02020R2235 — EN — 29.07.2024 — 011.001
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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) |
Amended by:
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
(Text with EEA relevance)
Article 1
Subject matter and scope
This Regulation establishes standard models for animal health certificates, official certificates or animal health/official certificates:
for movements between Member States or within the Union of animals, products of animal origin and germinal products thereof and notes for their completion;
for the entry into the Union of animals, products of animal origin, composite products, germinal products, animal by-products, sprouts for human consumption and seeds intended for the production of sprouts for human consumption, and notes for their completion.
This Regulation establishes model certificates, in the form of animal health certificates, official certificates or animal health/official certificates respectively, and a model attestation for the following animals and goods intended for human consumption:
model certificates for movements within the Union of the following goods intended for human consumption:
products of animal origin from terrestrial animals which are allowed to be moved from a restricted zone subject to emergency measures or disease control measures or which originate from animals of species subject to those measures;
unskinned large wild game;
model certificates for the entry into the Union of the following animals and goods intended for human consumption:
products of animal origin and composite products for which such certificate is required in accordance with Article 21 of Commission Delegated Regulation (EU) 2022/2292 ( 2 );
certain live aquatic animals and products of animal origin for which such certificate is required in accordance with point (c) of the first paragraph of Article 3 of Delegated Regulation (EU) 2020/692;
live insects and live snails;
a model certificate for sprouts and seeds intended for the production of sprouts;
a model certificate for transit through the Union to a third country either by immediate transit or after storage in the Union of composite products intended for human consumption;
model certificates in the case of ante-mortem inspection at the holding of provenance or in the case of emergency slaughter outside the slaughterhouse;
a model private attestation signed by the importing food business operator for shelf-stable composite products containing processed products of animal origin other than processed meat, where such composite products are entering into the Union.
Article 2
Definitions
For the purpose of this Regulation, the following definitions shall apply:
‘slaughterhouse’ means a slaughterhouse as defined in point 1.16 of Annex I to Regulation (EC) No 853/2004;
‘frogs' legs’ means frogs’ legs as defined in point 6.1 of Annex I to Regulation (EC) No 853/2004 and frogs’ legs of the genus Pelophylax from the family of Ranidae, and the genera Limnonectes, Fejervarya and Hoplobatrachus from the family of Dicroglossidae;
‘snails’ means snails as defined in point 6.2 of Annex I to Regulation (EC) No 853/2004 and any other snails of the families of Helicidae, Hygromiidae or Sphincterochilidae;
‘insects’ means insects as defined in Article 2, point (27), of Delegated Regulation (EU) 2022/2292;
‘reefer vessel’ means a reefer vessel as defined in Article 2, point (43), of Delegated Regulation (EU) 2022/2292;
‘freezer vessel’ means a freezer vessel as defined in point 3.3 of Annex I to Regulation (EC) No 853/2004;
‘factory vessel’ means a factory vessel as defined in point 3.2 of Annex I to Regulation (EC) No 853/2004;
‘dispatch centre’ means a dispatch centre as defined in point 2.7 of Annex I to Regulation (EC) No 853/2004;
‘game-handling establishment’ means a game-handling establishment as defined in point 1.18 of Annex I to Regulation (EC) No 853/2004;
‘cutting plant’ means a cutting plant as defined in point 1.17 of Annex I to Regulation (EC) No 853/2004;
‘sprouts’ means sprouts as defined in point (a) of the first paragraph of Article 2 of Implementing Regulation (EU) No 208/2013.
