Commission Implementing Regulation (EU) 2022/497 of 28 March 2022 amending and correcting Annexes I and II to Implementing Regulation (EU) 2021/403 as regards certain model animal health certificates, animal health/official certificates and declarations for the movements between Member States and the entry into the Union of consignments of certain species and categories of terrestrial animals and germinal products thereof (Text with EEA relevance)
Commission Implementing Regulation (EU) 2022/497of 28 March 2022amending and correcting Annexes I and II to Implementing Regulation (EU) 2021/403 as regards certain model animal health certificates, animal health/official certificates and declarations for the movements between Member States and the entry into the Union of consignments of certain species and categories of terrestrial animals and germinal products thereof(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")OJ L 84, 31.3.2016, p. 1., and in particular Article 146(2), Article 156(2), first subparagraph, point (a), and Articles 162(5), 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)OJ L 95, 7.4.2017, p. 1., and in particular Article 90, first paragraph, points (a) and (b), and Article 126(3) thereof,Whereas:(1)Commission Implementing Regulation (EU) 2021/403Commission Implementing Regulation (EU) 2021/403 of 24 March 2021 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 and model animal health/official certificates, for the entry into the Union and movements between Member States of consignments of certain categories of terrestrial animals and germinal products thereof, official certification regarding such certificates and repealing Decision 2010/470/EU (OJ L 113, 31.3.2021, p. 1). establishes model certificates, in the form of animal health certificates, animal health/official certificates and declarations for movements between Member States, and the entry into the Union, of consignments of certain categories of terrestrial animals and germinal products thereof. Those consignments include those falling within the scope of Commission Delegated Regulations (EU) 2020/686Commission Delegated Regulation (EU) 2020/686 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards the approval of germinal product establishments and the traceability and animal health requirements for movements within the Union of germinal products of certain kept terrestrial animals (OJ L 174, 3.6.2020, p. 1)., (EU) 2020/688Commission Delegated Regulation (EU) 2020/688 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council, as regards animal health requirements for movements within the Union of terrestrial animals and hatching eggs (OJ L 174, 3.6.2020, p. 140). and (EU) 2020/692Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379)..(2)Article 6 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the movements between Member States of certain categories of ungulates are to correspond to one of the models set out in Annex I thereto, and referred to in that Article, depending on the species concerned. Chapters 7 and 8 of that Annex set out respectively, model animal health certificates for the movements between Member States of an individual equine animal not intended for slaughter (model "EQUI-INTRA-IND"), and of a consignment of equine animals (model "EQUI-INTRA-CON"). In order to clarify that the clinical examination required before the movement of equine animals to other Member States may be carried out on the last working day prior to their departure only in respect of equine animals referred in Article 92(2) of Delegated Regulation (EU) 2020/688, the respective footnotes (2) and (3) to Part II of the Notes in those models should be corrected.(3)Article 7 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates and the animal health/official certificates to be used for the movements between Member States of certain categories of birds and germinal products thereof are to correspond to one of the models set out in Annex I thereto, and referred to in that Article, depending on the categories of birds and products concerned. Chapters 17 and 18 of that Annex set out respectively, model animal health/official certificates for the movements between Member States of breeding poultry and productive poultry (model "POU-INTRA-X"), and for the movements between Member States of less than 20 heads of poultry other than ratites or less than 20 hatching eggs of poultry other than ratites (model "POU-INTRA-LT20"). The erroneous references to the entry into the Union in points II.2.1 and II.2.1.1 of those respective models should be corrected.(4)In addition, Chapters 16 and 18 of Annex I to Implementing Regulation (EU) 2021/403, referred to in Article 7 thereof, set out respectively the model animal health/official certificate for the movement between Member States of day-old chicks (model "POU-INTRA-DOC"), and the model animal health/official certificate for the movement between Member States of less than 20 heads of poultry other than ratites or less than 20 hatching eggs of poultry other than ratites (model "POU-INTRA-LT20"). Footnote (4) of the Notes to Part II of those models should be corrected to clarify that the measures referred to in Part III, Title 2, Chapter 5, of Delegated Regulation (EU) 2020/692 must be respected in the Member State of destination. Additionally, an obvious mistake as regards the age of birds to be indicated in point II.1.4 of the model POU-INTRA-DOC in Chapter 16 should be corrected.