COMMISSION IMPLEMENTING REGULATION (EU) 2021/1469

of 10 September 2021

amending Implementing Regulation (EU) 2020/2235 as regards the addition of a new model certificate for products of animal origin that originate in the Union, are moved to a third country or territory and moved back to the Union after unloading, storage and reloading in that third country or territory, amending Implementing Regulation (EU) 2021/404 as regards the list of third countries authorised for entry into the Union of products of animal origin originated in and returning to the Union from a third country or territory, and amending Implementing Regulation (EU) 2021/405 as regards the list of third countries or regions thereof authorised for entry into the Union of products of animal origin and certain goods originated in and returning to the Union from a third country or region 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’) (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 Articles 126(3) and 127(2) 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 including requirements for entry into the Union. Those requirements related to the entry into the Union of live animals, germinal products and products of animal origin are further specified in Commission Delegated Regulation (EU) 2020/692 (3).

(2) Regulation (EU) 2017/625 lays down rules for the performance of official controls and other official activities performed by the competent authorities of the Member States to ensure compliance with the rules referred to in its Article 1(2), among others, rules on food safety at all stages of production, processing and distribution and animal health and welfare requirements and animal by-products.

(3) Commission Implementing Regulation (EU) 2020/2235 (4) lays down model animal health/official certificates and official certificates for the entry into the Union of animals, products of animal origin, composite products, germinal products, animal by-products, sprouts for human consumption and seeds intended for the production of sprouts for human consumption.

(4) However, Implementing Regulation (EU) 2020/2235 does not include any model certificate to cover the entry into the Union of those products and goods which originate in the Union and which are moved to a third country or territory, and are then moved back to the Union from that third country or territory after unloading, storage and reloading. It is necessary therefore to amend that Implementing Regulation to provide for such type of model certificate and avoid undue trade disruptions in such cases.

(5) Article 229 of Regulation (EU) 2016/429 requires that consignments of animals, germinal products and products of animal origin entering the Union must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation.

(6) Delegated Regulation (EU) 2020/692 supplements Regulation (EU) 2016/429 as regards the animal health requirements for the entry into the Union of consignments of animals, germinal products and products of animal origin from third countries or territories or zones thereof, or compartments thereof in the case of aquaculture animals. Article 3, first paragraph, point (a) of Delegated Regulation (EU) 2020/692 provides that consignments of animals, germinal products and products of animal origin falling within its scope may only be permitted to enter into the Union if they come from a third country or territory, or zone or compartment thereof, listed for the particular species of animals, germinal products and products of animal origin in accordance with the animal health requirements laid down in that Delegated Regulation.

(7) Commission Implementing Regulation (EU) 2021/404 (5) establishes the lists of third countries, territories or zones thereof, or in the case of aquaculture animals compartments thereof, from which the entry into the Union of those species and categories of animals and those categories of germinal products and products of animal origin that fall within the scope of Delegated Regulation (EU) 2020/692 is permitted.

(8) Annex XXII to Implementing Regulation (EU) 2021/404 provides for the list of third countries authorised for the entry into the Union of consignments of animals, germinal products or products of animal origin originated in and returning to the Union after being transported through a third country or territory. That Annex should be amended to list the third countries or territories authorised for the entry into the Union of consignments of products of animal origin originated in the Union that, after storage in those third countries or territories, are moved back to the Union and to assign the specific conditions that need to be fulfilled in such cases.

(9) Regulation (EU) 2017/625 also provides that consignments of certain animals and goods are only to enter the Union from a third country or region thereof which appears on a list drawn up by the Commission for that purpose.

(10) Commission Delegated Regulation (EU) 2019/625 (6) supplements Regulation (EU) 2017/625 as regards the conditions for the entry into the Union of consignments of certain animals and goods intended for human consumption from third countries or regions thereof in order to ensure that they comply with the relevant requirements established in the rules referred to in Article 1(2)(a) of Regulation (EU) 2017/625 or with requirements recognised to be at least equivalent.

(11) Commission Implementing Regulation (EU) 2021/405 (7) lays down the lists of third countries or regions thereof from which the entry into the Union of products of animal origin and certain goods is permitted, supplementing the lists laid down in Implementing Regulation (EU) 2021/404. To allow the entry into the Union of products of animal origin that do not fall within the scope of Delegated Regulation (EU) 2020/692, Implementing Regulation (EU) 2021/405 should be amended to list the third countries or regions authorised for the entry into the Union of consignments of these products of animal origin and certain goods which originated from the Union that, after storage in those third countries or regions, are moved back to the Union and comply with the conditions laid down in Delegated Regulation (EU) 2019/625.

(12) Implementing Regulations (EU) 2020/2235, (EU) 2021/404 and (EU) 2021/405 should therefore be amended accordingly.

(13) In the interest of legal certainty, this Regulation should enter into force as a matter of urgency.

(14) 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) 2020/2235 is amended as follows: (1) the following Article 30a is inserted between Articles 30 and 31: ‘Article 30a Model animal health/official certificate for the entry into the Union of products of animal origin and certain goods that originated in the Union, are moved to a third country or territory and moved back to the Union after unloading, storage and reloading in that third country or territory The animal health/official certificate referred to in Article 1(3), point (b)(i), to be used for the entry into the Union of products of animal origin and certain goods that originated in the Union, are moved to a third country or territory and moved back to the Union after unloading, storage and reloading in that third country or territory, shall correspond to the model STORAGE-TC-PAO drawn up in accordance with the model set out in Chapter 53 of Annex III.’; (2) Annex III is amended in accordance with Annex I to this Regulation.

Article 2 Annex XXII to Implementing Regulation (EU) 2021/404 is amended in accordance with Annex II to this Regulation.

Article 3 The following Article 26a is inserted between Articles 26 and 27 of Implementing Regulation (EU) 2021/405: ‘Article 26a List of third counties authorised for the entry into the Union of products of animal origin and certain goods that originated from the Union, are moved to a third country or region thereof and moved back to the Union after unloading, storage and reloading in that third country or region thereof Consignments of products of animal origin and certain goods that originated from the Union, are moved to a third country or region thereof and moved back to the Union after unloading, storage and reloading in that third country or region thereof, shall only be authorised for the entry into the Union if they come from the third countries or regions thereof authorised for the entry into the Union in accordance with Annex XXII to Implementing Regulation (EU) 2021/404 and listed in Decision 2011/163/EU.’.

Article 4 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, 10 September 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 Implementing Regulation (EU) 2020/2235 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, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1).

(5) 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).

(6) Commission Delegated Regulation (EU) 2019/625 of 4 March 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption (OJ L 131, 17.5.2019, p. 18).

(7) Commission Implementing Regulation (EU) 2021/405 of 24 March 2021 laying down the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 118).