Article 261 Commission emergency measures
1. Where a listed disease, an emerging disease or a hazard that is likely to constitute a serious risk occurs or spreads in a third country or territory, or if any other serious animal or public health reason so warrants, the Commission may, by means of an implementing act and acting on its own initiative or at the request of a Member State, adopt one or more of the following emergency measures, depending on the gravity of the situation: (a) suspend the entry into the Union of consignments of animals and products, and means of transport or other material, that may have come into contact with such consignments, which may spread that disease or hazard into the Union; (b) establish special requirements for the entry into the Union of animals and products, and of means of transport and other material that may have come into contact with such animals and products, which may spread that disease or hazard into the Union; (c) take any other appropriate emergency disease control measures to prevent the spread of such disease or hazard into the Union. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2). 2. On duly justified imperative grounds of urgency relating to serious risks, the Commission shall, after consulting the Member State concerned, adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 266(3).
Article 262 Emergency measures to be taken by Member States when the Commission does not act
1. Where a Member State has requested the Commission to take emergency measures in accordance with Article 261 and the Commission has not done so, that Member State: (a) may, pending the adoption of emergency measures by the Commission in accordance with paragraph 2 of this Article, take one or more of the emergency measures referred to in point (a) of Article 260 on an interim basis in respect of animals and products, and any means of transport and other material that may have come into contact with such animals and products, originating from the third country or territory referred to in Article 261(1), depending on the gravity of the situation within its territory; (b) shall inform the Commission and the competent authorities of the other Member States of such emergency measures without delay, giving the reason for their adoption. 2. The Commission shall review the situation and the emergency measures taken by the Member State concerned in accordance with paragraph 1 of this Article and shall, where necessary, adopt by means of an implementing act one or more of the emergency measures provided for in Article 261. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2). 3. On duly justified imperative grounds of urgency relating to serious risks, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 266(3).
Article 263 Amendments to Annex III
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning amendments to Annex III, limited exclusively to taking into account changes in taxonomy.
Article 264 Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. It is of particular importance that the Commission carry out consultations with experts, including Member States' experts, before adopting those delegated acts. 3. The power to adopt delegated acts referred to in Articles 3(5), 5(2) 5(4), 14(3), 16(2), 18(3), 20(3), 29, 31(5), 32(2), 37(5), 39, 41(3), 42(6), 47, 48(3), 53(2), 54(3), 55(2), 58(2), 63, 64(4), 67, 68(2), 68(3), 70(3), 72(2), 73(3), 74(4), 76(5), 77(2), 87(3), 94(3), 97(2), 101(3), 106(1), 109(2), 118, 119, 122(1), 122(2), 125(2), 131(1), 132(2), 135, 136(2), 137(2), 138(3), 139(4), 140, 144(1), 146(1), 147, 149(4), 151(3), 154(1), 156(1), 160(1), 160(2), 161(6), 162(4), 163(5), 164(2), 165(3), 166(3), 167(5), 168(3), 169(5), 176(4), 181(2), 185(5), 189(1), 192(2), 197(3), 200(3), 201(3), 202(3), 203(2), 204(3), 205(2), 211(1), 213(1), 214, 216(4), 218(3), 221(1), 222(3), 223(6), 224(3), 228(1), 230(3), 234(2), 237(4), 239(2), 240(2), 241(2), 242(2), 245(3), 246(3), 249(3), 252(1), 254, 263, 271(2), 272(2), 279(2), and 280(4) shall be conferred on the Commission for a period of five years from 20 April 2016. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 4. The delegation of power referred to in paragraph 3 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to the provisions listed in paragraph 3 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. 7. The Commission shall allow a period of at least six months to elapse between the adoption of the respective initial delegated acts referred to in Articles 3(5), 14(3), 16(2), 20(3), 122(2), 164(2) and 228(1) and the date on which they start to apply.
Article 265 Urgency procedure
1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 264(6). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.
Article 266 Committee procedure
1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. 4. The Commission shall allow a period of at least six months to elapse between the adoption of the respective initial implementing acts referred to in Articles 25(3), 120, and 228(2), when those implementing acts relate to the implementation of Article 117, and the date on which they start to apply.
Article 267 Data protection
1. Member States shall apply Directive 95/46/EC of the European Parliament and of the Council ( 64 ) to the processing of personal data carried out in the Member States pursuant to this Regulation. 2. Regulation (EC) No 45/2001 of the European Parliament and of the Council ( 65 ) shall apply to the processing of personal data carried out by the Commission pursuant to this Regulation.
Article 268 Penalties
The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that those rules are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by 22 April 2022 at the latest and shall notify it without delay of any subsequent amendments affecting them.
