Kommisjonens gjennomføringsforordning (EU) 2024/1044 av 27. mars 2024 om endring av gjennomføringsforordning (EU) 2021/403 med hensyn til maler for helsesertifikater, maler for kombinerte helsesertifikater/offisielle sertifikater og maler for erklæringer og offisielle erklæringer til bruk ved innførsel til Unionen av sendinger av visse kategorier av landdyr og avlsmateriale derav
Dyrehelseforordningen og kontrollforordningen: endringsbestemmelser om helsesertifikater for dyr
Kommisjonsforordning publisert i EU-tidende 26.4.2024
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Red. anm.: Anvendes i EØS-avtalen ved forenklet prosedyre uten vedtak i EØS-komiteen.
BAKGRUNN (fra kommisjonsforordningen)
(1) Commission Implementing Regulation (EU) 2021/403 establishes model certificates, in the form of animal health certificates, animal health/official certificates and declarations for, among others, movements between Member States 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) 2020/686 and (EU) 2020/688.
(2) 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 germinal products concerned. Commission Delegated Regulation (EU) 2023/2515 amends Article 67 of Delegated Regulation (EU) 2020/688 in order to authorise the movement of consignments of captive birds, which participated in an exhibition in a Member State other than that of their origin, to another Member State, following a change in their ownership during the exhibition, and establishes the conditions for such movement. It is therefore necessary to include a model animal health certificate for the movements between Member States of captive birds from an exhibition (model ‘CAPTIVE-BIRDS-EXHIBITIONINTRA’) in Implementing Regulation (EU) 2021/403 and amend Article 7 and Annex I to that Implementing Regulation accordingly.
(3) 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 the models set out in Annex I thereto, and referred to in that Article, depending on the species and categories of products concerned. Chapter 62 of that Annex sets out the model animal health certificate for the movement between Member States of consignments of semen, oocytes and embryos of dogs (Canis lupus familiaris) and cats (Felis silvestris catus) which were collected or produced, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/686. Commission Delegated Regulation (EU) 2023/647 deletes Article 36 of Delegated Regulation (EU) 2020/686 concerning official certification and notification of movements of germinal products of dogs and cats between Member States. It is therefore necessary to amend Article 13 of Implementing Regulation (EU) 2021/403 accordingly and delete the corresponding model in Chapter 62 of Annex I to that Implementing Regulation.
(4) Annex I to Implementing Regulation (EU) 2021/403 sets out the model animal health certificates and animal health/ official certificates for the movements between Member States of consignments of certain kept terrestrial animals and germinal products thereof. It is appropriate to add to the corresponding models a harmonised attestation in order to simplify certification for movements of kept terrestrial animals and germinal products thereof from the establishments or zones, or both subject to movement restrictions when derogations therefrom have been granted in accordance with Union legislation.
(5) Chapters 1, 3, 5 and 7 of Annex I to Implementing Regulation (EU) 2021/403 set out model animal health certificates for the movements between Member States of bovine animals not intended for slaughter (model ‘BOVINTRA-X’), of porcine animals not intended for slaughter (model ‘POR-INTRA-X’), of ovine and caprine animals not intended for slaughter (model ‘OV/CAP-INTRA-X’), and of an individual equine animal not intended for slaughter (model ‘EQUI-INTRA-IND’). Point II.4 of those models should be deleted to reflect the amendment to Article 19 of Delegated Regulation (EU) 2020/686 by Delegated Regulation (EU) 2023/647 stipulating no involvement of the competent authority during the implementation of the derogation related to the movement of those animals between semen collection centres.
(6) Chapters 1, 5, 9, 11 and 13 of Annex I to Implementing Regulation (EU) 2021/403 set out model animal health certificates for the movements between Member States of certain categories of ungulates susceptible to infection with epizootic haemorrhagic disease virus (EHDV). The amendments to Articles 10, 15, 23, 26 and 29 and Annex IX of Delegated Regulation (EU) 2020/688 by Delegated Regulation (EU) 2023/2515 concerning movements from areas surrounding outbreaks of EHDV, should be reflected in those models accordingly.
(7) Chapter 6 of Annex I to Implementing Regulation (EU) 2021/403 sets out the model animal health certificate for the movements between Member States of ovine and caprine animals intended for slaughter (model ‘OV/CAP-INTRA-Y’). The amendments to Article 18 and Article 43(4) of Delegated Regulation (EU) 2020/688 by Delegated Regulation (EU) 2023/2515 adapting the requirement for compulsory individual identification of ovine and caprine animals intended for slaughter should be reflected in that model accordingly.
(8) Chapters 7 and 8 of Annex I to Implementing Regulation (EU) 2021/403 set out model animal health certificates for the movements between Member States of an individual equine animal not intended for slaughter (model ‘EQUIINTRA-IND’), and of a consignment of equine animals (model ‘EQUI-INTRA-CON’). Article 91(2), point (b), of Delegated Regulation (EU) 2020/688 lays down a timeframe for an identity check and a clinical examination of equine animals before issuing an animal health certificate. In order to allow such checks and examinations to be carried out on the last working day before the departure from the establishment of origin and to facilitate the movements of equine animals, including equine animals taking part in competitions, races and other equestrian events, to other Member States over weekends and holidays, Article 91(2), point (b), of Delegated Regulation (EU) 2020/688 has been amended by Delegated Regulation (EU) 2023/2515. Therefore, point II.1.2 of the models ‘EQUI-INTRA-IND’ and ‘EQUI-INTRA-CON’ should be amended accordingly.
