CELEX: 32021R1938
Language: en
Date: 2021-11-09 00:00:00
Title: Commission Implementing Regulation (EU) 2021/1938 of 9 November 2021 establishing the model identification document for non-commercial movements of pet birds into a Member State from a territory or a third country and repealing Decision 2007/25/EC (Text with EEA relevance)

10.11.2021   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 396/47
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2021/1938
         of 9 November 2021
         establishing the model identification document for non-commercial movements of pet birds into a Member State from a territory or a third country and repealing Decision 2007/25/EC
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (1), and in particular Articles 30 and 36 thereof,
         Whereas:
         
                     (1)
                  
                  
                     Regulation (EU) No 576/2013 lays down the animal health requirements applicable to non-commercial movements of pet animals, including birds referred to in Part B of Annex I thereto (pet birds), into a Member State from a territory or a third country, including the rules for documentary and identity checks on such non-commercial movements.
                  
               
                     (2)
                  
                  
                     Article 14 of Regulation (EU) No 576/2013 provides that pet birds moved into a Member State from a territory or a third country are to be accompanied by an identification document. Article 30 of that Regulation also provides for a model identification document to be adopted by the Commission by way of an implementing act, and that that identification document is to contain a written declaration by the owner or an authorised person confirming that the movement of the pet bird into the Union is a non-commercial movement (written declaration). Accordingly, this Regulation should establish that model identification document, which should consist of a veterinary certificate (veterinary certificate), as well as the written declaration.
                  
               
                     (3)
                  
                  
                     Animal health requirements for the non-commercial movements of pet birds into a Member State from a territory or a third country are laid down in Commission Delegated Regulation (EU) 2021/1933 (2), which applies from 1 January 2022. Therefore, the model identification document should take into account the rules laid down in that Delegated Regulation.
                  
               
                     (4)
                  
                  
                     The current certification rules regarding non-commercial movements of pet birds into a Member State from a territory or a third country are laid down in Commission Decision 2007/25/EC (3). As the rules laid down in that Decision are to be replaced by the rules laid down in Delegated Regulation (EU) 2021/1933 and in this Regulation, Decision 2007/25/EC should be repealed and any reference to that Decision should be construed as reference to this Regulation and to Delegated Regulation (EU) 2021/1933.
                  
               
                     (5)
                  
                  
                     In order to avoid any disturbances with regard to the introduction of pet birds into the Union, the use of a veterinary certificate and a declaration complying with the rules laid down in Decision 2007/25/EC should be authorised during a transitional period of three months following the date of application of this Regulation, subject to certain conditions.
                  
               
                     (6)
                  
                  
                     As the rules laid down in this Regulation, are to be applied in tandem with the rules laid down in Delegated Regulation (EU) 2021/1933, this Regulation should also apply from 1 January 2022.
                  
               
                     (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
            Subject matter and scope
            This Regulation establishes a model of the identification document referred to in Article 14(2), point (c), of Regulation (EU) No 576/2013 to be used for non-commercial movements of pet animals of the avian species referred to in Part B of Annex I thereto (pet birds), into a Member State from a territory or third country.
         
         
            Article 2
            Model identification document
            
               1.   The model of the identification document referred to in Article 1 is set out in the Annex, and consists of the following:
               
                           (a)
                        
                        
                           the veterinary certificate set out in Part 1 of the Annex;
                        
                     
                           (b)
                        
                        
                           the written declaration to be signed by the owner or an authorised person set out in Part 2 of the Annex.
                        
                     
            
               2.   The veterinary certificate referred to in paragraph 1, point (a), shall comply with the following:
               
                           (a)
                        
                        
                           it must be completed in accordance with the notes in Part II of the veterinary certificate;
                        
                     
                           (b)
                        
                        
                           it must be issued by an official veterinarian of the territory or third country of dispatch or by an authorised veterinarian and subsequently endorsed by the competent authority of that territory or third country in accordance with the requirements regarding the issuing of the veterinary certificate set out in Part 3 of the Annex.
                        
                     
            
               3.   The written declaration referred to in paragraph 1, point (b), shall be completed by the owner or the authorised person in accordance with the requirements regarding the issuing of the written declaration set out in Part 4 of the Annex.
            
         
         
            Article 3
            Repeal
            Decision 2007/25/EC is repealed.
            References to the repealed Decision shall be construed as references to this Regulation and to Delegated Regulation (EU) 2021/1933.
         
         
            Article 4
            Transitional measures
            For a transitional period until 31 March 2022, Member States shall continue to authorise the non-commercial movement into the Union of pet birds accompanied by a veterinary certificate issued no later than 15 March 2022 in accordance with the model veterinary certificate set out in Annex II to Decision 2007/25/EC and the Declaration set out in Annex III thereto.
         
         
            Article 5
            Entry into force and applicability
            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 1 January 2022.
         
         
            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 178, 28.6.2013, p. 1.
         
            (2)  Commission Delegated Regulation (EU) 2021/1933 of 10 November 2021 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to the rules for non-commercial movements of pet birds into a Member State from a territory or a third country (OJ L 396., 10.11.2021, p. 4).
         
            (3)  Commission Decision 2007/25/EC of 22 December 2006 as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community (OJ L 8, 13.1.2007, p. 29).
      
