Commission Implementing Regulation (EU) 2021/1938 of 9 November 2021 establishing the model identification document for non-commercial movements of pet birds into a Member State from a territory or a third country and repealing Decision 2007/25/EC (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (1), and in particular Articles 30 and 36 thereof,

Whereas:

(1) Regulation (EU) No 576/2013 lays down the animal health requirements applicable to non-commercial movements of pet animals, including birds referred to in Part B of Annex I thereto (pet birds), into a Member State from a territory or a third country, including the rules for documentary and identity checks on such non-commercial movements.

(2) Article 14 of Regulation (EU) No 576/2013 provides that pet birds moved into a Member State from a territory or a third country are to be accompanied by an identification document. Article 30 of that Regulation also provides for a model identification document to be adopted by the Commission by way of an implementing act, and that that identification document is to contain a written declaration by the owner or an authorised person confirming that the movement of the pet bird into the Union is a non-commercial movement (written declaration). Accordingly, this Regulation should establish that model identification document, which should consist of a veterinary certificate (veterinary certificate), as well as the written declaration.

(3) Animal health requirements for the non-commercial movements of pet birds into a Member State from a territory or a third country are laid down in Commission Delegated Regulation (EU) 2021/1933 (2), which applies from 1 January 2022. Therefore, the model identification document should take into account the rules laid down in that Delegated Regulation.

(4) The current certification rules regarding non-commercial movements of pet birds into a Member State from a territory or a third country are laid down in Commission Decision 2007/25/EC (3). As the rules laid down in that Decision are to be replaced by the rules laid down in Delegated Regulation (EU) 2021/1933 and in this Regulation, Decision 2007/25/EC should be repealed and any reference to that Decision should be construed as reference to this Regulation and to Delegated Regulation (EU) 2021/1933.

(5) In order to avoid any disturbances with regard to the introduction of pet birds into the Union, the use of a veterinary certificate and a declaration complying with the rules laid down in Decision 2007/25/EC should be authorised during a transitional period of three months following the date of application of this Regulation, subject to certain conditions.

(6) As the rules laid down in this Regulation, are to be applied in tandem with the rules laid down in Delegated Regulation (EU) 2021/1933, this Regulation should also apply from 1 January 2022.

(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

Subject matter and scope

This Regulation establishes a model of the identification document referred to in Article 14(2), point (c), of Regulation (EU) No 576/2013 to be used for non-commercial movements of pet animals of the avian species referred to in Part B of Annex I thereto (pet birds), into a Member State from a territory or third country.

Article 2

Model identification document

(a) the veterinary certificate set out in Part 1 of the Annex;

(b) the written declaration to be signed by the owner or an authorised person set out in Part 2 of the Annex.

(a) it must be completed in accordance with the notes in Part II of the veterinary certificate;

(b) it must be issued by an official veterinarian of the territory or third country of dispatch or by an authorised veterinarian and subsequently endorsed by the competent authority of that territory or third country in accordance with the requirements regarding the issuing of the veterinary certificate set out in Part 3 of the Annex.

Article 3

Repeal

Decision 2007/25/EC is repealed.

References to the repealed Decision shall be construed as references to this Regulation and to Delegated Regulation (EU) 2021/1933.

Article 4

Transitional measures

For a transitional period until 31 March 2022, Member States shall continue to authorise the non-commercial movement into the Union of pet birds accompanied by a veterinary certificate issued no later than 15 March 2022 in accordance with the model veterinary certificate set out in Annex II to Decision 2007/25/EC and the Declaration set out in Annex III thereto.

Article 5

Entry into force and applicability

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 November 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 178, 28.6.2013, p. 1.

(2) Commission Delegated Regulation (EU) 2021/1933 of 10 November 2021 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to the rules for non-commercial movements of pet birds into a Member State from a territory or a third country (OJ L 396., 10.11.2021, p. 4).

(3) Commission Decision 2007/25/EC of 22 December 2006 as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community (OJ L 8, 13.1.2007, p. 29).