L_2021326EN.01000101.xml

COMMISSION IMPLEMENTING REGULATION (EU) 2021/1471

of 18 August 2021

amending and correcting Implementing Regulations (EU) 2020/2235 and (EU) 2020/2236 as regards references to national measures designed to limit the impact of certain diseases of aquatic animals and to lists of third countries, territories or zones thereof from which entry into the Union of animals and goods is permitted

(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 168(4), 213(2), 224(4), 238(3) and 239(3) thereof,

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) (2), and in particular Article 90 and Article 126(3) thereof,

Whereas:

(1)

Commission Implementing Regulations (EU) 2020/2235 (3) and (EU) 2020/2236 (4) lay down models of animal health certificates, animal health/official certificates and official certificates required to accompany consignments of animals and goods moving within the Union and entering the Union. The published versions of Implementing Regulations (EU) 2020/2235 and (EU) 2020/2236 contain some obvious mistakes and unintentional omissions. These mistakes and omissions should be corrected and changes introduced by amending Implementing Regulations (EU) 2020/2235 and (EU) 2020/2236 accordingly.

(2)

Annex V to Implementing Regulation (EU) 2020/2235 lays down the model private attestation required to accompany consignments of shelf-stable composite products that contain no other processed meat than gelatine, collagen or highly refined products, at the moment of entry into the Union, or at the time of their placing on the market. This attestation requires the importer to indicate the percentage of each ingredient of plant origin and processed products of animal origin contained in the composite products. This information is not necessary for the control of composite products, which is no longer based on the amount of products of animal origin they contain. Furthermore, it may jeopardise the confidentiality of recipes. This requirement should therefore be amended.

(3)

According to Article 226(3) of Regulation (EU) 2016/429, the Commission is to approve and, if necessary, amend national measures aimed at limiting the impact of certain diseases of aquatic animals, where such national measures may affect movements of aquatic animals and products of animal origin from aquatic animals within the Union. In accordance with that provision, Commission Implementing Decision (EU) 2021/260 (5) approves such national measures. Therefore, the references in animal health and animal health/official certificates to Article 226(3) of Regulation (EU) 2016/429 should be replaced by references to Implementing Decision (EU) 2021/260. Annex III to Implementing Regulation (EU) 2020/2235 and Annexes I and II to Implementing Regulation (EU) 2020/2236 should be amended accordingly.

(4)

Commission Implementing Regulation (EU) 2021/404 (6) lays down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429. Therefore, the references to the lists of third countries and territories adopted by the Commission in accordance with Article 230(1) of Regulation (EU) 2016/429 in animal health certificates and animal health/official certificates should be replaced with references to the relevant lists of third countries, territories or zones thereof laid down in Implementing Regulation (EU) 2021/404. Annexes II and, V to Implementing Regulation (EU) 2020/2235 and Annex II to Implementing Regulation (EU) 2020/2236 should be amended accordingly.

(5)

Commission Implementing Regulation (EU) 2021/405 (7) lays down the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption in accordance with Regulation (EU) 2017/625. Therefore, the references to the lists of third countries and regions thereof adopted by the Commission in accordance with Article 127(2) of Regulation (EU) 2017/625 in animal health/official certificates and official certificates should be replaced with references to the relevant lists of third countries or regions thereof laid down in Implementing Regulation (EU) 2021/405. Annexes II, III and V to Implementing Regulation (EU) 2020/2235 should be amended accordingly.

(6)	Annexes I, II, III and V to Implementing Regulation (EU) 2020/2235 and Annexes I and II to Implementing Regulation (EU) 2020/2236 should therefore be amended accordingly.

(7)	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:

Article 1

Annexes I, II, III and V to Implementing Regulation (EU) 2020/2235 are amended in accordance with Part 1 of the Annex to this Regulation.

Article 2

Annexes I and II to Implementing Regulation (EU) 2020/2236 are amended in accordance with Part 2 of the Annex to this Regulation.

Article 3

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

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

Done at Brussels, 18 August 2021.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 84, 31.3.2016, p. 1.

(2) OJ L 95, 7.4.2017, p. 1.

(3) Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1).

(4) Commission Implementing Regulation (EU) 2020/2236 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates for the entry into the Union and movements within the Union of consignments of aquatic animals and of certain products of animal origin from aquatic animals, official certification regarding such certificates and repealing Regulation (EC) No 1251/2008 (OJ L 442, 30.12.2020, p. 410).

(5) Commission Implementing Decision (EU) 2021/260 of 11 February 2021 approving national measures designed to limit the impact of certain diseases of aquatic animals in accordance with Article 226(3) of Regulation (EU) 2016/429 of the European Parliament and of the Council and repealing Commission Decision 2010/221/EU (OJ L 59, 19.2.2021, p. 1).