Article 3
Standard models for certificates for movements within the Union, between Member States and for entry into the Union
Article 4
Completion of certificates for animals and goods intended for human consumption
Article 5
Requirements for certificates for consignments of animals and goods intended for human consumption
The official veterinarian or the certifying officer shall complete certificates for consignments of animals and goods intended for human consumption in accordance with the following requirements:
the certificate must bear the signature of the official veterinarian or the certifying officer and the official stamp; the colour of the signature and the colour of stamp, other than embossed or watermarked stamp, must be different to the colour of the printing;
where the certificate contains multiple or alternative statements, the statements which are not relevant must be crossed out, initialled and stamped by the official veterinarian or certifying officer, or completely removed from the certificate;
the certificate must consist of one of the following:
a single sheet of paper;
several sheets of paper where all sheets are indivisible and constitute an integrated whole;
a sequence of pages with each page numbered so as to indicate that it is a particular page in a finite sequence;
where the certificate consists of a sequence of pages as referred to in point (c)(iii), of this paragraph, each page must bear the unique code referred to in Article 89(1)(a) of Regulation (EU) 2017/625, the signature of the official veterinarian or certifying officer and the official stamp;
in the case of certificates for movements of consignments within the Union or between Member States, the certificate must accompany the consignment until it reaches the place of destination in the Union;
in the case of certificates for the entry into the Union of consignments, the certificate must be presented to the competent authority of the border control post of entry into the Union where the consignment is subjected to official controls;
the certificate must be issued before the consignment to which it relates leaves the control of the competent authority issuing the certificate;
in the case of certificates for the entry into the Union, the certificate must be drawn up in the official language, or in one of the official languages, of the Member State of the border control post of entry into the Union.
Article 6
Replacement of certificates for consignments of animals and goods intended for human consumption
In the replacement certificate, the competent authority shall:
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;
indicate a new certificate number different to that of the initial certificate;
indicate the date when it was issued, as opposed to the date of issue of the initial certificate;
produce an original document issued in paper, except in the case of electronic replacement certificates submitted in TRACES.
Article 7
Model animal health certificate and official certificate for movements within the Union and between Member States of certain products of animal origin intended for human consumption
Article 8
Model animal health/official certificates for the entry into the Union of fresh meat of ungulates intended for human consumption
The animal health/official certificates referred to in Article 1(3)(b)(ii) to be used for the entry into the Union of fresh meat of ungulates intended for human consumption shall correspond to one of the following models, depending on the species and categories of products concerned:
BOV drawn up in accordance with the model set out in Chapter 1 of Annex III, for fresh meat intended for human consumption, excluding mechanically separated meat, of domestic bovine animals;
OVI drawn up in accordance with the model set out in Chapter 2 of Annex III, for fresh meat intended for human consumption, excluding mechanically separated meat, of domestic ovine and caprine animals;
POR drawn up in accordance with the model set out in Chapter 3 of Annex III, for fresh meat intended for human consumption, excluding mechanically separated meat, of domestic porcine animals;
EQU drawn up in accordance with the model set out in Chapter 4 of Annex III, for fresh meat intended for human consumption, excluding minced meat and mechanically separated meat, of domestic solipeds (Equus caballus, Equus asinus and their cross-breeds);
RUF drawn up in accordance with the model set out in Chapter 5 of Annex III, for fresh meat intended for human consumption, excluding offal, minced meat and mechanically separated meat, of animals of the family Bovidae (other than domestic bovine, ovine and caprine animals), camelid animals and cervid animals kept as farmed game;
RUW drawn up in accordance with the model set out in Chapter 6 of Annex III, for fresh meat intended for human consumption, excluding offal, minced meat and mechanically separated meat, of wild animals of the family Bovidae (other than domestic bovine, ovine and caprine animals), wild camelid animals and wild cervid animals;
SUF drawn up in accordance with the model set out in Chapter 7 of Annex III, for fresh meat intended for human consumption, excluding offal, minced meat and mechanically separated meat, of animals kept as farmed game of wild breeds of porcine animals and animals of the family Tayassuidae;
SUW drawn up in accordance with the model set out in Chapter 8 of Annex III, for fresh meat intended for human consumption, excluding offal, minced meat and mechanically separated meat, of wild animals of wild breeds of porcine animals and animals of the family Tayassuidae;
EQW drawn up in accordance with the model set out in Chapter 9 of Annex III, for fresh meat intended for human consumption, excluding offal, minced meat and mechanically separated meat, of wild game solipeds belonging to the subgenus Hippotigris (zebra);
RUM-MSM drawn up in accordance with the model set out in Chapter 10 of Annex III, for mechanically separated meat, intended for human consumption, of domestic ruminants;
SUI-MSM drawn up in accordance with the model set out in Chapter 11 of Annex III, for mechanically separated meat, intended for human consumption, of domestic porcine animals;
NZ-TRANSIT-SG drawn up in accordance with the model set out in Chapter 12 of Annex III, for fresh meat intended for human consumption originating from New Zealand transiting through Singapore with unloading, possible storage and reloading before entry into the Union.
