(1)

Directive 2002/99/EC lays down the general animal health rules governing the introduction into the Union of products of animal origin intended for human consumption from third countries. More particularly, it provides for the adoption by the Commission of rules concerning certain types of introduction of those products. The animal health rules laid down in that Directive do not affect, and are applied in parallel with, the rules on veterinary checks laid down in Council Directive 97/78/EC (2).

(2)

Directive 97/78/EC lays down rules governing the organisation of veterinary checks on consignments of products of animal origin entering the Union from third countries, including products falling within the scope of Directive 2002/99/EC. Article 15 of Directive 97/78/EC provides that Member States are to authorise the re-importation of such products where they have been refused by a third country, subject to certain conditions. Those conditions include certification requirements, and they are intended to protect public and animal health.

(3)

Regulation (EU) 2017/625 of the European Parliament and of the Council (3) repealed Directive 97/78/EC with effect from 14 December 2019. That Regulation established a new legal framework for official controls and other official activities to verify the correct application of Union agri-food chain legislation. It lays down rules concerning, inter alia, official controls on consignments of products of animal origin entering the Union, including food. In addition, Regulation (EU) 2016/429 of the European Parliament and of the Council (4) repealed Directive 2002/99/EC with effect from 21 April 2021. Regulation (EU) 2016/429 lays down rules for the prevention of animal diseases, including rules for the entry into the Union of products of animal origin. The rules laid down in those two Regulations are applied in parallel, but while the rules laid down in Regulation (EU) 2017/625 are horizontal in nature, those laid down in Regulation (EU) 2016/429 are more sector-specific as they concern animal health.

(4)

Supplementary rules have now been established by Commission Delegated Regulation (EU) 2019/2074 (5) under Regulation (EU) 2017/625 for the performance of official controls on consignments of animals and goods originating from and returning to the Union following a refusal of entry by a third country. Those supplementing rules aim to verify compliance of the returning consignments with, inter alia, animal health requirements and refer to those requirements as set out in Union animal health rules. That Delegated Regulation applies from 14 December 2019, in line with the date of application of Regulation (EU) 2017/625.

(5)

Commission acts for the implementation of Directive 2002/99/EC currently do not lay down specific animal health requirements for the re-entry into the Union of products of animal origin, which have been exported from the Union and have been refused entry by a third country. Therefore animal health requirements specific for the re-entry into the Union of consignments of products of animal origin destined for human consumption, which have been exported from the Union and have been refused entry by third countries should be laid down to provide legal certainty as regards the animal health requirements applicable to those consignments, and to mitigate potential animal health risks after 14 December 2019, following the repeal of Directive 97/78/EC.

(6)

In particular, the unloading, storage and re-loading of these products in third countries should not lead to risks for the spread and introduction into the Union of pathogens of certain listed animal diseases referred to in Annex I to Directive 2002/99/EC.

(7)

In addition to the original documents issued by the competent authority of the Member State of export, it should also be permissible to verify the origin of consignments of products of animal origin for human consumption on the basis of the electronic equivalent of the original official certificate submitted in the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625 (IMSOC) and established by Commission Implementing Regulation (EU) 2019/1715 (6).

(8)

A consignment of products of animal origin for human consumption which has been returned to the Union following refusal of entry by a third country should be allowed to be transported to a place of destination in the Union, where the competent authority of the place of destination in the Union has agreed to receive that consignment.

(9)

It is necessary to ensure that consignments of products of animal origin for human consumption which have been returned to the Union following a refusal of entry by a third country arrive at their place of destination in the Union. Therefore, the procedural requirements laid down in Commission Delegated Regulation (EU) 2019/1666 (7) should apply to the monitoring of the transport and arrival of such consignments, from the border control post of arrival into the Union to the establishment at the place of destination.

(10)

The animal health requirements laid down in this Implementing Decision should apply until 21 April 2021, as Regulation (EU) 2016/429 and the Commission Delegated Regulation on animal health rules for the entry into the Union, movement and handling after the entry of certain animals, germinal products and products of animal origin from third countries or territories, apply from that date.

(11)

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