CELEX: 32021R1699
Language: en
Date: 2021-09-22 00:00:00
Title: 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)

23.9.2021   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 336/42
               
            
         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).
      
      
         
            ANNEX
            In Chapter III of Annex VIII to Regulation (EU) No 142/2011, the following point 7 is added:
            
                        ‘7.
                     
                     
                        Model Health Certificate
                     
                  
               Model of health certificate for movement of animal by-products from restricted zones established for the prevention and control of certain listed diseases
            
            
               
            
               Animal by-products from restricted zones established for the prevention and control of certain listed diseases
            
            
                         
                     
                     
                        
                                    II.
                                 
                                 
                                    Health information
                                 
                              
                     
                        
                                    II.a.
                                 
                                 
                                    Certificate reference number
                                 
                              
                     
                        
                                    II.b.
                                 
                                 
                                    Local reference number
                                 
                              
                  
                        
                           Part II: Certification
                        
                     
                     
                        I, the undersigned official veterinarian, hereby certify that:
                        
                                    (1)either
                                 
                                 
                                    
                                                [II.1
                                             
                                             
                                                The animal by-products described in Part I were obtained from kept animals:
                                             
                                          
                                                (1)either
                                             
                                             
                                                [killed for the purpose of the prevention and control of:
                                                
                                                            (1) either
                                                         
                                                         
                                                            […(introduce the name of the relevant category A disease) following the instructions of the competent authority in accordance with Regulation (EU) 2020/687 and are intended for processing by
                                                            
                                                                        (1) either
                                                                     
                                                                     
                                                                        [Method 1 to 5.]]]
                                                                     
                                                                  
                                                                        (1) or
                                                                     
                                                                     
                                                                        [incineration.]]]
                                                                     
                                                                  
                                                                        (1) or
                                                                     
                                                                     
                                                                        [co-incineration.]]]
                                                                     
                                                                  
                                                      
                                                            (1)or
                                                         
                                                         
                                                            […(introduce the name of the relevant emerging disease) following the instructions of the competent authority in accordance with emergency measures adopted by the Commission pursuant to Article 259 of Regulation (EU) 2016/429 and are intended for processing by
                                                            
                                                                        (1) either
                                                                     
                                                                     
                                                                        [Method 1 to 5.]]]
                                                                     
                                                                  
                                                                        (1) or
                                                                     
                                                                     
                                                                        [incineration.]]]
                                                                     
                                                                  
                                                                        (1) or
                                                                     
                                                                     
                                                                        [co-incineration.]]]
                                                                     
                                                                  
                                                      
                                          
                                                (1)or
                                             
                                             
                                                [not subject to killing by the competent authority for the purpose of prevention and control of category A diseases or emerging diseases, kept in establishments located in restricted zones established for the prevention and control of animal diseases in accordance with
                                                
                                                            (1) either
                                                         
                                                         
                                                            [Delegated Regulation (EU) 2020/687,]
                                                         
                                                      
                                                            (1) or
                                                         
                                                         
                                                            [temporary special disease control measures referred to in Article 71 of Regulation (EU) 2016/429,]
                                                         
                                                      
                                                            (1) or
                                                         
                                                         
                                                            [emergency measures adopted by the Commission in accordance with Article 259 of Regulation (EU) 2016/429,]
                                                         
                                                      and the animal by-products are moved from that restricted zone in compliance with the conditions set out in … (2), for the
                                                
                                                            (1) either
                                                         
                                                         
                                                            [processing by methods 1-5 as set out in Chapter II of Annex IV and in case of ensilage of by-products obtained from aquatic animals as set out in point K of Section 2 of Chapter IV of Annex IV to Regulation (EU) No 142/2011.]]]
                                                         
                                                      
                                                            (1) or
                                                         
                                                         
                                                            [processing or treatment by methods referred to in Annex X, Annex XI or Annex XIII to Regulation (EU) No 142/2011.]]]
                                                         
                                                      
                                                            (1) or
                                                         
                                                         
                                                            [production of processed petfood, other than raw petfood referred to in Annex XIII to Regulation (EU) No 142/2011.]]]
                                                         
                                                      
                                                            (1) or
                                                         
                                                         
                                                            [transformation into compost or biogas referred to in Section 1 of Chapter III of Annex V to Regulation (EU) No 142/2011.]]]
                                                         
                                                      
                                          
                              
                                    (1)or
                                 
                                 
                                    
                                                [II.1
                                             
                                             
                                                The animal by-products described in Part I were obtained from wild animals of listed species found dead or killed for the purpose of the prevention and control of …(introduce the name of the relevant category A disease) following the instructions of the competent authority(3) in accordance with Article 64(2)(c) of Delegated Regulation (EU) 2020/687 and are intended for processing by
                                             
                                          
                                                (1) either
                                             
                                             
                                                [Method 1 to 5.]]
                                             
                                          
                                                (1) or
                                             
                                             
                                                [incineration.]]
                                             
                                          
                                                (1) or
                                             
                                             
                                                [co-incineration.]]
                                             
                                          
                              Notes
                        Part I:
                        
                                    —
                                 
                                 
                                    Box reference I.9 and I.11: delete as appropriate.
                                 
                              
                                    —
                                 
                                 
                                    Box reference I.12, I.13 and I.17: approval number or registration number.
                                 
                              
                                    —
                                 
                                 
                                    Box reference I.14: complete if different from ‘I.1. Consignor’.
                                 
                              
                                    —
                                 
                                 
                                    Box reference I.25: for ‘processing’, ‘treatment’ or ‘transformation’
                                 
                              
                                    —
                                 
                                 
                                    Box reference I.31: Nature of commodity: ‘ABPs referred to in Article 22(5) of Delegated Regulation (EU) 2020/687.’ Category: ‘Category 1’,‘Category 2’ or ‘Category 3’
                                 
                              Part II:
                        
                                    (1)
                                 
                                 
                                    Delete as appropriate.
                                 
                              
                                    (2)
                                 
                                 
                                    Insert the number of the relevant article(s), the title and date of publication in the Official Journal of the European Union of the relevant legal act adopted by the Commission providing those conditions or the reference to the legal act or instruction approved and made public by the competent authority providing for those conditions.
                                 
                              
                                    (3)
                                 
                                 
                                    See special legislation on the prevention of transmissible diseases.
                                 
                              
                  
                         
                     
                     
                        Official veterinarian
                        Name (in Capital):
                        Local Veterinary Unit:
                        Date:
                        Stamp:
                     
                     
                        Qualification and title:
                        LVU No:
                        Signature:’