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 (Text with EEA relevance)

PART I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

This Regulation supplements the rules laid down in Regulation (EU) 2016/429 as regards:

(a) registered and approved establishments for kept terrestrial animals and hatching eggs;

(b) traceability requirements for the following kept terrestrial animals: (i) bovine, ovine, caprine, porcine, equine, camelid and cervid animals (ungulates); (ii) dogs, cats and ferrets; (iii) captive birds; (iv) hatching eggs; (v) terrestrial animals kept in travelling circuses and animal acts.

That Chapter also lays down the requirements for the approval of the following types of establishments:

(a) establishments for assembly operations of ungulates and poultry from which those animals are to be moved to another Member State or which receive those animals from another Member State;

(b) hatcheries from which hatching eggs or day-old chicks are to be moved to another Member State;

(c) establishments keeping poultry from which poultry intended for purposes other than slaughter or hatching eggs are to be moved to another Member State.

Those requirements concern isolation and other biosecurity measures, surveillance measures, facilities and equipment, personnel and supervision by the competent authority.

Chapter 3 of Title I of Part II lays down the requirements for the approval of the following types of establishments:

(a) assembly centres of dogs, cats and ferrets from which those animals are to be moved to another Member State;

(b) animal shelters for dogs, cats and ferrets from which those animals are to be moved to another Member State;

(c) control posts;

(d) environmentally isolated production establishments for bumble bees from which those animals are to be moved to another Member State;

(e) quarantine establishments for kept terrestrial animals other than primates from which those animals are to be moved within the same Member State or to another Member State.

Those requirements concern quarantine, isolation and other biosecurity measures, surveillance and control measures, facilities and equipment, and supervision by the veterinarian.

Chapter 1 of Title II of Part II lays down the information obligations of the competent authority as regards its registers of:

(a) establishments of kept terrestrial animals;

(b) hatcheries;

(c) transporters of kept ungulates, dogs, cats and ferrets, and poultry engaged in the transportation of those animals between Member States or between a Member State and a third country;

(d) operators conducting assembly operations for kept ungulates and poultry independently of an establishment.

Chapter 1 of Title III of Part II lays down the record-keeping obligations of operators, in addition to those provided for in Article 102(1) of Regulation (EU) 2016/429, for the following types of registered or approved establishments:

(a) all establishments keeping terrestrial animals;

(b) establishments keeping: (i) bovine, ovine, caprine and porcine animals; (ii) equine animals; (iii) poultry and captive birds; (iv) dogs, cats and ferrets; (v) honeybees;

(c) travelling circuses and animal acts;

(d) animal shelters for dogs, cats and ferrets;

(e) control posts;

(f) quarantine establishments for kept terrestrial animals other than primates;

(g) confined establishments.

Chapter 4 of Title III of Part II lays down the record-keeping obligations of operators conducting assembly operations, in addition to those provided for in Article 105(1) of Regulation (EU) 2016/429, for

(a) operators of registered or approved establishments for assembly operations of kept ungulates and poultry;

(b) operators conducting assembly operations of kept ungulates and poultry independently from an establishment;

(c) operators of assembly centres of dogs, cats and ferrets registered with the competent authority.

Part IV lays down certain transitional measures with regard to Directives 64/432/EEC and 92/65/EEC, Regulations (EC) No 1760/2000, (EC) No 21/2004 and (EC) No 1739/2005, Directives 2008/71/EC, 2009/156/EC and 2009/158/EC, and Implementing Regulation (EU) 2015/262 in relation to:

(a) the registration and approval of establishments;

(b) the identification of kept terrestrial animals;

(c) the movement and identification documents for kept terrestrial animals in travelling circuses and animal acts;

(d) the single lifetime identification document for kept equine animals.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1) ‘dog’ means a kept animal of the Canis lupus species;

(2) ‘cat’ means a kept animal of the Felis silvestris species;

(3) ‘ferret’ means a kept animal of the Mustela putorius furo species;

(4) ‘type of transport’ means the way transportation is carried out, such as by road, rail, air or water;

(5) ‘means of transport’ means road or rail vehicles, vessels and aircrafts;

(6) ‘day-old chicks’ means all poultry less than 72 hours old;

(7) ‘assembly centre of dogs, cats and ferrets’ means an establishment where those animals of the same health status are assembled from more than one establishment;

(8) ‘animal shelter’ means an establishment where former stray, feral, lost, abandoned or confiscated terrestrial animals are kept and whose health status might not be known for all of them at the time of entry into the establishment;

(9) ‘control posts’ means control posts as referred to in Regulation (EC) No 1255/97;

(10) ‘environmentally isolated production establishment’ means an establishment where its structures together with its strict biosecurity measures, ensure an effective isolation of the production of animals from the associated facilities and from the environment;

(11) ‘bumble bee’ means an animal of the species belonging to the genus Bombus;

(12) ‘primates’ means animals of the species belonging to the order Primates excluding humans;

(13) ‘honeybees’ means animals of the Apis mellifera species;

(14) ‘establishment veterinarian’ means a veterinarian responsible for the activities carried out at the quarantine establishment for kept terrestrial animals other than primates or at confined establishment as laid down in this Regulation;