(6) Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and the Council (OJ L 114, 31.3.2021, p. 1).

(7) Commission Implementing Regulation (EU) 2021/405 of 24 March 2021 laying down the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 118).

ANNEX

PART 1

Annexes I, II, III and V to Commission Implementing Regulation (EU) 2020/2235 are amended as follows:

(1)

in Annex I, in Chapter 4, box I.20 is replaced by the following:

‘I.20

Certified as or for

Select the purpose of the movement of animals, the intended use of goods or the category as specified in the relevant Union legislation:

Feedstuffs: concerns only animal by-products intended for feeding farmed animals as referred to in Article 31 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council (1).

Petfood: concerns only animal by-products intended for use as petfood or manufacturing of petfood as referred to in Article 35 of Regulation (EC) No 1069/2009.

Organic fertilisers and soil improvers: concerns certain animal by-products or derived products as referred to in Article 32 of Regulation (EC) No 1069/2009.

Technical use: animal by-products or derived products unfit for human or animal consumption, as referred to in Article 36 of Regulation (EC) No 1069/2009.

Pharmaceutical use: animal by-products unfit for human or animal consumption, as referred to in Article 33 of Regulation (EC) No 1069/2009.

Trade samples: as defined in point 39 of Annex I to Commission Regulation (EU) No 142/2011 (2).

Exhibition: concerns animals intended for an exhibition and sporting, cultural or similar events or display items as defined in point 34 of Annex I to Regulation (EU) No 142/2011.

Canning industry: concerns products for human consumption, (for example tuna) specifically intended only for the canning industry.

Products for human consumption: concerns only products of animal origin intended for human consumption for which an animal health certificate, official certificate or animal health/official certificate is required by Union legislation.

Further processing: concerns products that have to be further processed before being placed on the market as well as live aquatic animals and products of animal origin from aquatic animals other than live aquatic animals, which are destined for a disease control aquatic food establishment as defined in Article 4, point (52), of Regulation (EU) 2016/429 of the European Parliament and of the Council.

Live aquatic animals for human consumption: aquatic animals intended for direct human consumption i.e. aquatic animals, which are delivered to the final consumer live or consumed live.

Confined establishment: as defined in Article 4, point (48), of Regulation (EU) 2016/429.

Quarantine establishment: as provided for in Article 14 of Commission Delegated Regulation (EU) 2019/2035 (3) as regards terrestrial animals and Article 15 of Commission Delegated Regulation (EU) 2020/691 (4) as regards aquaculture animals.

Travelling circus/Animal acts: as defined in respectively Article 2, points (34) and (35), of Delegated Regulation (EU) 2019/2035.

Release into the wild: concerns only live animals, which are to be released into the wild at the place of destination.

Registered equine animal: as defined in Article 2, point (30), of Delegated Regulation (EU) 2019/2035.

Further keeping: animals intended for establishments keeping live animals or for pet keepers, unless a more specific purpose or category from I.20 applies to them (e.g. quarantine, confined establishments etc.). It also includes animals, which are intended to restock game supplies or to be released into the wild, if those are intended to pass through an establishment before being released.

Purification centre: as defined in Article 2, point (2), of Delegated Regulation (EU) 2020/691.

Dispatch centre: as defined in Article 2, point (3), of Delegated Regulation (EU) 2020/691.

Relaying area: as defined in Article 2, point (4), of Delegated Regulation (EU) 2020/691.

Ornamental aquaculture establishment: as provided for in Article 17 or Article 18 of Delegated Regulation (EU) 2020/691.

Slaughter: for animals destined for a slaughterhouse, either directly or via an establishment approved for assembly operations.

Germinal products: as defined in Article 4, point (28), of Regulation (EU) 2016/429.

Other: intended for purposes not listed elsewhere in this classification, including aquatic animals intended for fishing baits.’

(2)

Annex II is amended as follows:

(a)	the first sentence is replaced by the following: ‘Annex II contains the following model animal health certificate and model official certificate:’;

(b)

Chapter 1 is replaced by the following:

‘CHAPTER 1

MODEL ANIMAL HEALTH CERTIFICATE FOR THE MOVEMENT WITHIN THE UNION OF PRODUCTS OF ANIMAL ORIGIN, WHICH ARE ALLOWED TO BE MOVED FROM A RESTRICTED ZONE SUBJECT TO EMERGENCY MEASURES OR DISEASE CONTROL MEASURES OR ORIGINATE FROM ANIMALS OF SPECIES SUBJECT TO THOSE MEASURES (MODEL INTRA-EMERGENCY)