Article 9
Model animal health/official certificates for the entry into the Union of meat of poultry, ratites and other game birds, eggs and egg products intended for human consumption
The animal health/official certificates referred to in Article 1(3)(b)(ii) to be used for the entry into the Union of meat of poultry, ratites and other game birds, eggs and egg products intended for human consumption shall correspond to one of the following models, depending on the species and categories of products concerned:
POU drawn up in accordance with the model set out in Chapter 13 of Annex III, for fresh meat intended for human consumption, excluding minced meat and mechanically separated meat, of poultry other than ratites;
POU-MI/MSM drawn up in accordance with the model set out in Chapter 14 of Annex III, for minced meat and mechanically separated meat, intended for human consumption, of poultry other than ratites;
RAT drawn up in accordance with the model set out in Chapter 15 of Annex III, for fresh meat intended for human consumption, excluding minced meat and mechanically separated meat, of ratites;
RAT-MI/MSM drawn up in accordance with the model set out in Chapter 16 of Annex III, for minced meat and mechanically separated meat, intended for human consumption, of ratites;
GBM drawn up in accordance with the model set out in Chapter 17 of Annex III, for fresh meat intended for human consumption, excluding minced meat and mechanically separated meat, of game birds;
GBM-MI/MSM drawn up in accordance with the model set out in Chapter 18 of Annex III, for minced meat and mechanically separated meat, intended for human consumption, of game birds;
E drawn up in accordance with the model set out in Chapter 19 of Annex III, for eggs intended for human consumption;
EP drawn up in accordance with the model set out in Chapter 20 of Annex III, for egg products intended for human consumption.
Article 10
Model official certificates and animal health/official certificate for the entry into the Union of fresh meat intended for human consumption, excluding mechanically separated meat, of wild leporidae, of certain wild land mammals and of farmed rabbits
The official certificates and animal health/official certificate referred to in Article 1(3)(b)(ii) to be used for the entry into the Union of fresh meat intended for human consumption, excluding mechanically separated meat, of wild leporidae, of certain wild land mammals and of farmed rabbits shall correspond to one of the following models, depending on the species and categories of products concerned:
WL drawn up in accordance with the model set out in Chapter 21 of Annex III, for fresh meat intended for human consumption of wild leporidae (rabbits and hares), excluding minced meat, mechanically separated meat and offal except for unskinned and uneviscerated leporidae;
WM drawn up in accordance with the model set out in Chapter 22 of Annex III, for fresh meat intended for human consumption, excluding offal, minced meat and mechanically separated meat, of wild land mammals other than ungulates and leporidae;
RM drawn up in accordance with the model set out in Chapter 23 of Annex III, for fresh meat intended for human consumption, excluding minced meat and mechanically separated meat, of farmed rabbits.
Article 11
Model animal health/official certificate for the entry into the Union of meat preparations intended for human consumption
The animal health/official certificate referred to in Article 1(3)(b)(ii) to be used for the entry into the Union of meat preparations intended for human consumption shall correspond to the model MP-PREP drawn up in accordance with the model set out in Chapter 24 of Annex III.