(9) Furthermore, Article 66(2), point (c), of Commission Delegated Regulation (EU) 2019/2035 provides for a derogation that unweaned equine animals accompanying their dams or foster mares are not required to be accompanied by a single lifetime identification document. Such situation should be reflected in the model ‘EQUIINTRA-CON’ for a consignment of equine animals. Additionally, as equine animals may be moved to a veterinary clinic in another Member State, the description of box reference I.12 in the notes to Part I of the models ‘EQUIINTRA-IND’ and ‘EQUI-INTRA-CON’ should be amended by inserting ‘a veterinary clinic’ as a possible place of destination of equine animals, in addition to a registered or approved establishment.
(10) Chapter 15 of Annex I to Implementing Regulation (EU) 2021/403 sets out the model animal health/official certificate for the movement between Member States of hatching eggs of poultry (model ‘POU-INTRA-HEP’). Point II.2.3 of that model should be deleted as Commission Decision 2003/644/EC does not require additional guarantees on the control of Salmonella spp. for hatching eggs sent to Finland or Sweden.
(11) Chapters 23 (model ‘BOV-SEM-A-INTRA’), 26 (model ‘BOV-OOCYTES-EMB-A-INTRA’), 30 (model ‘OV/CAP-SEMA-INTRA’) and 33 (model ‘OV/CAP-OOCYTES-EMB-A-INTRA’) of Annex I to Implementing Regulation (EU) 2021/403 set out model animal health certificates for the movements between Member States of consignments of certain germinal products of bovine, ovine and caprine animals. The amendments to Article 2, point (12), and Part 5, Chapter III, of Annex II to Delegated Regulation (EU) 2020/686 by Delegated Regulation (EU) 2023/647 concerning embryo collection teams and seasonal freedom from infection with epizootic haemorrhagic disease virus (EHDV) should be reflected in those models.
(12) Chapters 23 (model ‘BOV-SEM-A-INTRA’), 30 (model ‘OV/CAP-SEM-A-INTRA’) and 45 (model ‘EQUI-SEM-AINTRA’) of Annex I to Implementing Regulation (EU) 2021/403 set out model animal health certificates for the movements between Member States of consignments of certain germinal products of bovine, ovine and caprine, and equine animals. The amendment to Part 1 of Annex III to Delegated Regulation (EU) 2020/686 by Delegated Regulation (EU) 2023/647 concerning the addition of antibiotics or mixtures of antibiotics to semen should be reflected in those models.
(13) Chapters 26 (model ‘BOV-OOCYTES-EMB-A-INTRA’) and 33 (model ‘OV/CAP-OOCYTES-EMB-A-INTRA’) of Annex I to Implementing Regulation (EU) 2021/403 should be adapted to better reflect and implement the requirements laid down in Parts 1 and 5 of Annex II and Part 1 of Annex III to Delegated Regulation (EU) 2020/686 as regards semen used for the production of embryos.
(14) Chapter 38 of Annex I to Implementing Regulation (EU) 2021/403 sets out the model animal health certificate for movements between Member States of consignments of semen of porcine 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 ‘POR-SEM-A-INTRA’). The amendments to Part 2 of Annex II and Part 1 of Annex III to Delegated Regulation (EU) 2020/686 by Delegated Regulation (EU) 2023/647 concerning testing for classical swine fever virus of porcine animals kept in semen collection centres and the addition of antibiotics or mixtures of antibiotics to semen should be reflected in that model animal health certificate.
(15) Chapters 40 (model ‘POR-OOCYTES-EMB-A-INTRA’) and 49 (model ‘EQUI-OOCYTES-EMB-A-INTRA’) of Annex I to Implementing Regulation (EU) 2021/403 should be amended to reflect the amendments to Article 2, point (12), of Delegated Regulation (EU) 2020/686 by Delegated Regulation (EU) 2023/647 concerning the definition of embryo collection teams, and to better reflect and implement the requirements laid down in Parts 1 and 5 of Annex II and Part 1 of Annex III to Delegated Regulation (EU) 2020/686 as regards semen used for the production of embryos.
(16) Chapters 49 (model ‘EQUI-OOCYTES-EMB-A-INTRA’), 50 (model ‘EQUI-OOCYTES-EMB-B-INTRA’) and 51 (model ‘EQUI-OOCYTES-EMB-C-INTRA’) of Annex I to Implementing Regulation (EU) 2021/403 should be amended to clarify that testing for equine infectious anaemia involves only one sampling of blood in accordance with Part 4, Chapter II, point 2(b), of Annex II to Delegated Regulation (EU) 2020/686.
(17) Implementing Regulation (EU) 2021/403 should therefore be amended accordingly.
(18) Articles 8 to 11 of Implementing Regulation (EU) 2021/403 provide that the animal health certificates to be used for the movements between Member States of certain types of germinal products of bovine, ovine, caprine, porcine and equine animals are to correspond to the models set out in Chapters 23 to 54 of Annex I thereto and referred to in those Articles. The titles of those models contain non-substantive errors, including ambiguous word order and inconsistent references. For reasons of legal clarity and consistency, those errors in Articles 8 to 11 and Annex I to Implementing Regulation (EU) 2021/403 should be corrected accordingly.
(19) The German language version of Annex I to Implementing Regulation (EU) 2021/403 contains non-substantive errors, including erroneous references, minor omissions, as well as terminological, grammatical, and spelling errors, which for reasons of expediency and simplification should be corrected together with the amendments made by this Regulation to that Implementing Regulation since this Regulation replaces Annex I to that Implementing Regulation in its entirety. The other language versions are not affected.
(20) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,