CELEX: 
Language: en
Date: 2020-08-25 00:00:00
Title: COMMISSION DELEGATED REGULATION (EU) …/... amending Delegated Regulation (EU) 2019/2035 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs

EUROPEAN
                            COMMISSION
                                                      Brussels, 25.8.2020
                                                      C(2020) 5730 final
                 COMMISSION DELEGATED REGULATION (EU) …/...
                                          of 25.8.2020
       amending Delegated Regulation (EU) 2019/2035 supplementing Regulation (EU)
         2016/429 of the European Parliament and of the Council as regards rules for
   establishments keeping terrestrial animals and hatcheries, and the traceability of certain
                          kept terrestrial animals and hatching eggs
                                   (Text with EEA relevance)
EN                                                                                            EN
 ---pagebreak---                                    EXPLANATORY MEMORANDUM
   1.       CONTEXT OF THE DELEGATED ACT
   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 lays down rules for the prevention and control of diseases,
   which are transmissible to animals or humans, including inter alia rules for establishments
   keeping terrestrial animals and hatcheries, and for the traceability of certain kept terrestrial
   animals and hatching eggs within the Union. It also empowers the Commission to adopt rules
   to supplement certain non-essential elements of that Regulation by means of delegated acts.
   The Commission laid down such rules in Commission Delegated Regulation (EU) 2019/2035
   of 28 June 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of
   the Council as regards rules for establishments keeping terrestrial animals and hatcheries, and
   the traceability of certain kept terrestrial animals and hatching eggs 2. Part III of Delegated
   Regulation (EU) 2019/2035 includes rules for the traceability of kept terrestrial animals, and
   more specifically Title II of Part III lays down rules for the traceability of kept ovine and
   caprine animals, including the means and methods of identification of those animals, as well
   as derogations from certain requirements laid down in those provisions.
   In particular, Article 45 of Delegated Regulation (EU) 2019/2035 lays down obligations on
   operators of kept ovine and caprine animals as regards the means and methods of
   identification of those animals, and their application and use. One of the derogations from
   Article 45 of that delegated act provided for in Article 46(4) thereof, permits operators
   keeping ovine and caprine animals less than 12 months old to identify their animals by means
   of a single electronic ear tag with a visible display of the unique registration number of their
   establishment of birth and the individual identification code of the animal, where such
   animals are intended to be transported to a slaughterhouse, after undergoing an assembly
   operation or a fattening operation in another establishment, in the same Member State.
   That derogation was well accepted by the Member States and stakeholders during the
   development of the delegated act and in the context of the feedback period on the draft
   delegated act. However, subsequently the Commission received various comments from some
   stakeholders and Member States regarding that derogation, which was perceived as being too
   cumbersome for sheep and goat breeders, in particular given the low market price obtained for
   their animals being sent to slaughter. The use of a conventional ear tag was suggested as a
   more suitable and cheaper alternative to the electronic one.
   In light of those comments, the Commission considered that a conventional ear tag or a
   conventional pastern band, which is treated as an equivalent option to a conventional ear tag
   in Article 45(1) of Delegated Regulation (EU) 2019/2035, for animals intended to be moved
   directly to a slaughterhouse before the age of 12 months, could ensure a sufficient level of
   traceability when young ovine and caprine animals are moved, after a fattening operation, to a
   slaughterhouse within the same Member State. Therefore, this delegated act amends the rules
   laid down in Regulation (EU) 2019/2035 by allowing an additional derogation for the
   identification of young ovine and caprine animals moved, after undergoing a fattening
   operation, for slaughter within the same Member State. This additional derogation is aimed at
   ensuring the smooth functioning of the identification and registration system of these animals
   1
           OJ L 84, 31.3.2016, p. 1.
   2
           OJ L 314, 5.12.2019, p. 115.
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 ---pagebreak---    in the Union, by avoiding imposing disproportionate burdens and costs on operators, but at
   the same time ensuring the traceability of those animals.
   Moreover, the amendments introduced by this delegated act require that the Member States
   that will make use of certain derogations provided for in Article 46 of Delegated Regulation
   (EU) 2019/2035, including the additional one inserted by this draft delegated act, establish
   procedures for their application in their territory. This amendment aims to avoid any risk to
   animal health, or hampering of the traceability of kept ovine and caprine animals that might
   arise from the application of those derogations, as well as preventing any potential operational
   difficulties linked to their management.
   2.        CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
   The Commission had exchanges with the Expert Group on Animal Health (E00930) by means
   of a written consultation. The draft Delegated Regulation was also made available to the
   European Parliament and the Council. No comments were received from the European
   Parliament and the Council. Meeting were held with a range of stakeholders within the
   framework of the Animal Health Advisory Committee where the purpose and contents of the
   draft delegated act were illustrated and discussed.
   In additon, stakeholders’ comments on the draft Delegated Regulation were collected in the
   context of the Better Regulation feedback mechanism during the period between 19 May 2020
   and 16 June 2020. 3 feedbacks were received in total, including opinions of the following
   stakeholders: Confédération paysanne (FR), OVINFOS (FR), Federation nationale des
   eleveurs de chevres (FNEC)(FR).
   In addition, there were 3 opinions from the public authorities (BG, IE, and NL), submitted to
   the Commission by e-mail.
   The main following requests submitted and points made:
   –         the caprine sector welcomed the provisions of the this delegasted Regulation which
             supports the exisitng possibilities for derogations in Member States;
   –         the requests to introduce a provision for Member States to allow for a derogation in
             the national territories.
