Commission Regulation (EU) No 206/2010(4) shall be used for the entry into the Union for placing on the market of fresh meat of ungulates.

Article 8 Model official certificates for the entry into the Union for placing on the market of meat of poultry, ratites and wild game birds, eggs and egg products

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificates ‘POU’, ‘POU-MI/MSM’, ‘RAT’, ‘RAT-MI/MSM’, ‘WGM’, ‘WGM-MI/MSM’, ‘E’ and ‘EP’ set out in Part 2 of Annex I to Commission Regulation (EC) No 798/2008(5) shall be used for the entry into the Union for placing on the market of meat of poultry, ratites and wild game birds, egg and egg products.

Article 9 Model official certificates for the entry into the Union for placing on the market of meat of wild leporidae, of certain wild land mammals and of farmed rabbits

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificates ‘WL’, ‘WM’ and ‘RM’ set out in Annex II to Commission Regulation (EC) No 119/2009(6) shall be used for the entry into the Union for placing on the market of meat of wild leporidae, of certain wild land mammals and of farmed rabbits.

Article 10 Model official certificate for the entry into the Union for placing on the market of meat preparations

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Annex II to Commission Decision 2000/572/EC(7) shall be used for the entry into the Union for placing on the market of meat preparations.

Article 11 Model official certificates for the entry into the Union for placing on the market of certain meat products and treated stomachs, bladders and intestines

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Annex III to Commission Decision 2007/777/EC(8) shall be used for the entry into the Union for placing on the market of certain meat products and treated stomachs, bladders and intestines. However, in the case of the entry into the Union for placing on the market of casings, the animal health certificate set out in Annex I A to Commission Decision 2003/779/EC(9) shall be used.

Article 12 Model official certificates for the entry into the Union for placing on the market of live bivalve molluscs, echinoderms, tunicates and marine gastropods

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Chapter A of Part I of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of live bivalve molluscs, echinoderms, tunicates and marine gastropods. In the case of the entry into the Union and placing on the market of processed bivalve molluscs belonging to the species Acanthocardia tuberculatum, the model official certification set out in Chapter B of Part I of Annex III to this Regulation shall be added to the certificate referred to in the first sentence.

Article 13 Model official certificates for the entry into the Union for placing on the market of fishery products

1. To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Chapter A of Part II of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of fishery products.

2. In the case of fishery products caught by vessels flying the flag of a Member State and transferred in third countries with or without storage, the model certificate set out in Chapter B of Part II of Annex III to this Regulation shall be used.

3. To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate to be signed by the captain, set out in Chapter C of Part II to Annex III to this Regulation shall be used when fishery products are imported directly from a reefer, freezer or factory vessel as provided for in Article 11(3) of Delegated Regulation (EU) 2019/625.

Article 14 Model official certificates for the entry into the Union for placing on the market of raw milk, colostrum, dairy products and colostrum-based products

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificates ‘Milk-RM’, ‘Milk-RMP’, ‘Milk-HTB’, ‘Milk-HTC’ and ‘Colostrum-C/CPB’ set out in Part 2 of Annex II to Commission Regulation (EU) No 605/2010(10) shall be used for the entry into the Union for placing on the market of raw milk, colostrum, dairy products and colostrum-based products.

Article 15 Model official certificate for the entry into the Union for placing on the market of chilled, frozen or prepared frogs' legs intended for human consumption

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out Part III of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of chilled, frozen or prepared frogs' legs intended for human consumption.

Article 16 Model official certificate for the entry into the Union for placing on the market of chilled, frozen, shelled, cooked, prepared or preserved snails intended for human consumption

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Part IV of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of chilled, frozen, shelled, cooked, prepared or preserved snails intended for human consumption.

Article 17 Model official certificate for the entry into the Union for placing on the market of rendered animal fats and greaves intended for human consumption

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Part V of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of rendered animal fats and greaves intended for human consumption.

Article 18 Model official certificate for the entry into the Union for placing on the market of gelatine intended for human consumption

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Part VI of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of gelatine intended for human consumption.