(5)Article 8 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for movements between Member States of certain types of germinal products of bovine animals are to correspond to one of the models set out in Annex I thereto, and referred to in that Article, depending on the type of products concerned. Chapters 23 (model "BOV-SEM-A-INTRA"), 26 (model "BOV-OOCYTES-EMB-A-INTRA"), 30 (model "OV/CAP-SEM-A-INTRA"), and 33 (model "OV/CAP-OOCYTES-EMB-A-INTRA") of that Annex set out model animal health certificates for the movements between Member States of consignments of certain germinal products. Box reference I.30 of the Notes to Part I of those models should be amended to include a description of the tests for infection with bluetongue virus and for epizootic haemorrhagic disease.(6)In addition, model "BOV-OOCYTES-EMB-A-INTRA", set out in Chapter 26 of Annex I to Implementing Regulation (EU) 2021/403, is to be used for the movements between Member States of consignments of oocytes and embryos of bovine animals collected or produced, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/686 after 20 April 2021, dispatched by the embryo collection or production team that collected or produced the oocytes or embryos. The erroneous references to ovine and caprine animals in point II.2.5.1 and in Box reference I.30 of the Notes to Part I of that model should be corrected.(7)Article 11 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the movements between Member States of certain types of germinal products of equine animals are to correspond to one of the models set out in Annex I thereto, and referred to in that Article, depending on the type of products concerned. Chapters 45 and 49 of that Annex set out the model animal health certificates for the movements between Member States respectively, of consignments of semen of equine animals collected, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/686 after 20 April 2021, dispatched from the semen collection centre where the semen was collected (model "EQUI-SEM-A-INTRA"), and of consignments of oocytes and embryos of equine animals collected or produced, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/686 after 20 April 2021, dispatched by the embryo collection or production team that collected or produced the oocytes or embryos (model "EQUI-OOCYTES-EMB-A-INTRA"). Point II.2.5.2 of those models should be corrected to clarify that donor equine animals of semen, oocytes and embryos must be kept on establishments, instead of on a single establishment, where Venezuelan equine encephalomyelitis, dourine, surra (Trypanosoma evansi), equine infections anaemia, contagious equine metritis (Taylorella equigenitalis), infection with rabies virus and anthrax have not been reported, for a period of at least 30 days prior to the date of first collection of the semen, oocytes or embryos and during the collection period. In addition, Box reference I.30 of the Notes to Part I of model "EQUI-SEM-A-INTRA" should be amended to include a description of the tests.(8)Article 13 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates and declarations to be used for the movements between Member States of certain categories of terrestrial animals and certain germinal products thereof are to correspond to one of the models set out in Annex I thereto, and referred to in that Article, depending on the species and categories of products concerned. Chapter 61 of that Annex sets out the model animal health certificate and model declaration for the movement between Member States of dogs, cats and ferrets. Point II.2.2 of that model certificate contains obvious mistakes and requires clarification. It is therefore necessary to correct that model accordingly.(9)Annex I to Implementing Regulation (EU) 2021/403 should therefore be amended and corrected accordingly.(10)Article 14 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates and animal health/official certificates to be used for the entry into the Union of certain categories of ungulates are to correspond to one of the models set out in Annex II thereto, and referred to in that Article, depending on the species concerned. Chapter 4 of that Annex sets out the model animal health/official certificate for the entry into the Union of ovine and caprine animals (model "OV/CAP-X"). Points II.2.2 and II.2.11.6 of the animal health attestation of that model contain obvious mistakes and require clarification. It is therefore necessary to correct that model accordingly.