   3.      LEGAL ELEMENTS OF THE DELEGATED ACT
   This Delegated Regulation is to be adopted within the framework of Regulation (EU)
   2016/429 of the European Parliament and of the Council, and in particular pursuant to Article
   118(1) and (2) thereof.
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 ---pagebreak---                        COMMISSION DELEGATED REGULATION (EU) …/...
                                                   of 25.8.2020
        amending Delegated Regulation (EU) 2019/2035 supplementing Regulation (EU)
          2016/429 of the European Parliament and of the Council as regards rules for
   establishments keeping terrestrial animals and hatcheries, and the traceability of certain
                                kept terrestrial animals and hatching eggs
                                           (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')3, and in particular Article 118(1) and (2) thereof,
   Whereas:
   (1)     Regulation (EU) 2016/429 lays down rules for the prevention and control of diseases
           which are transmissible to animals or humans, including inter alia rules for
           establishments keeping terrestrial animals and hatcheries, and for the traceability of
           certain kept terrestrial animals and hatching eggs within the Union. It also empowers
           the Commission to adopt rules to supplement certain non-essential elements of that
           Regulation by means of delegated acts.
   (2)     Commission Delegated Regulation (EU) 2019/20354 lays down supplementing rules
           for registered and approved establishments for kept terrestrial animals and hatching
           eggs, and for the traceability of certain kept terrestrial animals and hatching eggs. In
           particular Title II of Part III of that Delegated Regulation lays down rules concerning
           the traceability of kept ovine and caprine animals, including obligations on operators
           as regards the means and methods of identification of those animals.
   (3)     In addition, Article 46 of Delegated Regulation (EU) 2019/2035 provides for certain
           derogations from the traceability requirements for kept ovine and caprine animals laid
           down in Article 45 of that act. This includes the possibility for operators keeping ovine
           and caprine animals less than 12 months old to identify their animals by means of a
           single electronic eartag with a visible display of the unique registration number and
           identification code, where those animals are intended to be transported to a
           slaughtehouse in the same Member State, after undergoing an assembly operation or a
           fattening operation. After the adoption of Delegated Regulation (EU) 2019/2035, the
           Commission received various comments from certain stakeholders and Member States
           concerning the potential implications of applying that derogation which was
           considered too cumbersome for sheep and goat breeders, particularly taking into
   3
           OJ L 84, 31.3.2016, p.1.
   4
           Commission Delegated Regulation (EU) 2019/2035 of 28 June 2019 supplementing Regulation (EU)
           2016/429 of the European Parliament and of the Council as regards rules for establishments keeping
           terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching
           eggs (OJ L 314, 5.12.2019, p.115).
EN                                                        3                                                          EN
 ---pagebreak---          account the low market price obtained by those breeders for animals slaughtered for
         human consumption. Taking into account the considerations laid down in Article
         118(3) of Regulation (EU) 2016/429, a conventional ear tag or a conventional pastern
         band could be regarded as ensuring a sufficient level of traceability when young kept
         ovine and caprine animals from different establishments of origin are moved, after a
         fattening operation, to a slaughterhouse. Also, a sufficient level of traceability can only
         be ensured if such movements are recorded in a single database, and therefore take
         place within the same Member State, which is also a requirment for most of the other
         derogations provided for in Article 46 of Delegated Regulation (EU) 2019/2035.
   (4)   Taking into account those considerations, it is appropriate to amend Regulation (EU)
         2019/2035 by adding an additional derogation for young kept ovine and caprine
         animals so that disproportionate burdens and costs are not imposed on operators, while
         at the same time ensuring the traceability of kept ovine and caprine animals and the
         smooth functioning of the identification and registration system for those animals.
   (5)   Moreover, Article 108 of Regulation (EU) 2016/429 requires Member States to have
         in place a system for the identification and registration of kept terrestrial animals,
         including kept ovine and caprine animals. That system should have established
         procedures for its proper functioning, including for the management of derogations,
         which are applied in the Member States. In order to avoid any risk to animal health,
         and to ensure the traceability of kept ovine and caprine animals, when certain
         derogations provided for in Article 46 of Regulation (EU) 2019/2035 are applied,
         there should be an obligation on Member States to establish procedures regarding the
         application of such derogations.
   (6)   As Delegated Regulation (EU) 2019/2035 applies from 21 April 2021, this Regulation
         should also apply from that date,
   HAS ADOPTED THIS REGULATION:
                                                Article 1
   Delegated Regulation (EU) 2019/2035 is amended as follows:
   (1)      In Article 45(4), point (a) is replaced by the following:
           ‘(a) one of the means of identification referred to in paragraph 2 of this Article, in
                 accordance with the derogations provided for in Article 46;’
   (2)     In Article 46, the following paragraph 5 is added:
           ‘5.   By way of derogation from Article 45(2), operators keeping ovine and caprine
                 animals intended to be transported to a slaughterhouse after undergoing a
                 fattening operation in another establishment may identify each animal at least
                 by a conventional ear tag or a conventional pastern band as listed in points (a)
                 and (b) of Annex III with a visible, legible and indelible display of either the
                 unique registration number of the establishment of birth of the animal, or the
                 identification code of the animal, provided that those animals:
                 (a)    are not intended to be moved to another Member State;
                 and
                 (b)    are slaughtered before the age of 12 months.’
   (3)     In Article 48(4), the following point (c) is added:
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 ---pagebreak---              ‘(c) operators for the application of the derogations provided for in Article 46(4)
                   and (5).’
                                               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 21 April 2021.
   This Regulation shall be binding in its entirety and directly applicable in all Member States.
   Done at Brussels, 25.8.2020
                                                 For the Commission
                                                 The President
                                                 Ursula VON DER LEYEN
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