Article 19 Model official certificate for the entry into the Union for placing on the market of collagen intended for human consumption

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Part VII of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of collagen intended for human consumption.

Article 20 Model official certificate for the entry into the Union for placing on the market of raw materials for the production of gelatine and collagen intended for human consumption

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Part VIII of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of raw materials for the production of gelatine and collagen intended for human consumption.

Article 21 Model official certificate for the entry into the Union for placing on the market of treated raw materials for the production of gelatine and collagen intended for human consumption

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Part IX of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of treated raw materials for the production of gelatine and collagen intended for human consumption.

Article 22 Model official certificate for the entry into the Union for placing on the market of honey and other apiculture products intended for human consumption

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Part X of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of honey and other apiculture products intended for human consumption.

Article 23 Model official certificate for the entry into the Union for placing on the market of highly refined chondroitin sulphate, hyaluronic acid, other hydrolysed cartilage products, chitosan, glucosamine, rennet, isinglass and amino acids intended for human consumption

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Part XI of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of highly refined chondroitin sulphate, hyaluronic acid, other hydrolysed cartilage products, chitosan, glucosamine, rennet, isinglass and amino acids intended for human consumption.

Article 24 Model official certificate for the entry into the Union for placing on the market of reptile meat intended for human consumption

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Part XII of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of reptile meat intended for human consumption.

Article 25 Model official certificate for the entry into the Union for placing on the market of insects intended for human consumption

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Part XIII of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of insects intended for human consumption.

Article 26 Model official certificate for the entry into the Union for placing on the market of other products of animal origin intended for human consumption and not covered by Articles 7 to 25

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Part XIV of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of other products of animal origin intended for human consumption and not covered by Articles 7 to 25 of this Regulation.

Article 27 Model official certificate for the entry into the Union for placing on the market of sprouts and seeds intended for the production of sprouts

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out in Part XV of Annex III to this Regulation shall be used for the entry into the Union for placing on the market of sprouts and seeds intended for the production of sprouts.

Article 28 Model official certificates in case of ante-mortem inspection at the holding of provenance

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificates set out in Annex IV to this Regulation shall be used in the case of ante-mortem inspection at the holding of provenance in accordance with Articles 5 and 6 of Delegated Regulation (EU) 2019/624.

Article 29 Model official certificate in case of emergency slaughter outside the slaughterhouse

To meet the certification requirements laid down in Articles 88, 89 and Article 126(2)(c) of Regulation (EU) 2017/625, the model official certificate set out Annex V to this Regulation shall be used in the case of emergency slaughter outside the slaughterhouse in accordance with Article 4 of Delegated Regulation (EU) 2019/624.

Article 30 Amendments to Regulation (EC) No 2074/2005

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

(1)

Article 6 is deleted;

(2)

Annex VI is deleted.

Article 31 Amendments to Implementing Regulation (EU) 2016/759

Implementing Regulation (EU) 2016/759 is amended as follows:

(1)

Article 2 is deleted;

(2)

Annex II is deleted.

Article 32 Repeal

Regulation (EU) No 211/2013 is repealed. References to Regulation (EU) No 211/2013 shall be construed as references to this Regulation and read in accordance with the correlation table set out in Annex VI to this Regulation.

Article 33 Transitional provisions

Consignments of products of animal origin accompanied by the relevant certificates issued accordance with Regulation (EC) No 2074/2005, Regulation (EU) No 211/2013 and Implementing Regulation (EU) 2016/759 may be accepted for the entry into the Union until 13 March 2020 provided that the certificate was signed before 14 December 2019.

Until 13 March 2020, consignments of rendered animal fats and greaves may enter the Union when using the certificate for meat products set out in Annex III to Decision 2007/777/EC and consignments of reptile meat, insects and other products of animal origin referred to in Article 26 may enter the Union without certificate set out in Annex III of this Regulation.

Article 34 Entry into force and application

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

It shall apply from 14 December 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 April 2019.

For the Commission

The President

Jean-Claude Juncker