(15) ‘unique registration number’ means a number assigned by the competent authority to a registered establishment as referred to in Article 93 of Regulation (EU) 2016/429;

(16) ‘unique approval number’ means a number assigned by the competent authority to an establishment approved by it in accordance with Articles 97 and 99 of Regulation (EU) 2016/429;

(17) ‘unique code’ means the unique code whereby operators keeping kept animals of the equine species are required to ensure that those animals are individually identified as provided for in Article 114(1)(a) of Regulation (EU) 2016/429 and which is recorded in the computer database of the Member State provided for in Article 109(1) of that Regulation;

(18) ‘identification code of the animal’ means the individual code displayed by the means of identification applied to an animal and comprising: (a) the country code of the Member State where the means of identification was applied to the animal; (b) followed by the numeric individual identification number assigned to the animal not exceeding 12 digits;

(19) ‘bovine animal’ or ‘animal of the bovine species’ means an animal of the species of ungulates belonging to the genera Bison, Bos (including the subgenera Bos, Bibos, Novibos, Poephagus) and Bubalus (including the subgenus Anoa) and the offspring of crossings of those species;

(20) ‘ovine animal’ or ‘animal of the ovine species’ means an animal of the species of ungulates belonging to the genus Ovis and the offspring of crossings of those species;

(21) ‘caprine animal’ or ‘animal of the caprine species’ means an animal of the species of ungulates belonging to the genus Capra and the offspring of crossings of those species;

(22) ‘porcine animal’ or ‘animal of the porcine species’ means an animal of the species of ungulates of family Suidae listed in Annex III to Regulation (EU) 2016/429;

(23) ‘electronic identifier’ means a marker with radio frequency identification (‘RFID’);

(24) ‘animal of the equine species’ or ‘equine animal’ means an animal of species of solipeds belonging to the genus Equus (including horses, asses, and zebras) and the offspring of crossings of those species;

(25) ‘computer database’ means a computer database of kept terrestrial animals as provided for in Article 109(1) of Regulation (EU) 2016/429;

(26) ‘supply chain’ means an integrated production chain of a common health status as regards listed diseases consisting of a collaborative network of specialised establishments approved by the competent authority for the purpose of Article 53, between which porcine animals are moved to complete the production cycle;

(27) ‘single lifetime identification document’ means the single lifetime document whereby operators keeping kept animals of the equine species are required to ensure that those animals are individually identified, as provided for in Article 114(1)(c) of Regulation (EU) 2016/429;

(28) ‘breed society’ means any breeders’ association, breeding organisation or public body, other than competent authorities, which is recognised by the competent authority of a Member State in accordance with Article 4(3) of Regulation (EU) 2016/1012 for the purpose of carrying out a breeding programme on purebred breeding animals entered in the breeding book(s) it maintains or establishes;

(29) ‘breeding body’ means any breeders’ association, breeding organisation, private undertaking, stock-rearing organisation or official service in a third country which, in respect of purebred breeding animals of the bovine, porcine, ovine, caprine or equine species or of hybrid breeding pigs, has been accepted by that third country in connection with the entry into the Union of breeding animals for breeding;

(30) ‘registered equine animal’ means: (a) a purebred breeding animal of the species Equus caballus and Equus asinus entered or eligible for entry in the main section of a breeding book established by a breed society or breeding body recognised in accordance with Articles 4 or 34 of Regulation (EU) 2016/1012; (b) a kept animal of the species Equus caballus registered with an international association or organisation, either directly or through its national federation or branches, which manages horses for competition or racing (‘registered horse’);

(31) ‘camelid animal’ means an animal of species of ungulates of family Camelidae listed in Annex III to Regulation (EU) 2016/429;

(32) ‘cervid animal’ means an animal of the species of ungulates of family Cervidae listed in Annex III to Regulation (EU) 2016/429;

(33) ‘reindeer’ means an ungulate animal of the Rangifer tarandus species listed in Annex III to Regulation (EU) 2016/429;

(34) ‘travelling circus’ means an exhibition or fair that includes animals or animal acts which is intended to move between Member States;

(35) ‘animal act’ means any act featuring animals kept for the purpose of an exhibition or fair, and which may form part of a circus;

(36) ‘breeding poultry’ means poultry 72 hours old or more, intended for the production of hatching eggs;

(37) ‘flock’ means all poultry or captive birds of the same health status kept on the same premises or in the same enclosure and constituting a single epidemiological unit; in housed poultry, this includes all birds sharing the same airspace.

PART II

REGISTRATION, APPROVAL, REGISTERS AND RECORD-KEEPING

TITLE I

REGISTRATION AND APPROVAL OF TRANSPORTERS AND OPERATORS OF ESTABLISHMENTS BY THE COMPETENT AUTHORITY

CHAPTER 1

Registration of transporters of kept terrestrial animals other than ungulates for transport between Member States and for transport to third countries

Article 3

Registration obligations of transporters of kept dogs, cats and ferrets, and poultry

Transporters engaged in the transportation of kept dogs, cats and ferrets, and poultry between Member States or between a Member State and a third country shall, in order to be registered in accordance with Article 93 of Regulation (EU) 2016/429, before they commence such activities provide the competent authority with information on:

(a) the name and address of the transporter concerned;

(b) the species for which transportation is planned;

(c) the type of transport;

(d) the means of transport.

