LegalizeCommission Implementing Regulation (EU) 2021/617 of 14 April 2021 amending Implementing Regulations (EU) 2020/2235 and (EU) 2020/2236 as regards model animal health certificates and animal health/official certificates for the entry into the Union of certain aquatic animals and products of animal origin (Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 on laying specific hygiene rules for food of animal origin (1), and in particular Article 7(2)(a) thereof,
Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (2), and in particular Articles 213(2) and 224(4) thereof,
Whereas:
(1) Commission Implementing Regulations (EU) 2020/2235 (3) and (EU) 2020/2236 (4) lay down rules for the application of Regulation (EU) 2016/429 and Regulation (EU) 2017/625 of the European Parliament and of the Council (5) as regards models of animal health certificates and animal health/official certificates for the entry into the Union of certain aquatic animals and products of animal origin.
(2) Consignments of live aquatic animals intended for human consumption may enter the Union only if they comply with the rules laid down in Regulation (EC) No 853/2004. The wording of certain notes set out in the model animal health/official certificates for live fish, live crustaceans, live bivalve molluscs, echinoderms, tunicates, marine gastropods and products of animal origin from those animals in Chapters 28 and 31 of Annex III to Implementing Regulation (EU) 2020/2235 has presented the potential for ambiguity with regard to public health requirements. Therefore, in order to prevent misunderstandings and to ensure coherence between public and animal health requirements for the entry into the Union of consignments of certain live aquatic animals intended for human consumption, the notes set out in the model animal health/official certificates for live fish, live crustaceans, live bivalve molluscs, echinoderms, tunicates, marine gastropods and products of animal origin from those animals in Chapters 28 and 31 of Annex III, should be amended accordingly.
(3) To ensure complete clarity in the notes of the model animal health/official certificates for live fish, live crustaceans, live bivalve molluscs, echinoderms, tunicates, marine gastropods and products of animal origin from those animals, set out in Annex III to Implementing Regulation (EU) 2020/2235, should be explicitly clear that consignments of live aquatic animals intended for human consumption may enter the Union only if they comply with Regulation (EC) No 853/2004.
(4) In addition, in order to ensure coherence between public and animal health requirements for the entry into the Union of certain live aquatic animals intended for human consumption, certain amendments are required to the title and in the notes of the model animal health certificate for aquatic animals intended for certain aquaculture establishments, for release into the wild, or for other purposes, as set out in Annex II to Implementing Regulation (EU) 2020/2236. These amendments are required to ensure that it is explicitly clear that this certificate may not be used for consignments of aquatic animals intended for human consumption. Whilst purification centres and dispatch centres are aquaculture establishments in accordance with Regulation (EU) 2016/429, the public health rules prevent aquatic animals from entering the Union if they are destined for purification centres, or under certain circumstances, if they are destined for dispatch centres.
(5) To provide clarity in that respect, and in order to prevent misunderstandings, the model animal health certificate for the entry into the Union of aquatic animals intended for certain aquaculture establishments, for release into the wild, or for other purposes, excluding human consumption which is set out in Annex II to Implementing Regulation (EU) 2020/2236, should be amended to ensure it is clear that consignments of live aquatic animals intended for human consumption can enter the Union only if they comply with Regulation (EC) No 853/2004.
(6) As Implementing Regulations (EU) 2020/2235 and (EU) 2020/2236 apply with effect from 21 April 2021, this Regulation should also apply from that date.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Implementing Regulation (EU) 2020/2235 is amended as follows:
Article 2
Implementing Regulation (EU) 2020/2236 is amended as follows:
(1) Article 7 is replaced by the following: ‘Article 7 Model animal health certificate for the entry into the Union of aquatic animals intended for aquaculture establishments, for release into the wild, or for other purposes, excluding human consumption The animal health certificate referred to in Article 1(2)(b) to be used for the entry into the Union of consignments of aquatic animals intended for aquaculture establishments, for release into the wild, or for other purposes, excluding human consumption shall correspond to the model AQUA-ENTRY-ESTAB/RELEASE/OTHER drawn up in accordance with the model set out in Annex II.’;
(2) Annex II is replaced by the text set out in the Annex to this Regulation.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 21 April 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 April 2021.
For the Commission The President Ursula VON DER LEYEN
(1) OJ L 139, 30.4.2004, p. 55.
(3) Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1).
(4) Commission Implementing Regulation (EU) 2020/2236 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates for the entry into the Union and movements within the Union of consignments of aquatic animals and of certain products of animal origin from aquatic animals, official certification regarding such certificates and repealing Regulation (EC) No 1251/2008 (OJ L 442, 30.12.2020, p. 410).
(5) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).