# L_2023071EN.01002701.xml

| 9.3.2023 | EN | Official Journal of the European Union | L 71/27 |
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9.3.2023

EN

Official Journal of the European Union

L 71/27

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COMMISSION IMPLEMENTING REGULATION (EU) 2023/516

of 8 March 2023

amending Implementing Regulation (EU) 2020/2236 as regards the model animal health certificate for the entry into the Union of consignments of aquatic animals intended for certain aquaculture establishments, for release into the wild or for other purposes, excluding direct human consumption

(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 238(3), points (a) and (c), 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 thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) 2020/2236 (3) sets out the 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. |
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(1)

Commission Implementing Regulation (EU) 2020/2236 (3) sets out the 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.

| (2) | In particular, Annex II to Implementing Regulation (EU) 2020/2236 sets out the model animal health certificate for the entry into the Union of consignments of aquatic animals intended for certain aquaculture establishments, for release into the wild or for other purposes, excluding direct human consumption (model ‘AQUA-ENTRY-ESTAB/RELEASE/OTHER’). Article 166 of Commission Delegated Regulation (EU) 2020/692 (4) was recently amended by Delegated Regulation (EU) 2023/119 (5) in order to permit aquatic animal health professionals to perform clinical inspections on consignments of aquatic animals prior to export to the Union, provided they are authorised to do so under the law of the exporting third country or territory. Those new requirements for the entry into the Union of those consignments should be reflected in point II.3.2. of that model animal health certificate. Annex II to Implementing Regulation (EU) 2020/2236 should therefore be amended accordingly. |
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(2)

In particular, Annex II to Implementing Regulation (EU) 2020/2236 sets out the model animal health certificate for the entry into the Union of consignments of aquatic animals intended for certain aquaculture establishments, for release into the wild or for other purposes, excluding direct human consumption (model ‘AQUA-ENTRY-ESTAB/RELEASE/OTHER’). Article 166 of Commission Delegated Regulation (EU) 2020/692 (4) was recently amended by Delegated Regulation (EU) 2023/119 (5) in order to permit aquatic animal health professionals to perform clinical inspections on consignments of aquatic animals prior to export to the Union, provided they are authorised to do so under the law of the exporting third country or territory. Those new requirements for the entry into the Union of those consignments should be reflected in point II.3.2. of that model animal health certificate. Annex II to Implementing Regulation (EU) 2020/2236 should therefore be amended accordingly.

| (3) | In order to avoid any disruption to trade as regards the entry into the Union of consignments of aquatic animals intended for certain aquaculture establishments, for release into the wild or for other purposes, excluding direct human consumption, the use of animal health certificate issued in accordance with Implementing Regulation (EU) 2020/2236, as applicable prior to the amendments made by this Implementing Regulation, should continue to be authorised during a transitional period subject to certain conditions. |
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(3)

In order to avoid any disruption to trade as regards the entry into the Union of consignments of aquatic animals intended for certain aquaculture establishments, for release into the wild or for other purposes, excluding direct human consumption, the use of animal health certificate issued in accordance with Implementing Regulation (EU) 2020/2236, as applicable prior to the amendments made by this Implementing Regulation, should continue to be authorised during a transitional period subject to certain conditions.

| (4) | As Implementing Regulation (EU) 2020/2236 applies from 21 April 2021, in the interest of legal certainty and to facilitate trade, the amendments to be made to Implementing Regulation (EU) 2020/2236 by this Regulation should take effect as a matter of urgency. |
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(4)

As Implementing Regulation (EU) 2020/2236 applies from 21 April 2021, in the interest of legal certainty and to facilitate trade, the amendments to be made to Implementing Regulation (EU) 2020/2236 by this Regulation should take effect as a matter of urgency.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
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(5)

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

Annex II to Implementing Regulation (EU) 2020/2236 is amended in accordance with the Annex to this Regulation.

Article 2

For a transitional period until 15 December 2023, consignments of aquatic animals intended for certain aquaculture establishments, for release into the wild or for other purposes, excluding direct human consumption, accompanied by the animal health certificate issued in accordance with the model set out in Annex II to Implementing Regulation (EU) 2020/2236, as applicable before the amendments made to that Implementing Regulation by this Implementing Regulation, shall continue to be authorised for entry into the Union provided that the certificate was issued no later than 15 September 2023.

Article 3

This Regulation shall enter into force on the 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, 8 March 2023.

For the Commission

The President

Ursula VON DER LEYEN

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

1

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

2

(3)  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).

3

(4)  Commission 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).

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(5)  Commission Delegated Regulation (EU) 2023/119 of 9 November 2022 amending Delegated Regulation (EU) 2020/692 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 16, 18.1.2023, p. 5).

5

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ANNEX

Annex II to Implementing Regulation (EU) 2020/2236 is replaced by the following:

‘ANNEX II

Annex II contains the following model animal health certificate:

Model

| AQUA-ENTRY-ESTAB/RELEASE/OTHER | Model animal health certificate for the entry into the Union of aquatic animals intended for certain aquaculture establishments, for release into the wild or for other purposes, excluding direct human consumption |
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AQUA-ENTRY-ESTAB/RELEASE/OTHER

Model animal health certificate for the entry into the Union of aquatic animals intended for certain aquaculture establishments, for release into the wild or for other purposes, excluding direct human consumption

MODEL ANIMAL HEALTH CERTIFICATE FOR THE ENTRY INTO THE UNION OF AQUATIC ANIMALS INTENDED FOR CERTAIN AQUACULTURE ESTABLISHMENTS, FOR RELEASE INTO THE WILD OR FOR OTHER PURPOSES, EXCLUDING DIRECT HUMAN CONSUMPTION (MODEL ‘AQUA-ENTRY-ESTAB/RELEASE/OTHER’)

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