Article 12
Model animal health/official certificates for the entry into the Union of meat products intended for human consumption, including rendered animal fats and greaves, meat extracts and treated stomachs, bladders and intestines others than casings
The animal health/official certificates referred to in Article 1(3)(b)(ii) to be used for the entry into the Union of meat products intended for human consumption, including rendered animal fats and greaves, meat extracts and treated stomachs, bladders and intestines others than casings, shall correspond to one of the following models, depending on the species and categories of products concerned:
MPNT drawn up in accordance with the model set out in Chapter 25 of Annex III, for meat products intended for human consumption, including rendered animal fats and greaves, meat extracts and treated stomachs, bladders and intestines, others than casings, that are not required to undergo a specific risk-mitigating treatment;
MPST drawn up in accordance with the model set out in Chapter 26 of Annex III, for meat products intended for human consumption, including rendered animal fats and greaves, meat extracts and treated stomachs, bladders and intestines, others than casings, that are required to undergo a specific risk-mitigating treatment.
Article 13
Model animal health/official certificate for the entry into the Union of casings intended for human consumption
The animal health/official certificate referred to in Article 1(3)(b)(ii) to be used for the entry into the Union of casings intended for human consumption shall correspond to the model CAS drawn up in accordance with the model set out in Chapter 27 of Annex III.
Article 14
Model animal health/official certificate and official certificates for the entry into the Union of live fish, live crustaceans, products of animal origin from those animals and certain fishery products intended for human consumption
Article 15
Model animal health/official certificate and official certificate for the entry into the Union of live bivalve molluscs, echinoderms, tunicates, marine gastropods, products of animal origin from those animals and certain processed bivalve molluscs intended for human consumption
Article 16
Model animal health/official certificates for the entry into the Union of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption
The animal health/official certificates referred to in Article 1(3)(b)(ii) to be used for the entry into the Union of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption shall correspond to one of the following models, depending on the species and categories of products concerned:
MILK-RM drawn up in accordance with the model set out in Chapter 33 of Annex III, for raw milk intended for human consumption;
MILK-RMP/NT drawn up in accordance with the model set out in Chapter 34 of Annex III, for dairy products intended for human consumption derived from raw milk or dairy products therefrom, or both, that are not required to undergo a specific risk-mitigating treatment;
DAIRY-PRODUCTS-PT drawn up in accordance with the model set out in Chapter 35 of Annex III, for dairy products intended for human consumption that are required to undergo a pasteurization treatment;
DAIRY-PRODUCTS-ST drawn up in accordance with the model set out in Chapter 36 of Annex III, for dairy products intended for human consumption that are required to undergo a specific risk-mitigating treatment other than pasteurization;
COLOSTRUM drawn up in accordance with the model set out in Chapter 37 of Annex III, for colostrum intended for human consumption;
COLOSTRUM-BP drawn up in accordance with the model set out in Chapter 38 of Annex III, for colostrum-based products intended for human consumption.
Article 17
Model official certificate for the entry into the Union of chilled, frozen or prepared frogs’ legs intended for human consumption
The official certificate referred to of Article 1(3)(b)(i) to be used for the entry into the Union of chilled, frozen or prepared frogs’ legs intended for human consumption shall correspond to the model FRG drawn up in accordance with the model set out in Chapter 39 of Annex III.
Article 18
Model official certificate for the entry into the Union of snails intended for human consumption
The official certificate referred to in Article 1(3)(b)(iii) to be used for the entry into the Union of snails intended for human consumption shall correspond to the model SNS drawn up in accordance with the model set out in Chapter 40 of Annex III.
Article 19
Model official certificate for the entry into the Union of gelatine intended for human consumption other than gelatine capsules not derived from ruminant bones
The official certificate referred to in Article 1(3), point (b)(i) to be used for the entry into the Union of gelatine intended for human consumption other than gelatine capsules not derived from ruminant bones shall correspond to the model GEL drawn up in accordance with the model set out in Chapter 41 of Annex III.
Article 20
Model official certificate for the entry into the Union of collagen intended for human consumption
The official certificate referred to in Article 1(3)(b)(i) to be used for the entry into the Union of collagen intended for human consumption shall correspond to the model COL drawn up in accordance with the model set out in Chapter 42 of Annex III.