      
         
            ANNEX
            
               Model of the identification document referred to in Article 14(2), point (c), of Regulation (EU) No 576/2013 for non-commercial movements of pet birds into a Member State from a territory or a third country
            
            PART 1
            
               Model veterinary certificate for non-commercial movements of pet birds into a Member State from a territory or third country
            
            
               
            
               
            
               
            
               
            PART 2
            
               Model of the written declaration referred to in Article 30(3) of Regulation (EU) No 576/2013
            
            
               Declaration
            
            I, the undersigned
            Name: …
            Address: …
            Telephone number: …
            
               (insert details of owner (1)
               or authorised person who has authorisation in writing from the owner to carry out the non-commercial movement on behalf of the owner (1) (2))
            declare that:
            
                        1.
                     
                     
                        The bird(s) will accompany the undersigned person, and are ‘pet animal(s)’ as defined in Article 3, point (b), of Regulation (EU) No 576/2013 intended for a non-commercial movement and are not intended to be sold or transferred to another owner.
                     
                  
                        2.
                     
                     
                        The bird(s) will remain under the responsibility of the undersigned person during its/their non-commercial movement.
                     
                  
                        3.
                     
                     
                        During the period between the pre-movement clinical inspection by an official veterinarian or authorised veterinarian and the actual departure, the bird(s) will remain isolated and will not come in contact with any other bird(s).
                     
                  
                        4.
                     
                     
                        
                                     (1)
                                       either
                                    
                                 
                                 
                                    [The bird(s) will be moved to a household or another residence within the European Union … (insert address (2)) and will not be entered in shows, fairs, exhibitions or other gatherings of birds during the period of 30 days following the date of entry into the European Union, and
                                    
                                                 (1)
                                                   either
                                                
                                             
                                             
                                                [the bird(s) has/have been confined on the premises of origin for a period of at least the 30 days immediately prior to the date of dispatch to the European Union without coming into contact with any other bird(s).]]
                                             
                                          
                                                 (1)
                                                   or
                                                
                                             
                                             
                                                [the bird(s) has/have been vaccinated against avian influenza of the H5 and H7 subtypes by a veterinarian.]]
                                             
                                          
                                                 (1)
                                                   or
                                                
                                             
                                             
                                                [the bird(s) has/have undergone the 14 days pre-movement isolation and tested negative in a test to detect the avian influenza H5 and H7 antigen or genome.]]
                                             
                                          
                              
                                     (1)
                                       or
                                    
                                 
                                 
                                    [I have made arrangements for the 30 days post-introduction quarantine of the bird(s) at the quarantine establishment … (2) (3) (4), as indicated in the corresponding veterinary certificate.]
                                 
                              
                                     (1)
                                       or
                                    
                                 
                                 
                                    [The Member State of destination has granted a derogation under Article 32 of Regulation (EU) No 576/2013 for the non-commercial movement of the pet bird(s) into its territory (4).]
                                    
                                                …
                                                Date and Place
                                             
                                             
                                                …
                                                Name and Signature
                                             
                                          
                              
                  This written declaration is valid for a period of 10 days from the date of signature of the veterinary certificate by the official veterinarian of the territory or third country of origin. In the case of transport by sea, the period of validity shall be prolonged by an additional period corresponding to the duration of the sea voyage
            PART 3
            
               Requirements regarding the issuing of the veterinary certificate set out in Part 1
            
            The following shall apply to the issuing of the veterinary certificate set out in Part 1 of this Annex:
            
                        (a)
                     
                     
                        Where the veterinary certificate states that certain statements shall be kept as appropriate, statements which are not relevant shall be crossed out and initialled and stamped by the official veterinarian or authorised veterinarian, or completely deleted from the veterinary certificate.
                     
                  
                        (b)
                     
                     
                        The original of each veterinary certificate shall consist of a single sheet of paper, or, where more text is required it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible veterinary certificate.
                     
                  
                        (c)
                     
                     
                        The veterinary certificate shall be drawn up in at least one of the official languages of the Member State of entry into the Union and in English and it shall be completed in block letters.
                     
                  
                        (d)
                     
                     
                        If additional sheets of paper or supporting documents are attached to the veterinary certificate, those sheets of paper or documents shall also be considered as forming part of the original of the veterinary certificate by the application of the signature and stamp of the official veterinarian or authorised veterinarian, on each of those pages.
                     
                  
                        (e)
                     
                     
                        When the veterinary certificate, including any additional sheets of paper or supporting documents referred to in point (d), comprises more than one page, each page shall be numbered (page number of total number of pages) at the end of the page and shall bear at the top of each page the veterinary certificate reference number that has been designated by the competent authority.
                     
                  
                        (f)
                     
                     
                        The original of the veterinary certificate shall be issued by an official veterinarian of the territory or third country of dispatch or alternatively by an authorised veterinarian and subsequently endorsed by the competent authority of the territory or third country of dispatch. The competent authority of the territory or third country of dispatch shall ensure that rules and principles of certification equivalent to those laid down in Articles 86 to 89 of Regulation (EU) 2017/625 of the European Parliament and of the Council (1) are followed. The colour of the signature(s) on the veterinary certificate shall be different from that of the printing. This requirement shall also apply to stamps other than those embossed or watermarked.
                     
                  
                        (g)
                     
                     
                        The veterinary certificate reference number referred to in Boxes I.2 and II.a of the veterinary certificate shall be issued by the competent authority of the territory or third country of dispatch.
                     
                  PART 4
            
               Requirements regarding the issuing of the written declaration set out in Part 2
            
            The written declaration shall be drawn up in at least one of the official language(s) of the Member State of entry into the Union and in English and shall be completed in block letters.
            
               (1)  Keep as appropriate.
            
               (2)  Insert information in block letters
            
               (3)  Insert name, approval number and contact details of quarantine establishment.
            
               (4)  Evidence must be provided to the official veterinarian of the territory or third country.
            
               (1)  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) (OJ L 95, 7.4.2017, p. 1).