COMMISSION IMPLEMENTING REGULATION (EU) 2022/55

of 9 November 2021

amending Implementing Regulation (EU) 2021/403 as regards the addition of a new model certificate for the entry into the Union of certain ungulates which originate in the Union, that are moved to a third country or territory for their participation in events, exhibitions, displays and shows and are then moved back to the Union, and amending Implementing Regulation (EU) 2021/404 as regards the list of third countries authorised for the entry into the Union of ungulates

(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 230(1), 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, first paragraph, points (a) and (e), and Article 126(3) thereof,

Whereas:

(1) Regulation (EU) 2016/429 lays down rules on animal diseases that are transmissible to animals or to humans, including requirements for official animal health certification for various movements of animals, germinal products and products of animal origin and requirements for entry into the Union of animals, germinal products and products of animal origin. Those requirements related to the entry into the Union are further specified in Commission Delegated Regulation (EU) 2020/692 (3).

(2) Article 239(2), point (a)(iv), of Regulation (EU) 2016/429 provides for the possibility for the Commission to adopt special rules regarding derogations from the general requirements for entry into the Union of animals which originate in the Union and are moved to a third country or territory and then are moved back to the Union from that third country or territory. Based on that Article, Article 177 of Delegated Regulation (EU) 2020/692 has been amended by Commission Delegated Regulation (EU) 2022/54 (4) to lay down special rules for the entry of ungulates that originate in the Union, are moved to a third country or territory to participate in events, exhibitions, displays and shows (events) organised outside the Union and are then moved back immediately to the Union.

(3) Annex II to Commission Implementing Regulation (EU) 2021/403 (5) lays down, among others, model animal health/official certificates and declarations for the entry into the Union and transit through the Union of terrestrial animals. However, that Implementing Regulation does not include any model certificate to accompany consignments of ungulates that originate in the Union, are moved to a third country or territory to participate in events organised outside the Union and are then moved back immediately to the Union. In that certificate the competent authority of the third country or territory where the event takes place should provide the necessary guarantees as regards compliance with the animal health requirements for these specific entries of animals, provided for in Article 177 of Delegated Regulation (EU) 2020/692 as amended. To avoid any undue trade disruption, it is necessary therefore to amend Implementing Regulation (EU) 2021/403 to provide for this model certificate to accompany those consignments.

(4) Commission Implementing Regulation (EU) 2021/404 (6) establishes the lists of third countries, territories or zones thereof, from which the entry into the Union of species and categories of animals that fall within the scope of Delegated Regulation (EU) 2020/692 is permitted. In particular, Part 1 of Annex II to that Implementing Regulation provides for the list of third countries, territories or zones thereof, from which the entry into the Union of ungulates is permitted. Part 4 of that Annex provides for certain animal health guarantees that may be assigned to certain third countries, territories or zones thereof in accordance with Article 237 of Regulation (EU) 2016/429. Due to the animal health risks that could be posed by movements of ungulates originating in the Union, moved to a third country or territory and then moved back immediately to the Union, the possibility provided for in Article 177 of Delegated Regulation (EU) 2020/692 for entry of such ungulates back in the Union following participation in events organised outside the Union should be limited to certain third countries and territories providing the necessary guarantees. This possibility should therefore be described as an animal health guarantee in Part 4 of Annex II to Implementing Regulation (EU) 2021/404 and limited to certain third countries or territories authorised for the entry into the Union of ungulates in Part 1 of that Annex.

(5) Implementing Regulations (EU) 2021/403 and (EU) 2021/404 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1 Implementing Regulation (EU) 2021/403 is amended as follows: (1) in Article 14, a new point (l) is added after point (k): ‘(l) ENTRY-EVENTS drawn up in accordance with the model set out in Chapter 12 of Annex II, for the entry into the Union of certain ungulates which originate in the Union, are moved to a third country or territory for their participation in events, exhibitions, displays and shows and are then moved back to the Union.’; (2) Annex II is amended in accordance with Annex I to this Regulation.

Article 2 Annex II to Implementing Regulation (EU) 2021/404 is amended in accordance with Annex II 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, 9 November 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 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).

(4) Commission Delegated Regulation (EU) 2022/54 of 21 October 2021 amending Delegated Regulation (EU) 2020/692 as regards additional requirements for the entry into the Union of certain ungulates which originate in the Union, are moved to a third country or territory to participate in events, exhibitions, displays and shows and are then moved back to the Union (see page 1 of this Official Journal).

(5) Commission 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).

(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).