Article 21
Model animal health/official certificate for the entry into the Union of raw materials for the production of gelatine and collagen intended for human consumption
The animal health/official certificate referred to in Article 1(3)(b)(i) to be used for the entry into the Union of raw materials for the production of gelatine and collagen intended for human consumption shall correspond to the model RCG drawn up in accordance with the model set out in Chapter 43 of Annex III.
Article 22
Model animal health/official certificate for the entry into the Union of treated raw materials for the production of gelatine and collagen intended for human consumption
The animal health/official certificate referred to in Article 1(3)(b)(i) to be used for the entry into the Union of treated raw materials for the production of gelatine and collagen intended for human consumption shall correspond to the model TCG drawn up in accordance with the model set out in Chapter 44 of Annex III.
Article 23
Model official certificate for the entry into the Union of honey and other apiculture products intended for human consumption
The official certificate referred to in of Article 1(3)(b)(i) to be used for the entry into the Union of honey and other apiculture products intended for human consumption shall correspond to the model HON drawn up in accordance with the model set out in Chapter 45 of Annex III.
Article 24
Model official certificate for the entry into the Union of highly refined products as described in Section XVI of Annex III to Regulation (EC) No 853/2004, intended for human consumption
The official certificate referred to in Article 1(3), point (b)(i) to be used for the entry into the Union of highly refined products as described in Section XVI of Annex III to Regulation (EC) No 853/2004, intended for human consumption, shall correspond to the model HRP drawn up in accordance with the model set out in Chapter 46 of Annex III.
Article 25
Model official certificate for the entry into the Union of reptile meat intended for human consumption
The official certificate referred to in Article 1(3)(b)(i) to be used for the entry into the Union of reptile meat intended for human consumption shall correspond to the model REP drawn up in accordance with the model set out in Chapter 47 of Annex III.
Article 26
Model official certificate for the entry into the Union of insects intended for human consumption
The official certificate referred to in Article 1(3)(b)(iii) to be used for the entry into the Union of insects intended for human consumption shall correspond to the model INS drawn up in accordance with the model set out in Chapter 48 of Annex III.
Article 27
Model certificate for the entry into the Union of other products of animal origin derived from domestic ungulates, poultry, rabbits or fishery products intended for human consumption and not covered by Articles 8 to 26
The official certificate referred to in Article 1(3)(b)(i) to be used for the entry into the Union of other products of animal origin derived from domestic ungulates, poultry, rabbits or fishery products, intended for human consumption and not covered by Articles 8 to 26 shall correspond to the model PAO drawn up in accordance with the model set out in Chapter 49 of Annex III.
Article 28
Model animal health/official certificate for the entry into the Union of non-shelf-stable composite products intended for human consumption and shelf-stable composite products intended for human consumption and containing any quantity of meat products except gelatine not derived from ruminant bones, collagen not derived from ruminant bones and highly refined products, and any quantity of colostrum-based products
The certification requirement referred to in paragraph 1 shall also apply to the entry into the Union of shelf-stable composite products intended for human consumption and containing:
any quantity of meat products except gelatine not derived from ruminant bones, collagen not derived from ruminant bones and highly refined products; or,
any quantity of colostrum-based products.
Article 29
Model official certificate for the entry into the Union of sprouts intended for human consumption and seeds intended for the production of sprouts for human consumption
The official certificate referred to in Article 1(3)(c) to be used for the entry into the Union of sprouts intended for human consumption and seeds intended for the production of sprouts for human consumption shall correspond to the model SPR drawn up in accordance with the model set out in Chapter 51 of Annex III.
Article 30
Model animal health certificate for the transit through the Union to a third country either by immediate transit or after storage in the Union of non-shelf-stable composite products intended for human consumption and shelf-stable composite products intended for human consumption and containing any quantity of meat products except gelatine, collagen and highly refined products, and any quantity of colostrum-based products
The certification requirement referred to in paragraph 1 shall also apply to the transit through the Union to a third country either by immediate transit or after storage in the Union of shelf-stable composite products intended for human consumption and containing:
any quantity of meat products except gelatine, collagen and highly refined products;
any quantity of colostrum-based products.
