Commission Implementing Regulation (EU) 2026/318 of 12 February 2026 amending Annex III to Implementing Regulation (EU) 2020/2235 and Annex II to Implementing Regulation (EU) 2021/403 as regards model certificates for entry into the Union of consignments of certain products of domestic solipeds origin intended for human consumption and certain categories of equine animals
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), point (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 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) (3), and in particular Article 90, first paragraph, point (a), and Article 126(3) thereof,
Whereas:
(1) Commission Implementing Regulation (EU) 2020/2235 (4) lays down rules regarding animal health certificates provided for in Regulation (EU) 2016/429, official certificates provided for in Regulation (EU) 2017/625, and animal health/official certificates based on those Regulations, required for the entry into the Union of certain consignments of animals and goods.
(2) Chapters 4 (model ‘EQU’), 24 (model ‘MP-PREP’), 25 (model ‘MPNT’) and 26 (model ‘MPST’) of Annex III to Implementing Regulation (EU) 2020/2235 set out model animal health/official certificates and model official certificates for the entry into the Union of consignments of certain products of domestic solipeds origin intended for human consumption. Council Directive 96/22/EC (5) prohibits the administration of the substances listed in Annex II to that Directive to equine animals intended for human consumption (Article 3, point (a)) and the import to the Union from third countries of such animals which have been administered those substances (Article 11). Point II.1.7 of the public health attestation in model EQU and point II.1.11 of the public health attestation in models MP-PREP, MPNT and MPST should be amended to reflect those prohibitions.
(3) Commission Implementing Regulation (EU) 2021/403 (6) establishes, amongst others, model certificates in the form of animal health certificates or animal health/official certificates and model declarations for the entry into the Union of consignments of certain categories of terrestrial animals and germinal products thereof.
(4) Article 15 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates and animal health/official certificates and declarations accompanying those certificates to be used for the entry into the Union of certain categories of equine animals are to correspond to one of the models set out in Annex II thereto, and referred to in that Article, depending on the movements concerned.
(5) Chapters 13 and 14 of that Annex set out, respectively, the model animal health/official certificates and model declarations for the entry into the Union of equine animals not intended for slaughter (model ‘EQUI-X’) and intended for slaughter (model ‘EQUI-Y’). Point II.6 of the public health attestation in those models should be amended to reflect the prohibitions laid down in Article 3, point (a), and Article 11 of Directive 96/22/EC.
(6) Annex III to Implementing Regulation (EU) 2020/2235 and Annex II to Implementing Regulation (EU) 2021/403 should therefore be amended accordingly.
(7) In order to avoid any disruption to trade as regards the entry into the Union of consignments of certain products of domestic solipeds origin intended for human consumption and certain categories of equine animals due to the amendments made to Annex III to Implementing Regulation (EU) 2020/2235 and Annex II to Implementing Regulation (EU) 2021/403 by this Regulation, the use of certificates or declarations issued in accordance with Implementing Regulations (EU) 2020/2235 and (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.
(8) 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 in accordance with Annex I to this Regulation.
Article 2
Annex II to Implementing Regulation (EU) 2021/403 is amended in accordance with Annex II to this Regulation.
Article 3
For a transitional period until 12 December 2026, the use of official certificates or animal health/official certificates issued in accordance with the models set out in Chapters 4, 24, 25 and 26 of Annex III to Implementing Regulation (EU) 2020/2235, as applicable before the amendments made to that Implementing Regulation by this Regulation, shall continue to be authorised for entry into the Union consignments of certain products of domestic solipeds origin intended for human consumption, provided that those certificate were issued no later than 12 September 2026.
For a transitional period until 12 December 2026, the use of animal health/official certificates and declarations, issued in accordance with the models set out in Chapters 13 and 14 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 of consignments of certain categories of equine animals provided that those certificates and declarations were issued no later than 12 September 2026.
Article 4
This Regulation shall enter into force on the twentieth 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 February 2026
For the Commission The President Ursula VON DER LEYEN
(1) OJ L 139, 30.4.2004, p. 55, ELI: http://data.europa.eu/eli/reg/2004/853/oj.
(2) OJ L 84, 31.3.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/429/oj.
(3) OJ L 95, 7.4.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/625/oj.
(4) 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, ELI: http://data.europa.eu/eli/reg_impl/2020/2235/oj).
(5) Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L125, 23.5.1996, p. 3, ELI: http://data.europa.eu/eli/dir/1996/22/oj).
(6) Commission Implementing Regulation (EU) 2021/403 of 24 March 2021 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 and model animal health/official certificates, for the entry into the Union and movements between Member States of consignments of certain categories of terrestrial animals and germinal products thereof, official certification regarding such certificates and repealing Decision 2010/470/EU (OJ L 113, 31.3.2021, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2021/403/oj).
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