Transporters as referred to in paragraph 1 shall inform the competent authority of any:

(a) change concerning the matters referred to in paragraphs 1, 2 and 3;

(b) cessation of the transport activity.

CHAPTER 2

Approval of establishments for assembly operations of ungulates and poultry, hatcheries and establishments keeping poultry

Article 4

Derogation from the requirement on operators to apply to the competent authority for approval of certain types of establishments

By way of derogation from Article 94(1)(a), (c) and (d) of Regulation (EU) 2016/429, operators of the following types of establishments shall not be required to apply to the competent authority for approval of their establishments in accordance with Article 96(1) of that Regulation:

(a) establishments for assembly operations of equine animals where those animals are gathered for the purposes of competitions, races, shows, training, collective leisure or work activities or in the context of breeding activities;

(b) hatcheries of captive birds;

(c) hatcheries from which consignments of less than 20 hatching eggs of poultry or less than 20 heads of poultry are moved to another Member State;

(d) establishments keeping poultry from which consignments of less than 20 heads of poultry intended for purposes other than slaughter or consignments of less than 20 hatching eggs of poultry are moved to another Member State.

Article 5

Requirements for granting approval of establishments for assembly operations of ungulates

When granting approval of establishments for assembly operations of ungulates, from which those animals are to be moved to another Member State or which receive those animals from another Member State, the competent authority shall ensure that such establishments comply with the following requirements set out in Part 1 of Annex I hereto:

(a) point 1, in relation to isolation and other biosecurity measures;

(b) point 2, in relation to facilities and equipment;

(c) point 3, in relation to personnel;

(d) point 4, in relation to supervision by the competent authority.

Article 6

Requirements for granting approval of establishments for assembly operations of poultry

When granting approval of establishments for assembly operations of poultry from which those animals are to be moved to another Member State or which receive those animals from another Member State, the competent authority shall ensure that such establishments comply with the following requirements set out in Part 2 of Annex I hereto:

(a) point 1, in relation to isolation and other biosecurity measures;

(b) point 2, in relation to facilities and equipment;

(c) point 3, in relation to personnel;

(d) point 4, in relation to supervision by the competent authority.

Article 7

Requirements for granting approval of hatcheries

When granting approval of hatcheries from which hatching eggs of poultry or day-old chicks are to be moved to another Member State, the competent authority shall ensure that such establishments comply with the following requirements set out in:

(a) point 1 of Part 3 of Annex I, in relation to biosecurity measures;

(b) point 2 of Part 3 of Annex I and Parts 1 and 2 of Annex II, in relation to surveillance;

(c) point 3 of Part 3 of Annex I, in relation to facilities and equipment;

(d) point 4 of Part 3 of Annex I, in relation to personnel;

(e) point 5 of Part 3 of Annex I, in relation to supervision by the competent authority.

Article 8

Requirements for granting approval of establishments keeping poultry

When granting approval of establishments keeping poultry from which poultry intended for purposes other than slaughter or hatching eggs are to be moved to another Member State, the competent authority shall ensure that such establishments comply with the following requirements set out in:

(a) point 1 of Part 4 of Annex I, in relation to biosecurity measures;

(b) point 2 of Part 4 of Annex I and Part 2 of Annex II, in relation to surveillance;

(c) point 3 of Part 4 of Annex I, in relation to facilities and equipment.

CHAPTER 3

Approval of establishments keeping terrestrial animals

Article 9

Obligation on operators of certain type of establishments keeping terrestrial animals to apply to the competent authority for approval

Operators of the following types of establishments shall apply to the competent authority for approval in accordance with Article 96(1) of Regulation (EU) 2016/429 and shall not commence their activities until their establishment has been approved:

(a) assembly centres of dogs, cats and ferrets from which those animals are moved to another Member State;

(b) animal shelters of dogs, cats and ferrets from which those animals are moved to another Member State;

(c) control posts;

(d) environmentally isolated production establishments for bumble bees from which those animals are moved to another Member State;

(e) quarantine establishments for kept terrestrial animals other than primates from which those animals are moved within the same Member State or to another Member State.

Article 10

Requirements for granting approval of assembly centres of dogs, cats and ferrets

When granting approval of assembly centres of dogs, cats and ferrets from which those animals are to be moved to another Member State, the competent authority shall ensure that such establishments comply with the following requirements set out in Part 5 of Annex I hereto:

(a) point 1, in relation to isolation and other biosecurity measures;

(b) point 3, in relation to facilities and equipment.

Article 11

Requirements for granting approval of animal shelters of dogs, cats and ferrets

When granting approval of animal shelters from which dogs, cats and ferrets are to be moved to another Member State, the competent authority shall ensure that such establishments comply with the following requirements set out in Part 5 of Annex I hereto:

(a) point 2, in relation to isolation and other biosecurity measures;

(b) point 3, in relation to facilities and equipment.

Article 12

Requirements for granting approval of control posts