Commission Implementing Regulation (EU) 2022/37 of 12 January 2022 amending Implementing Regulation (EU) 2021/403 as regards model animal health certificates and model animal health/official certificates, for the entry into the Union and movements between Member States of consignments of certain species and categories of poultry and captive birds and germinal products thereof (Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

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’) ¹, and in particular Article 146(2), Article 156(2), first subparagraph, point (a), and Articles 162(5), 238(3) and 239(3) thereof,

Having regard to 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) ², and in particular Article 90, first paragraph, points (a), and Article 126(3) thereof,

Whereas:

• (1) Commission Implementing Regulation (EU) 2021/403 ³ establishes model certificates, in the form of animal health certificates or animal health/official certificates for movements between Member States, and the entry into the Union, of consignments of certain categories of terrestrial animals and germinal products thereof. Those consignments include those falling within the scope of Commission Delegated Regulations (EU) 2020/688 ⁴ and (EU) 2020/692 ⁵.

• (2) Chapter 18 of Annex I to Implementing Regulation (EU) 2021/403 sets out the model animal health/official certificate for the movement between Member States of less than 20 heads of poultry other than ratites or less than 20 hatching eggs of poultry other than ratites (model ‘POU-INTRA-LT20’). Article 37 of Delegated Regulation (EU) 2020/688 was recently amended by Commission Delegated Regulation (EU) 2021/1706 ⁶ in order to provide a derogation for movements of consignments of less than 20 heads of day-old chicks of poultry other than ratites, hatched from hatching eggs which have entered into the Union from a third country or territory or zone thereof. That amendment should be reflected in that model animal health/official certificate. Chapter 18 of Annex I to Implementing Regulation (EU) 2021/403 should be therefore amended accordingly.

• (3) Chapter 19 of Annex I to Implementing Regulation (EU) 2021/403 sets out the model animal health/official certificate for the movement between Member States of poultry intended for slaughter (model ‘POU-INTRA-Y’). Articles 29 and 44 of Commission Delegated Regulation (EU) 2020/687 ⁷ lay down specific conditions for authorising movements for slaughter of kept animals of listed species that are in a protection or surveillance zone following the confirmation of an outbreak of a category A disease. Those specific conditions should be reflected in that model animal health/official certificate. Chapter 19 of Annex I to Implementing Regulation (EU) 2021/403 should be therefore amended accordingly.

• (4) In Annex II to Implementing Regulation (EU) 2021/403, Chapter 27 sets out model animal health/official certificate for the entry into the Union of hatching eggs of poultry other than ratites (model ‘HEP’) and Chapter 28 the model animal health certificate for the entry into the Union of hatching eggs of ratites (model ‘HER’). Article 107 of Delegated Regulation (EU) 2020/692 was recently amended by Commission Delegated Regulation (EU) 2021/1705 ⁸ in order to lay down new requirements for consignments of hatching eggs of poultry as regards the inspection of their flock of origin. Those new requirements should be reflected in those model certificates. Chapters 27 and 28 of Annex II to Implementing Regulation (EU) 2021/403 should be therefore amended accordingly.

• (5) Chapter 34 of Annex II to Implementing Regulation (EU) 2021/403 sets out the model animal health certificate for entry into the Union of captive birds (model ‘CAPTIVE-BIRDS’). Article 62 of Delegated Regulation (EU) 2020/692 was recently amended by Delegated Regulation (EU) 2021/1705, in order to introduce a derogation from the specific animal health requirements for captive birds for entry into the Union of racing pigeons from a third country or territory or zone thereof where they are normally kept, with the intention to be immediately released with the expectation that they will fly back to that third country or territory or zone thereof. Those amendments should therefore be reflected in Implementing Regulation (EU) 2021/403 by excluding that category of captive birds from that model animal health certificate and by establishing instead a new model animal health certificate for the entry into the Union of racing pigeons to be immediately released after entry (model ‘RACING PIGEONS-IMMEDIATE RELEASE’). It is therefore necessary to amend Chapter 34 of Annex II to Implementing Regulation (EU) 2021/403 and to add a new Chapter 34a to that Annex.

• (6) Annexes I and II to Implementing Regulation (EU) 2021/403 should therefore be amended accordingly.

• (7) Article 17 of Implementing Regulation (EU) 2021/403 lists the models of the animal health certificates and animal health/official certificates to be used for the entry into the Union of certain categories of birds and germinal products. It is therefore necessary to amend it to include in that list a reference to the new model ‘RACING PIGEONS-IMMEDIATE RELEASE’ to be inserted in new Chapter 34a of Annex II thereto.

• (8) In order to avoid any disruption to trade as regards the entry into the Union of consignments concerned by the amendments to be made to Annex II to Implementing Regulation (EU) 2021/403 by this Regulation, the use of certificates issued in accordance with Implementing Regulation (EU) 2021/403, as applicable prior to the amendments made by this Regulation, should continue to be authorised during a transitional period subject to certain conditions.

• (9) 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

Implementing Regulation (EU) 2021/403 is amended as follows:

• 1. Article 17 is amended as follows:

• (a) point (l) is replaced by the following:

• ‘(l) CAPTIVE-BIRDS, other than racing pigeons drawn up in accordance with the model set out in Chapter 34 of Annex II, for captive birds, other than racing pigeons immediately released after entry into the Union;’;

• (b) point (m) is replaced by the following points (m) and (n):

• ‘(m) RACING PIGEONS-IMMEDIATE RELEASE drawn up in accordance with Chapter 34a of Annex II, for racing pigeons immediately released after entry into the Union;

• (n) HE-CAPTIVE-BIRDS drawn up in accordance with the model set out in Chapter 35 of Annex II, for hatching eggs of captive birds.’;

• 1. Annexes I and II are amended in accordance with the Annex to this Regulation.

Article 2

For a transitional period until 15 September 2022, consignments of certain species and categories of poultry and captive birds and germinal products thereof, accompanied by the appropriate model animal health/official certificate or appropriate model animal health certificate issued in accordance with the models set out in Chapters 27, 28 and 34 of Annex II to Implementing Regulation (EU) 2021/403, as applicable before the amendments made to that Implementing Regulation by this Regulation, shall continue to be authorised for entry into the Union provided that the certificate was issued no later than 15 June 2022.

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.

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

Done at Brussels, 12 January 2022.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX

Annexes I and II to Implementing Regulation (EU) 2021/403 are amended as follows:

• (1) Annex I is amended as follows:

• (a) Chapter 18 is replaced by the following:

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• (b) Chapter 19 is replaced by the following:

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• (2) Annex II is amended as follows:

• (a) in the introductory table setting out the list of the model animal health certificates and animal health/official certificates and declarations for entry into the Union and transit through the Union contained in that Annex, the Section for birds and germinal products thereof is amended as follows:

• (i) the entry for CAPTIVE-BIRDS is replaced by the following:

• (ii) the following entry for RACING PIGEONS-IMMEDIATE RELEASE is inserted between the entry for CAPTIVE-BIRDS and the entry for HE-CAPTIVE-BIRDS:

• (b) Chapter 27 is replaced by the following:

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• (c) Chapter 28 is replaced by the following:

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• (d) in Chapter 34, the title is amended as follows:

• ‘CHAPTER 34: MODEL ANIMAL HEALTH CERTIFICATE FOR ENTRY INTO THE UNION OF CAPTIVE BIRDS OTHER THAN RACING PIGEONS IMMEDIATELY RELEASED AFTER ENTRY (MODEL ‘CAPTIVE-BIRDS other than racing pigeons’)’

• (e) the following Chapter 34a is inserted between Chapter 34 and Chapter 35:

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