Article 30a
Model animal health/official certificate for the entry into the Union of products of animal origin and certain goods that originated in the Union, are moved to a third country or territory and moved back to the Union after unloading, storage and reloading in that third country or territory
The animal health/official certificate referred to in Article 1(3), point (b)(i), to be used for the entry into the Union of products of animal origin and certain goods that originated in the Union, are moved to a third country or territory and moved back to the Union after unloading, storage and reloading in that third country or territory, shall correspond to the model STORAGE-TC-PAO drawn up in accordance with the model set out in Chapter 53 of Annex III.
Article 31
Model health certificate in the case of ante-mortem inspection at the holding of provenance
The health certificate referred to in Article 1(3), point (e) to 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 shall correspond to one of the following models, depending on the species and categories of products concerned:
the model set out in Chapter 1 of Annex IV, for live animals transported to the slaughterhouse in the case of ante-mortem inspection at the holding of provenance in accordance with Article 5(2), point (f), of Delegated Regulation (EU) 2019/624;
the model set out in Chapter 2 of Annex IV, for poultry reared for the production of foie gras and delayed eviscerated poultry slaughtered at the holding of provenance in accordance with Article 6(2) of Delegated Regulation (EU) 2019/624;
the model set out in Chapter 3 of Annex IV, for domestic bovine, porcine, ovine and caprine animals, domestic solipeds and farmed game, slaughtered at the holding of provenance in accordance with Section I, Chapter VIa and Section III, point 3, of Annex III to Regulation (EC) No 853/2004 and Article 6(3) of Delegated Regulation (EU) 2019/624;
the model set out in Chapter 4 of Annex IV, for farmed game slaughtered at the holding of provenance in accordance with Section III, point 3a, of Annex III to Regulation (EC) No 853/2004 and Article 6(4) of Delegated Regulation (EU) 2019/624.
Article 32
Model health certificate in the case of emergency slaughter outside the slaughterhouse
The health certificate referred to in Article 1(3), point (e) to be used in the case of emergency slaughter outside the slaughterhouse in accordance with Article 4 of Delegated Regulation (EU) 2019/624 shall correspond to the model set out in Chapter 5 of Annex IV.
Article 33
Model private attestation by the operator for shelf-stable composite products containing processed products of animal origin other than processed meat
The model private attestation referred to in Article 1(3), point (f), to be used by the operator for the entry into the Union of shelf-stable composite products in accordance with Article 22 of Commission Delegated Regulation (EU) 2022/2292 shall correspond to the model set out in Annex V.
Article 34
Repeals
Article 35
Transitional provisions
Article 36
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 21 April 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Annex I contains standards models for animal health certificates, official certificates and animal health/official certificates and notes for their completion:
Chapter 1 |
: |
Standard model for animal health certificates, official certificates and animal health/official certificates for movements of animals and products between Member States or within the Union |
Chapter 2 |
: |
Notes for the completion of model animal health certificates, official certificates and animal health/official certificates for movement of animals and products between Member States or within the Union |
Chapter 3 |
: |
Standard model for animal health certificates, official certificates and animal health/official certificates for the entry into the Union of animals, products of animal origin, composite products, germinal products, animal by-products, sprouts for human consumption and seeds intended for the production of sprouts for human consumption |
Chapter 4 |
: |
Notes for the completion of model animal health certificates, official certificates and animal health/official certificates for the entry into the union of animals, products of animal origin, composite products, germinal products, animal by-products, sprouts intended for human consumption and seeds intended for the production of sprouts for human consumption |
CHAPTER 1
STANDARD MODEL FOR ANIMAL HEALTH CERTIFICATES, OFFICIAL CERTIFICATES AND ANIMAL HEALTH/OFFICIAL CERTIFICATES FOR MOVEMENTS OF ANIMALS AND PRODUCTS BETWEEN MEMBER STATES OR WITHIN THE UNION