(11)Article 15 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates and animal health/official certificates and declarations accompanying those certificates, to be used for the entry into the Union or transit through the Union of certain categories of equine animals are to correspond to one of the models set out in Annex II thereto, and referred to in that Article, depending on the movements concerned. Chapters 12 to 15 of that Annex set out respectively the model animal health/official certificate and model declaration for the entry into the Union of equine animals not intended for slaughter (model "EQUI-X"), the model animal health/official certificate and the model declaration for the entry into the Union of equine animals intended for slaughter (model "EQUI-Y"), the model animal health certificate and the model declaration for transit through the Union of equine animals not intended for slaughter (model "EQUI-TRANSIT-X"), and the model animal health certificate and the model declaration for transit through the Union of equine animals intended for slaughter (model "EQUI-TRANSIT-Y"). In accordance with Article 13 of Delegated Regulation (EU) 2020/692, the period that may elapse between the clinical examination and departure of equine animals, other than registered equine animals, is set at 24 hours for that category of animals. In accordance with Article 3 of Delegated Regulation (EU) 2020/692, the certificate must be issued within the period of 10 days prior to the date of arrival of the consignment at the border control post; in the case of transport by sea, the period may be extended by an additional period corresponding to the duration of the journey by sea. It is therefore necessary to correct those models accordingly.(12)In addition, Chapters 16, 17 and 18 of Annex II to Implementing Regulation (EU) 2021/403, referred to in Article 15 thereof, set out respectively the model animal health certificate and model declaration for the re-entry into the Union of registered horses for racing, competition and cultural events after temporary export for a period of not more than 30 days (model "EQUI-RE-ENTRY-30"), the model animal health certificate and model declaration for the re-entry into the Union of registered horses for competition after temporary export for a period of not more than 90 days to participate in equestrian events organised under the auspices of the Fédération Equestre Internationale (FEI) (model "EQUI-RE-ENTRY-90-COMP"), and the model animal health certificate and model declaration for the re-entry into the Union of registered horses for racing after temporary export for a period of not more than 90 days to participate in specific race events in Australia, Canada, the United States of America, Hong Kong, Japan, Singapore, the United Arab Emirates or Qatar (model "EQUI-RE-ENTRY-90-RACE"). In accordance with Article 3 of Delegated Regulation (EU) 2020/692, the certificate must be issued within the period of 10 days prior to the date of arrival of the consignment at the border control post; in the case of transport by sea, the period may be extended by an additional period corresponding to the duration of the journey by sea. It is therefore necessary to correct those models accordingly.(13)Article 16 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the entry into the Union of ungulates intended for a confined establishment are to correspond to one of the models set out in Annex II thereto, and referred to in that Article, depending on the species concerned. Chapters 19 to 22 of that Annex set out model animal health certificates for the entry into the Union of animals listed in Section 1 of Chapter 19 of Annex II to Implementing Regulation (EU) 2021/403 that are originating from and intended for a confined establishment (model "CONFINED-RUM"), animals listed in Section 1 of Chapter 20 of Annex II to Implementing Regulation (EU) 2021/403 that are originating from and intended for a confined establishment (model "CONFINED-SUI"), animals listed in Section 1 of Chapter 21 of Annex II to Implementing Regulation (EU) 2021/403 that are originating from and intended for a confined establishment (model "CONFINED-TRE"), and animals of the family of Hippopotamidae that are originating from and intended for a confined establishment (model "CONFINED-HIPPO"). Point II.1.2 of Part II (Health information) of those models should be amended by the insertion of the missing animal health requirements provided for in Article 34, point (b), of Delegated Regulation (EU) 2020/692, and some other obvious mistakes and unintentional omissions corrected.(14)Article 17 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates and animal health/official certificates to be used for the entry into the Union of certain categories of birds and germinal products thereof are to correspond to one of the models set out in Annex II thereto, and referred to in that Article, depending on the categories of birds and products concerned. Chapter 34a of that Annex sets out a model animal health certificate for entry into the Union of racing pigeons immediately released after entry (model "RACING PIGEONS-IMMEDIATE RELEASE"). Points II.1.2 and II.1.6 of that model should be corrected to clarify respectively the registration requirement of the establishments of origin as referred to in Article 62(2), point (b), of Delegated Regulation (EU) 2020/692 and the transport conditions for the racing pigeons.