Article 269 Additional or more stringent measures by Member States
1. In addition to what follows from other provisions in this Regulation, allowing the Member States to adopt national measures, Member States may apply within their territories measures that are additional to, or more stringent than, those laid down in this Regulation, concerning: (a) responsibilities for animal health as provided for in Chapter 3 of Part I (Articles 10 to 17); (b) notification within Member States as provided for in Article 18; (c) surveillance as provided for in Chapter 2 of Part II (Articles 24 to 30); (d) registration, approval, record-keeping and registers as provided for in Chapter 1 of Title I (Articles 84 to 107), and Chapter 1 of Title II, of Part IV (Articles 172 to 190); (e) traceability requirements for kept terrestrial animals and germinal products as provided for in Chapter 2 of Title I of Part IV (Articles 108 to 123). 2. The national measures referred to in paragraph 1 shall respect the rules laid down in this Regulation and shall not: (a) hinder the movement of animals and products between Member States; (b) be inconsistent with the rules referred to in paragraph 1.
Article 270 Repeals
1. Decisions 78/642/EEC, 89/455/EEC and 90/678/EEC, and Directives 79/110/EEC, 81/6/EEC, 90/423/EEC, 92/36/EEC and 98/99/EC are repealed. 2. The following acts are repealed as from 21 April 2021: — Directive 64/432/EEC, — Directive 77/391/EEC, — Directive 78/52/EEC, — Directive 80/1095/EEC, — Directive 82/894/EEC, — Directive 88/407/EEC, — Directive 89/556/EEC, — Directive 90/429/EEC, — Directive 91/68/EEC, — Decision 91/666/EEC, — Directive 92/35/EEC, — Directive 92/65/EEC, — Directive 92/66/EEC, — Directive 92/118/EEC, — Directive 92/119/EEC, — Decision 95/410/EC, — Directive 2000/75/EC, — Decision 2000/258/EC, — Directive 2001/89/EC, — Directive 2002/60/EC, — Directive 2002/99/EC, — Directive 2003/85/EC, — Regulation (EC) No 21/2004, — Directive 2004/68/EC, — Directive 2005/94/EC, — Directive 2006/88/EC, — Directive 2008/71/EC, — Directive 2009/156/EC, — Directive 2009/158/EC, — Regulation (EU) No 576/2013. References to those repealed acts shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex V hereto.
Article 271 Transitional measures related to the amendment of Regulation (EC) No 1760/2000 and the repeal of Regulation (EC) No 21/2004 and Directive 2008/71/EC
1. Notwithstanding Article 270(2) and Article 278 of this Regulation, Articles 1 to 10 of Regulation (EC) No 1760/2000, Regulation (EC) No 21/2004, and Directive 2008/71/EC, as well as the acts adopted on the basis thereof, shall continue to apply, instead of the corresponding Articles in this Regulation, until three years after the date of application of this Regulation or an earlier date to be determined in a delegated act adopted in accordance with paragraph 2 of this Article. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning the earlier date referred to in paragraph 1 of this Article. That date shall be the date of application of the corresponding rules to be adopted pursuant to the delegated acts provided for in Article 109(2) and Article 119 and the implementing acts provided for in Article 118 of this Regulation.
Article 272 Transitional measures related to the repeals of Directives 92/66/EEC, 2000/75/EC, 2001/89/EC, 2002/60/EC, 2003/85/EC and 2005/94/EC
1. Notwithstanding Article 270(2) of this Regulation, Directives 92/66/EEC, 2000/75/EC, 2001/89/EC, 2002/60/EC, 2003/85/EC and 2005/94/EC, as well as the acts adopted on the basis thereof, shall continue to apply, instead of the corresponding Articles in this Regulation, until three years after the date of application of this Regulation or an earlier date to be determined in a delegated act adopted in accordance with paragraph 2 of this Article. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning the earlier date referred to in paragraph 1 of this Article. That date shall be the date of application of the corresponding rules to be adopted pursuant to the delegated acts provided for in Article 47, Articles 48(3), 53(2), 54(3), 55(2) and 58(2), Article 63, Article 64(4), Article 67, and Articles 68(2) and 70(3) of this Regulation.
Article 273 Amendment of Regulation (EC) No 2160/2003
In Article 9(3) of Regulation (EC) No 2160/2003 the following wording is added: ‘Those special measures shall include measures based on the provisions contained in Decision 95/410/EC in its last version prior to its repeal and Commission Decisions 2003/644/EC ( *1 ) and 2004/235/EC ( *2 ) in the versions thereof at the time of the repeal of Directive 90/539/EEC.
