COMMISSION IMPLEMENTING REGULATION (EU) 2021/1699

of 22 September 2021

amending Annex VIII to Regulation (EU) No 142/2011 as regards the model health certificate for movements of consignments of animal by-products from restricted zones established for the prevention and control of certain listed diseases

(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 Article 146(2), thereof,

Having regard to Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (2), and in particular Article 21(5), point (b), thereof,

Whereas:

(1) Commission Regulation (EU) No 142/2011 (3) lays down implementing measures for the public and animal health rules for animal by-products and derived products laid down in Regulation (EC) No 1069/2009, including models of health certificates and the conditions governing the ways they must accompany consignments of such products.

(2) Article 6 of Regulation (EC) No 1069/2009 provides for general animal health restrictions on the dispatch of animal by-products and derived products from susceptible species from holdings, establishments, plants or zones which are subject to restrictions pursuant to Union veterinary legislation or due to the presence of a serious transmissible disease listed in Annex I to Directive 92/119/EEC (4). That Directive is repealed and replaced by Regulation (EU) 2016/429 of the European Parliament and of the Council with effect from 21 April 2021. Regulation (EU) 2016/429 introduces, among others, a new set of rules on prevention and controls of certain diseases.

(3) Commission Delegated Regulation (EU) 2020/687 (5) lays down rules for the prevention and control of certain listed diseases. Article 22(5) of that Delegated Regulation provides that animal by-products originating from and moved outside a restricted zone established when an outbreak of a category A disease is confirmed, in order to prevent any further spread of the disease must be accompanied by an health certificate issued by an official veterinarian stating that they are allowed to be moved from the restricted zone under the conditions established by the competent authority in accordance with Chapter II of Part II of that Delegated Regulation.

(4) Regulation (EU) No 142/2011 provides rules for placing on the market of animal by products. Article 17 of Regulation (EU) No 142/2011 provides that consignments of animal by-products are to be accompanied during transport by commercial documents or health certificates set out in Chapter III of Annex VIII to that Regulation. Animal by-products legislation is a comprehensive set of rules, in particular rules on categorisation, collection, transport and processing of animal by-products. Accordingly, a new model certificate, referred to in Article 22(5) of Delegated Regulation (EU) 2020/687, should be introduced in the Chapter III of Annex VIII to Regulation (EU) No 142/2011.

(5) Annex VIII to Regulation (EU) No 142/2011 should be amended accordingly.

(6) Appropriate transitional period should be introduced to enable Member States and stakeholders to adapt to the new rules on movement of animal by-products from the restricted zones established in accordance with Delegated Regulation (EU) 2020/687.

(7) 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 VIII to Regulation (EU) No 142/2011 is amended in accordance with the Annex to this Regulation.

Article 2 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 17 October 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 September 2021. For the Commission The President Ursula VON DER LEYEN

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

(2) OJ L 300, 14.11.2009, p. 1.

(3) Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).

(4) Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (OJ L 62, 15.3.1993, p. 69).

(5) Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed diseases (OJ L 174, 3.6.2020, p. 64).