(15)Article 20 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the entry into the Union of certain types of germinal products are to correspond to one of the models set out in Annex II thereto, and referred to in that Article, depending on the type of products concerned. Chapters 39 (model "BOV-SEM-A-ENTRY"), 42 (model "BOV-OOCYTES-EMB-A-ENTRY"), 48 ("OV/CAP-SEM-A-ENTRY"), and 50 (model "OV/CAP-OOCYTES-EMB-A-ENTRY") of that Annex set out model animal health certificates for the entry into the Union of consignments of certain germinal products. Box reference I.27 of the Notes to Part I of those models should be amended to include a description of the tests for infection with bluetongue virus and for epizootic haemorrhagic disease.(16)In addition, the erroneous numbering in point II.2. of model "BOV-OOCYTES-EMB-A-ENTRY", set out in Chapter 42 of Annex II to Implementing Regulation (EU) 2021/403, should be corrected.(17)Additionally, Article 20 of Implementing Regulation (EU) 2021/403 refers to the model animal health certificate for the entry into the Union of consignments of certain germinal products dispatched after 20 April 2021 from the germinal product storage centre (model "BOV-GP-STORAGE-ENTRY"), set out in Annex II thereto. The Notes in that model should be corrected so as to cover not only semen of bovine animals, but also oocytes and embryos of those animals.(18)Article 21 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the entry into the Union of certain types of germinal products of ovine and caprine animals are to correspond to one of the models set out in Annex II thereto, and referred to in that Article. Chapter 53 of that Annex sets out the model animal health certificate for the entry into the Union of consignments of certain germinal products dispatched after 20 April 2021 from the germinal product storage centre (model "OV/CAP-GP-STORAGE-ENTRY"). The Notes in that model should be corrected so as to cover semen, oocytes and embryos not only of ovine animals, but also of caprine animals.(19)Article 22 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the entry into the Union of certain types of germinal products of porcine animals are to correspond to one of the models set out in Annex II thereto, and referred to in that Article. Chapter 54 of that Annex sets out the model animal health certificate for the entry into the Union of consignments of semen of porcine animals collected, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/692 after 20 April 2021, dispatched from the semen collection centre where the semen was collected (model "POR-SEM-A-ENTRY"). The erroneous references to a Member State, instead of to a third country or territory, in points II.4.8.3 and II.4.9.3, of that model should be corrected.(20)Article 23 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the entry into the Union of certain types of germinal products of equine animals are to correspond to one of the models set out in Annex II thereto, and referred to in that Article. Chapters 59 and 63 of that Annex set out model animal health certificates for the entry into the Union of consignments of semen of equine animals collected, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/692 after 20 April 2021, dispatched from the semen collection centre where the semen was collected (model "EQUI-SEM-A-ENTRY"), and of oocytes and embryos of equine animals collected or produced, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/692 after 20 April 2021, dispatched by the embryo collection or production team that collected or produced the oocytes or embryos (model "EQUI-OOCYTES-EMB-A-ENTRY"). Point II.4.4.2 of those models should be corrected to clarify that donor equine animals of semen, oocytes and embryos must be kept on establishments, instead of on a single establishment, where Venezuelan equine encephalomyelitis, dourine, surra (Trypanosoma evansi), equine infections anaemia, contagious equine metritis (Taylorella equigenitalis), infection with rabies virus and anthrax have not been reported, for a period of at least 30 days prior to the date of first collection of the semen, oocytes or embryos and during the collection period. In addition, Box reference I.27 of the Notes to Part I of model "EQUI-SEM-A-ENTRY" should be amended to include a description of the tests.(21)Annex II to Implementing Regulation (EU) 2021/403 should be amended and corrected accordingly.(22)Implementing Regulation (EU) 2021/403 should therefore be amended and corrected accordingly.(23)In order to avoid any disruption to trade as regards the entry into the Union of consignments concerned by the amendments to be made to Annex II to Implementing Regulation (EU) 2021/403 by this Regulation, the use of animal health certificates, animal health/official certificates and declarations issued in accordance with Implementing Regulation (EU) 2021/403 as applicable prior to the amendments made by this Regulation, should continue to be authorised during a transitional period subject to certain conditions.(24)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: