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’) (Text with EEA relevance)
- (a) the requirements concerning registration, approval, record-keeping and registers for establishments and transporters provided for in Chapter 1 of Title I and Chapter 1 of Title II (Articles 84 to 101 and Articles 172 to 175);
- (b) the requirements concerning traceability provided for in Articles 108 to 111 and Article 117 for other animals and Article 122 for germinal products;
- (c) movement requirements:
- (i) as regards other animals mainly living in a terrestrial environment or that are normally affected by diseases of terrestrial animals, taking into account the criteria provided for in points (d) and (e) of Article 228(3), the requirements provided for in Section 1 (Articles 124 and 125) and Section 6 of Chapter 3 of Title I of Part IV (Articles 137 to 142) and Chapter 4 of Title I of Part IV (Articles 155 and 156);
- (ii) as regards other animals mainly living in aquatic environment or that are normally affected by diseases of aquatic animals, taking into account the criteria provided for in points (d) and (e) of Article 228(3), the requirements provided for in Sections 1 to 4 of Chapter 2 of Title II of Part IV (Articles 191 to 207);
- (iii) as regards germinal products, the general requirements for movements provided for in Articles 157 and 158 and the special requirements for movements to other Member States provided for in Articles 164 and 165;
- (iv) as regards products of animal origin, the general animal health obligations incumbent on operators in respect of the production, processing and distribution within the Union of products of animal origin provided for in Articles 166 and 222;
- (d) the animal health certification obligation incumbent on operators and competent authorities and the self–declaration incumbent on operators:
- (i) as regards other animals, pursuant to the rules provided for in Articles 143 to 151 or Articles 208 to 218;
- (ii) as regards germinal products, pursuant to the rules provided for in Articles 161 and 162;
- (iii) as regards products of animal origin, pursuant to the rules provided for in Articles 167 and 168 or Articles 223 and 224;
- (e) the obligation to notify movements incumbent on operators and competent authorities, taking into account the requirements provided for in Articles 152, 153, 154, 163 and 169 and in Articles 219 to 221 and 225.
Article 228
Delegation of powers and implementing acts concerning animal health requirements for other animals, and germinal products and products of animal origin of other animals
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning any specific requirements for other animals, and their germinal products or products of animal origin, which are necessary in order to mitigate the risk of the listed diseases referred to in point (d) of Article 9(1), as provided for in Article 227.
The Commission may adopt implementing acts concerning detailed rules for the implementation of the disease control and prevention measures provided for in paragraph 1.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
When adopting the delegated acts and implementing acts provided for in paragraphs 1 and 2, the Commission shall base those acts on the following criteria:
- (a) the species or categories of other animals listed in accordance with Article 8(2) as listed species for one or more listed diseases, for which certain disease prevention and control measures provided for in this Regulation apply;
- (b) the profile of the listed disease in question, which concerns species and categories of other animals referred to in point (a);
- (c) the feasibility, availability and effectiveness of disease prevention and control measures for the listed species concerned by those measures;
- (d) the prevailing terrestrial or aquatic living environment of those other animals;
- (e) the types of diseases that are affecting such other animals, which can be either diseases normally affecting terrestrial or aquatic animals, regardless of the prevailing living environment referred to in point (d).
PART V
ENTRY INTO THE UNION AND EXPORT
CHAPTER 1 Entry into the Union of animals, germinal products and products of animal origin from third countries and territories
Section 1 Requirements for the entry into the Union
Article 229
Requirements for entry into the Union of animals, germinal products and products of animal origin
Member States shall permit the entry into the Union of consignments of animals, germinal products and products of animal origin from third countries or territories only if those consignments fulfil the following requirements, unless such animals, germinal products or products of animal origin are covered by a derogation granted pursuant to Article 239(2):
- (a) without prejudice to Article 230(2), they come from a third country or territory listed in accordance with Article 230(1) for the particular species and category of animals, or germinal products or products of animal origin concerned, or from a zone or compartment thereof;
- (b) they come from establishments which are approved and listed, where such approval and listing is required by Article 233;
- (c) they fulfil the animal health requirements for entry into the Union laid down in Article 234(1) and in any delegated acts adopted pursuant to Article 234(2), where such requirements are laid down for the animal, germinal product or product of animal origin concerned;
- (d) they are accompanied by an animal health certificate and by declarations and other documents where required by Article 237(1) or by rules adopted pursuant to Article 237(4);
The operators responsible for the consignment in question shall present consignments of animals, germinal products and products of animal origin from third countries or territories for the purposes of official control as provided for in Article 47 of Regulation (EU) 2017/625.
Section 2 Listing of third countries and territories
Article 230
Lists of third countries and territories from which the entry into the Union of animals, germinal products and products of animal origin is permitted, and implementing and delegated acts
The Commission may, by means of implementing acts, draw up lists of third countries and territories from which the entry into the Union of specific species and categories of animals, germinal products and products of animal origin is to be permitted, based on the following criteria:
- (a) the animal health legislation of the third country or territory concerned and the rules on the entry into that third country or territory of animals, germinal products and products of animal origin from other third countries and territories;
- (b) the assurances provided by the competent authority of the third country or territory concerned as regards the efficient implementation and control of the animal health legislation referred to in point (a);
- (c) the organisation, structure, resources and legal powers of the competent authority in the third country or territory concerned;
- (d) the animal health certification procedures in the third country or territory concerned;
- (e) the animal health status of the third country or territory concerned, or of zones and compartments thereof, with regard to:
- (i) listed diseases and emerging diseases;
- (ii) any aspects of animal and public health or the environmental situation in the third country or territory concerned, or in a zone or compartment thereof, which may pose a risk to animal or public health or the environmental status of the Union;
- (f) the guarantees which the competent authority of the third country or territory concerned can provide regarding compliance or equivalence with the relevant animal health requirements applicable in the Union;
- (g) the regularity and speed with which the third country or territory concerned supplies information concerning infectious or contagious animal diseases in its territory to the World Organisation for Animal Health (OIE), in particular information concerning the diseases listed in the OIE Codes;
- (h) the results of controls carried out by the Commission in the third country or territory concerned;
- (i) any experience gathered from previous entries of animals, germinal products and products of animal origin from the third country or territory concerned and the results of official controls carried out at the point of entry into the Union on such animals, germinal products and products of animal origin.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
Pending the adoption of the lists provided for in paragraph 1, and provided that such lists have not been drawn up pursuant to the Union legislation referred to in Article 270(2), Member States shall determine from which third countries and territories specific species and categories of animals, germinal products or products of animal origin may enter the Union.
For the purposes of the first subparagraph of this paragraph, Member States shall take into account the criteria for inclusion in the lists of third countries and territories provided for in points (a) to (i) of paragraph 1 of this Article.
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning derogations from paragraph 2 of this Article, limiting the possibility for Member States to decide from which third countries and territories a specific species and category of animal, germinal product or product of animal origin may enter the Union, where necessary due to the risk posed by that specific species and category of animal, germinal product or product of animal origin.
Article 231
Information to be included in the lists of third countries and territories
The Commission shall specify the following information for each third country or territory in the lists provided for in Article 230(1):
- (a) the species and categories of animals, germinal products or products of animal origin that may enter the Union from that third country or territory;
- (b) whether the animals, germinal products or products of animal origin specified in accordance with point (a) may enter the Union from the whole territory of that third country or territory or only from one or more zones or compartments thereof;
- (c) specific conditions and animal health guarantees concerning listed diseases.
Article 232
Suspension and withdrawal from the lists of third countries and territories and implementing acts
The Commission shall, by means of implementing acts, withdraw a country or territory from the lists provided for in Article 230(1), or suspend the entry into the Union of animals, germinal products or products of animal origin from a third country or territory, or from a zone or compartment thereof, for any of the following reasons:
- (a) the third country or territory concerned, or one or more zones or compartments thereof, no longer complies with the criteria laid down in Article 230(1), where relevant for the entry into the Union of a particular species and category of animal, germinal product or product of animal origin;
- (b) the animal health situation in the third country or territory concerned, or in a zone or compartment thereof, is such that a suspension or withdrawal from the lists is necessary in order to protect the animal health status of the Union;
- (c) the Commission has requested the third country or territory concerned to supply up-to–date information on the animal health situation and other matters referred to in Article 230(1), and that third country or territory has not provided such information;
- (d) the third country or territory concerned has refused to agree to controls being carried out by the Commission on behalf of the Union in its territory.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
On duly justified imperative grounds of urgency relating to a serious risk of the introduction into the Union of a listed disease as referred to in point (d) of Article 9(1), the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 266(3).
The Commission may, by means of implementing acts, reinstate in the lists provided for in Article 230(1) a third country or territory, or a zone or compartment thereof, that has been withdrawn from those lists, or may re–authorise the entry into the Union of animals, germinal products or products of animal origin from a third country or territory, or from a zone or compartment thereof, from which entry into the Union has been suspended, for one of the following reasons:
- (a) for the reasons referred to in point (a) or (c) of paragraph 1 of this Article, provided that the third country or territory concerned demonstrates that it complies with the listing criteria provided for in Article 230(1);
- (b) for the reason referred to in point (b) of paragraph 1 of this Article, provided that the third country or territory concerned provides appropriate guarantees that the animal health situation that gave rise to the suspension or withdrawal has been resolved or no longer represents a threat to animal or public health within the Union;
- (c) for the reason referred to in point (d) of paragraph 1 of this Article, provided that:
- (i) the third country or territory concerned has agreed to controls being carried out by the Commission on behalf of the Union in its territory; and
- (ii) the results of those controls by the Commission show that the third country or territory concerned, and the zones or compartments thereof, comply with the listing criteria provided for in Article 230(1).
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
Section 3 Approval and listing of establishments in third countries and territories
Article 233
Approval and listing of establishments
Member States shall only permit the entry into the Union of terrestrial animals and germinal products thereof originating from an establishment of a type for which approval is required in the Union in accordance with Article 94(2) and the rules adopted pursuant to Article 94(3) and Article 95, if the establishment in question in the third country or territory concerned:
- (a) complies with animal health requirements in that third country or territory which are equivalent to the rules for establishments of that type applicable in the Union;
- (b) is approved and listed by the competent authority of the third country or territory of dispatch, unless alternative risk-mitigation measures in place in that third country or territory provide equivalent guarantees for animal health within the Union.
The Commission shall collect the lists of approved establishments referred to in point (b) of paragraph 1 received from the competent authorities of the third countries or territories concerned.
The Commission shall provide to the Member States any new or updated lists of approved establishments received from the third countries or territories concerned, and shall make them publicly available.
The Commission shall, by means of implementing acts, adopt any rules necessary in order to ensure uniform application of point (b) of paragraph 1.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
Section 4 Entry into the Union of species and categories of animals, germinal products and products of animal origin
Article 234
Animal health requirements for the entry into the Union of species and categories of animals, germinal products and products of animal origin
The animal health requirements for the entry into the Union of species and categories of animals, germinal products and products of animal origin from third countries or territories shall:
- (a) be as stringent as the animal health requirements laid down in this Regulation and in the rules adopted pursuant thereto applicable to movements of the species and categories of animals, germinal products or products of animal origin in question within the Union; or
- (b) offer equivalent guarantees to the animal health requirements applicable to the species and categories of animals, germinal products or products of animal origin provided for in Part IV (Articles 84 to 228) of this Regulation.
The Commission shall adopt delegated acts in accordance with Article 264 concerning the animal health requirements for:
- (a) the entry into the Union of species and categories of animals, germinal products and products of animal origin from third countries or territories;
- (b) the movement within the Union and handling of those animals, germinal products and products of animal origin after their entry into the Union, where this is necessary in order to mitigate the risk involved.
Pending the adoption of delegated acts laying down animal health requirements as regards a particular species and category of animal, germinal product or product of animal origin provided for in paragraph 1 of this Article, Members State may, following an evaluation of the risks involved, apply national rules, provided that those rules comply with the requirements laid down in that paragraph and provided that they take into account the matters referred to in Articles 235 and 236.
Article 235
Matters to be taken into account in delegated acts provided for in Article 234 with regard to the entry into the Union of animals
The Commission shall take the following matters into account when laying down, in delegated acts as provided for in Article 234(2), animal health requirements for the entry into the Union of particular species and categories of animals:
- (a) the listed diseases referred to in point (d) of Article 9(1) and emerging diseases;
- (b) the health status of the Union concerning the listed diseases referred to in point (d) of Article 9(1) and emerging diseases;
- (c) the listed species with regard to those listed diseases referred to in point (d) of Article 9(1) and emerging diseases;
- (d) the age and sex of the animals concerned;
- (e) the origin of the animals concerned;
- (f) the type of establishment concerned and the type of production at the places of origin and of destination;
- (g) the intended place of destination;
- (h) the intended use of the animals concerned;
- (i) any risk-mitigation measures in place in the third countries or territories of origin or transit, or after the arrival of the animals concerned into the territory of the Union;
- (j) animal health requirements applicable to movements of those animals within the Union;
- (k) other epidemiological factors;
- (l) international animal health trade standards, relevant to the species and categories of those animals.
Article 236
Matters to be taken into account in delegated acts as provided for in Article 234 with regard to the entry into the Union of germinal products and products of animal origin
The Commission shall take the following matters into account when laying down, in delegated acts as provided for in Article 234(2), the animal health requirements for the entry into the Union of germinal products and products of animal origin:
- (a) the listed diseases referred to in point (d) of Article 9(1) and emerging diseases;
- (b) the health status of the animals from which the germinal products or products of animal origin originate and of the Union concerning the listed diseases referred to in point (d) of Article 9(1) and emerging diseases;
- (c) the type and nature of particular germinal products or products of animal origin, treatments, processing methods and other risk-mitigation measures that have been applied at the places of origin, dispatch of consignment or destination;
- (d) the type of establishment and the type of production at the places of origin and of destination;
- (e) the intended place of destination;
- (f) the intended use of the germinal products or products of animal origin concerned;
- (g) animal health requirements applicable to movements of the germinal products and products of animal origin concerned within the Union;
- (h) other epidemiological factors;
- (i) international animal health trade standards, relevant for the germinal products and products of animal origin in question.
Section 5 Animal health certificates, declarations and other documents
Article 237
Animal health certificates, declarations and other documents for entry into the Union
Member States shall only permit the entry into the Union of consignments of animals, germinal products and products of animal origin if such consignments are accompanied by one or both of the following:
- (a) an animal health certificate issued by the competent authority of the third country or territory of origin, unless a derogation is provided for in point (a) of paragraph 4;
- (b) declarations or other documents, where required by the rules adopted pursuant to point (b) of paragraph 4.
Member States shall not permit the entry into the Union of consignments of animals, germinal products and products of animal origin unless the animal health certificate referred to in point (a) of paragraph 1 has been verified and signed by an official veterinarian in a third country or territory in compliance with certification requirements equivalent to those laid down in Article 149(3) or 216(3) and any rules adopted pursuant to Article 149(4) or 216(4).
Member States shall permit electronic animal health certificates that are produced, handled and transmitted by means of Traces to replace the accompanying animal health certificates referred to in paragraph 1, where such electronic animal health certificates:
- (a) contain all the information that the animal health certificate referred to in point (a) of paragraph 1 of this Article is required to contain in accordance with Article 238(1) and any rules adopted pursuant to Article 238(3);
- (b) ensure the traceability of the consignments of animals, germinal products and products of animal origin concerned and link those consignments to the electronic animal health certificate.
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning:
- (a) derogations from the animal health certificate requirements provided for in point (a) of paragraph 1 and paragraph 2 of this Article, for consignments of animals, germinal products and products of animal origin, and in specific rules for the animal health certification of those consignments, where the consignments in question pose an insignificant risk to animal health or public health within the Union, due to one or more of the following factors:
- (i) the species and categories of animals, germinal products or products of animal origin concerned;
- (ii) the methods of keeping and types of production of the animals, germinal products and products of animal origin concerned;
- (iii) their intended use;
- (iv) alternative risk-mitigation measures which are in place in the third countries or territories of origin or transit, or after their arrival into the territory of the Union, affording equivalent protection of animal health and public health within the Union as provided for in this Regulation;
- (v) the provision by the third country or territory concerned of guarantees of compliance with the requirements for entry into the Union, demonstrated by means other than an animal health certificate;
- (b) rules requiring consignments of animals, germinal products and products of animal origin entering into the Union to be accompanied by declarations or other documents needed to demonstrate that the animals, germinal products and products of animal origin in question meet the animal health requirements for entry into the Union laid down in rules adopted pursuant to Article 234(2).
Article 238
Content of animal health certificates
The animal health certificate referred to in point (a) of Article 237(1) shall contain at least the following information:
- (a) the name and address of:
- (i) the establishment or place of origin;
- (ii) the establishment or place of destination;
- (iii) where applicable, establishments for assembly operations or rest of the kept animals concerned;
- (b) a description of the animals, germinal products or products of animal origin concerned;
- (c) the number or volume of the animals, germinal products or products of animal origin concerned;
- (d) where applicable, the identification and registration of the animals, germinal products or products of animal origin concerned;
- (e) the information needed to demonstrate that the animals, germinal products and products of animal origin concerned fulfil the animal health requirements for entry into the Union provided for in Article 229 and Article 234(1) and in the rules adopted pursuant to Article 234(2) and Article 239.
The animal health certificate referred to in point (a) of Article 237(1) may include other information required under other Union legislation.
The Commission may, by means of implementing acts, lay down rules concerning:
- (a) information to be contained in the animal health certificate referred to in point (a) of Article 237(1) in addition to that referred to in paragraph 1 of this Article;
- (b) information to be contained in declarations or other documents as referred to in point (b) of Article 237(1);
- (c) model forms for the animal health certificates, declarations and other documents referred to in Article 237(1).
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
Pending the establishment of rules in implementing acts adopted pursuant to paragraph 3, as regards a particular species and category of animal, germinal product or product of animal origin, Member States may, following an evaluation of the risks involved, apply national rules, provided those national rules comply with the conditions laid down in paragraph 1.
Section 6 Derogations and additional requirements in respect of certain categories of animals, germinal products and products of animal origin
Article 239
Derogations and additional requirements in respect of certain categories of animals, germinal products and products of animal origin
For certain specific types of entry of animals, germinal products and products of animal origin, the application of the rules set out in Article 229(1) and Articles 233 and 237 may not be adequate, and special rules may need to be adopted by the Commission through delegated acts which take into account the particular risks, the final destination, the type of final use and other circumstances.
The Commission shall adopt delegated acts in accordance with Article 264 concerning the special rules referred to in paragraph 1 of this Article regarding derogations from the requirements provided for in Article 229(1) and Articles 233 and 237 and imposing additional requirements for the entry into the Union of the following:
- (a) animals:
- (i) intended for circuses, events, exhibitions, display, shows and confined establishments;
- (ii) intended to be used for scientific or diagnostic purposes;
- (iii) for which the Union is not the final destination;
- (iv) 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;
- (v) which originate in the Union and which are transported through a third country or territory en route to another part of the Union;
- (vi) which are intended for grazing purposes on a temporary basis, in the vicinity of the Union's borders;
- (vii) which pose an insignificant risk to the animal health status within the Union;
- (b) products of animal origin:
- (i) intended for personal use;
- (ii) for consumption by the crew and passengers on means of transport arriving from third countries or territories;
- (c) germinal products and products of animal origin:
- (i) intended to be used as trade samples;
- (ii) intended to be used as research and diagnostic samples;
- (iii) for which the Union is not the final destination;
- (iv) which originate in the Union and are moved to a third country or territory, and are then moved back to the Union from that third country or territory;
- (v) which originate in the Union and are transported through a third country or territory en route to another part of the Union;
- (vi) which pose an insignificant risk to the animal health status within the Union.
Those delegated acts shall take into account the matters referred to in Article 235 and 236.
The Commission may, by means of implementing acts, lay down rules:
- (a) concerning model forms for the animal health certificates, declarations and other documents for the categories of animals, germinal products and products of animal origin referred to in paragraph 2 of this Article;
- (b) indicating, for the products referred to in paragraph 1 of this Article, the codes from the Combined Nomenclature, where such codes are not provided for by other relevant Union rules.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
CHAPTER 2 Entry into the Union of certain goods other than animals, germinal products and products of animal origin from third countries and territories
Article 240
Disease agents and delegated acts
Operators, veterinarians, aquatic animal health professionals and animal professionals bringing disease agents into the Union shall:
- (a) take appropriate measures to ensure that the entry of those disease agents into the Union does not pose a risk to animal health or public health within the Union with regard to listed diseases referred to in point (d) of Article 9(1) and emerging diseases;
- (b) take appropriate disease control and preventive measures to ensure that the entry of those disease agents into the Union does not present a risk of bioterrorism.
This paragraph shall also apply to any other natural or legal person bringing such agents into the Union intentionally.
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 laying down requirements for the entry into the Union of disease agents concerning:
- (a) the packaging of disease agents;
- (b) other risk-mitigation measures required in order to prevent the release and spread of disease agents.
Article 241
Plant material and delegated and implementing acts
The Member States shall take measures to restrict the entry into the Union of consignments of plant material in the event of an unfavourable disease situation in third countries or territories concerning listed diseases as referred to in point (d) of Article 9(1) or emerging diseases, where this is required by the rules adopted in accordance with paragraph 3 of this Article.
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning the measures referred to in paragraph 1 of this Article, setting out:
- (a) specific animal health requirements for the entry into the Union of plant material which acts as a path of transmission of listed or emerging diseases;
- (b) requirements in relation to:
- (i) animal health certification, taking into account the rules provided for in point (a) of Article 237(1) and Article 237(2) and (3); or
- (ii) declarations or other documents, taking into account the rules provided for in point (b) of Article 237(1).
The Commission shall lay down the animal health requirements provided for in paragraph 2 on the basis of the following criteria:
- (a) whether a listed or emerging disease that can be transmitted by means of plant material represents a serious risk to animal or to human health in the Union;
- (b) the likelihood that animals of listed species for a particular listed disease or emerging disease will come into direct or indirect contact with the plant material referred to in paragraph 2;
- (c) the availability and effectiveness of alternative risk-mitigation measures in relation to that plant material, which may eliminate or minimise the risk of transmission referred to in point (a).
The Commission may, by means of implementing acts, lay down rules indicating, for the plant material referred to in paragraph 2 of this Article, the codes from the Combined Nomenclature, where such indication is not provided for by other relevant Union rules.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
Article 242
Means of transport, equipment, packaging materials, transport water and feed and fodder and delegated and implementing acts
Operators bringing animals and products into the Union shall take the appropriate and necessary disease prevention measures during transport, as provided for in Articles 125(1) and 192(1).
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning:
- (a) specific animal health requirements for the entry into the Union of:
- (i) means of transport for animals and products;
- (ii) equipment, packaging material or transport water for animals and products, or feed and fodder which may transmit animal diseases;
- (b) requirements in relation to:
- (i) animal health certification, taking into account the rules provided for in point (a) of Article 237(1) and Article 237(2) and (3); or
- (ii) declarations or other documents, taking into account the rules provided for in point (b) of Article 237(1).
The Commission shall lay down the animal health requirements provided for in paragraph 2 of this Article in the event of a unfavourable disease situation concerning one or more listed diseases as referred to in point (d) of Article 9(1), or emerging diseases, which present a serious risk to animal and human health in the Union, in:
- (a) a neighbouring third country or territory;
- (b) the third country or territory of origin;
- (c) a third country or territory of transit.
The Commission may, by means of implementing acts, lay down rules indicating, for the goods referred to in point (a) of paragraph 2 of this Article, the codes from the Combined Nomenclature, where such indication is not provided for by other relevant Union rules.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
CHAPTER 3 Export
Article 243
Export from the Union
Member States shall take the appropriate measures to ensure that the export and re–export from the Union to a third country or territory of animals and products takes place in accordance with the rules for the movement of animals and products between Member States provided for in Part IV (Articles 84 to 228), while taking into account the animal health status within the third country or territory of destination, or the relevant zone or compartment thereof, with regard to the listed diseases referred to in point (d) of Article 9(1) and emerging diseases.
By way of derogation from paragraph 1, if so requested by the competent authority of a third country or territory importing the animals and products in question, or if established by the legal and administrative procedures in force in that third country or territory, export and re–export from the Union may take place in accordance with the provisions in force in that third country or territory, provided that such exports or re-exports do not jeopardise public or animal health.
Where the provisions of a bilateral agreement concluded between the Union and a third country or territory are applicable, animals and products exported from the Union to that third country or territory shall comply with those provisions.
PART VΙ
NON–COMMERCIAL MOVEMENTS OF PET ANIMALS INTO A MEMBER STATE FROM ANOTHER MEMBER STATE OR FROM A THIRD COUNTRY OR TERRITORY
CHAPTER 1 General provisions
Article 244
Scope of Part VI
This Part shall apply to the non–commercial movement of pet animals into a Member State from another Member State or from a third country or territory.
It shall apply without prejudice to:
- (a) Council Regulation (EC) No 338/97 ([^E0003]);
- (b) any national measures adopted, published and made available to the public by Member States to restrict the movement of certain species or breeds of pet animals on the basis of considerations other than those relating to animal health.
Article 245
General provisions
Non–commercial movements of pet animals that fulfil the animal health requirements laid down in this Part shall not be prohibited, restricted or impeded on animal health grounds other than those resulting from the application of this Part.
Where the non–commercial movement of a pet animal is carried out by an authorised person, it may only take place within five days from the movement of the pet owner.
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning requirements supplementing the rules laid down in paragraph 2 of this Article in relation to the following:
- (a) documentation of the non–commercial movement of a pet animal carried out by an authorised person;
- (b) granting of derogations from the period referred to in paragraph 2 of this Article.
The Commission may, by means of implementing acts, lay down requirements for the layout, languages and validity of the declaration authorising an authorised person in writing to carry out the non–commercial movement of a pet animal on behalf of the pet owner. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
Article 246
Maximum number of pet animals
The number of pet animals of the species listed in Part A of Annex I which may be moved during a single non–commercial movement shall not exceed five.
By way of derogation from paragraph 1, the number of pet animals of the species listed in part A of Annex I may exceed five if the following conditions are fulfilled:
- (a) the non–commercial movement in question is for the purpose of participating in a competition, exhibition or sporting event or training for such an event;
- (b) the pet owner or the authorised person concerned submits written evidence that the pet animals are registered either to attend an event as referred to in point (a), or with an association organising such events;
- (c) the pet animals are more than six months old.
In order to prevent commercial movements of pet animals of the species listed in Part B of Annex I from being fraudulently disguised as non–commercial movements, the Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning rules setting the maximum number of pet animals of those species which may be moved during a single non–commercial movement.
CHAPTER 2 Conditions applicable to non–commercial movements of pet animals into a Member State from another Member State
Article 247
Conditions applicable to non–commercial movements of pet animals of the species listed in Part A of Annex I
Pet animals of the species listed in Part A of Annex I shall not be moved into a Member State from another Member State unless:
- (a) they are individually identified by a physical means of identification in accordance with the rules adopted pursuant to point (a) of Article 252(1);
- (b) they fulfil the relevant prevention and risk-mitigation measures adopted pursuant to point (b) of Article 252(1) in relation to listed diseases as referred to in point (d) of Article 9(1);
- (c) they are accompanied by an identification document duly completed and issued in accordance with the rules adopted pursuant to point (d) of Article 254.
Article 248
Conditions applicable to non–commercial movements of pet animals of the species listed in Part B of Annex I
In so far as the Commission has adopted a delegated act pursuant to point (b) of Article 252(1) with regard to pet animals of one of the species listed in Part B of Annex I, non-commercial movements of pet animals of that species into a Member State from another Member State shall be subject to compliance with the conditions laid down in paragraph 2 of this Article.
Pet animals of the species referred to in paragraph 1 may be moved into a Member State from another Member State only if:
- (a) they are identified or described, either individually or in groups, in accordance with the rules adopted pursuant to point (a) of Article 252(1);
- (b) they comply with the relevant prevention and risk-mitigation measures adopted pursuant to point (b) of Article 252(1) in relation to listed diseases as referred to in point (d) of Article 9(1);
- (c) they are accompanied by an identification document duly completed and issued in accordance with the rules adopted pursuant to point (d) of Article 254;
Pending the adoption of the relevant delegated acts referred to in paragraph 1, Member States may apply national rules to non–commercial movements of pet animals of the species listed in Part B of Annex I into their territory from another Member State, provided that such rules are:
- (a) applied proportionately to the risk to public or animal health associated with non–commercial movements of pet animals of those species; and
- (b) not stricter than those applied to movements of animals of those species in accordance with Part IV.
CHAPTER 3 Conditions applicable to non–commercial movements of pet animals into a Member State from a third country or territory
Article 249
Conditions applicable to non–commercial movements of pet animals of the species listed in Part A of Annex I
Pet animals of the species listed in Part A of Annex I shall not be moved into a Member State from a third country or territory unless:
- (a) they are individually identified by a physical means of identification in accordance with the rules adopted pursuant to point (a) of Article 252(1);
- (b) they comply with the relevant prevention and risk-mitigation measures adopted pursuant to point (b) of Article 252(1) in respect of listed diseases as referred to in point (d) of Article 9(1);
- (c) they are accompanied by an identification document duly completed and issued in accordance with the rules adopted pursuant to point (d) of Article 254.
Pet animals of the species listed in Part A of Annex I may be moved into a Member State from a third country or territory other than those listed pursuant to Article 253(1)(d) only through a point of entry listed for that purpose. Each Member State shall draw up a list of those points of entry within its territory and shall make that list available to the public.
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning the conditions for granting derogations from paragraph 2 of this Article.
Article 250
Conditions applicable to non–commercial movements of pet animals of the species listed in Part B of Annex I
In so far as the Commission has adopted a delegated act pursuant to point (b) of Article 252(1) with regard to pet animals of one of the species listed in Part B of Annex I, non–commercial movements of pet animals of that species into a Member State from a third country or territory shall be subject to compliance with the conditions laid down in paragraph 2 of this Article.
Pet animals of the species referred to in paragraph 1 may be moved into a Member State from a third country or territory only if:
- (a) they are identified or described, either individually or in groups, in accordance with the rules adopted pursuant to point (a) of Article 252(1);
- (b) they comply with the relevant prevention and risk-mitigation measures adopted pursuant to point (b) of Article 252(1) in relation to listed diseases as referred to in point (d) of Article 9(1);
- (c) they are accompanied by an identification document duly completed and issued in accordance with the rules adopted pursuant to point (d) of Article 254;
- (d) when coming from a third country or territory other than those listed pursuant to point (d) of Article 253(1), they enter through a point of entry listed for that purpose. Each Member State shall draw up a list of those points of entry within its territory and shall make that list available to the public.
Pending the adoption of the relevant delegated acts referred to in paragraph 1, Member States may apply national rules to non–commercial movements of pet animals of the species listed in Part B of Annex I into their territory from a third country or territory, provided that such rules are:
- (a) applied proportionately to the risk to public or animal health associated with non–commercial movements of pet animals of those species; and
- (b) not stricter than those applied to the entry into the Union of animals of those species in accordance with Part V.
Article 251
Derogation from the conditions applicable to non–commercial movements of pet animals between certain countries and territories
By way of derogation from Articles 249 and 250, non–commercial movements of pet animals between the following countries and territories may continue under the conditions laid down by the national rules of those countries and territories:
- (a) San Marino and Italy;
- (b) the Vatican and Italy;
- (c) Monaco and France;
- (d) Andorra and France;
- (e) Andorra and Spain;
- (f) Norway and Sweden;
- (g) the Faeroe Islands and Denmark;
- (h) Greenland and Denmark.
CHAPTER 4 Identification and prevention and risk-mitigation measures
Article 252
Delegation of powers concerning the identification of pet animals and prevention and risk-mitigation measures
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning:
- (a) detailed species–specific requirements for:
- (i) the means of identification of pet animals of the species listed in Annex I provided for in point (a) of Article 247, point (a) of Article 248(2), point (a) of Article 249(1) and point (a) of Article 250(2);
- (ii) the application and use of those means of identification;
- (b) detailed species–specific requirements for the prevention and risk-mitigation measures to ensure that pet animals do not pose a significant risk for the spread of listed diseases as referred to in point (d) of Article 9(1) due to movements of pet animals of the species listed in Annex I as provided for in point (b) of Article 247, point (b) of Article 248(2), point (b) of Article 249(1) and point (b) of Article 250(2).
Where, in the case of emerging risks, imperative grounds of urgency so require, the procedure provided for in Article 265 shall apply to rules adopted pursuant to point (b) of paragraph 1 of this Article.
The species–specific prevention and risk-mitigation measures authorised by a delegated act adopted pursuant to point (b) of paragraph 1 of this Article shall be based on adequate, reliable and validated scientific information and applied proportionately to the risk to public or animal health associated with non–commercial movements of pet animals likely to be affected by listed diseases as referred to in point (d) of Article 9(1).
The delegated acts provided for in point (b) of paragraph 1 may also comprise the following:
- (a) rules for the categorisation of Member States or parts thereof according to their animal health status and their surveillance and reporting systems with regard to certain diseases that are likely to be spread by movements of pet animals of the species listed in Annex I;
- (b) the conditions that Member States are to fulfil in order to remain eligible for the application of the prevention and risk-mitigation measures referred to in point (b) of paragraph 1;
- (c) the conditions for applying and documenting the prevention and risk-mitigation measures referred to in point (b) of paragraph 1;
- (d) the criteria for granting and, where appropriate, documenting derogations in certain specified circumstances from the application of the prevention and risk-mitigation measures referred to in point (b) of paragraph 1;
- (e) the criteria for granting and documenting derogations in certain specified circumstances from the conditions referred to in Articles 247 to 250.
Article 253
Implementing acts concerning prevention and risk-mitigation measures
The Commission shall, by means of implementing acts, as regards pet animals of the species listed in Part A of Annex I:
- (a) lay down rules on the format, layout and languages of any documents required under points (c) and (d) of Article 252(4);
- (b) adopt a list of Member States that comply with the conditions referred to in point (d) of Article 252(4) and remove Member States from that list should any change occur in relation to those conditions;
- (c) adopt a list of Member States that comply with the rules for categorisation of Member States or parts thereof referred to in point (a) of Article 252(4) and remove Member States from that list should any change occur in relation to those rules;
- (d) adopt a list of third countries and territories that comply with the conditions referred to in point (d) of Article 252(4) and remove third countries or territories from that list should any change occur in relation to those conditions.
The Commission may, by means of implementing acts, as regards pet animals of the species listed in Part B of Annex I, adopt a list of third countries and territories that comply with the conditions referred to in point (d) of Article 252(4) and remove third countries or territories from that list should any change occur in relation to those conditions.
The implementing acts referred to in paragraphs 1 and 2 of this Article shall be adopted in accordance with the examination procedure referred to in Article 266(2).
On duly justified imperative grounds of urgency relating to serious risks, the Commission shall adopt immediately applicable implementing acts updating the lists referred to in points (b) and (d) of paragraph 1 of this Article in accordance with the procedure referred to in Article 266(3).
CHAPTER 5 Identification documents
Article 254
Delegation of powers concerning identification documents
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning:
- (a) entries for the insertion of the information to be included in the identification documents referred to in point (c) of Article 247, point (c) of Article 248(2), point (c) of Article 249(1) and point (c) of Article 250(2);
- (b) the distribution of blank identification documents as referred to in point (c) of Article 247;
- (c) the conditions for granting derogations in relation to the format of the identification documents provided for in point (c) of Article 247 and point (c) of Article 249(1);
- (d) the issue, completion and, where applicable, endorsement of the identification documents provided for in point (c) of Articles 247, point (c) of Article 248(2), point (c) of Article 249(1) and point (c) of Article 250(2).
Article 255
Implementing acts concerning identification documents
The Commission shall adopt implementing acts laying down the model for identification documents as referred to in point (c) of Article 247 and point (c) of Article 249(1). That model shall contain the respective entries referred to in point (a) of Article 254, as well as requirements concerning the languages, layout, validity or security features of those identification documents.
The Commission may, by means of implementing acts, adopt:
- (a) the model for identification documents as referred to in point (c) of Article 248(2) and point (c) of Article 250(2), which are to contain the respective entries referred to in point (a) of Article 254, as well as requirements concerning the languages, layout, validity or security features of those identification documents;
- (b) the rules necessary for transition to the model identification document referred to in point (c) of Article 247.
The implementing acts referred to in paragraphs 1 and 2 of this Article shall be adopted in accordance with the examination procedure referred to in Article 266(2).
CHAPTER 6 Information obligations
Article 256
Information obligations
Member States shall provide the public with clear and easily accessible information concerning the animal health requirements applicable to non–commercial movements of pet animals, including:
- (a) conditions for the grant of certain derogations referred to in point (d) of Article 252(4);
- (b) conditions for the grant of derogations referred to in point (e) of Article 252(4);
- (c) requirements for the application of the means of identification referred to in point (a)(ii) of Article 252(1);
- (d) conditions applicable to non–commercial movements into Member States' territories of pet animals of the species referred to in Part B of Annex I, which are laid down by their national rules as provided for in Articles 248(3) and 250(3);
- (e) conditions applicable to non–commercial movements into Member States' territories of pet animals from certain countries and territories laid down by their national rules as referred to in Article 251;
- (f) any relevant information concerning certain prevention and risk-mitigation measures as referred to in point (b) of Article 252(1).
Member States shall establish internet–based information pages providing the information referred to in paragraph 1, and shall communicate the internet address of those pages to the Commission.
The Commission shall assist the Member States in making that information available to the public by providing on its internet page:
- (a) links to the internet–based information pages of the Member States;
- (b) the information referred to in points (a) and (d) of paragraph 1, and the information made available to the public as referred to in point (b) of Article 244(2) in additional languages, as appropriate.
PART VIΙ
EMERGENCY MEASURES
Section 1 Emergency measures concerning movements of animals and products within the Union and means of transport and other material that may have come into contact with such animals and products
Article 257
Emergency measures to be taken by the competent authority of the Member State in the territory of which an outbreak of a listed disease or emerging disease, or a hazard occurred
In the event of an outbreak of a listed disease or emerging disease, or the occurrence of a hazard which is likely to constitute a serious risk to animal or public health, the competent authority of the Member State where it occurred shall, depending on the gravity of the situation and the disease or hazard in question, immediately take one or more of the following emergency measures to prevent the spread of the disease or hazard:
- (a) for listed diseases:
- (i) referred to in point (a) of Article 9(1), the disease control measures laid down in Chapter 1 of Title II of Part III (Articles 53 to 71);
- (ii) referred to in point (b) of Article 9(1), the disease control measures laid down in Articles 72 to 75 and 77 to 81 of Chapter 2 of Title II of Part III;
- (iii) referred to in point (c) of Article 9(1), the disease control measures laid down in Articles 76 to 78 and Articles 80 and 82 of Chapter 2 of Title II of Part III;
- (b) for emerging diseases and hazards:
- (i) restrictions on the movement of animals and products originating from the establishments, or, where relevant, the restricted zones or compartments, where the outbreak or the hazard occurred, and on means of transport and other material that may have come into contact with those animals or products;
- (ii) quarantine of animals and isolation of products;
- (iii) surveillance and traceability measures;
- (iv) any emergency disease control measures provided for in Chapter 1 of Title II of Part III (Articles 53 to 71) that are appropriate;
- (c) any other emergency measure which it deems appropriate in order to effectively and efficiently control and prevent the spread of the disease or hazard.
The competent authority referred to in paragraph 1 shall inform the Commission and the other Member States:
- (a) immediately of any outbreak or the occurrence of a hazard as referred to in paragraph 1;
- (b) without delay of the emergency measures taken pursuant to paragraph 1.
Article 258
Emergency measures to be taken by a Member State other than the Member State where the outbreak or hazard occurred
The competent authority of a Member State other than the Member State where the outbreak or hazard referred to in Article 257(1) occurred shall, depending on the gravity of the situation and the disease or hazard in question, take one or more of the emergency measures referred to in Article 257(1) where it detects on its territory animals or products from the Member State referred to in Article 257(1) or means of transport or any other material that may have come into contact with such animals and products.
The competent authority referred to in paragraph 1 of this Article may, where a serious risk exists pending the adoption of emergency measures by the Commission in accordance with Article 259, take the emergency measures referred to in Article 257(1) on an interim basis, depending on the gravity of the situation with regard to animals or products originating from the establishments or other locations, or where relevant from the restricted zones of the Member State, where the disease or hazard referred to in Article 257(1) occurred, or means of transport or other material that may have come into contact with such animals.
A Member State may take measures as referred to in Article 257(1) in the event of an outbreak in a third country or territory bordering the Union of a disease referred to in point (a) of Article 9(1) or an emerging disease in such a third country or territory, in so far as those measures are necessary in order to prevent the spread of the disease into the territory of the Union.
The competent authority referred to in paragraph 1 and the competent authority of the Member State referred to in paragraph 3 shall inform the Commission and other Member States:
- (a) immediately of the outbreak or occurrence of a hazard referred to in paragraph 1;
- (b) without delay of the emergency measures taken pursuant to paragraphs 1 and 2.
Article 259
Commission emergency measures
In the event of an outbreak or the occurrence of a hazard as referred to in Article 257(1), and of emergency measures taken by the competent authorities of the Member States in accordance with Article 257(1) and Article 258(1), (2) and (3), the Commission shall review the situation and the emergency measures taken, and shall adopt, by means of an implementing act, one or more of the emergency measures provided for in Article 257(1) concerning the animals and products in question and means of transport and other material that may have come into contact with those animals or products, in any of the following cases:
- (a) where the Commission has not been informed of any measures taken pursuant to Article 257(1) and Article 258(1), (2) and (3);
- (b) where the Commission considers the measures taken pursuant to Article 257(1) and Article 258(1), (2) and (3) to be inadequate;
- (c) where the Commission considers it necessary to approve or replace the measures taken by the competent authorities of the Member States pursuant to Article 257(1) and Article 258(1), (2) and (3) in order to avoid unjustified disruptions in the movement of animals and products.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
On duly justified imperative grounds of urgency relating to serious risks of the spread of a disease or a hazard, the Commission may adopt immediately applicable implementing acts in accordance with Article 266(3).
Section 2 Emergency measures concerning consignments of animals and products originating from third countries and territories, and means of transport and other material, that may have come into contact with such consignments
Article 260
Emergency measures to be taken by the competent authority
Where the competent authority of a Member State becomes aware of animals or products originating from a third country or territory, or of means of transport or materials, which may have come into contact with such animals and products, that are likely to constitute a serious risk in the Union due to possible infection or contamination by listed diseases or emerging diseases or hazards, it shall:
- (a) immediately take one or more of the following emergency measures necessary to mitigate that risk, depending on the gravity of the situation:
- (i) destruction of the animals and products concerned;
- (ii) quarantine of animals and isolation of products;
- (iii) surveillance and traceability measures;
- (iv) any disease control measures referred to in Chapter 1 of Title II of Part III (Articles 53 to 71), where appropriate;
- (v) any other emergency measure which it deems appropriate to prevent the spread of the disease or hazard into the Union;
- (b) immediately inform the Commission and the other Member States of the risks associated with the animals and products in question and of the origin of those animals and products by means of Traces, and without delay of the emergency measures taken pursuant to point (a).
Article 261
Commission emergency measures
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).
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
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.
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).
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).
PART VIIΙ
COMMON PROVISIONS
TITLE I PROCEDURAL PROVISIONS
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
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
It is of particular importance that the Commission carry out consultations with experts, including Member States' experts, before adopting those delegated acts.
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(1), 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(1), 118(2), 119(1), 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(3), 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.
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.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
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.
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
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.
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
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.
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
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
Member States shall apply Directive 95/46/EC of the European Parliament and of the Council ([^E0004]) to the processing of personal data carried out in the Member States pursuant to this Regulation.
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