Commission Regulation (EU) No 142/20112 lays down measures to implement the rules laid down in Regulation (EC) No 1069/2009, including public and animal health rules for import or transit of animal by-products and derived products into, or sent in transit through the Union, in order to prevent and minimise risks to public and animal health arising from those products.

Article 15 of Council Directive 97/78/EC3 lays down rules concerning the veterinary checks to be conducted for the purposes of authorising the re-importation of consignments of products of Union origin returning to the Union following a refusal of entry by a third country. Regulation (EU) 2017/625 of the European Parliament and of the Council4 repeals and replaces Directive 97/78/EC with effect from 14 December 2019.

Commission Delegated Regulation (EU) 2019/20745 establishes rules for the performance of specific official controls of consignments of animals and goods referred to in Article 47(1)(a), (b) and (c) of Regulation (EU) 2017/625 originating from, and returning to, the Union following a refusal of entry by a third country, among them animal by-products and derived products.

The animal and public health requirements for the entry into the Union of animal by-products and derived products originating from, and returning to, the Union following a refusal of entry by a third country should be established in accordance with Articles 41 and 42 of Regulation (EC) No 1069/2009.

In the absence of animal and public health requirements relevant for the return of refused consignments of animal by-products and derived products, those consignments are subject to the general import rules set out in Regulation (EC) No 1069/2009 and product-specific requirements for importation set out in Annex XIV to Regulation (EU) No 142/2011, which could prevent the return to the Union of certain consignments of EU origin following refusal by a third country, for example because of the absence of the product-specific commercial document or health certificate required for entry.

However, animal and public health risk posed by animal by-products and derived products originating from the Union is different to risks posed by those commodities originating in third countries. A consignment of animal by-products and derived products originating from, and returning to, the Union following a refusal of entry by third countries therefore does not need to be accompanied by a commercial document, health certificate or where appropriate declaration which corresponds to a model currently laid down pursuant to point (d) of the first subparagraph of Article 42(2) of Regulation (EC) No 1069/2009 as required for consignments originating from third countries.

The aforementioned consignment should be allowed to enter the Union and to be sent to any establishment or plant approved in accordance with Article 24 of Regulation (EC) No 1069/2009 for the Category and type of animal by-products and derived products, provided that the competent authority of the place of destination in the Union has agreed to accept that consignment.

Certain consignments of animal by-products or derived products intended for export to third countries may be subject to checks by a competent authority in the Union other than those responsible for animal by-products or derived products. If the original seal has been replaced during those checks, the number of the new seal should be indicated in the accompanying documentation.

Therefore, to ensure appropriate animal and public health risk management and legal certainty, it is necessary to provide for conditions for the return to the Union of animal by-products and derived products of Union origin following a refusal of entry by a third country.

To ensure traceability of the returning consignments of animal by-product and derived products, their transport from the border control post of arrival in the Union to the establishment of destination should be monitored in accordance with the procedure provided for in Commission Delegated Regulation (EU) 2019/16666.

Annex XIV to Regulation (EU) No 142/2011 should be amended accordingly.

As Delegated Regulation (EU) 2019/2074 applies from 14 December 2019, the rules laid down in this Regulation should also apply from that date.

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