Article 274 Transitional measures related to the date of adoption of certain delegated and implementing acts
Without prejudice to the date of application provided for in Article 283, the Commission shall adopt the delegated acts referred to in the first subparagraph of Article 31(5), Articles 32(2), 39, 41(3), 54(3), 55(2), 58(2), 64(4), 67, 68(2), 74(4), 77(2) and 97(2), Article 122(2), and Articles 131(1), 132(2), 135, 137(2), 146(1), 149(4), 154(1), 162(3), 163(5), 166(3), 169(5), 181(2), 185(5), 213(1), 216(4), 221(1), 222(3), 224(3), 234(2), 239(1), and the implementing acts referred to in Articles 8 and 9, at the latest on 20 April 2019. In accordance with Article 283, those delegated and implementing acts shall apply from the date of application set out in that Article.
Article 275 Prior review and amendments of Annex II
The Commission shall, at the latest by 20 April 2019, review the list of diseases contained in Annex II. Should it be apparent from that review that an application of the rules set out in this Regulation requires amendments to be made to Annex II, by adding to or deleting from the list contained therein, such amendments shall be adopted by the Commission at the latest by the deadline referred to in the first sentence of this Article.
Article 276 Review
The Commission shall, by 20 April 2019 at the latest, review the existing legislation on the identification and registration of kept animals of the equine species. The Commission shall take the results of that review into account in the framework of the application of Articles 118, 119 and 120.
Article 277 Transitional measures related to the repeal of Regulation (EU) No 576/2013 on the non–commercial movement of pet animals
Notwithstanding Article 270(2) of this Regulation, Regulation (EU) No 576/2013 shall continue to apply until 21 April 2026 in respect of non–commercial movements of pet animals, in place of Part VI of this Regulation.
Article 278 Amendments to Regulation (EC) No 1760/2000
Regulation (EC) No 1760/2000 is amended as follows: (1) Articles 1 to 10 are deleted;
Article 279 Existing operators and establishments
1. Establishments and operators registered or approved in accordance with Directive 64/432/EEC, Directive 88/407/EEC, Directive 89/556/EEC, Directive 90/429/EEC, Directive 91/68/EEC, Directive 92/65/EEC, Regulation (EC) No 1760/2000, Regulation (EC) No 21/2004, Directive 2006/88/EC, Directive 2008/71/EC, Directive 2009/156/EC or Directive 2009/158/EC before the date of application of this Regulation shall be deemed to be registered or approved, as required, in accordance with this Regulation and shall, as such, be subject to the relevant obligations provided for under this Regulation. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning rules necessary to ensure a smooth transition from the rules existing prior to this Regulation referred to in paragraph 1 of this Article, in order in particular to protect acquired rights and legitimate expectations of natural and legal persons concerned.
Article 280 Existing disease–free Member States, zones and compartments and existing Member State eradication and surveillance programmes
1. Member States and zones with an approved disease–free status for one or more of the listed diseases referred to in points (b) and (c) of Article 9(1), for one or more of the relevant animal species, in accordance with Directive 64/432/EEC, Directive 91/68/EEC, Directive 92/65/EEC, Directive 2006/88/EC, Directive 2009/156/EC or Directive 2009/158/EC, shall be deemed to have an approved disease–free status in accordance with this Regulation and shall, as such, be subject to the relevant obligations provided for under this Regulation. 2. Member States and zones with an approved eradication programme or surveillance programme for one or more of the listed diseases referred to in points (b) and (c) of Article 9(1), for one or more of the relevant animal species, in accordance with Directive 64/432/EEC, Directive 91/68/EEC, Directive 92/65/EEC, Directive 2006/88/EC, Directive 2009/156/EC or Directive 2009/158/EC, shall be deemed to have an approved eradication programme in accordance with this Regulation and shall, as such, be subject to the relevant obligations provided for under this Regulation. 3. Approved compartments with an approved disease–free status for one or more of the listed diseases referred to in points (a), (b) or (c) of Article 9(1), in accordance with Directives 2005/94/EC and 2006/88/EC, shall be deemed to have a recognised disease-free status under Article 37 of this Regulation and shall, as such, be subject to the relevant obligations provided for under this Regulation. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning rules necessary in order to ensure a smooth transition from the rules existing prior to this Regulation referred to in paragraphs 1, 2 and 3.
Article 281 Relation with acts concerning official controls
In the event of any conflict between the provisions of this Regulation and the provisions of Regulation (EC) No 882/2004, Council Directives 89/608/EEC ( 66 ) , 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/93/EC ( 67 ) and 97/78/EC and Decision 92/438/EEC, the provisions of this Regulation shall prevail.
Article 282 Evaluation
The Commission shall evaluate this Regulation together with the delegated acts referred to in Article 264 and submit the results of the evaluation in a report to the European Parliament and to the Council no later than 22 April 2026.
Article 283 Entry into force and application
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, except for Articles 270(1) and 274, which shall apply from the date of its entry into force.