Official Journal |
EN Series L |
2024/399 |
12.2.2024 |
COMMISSION IMPLEMENTING REGULATION (EU) 2024/399
of 29 January 2024
amending Annex III to Implementing Regulation (EU) 2020/2235 and Annex II to Implementing Regulation (EU) 2021/403 as regards model certificates for the entry into the Union of consignments of certain products of animal origin and certain categories of animals
(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), 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, and Article 126(3) thereof,
Having regard to Commission Delegated Regulation (EU) 2023/905 of 27 February 2023 supplementing Regulation (EU) 2019/6 of the European Parliament and of the Council as regards the application of the prohibition of use of certain antimicrobial medicinal products in animals or products of animal origin exported from third countries into the Union (4), and in particular Article 6 thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) 2020/2235 (5) lays down rules regarding models of animal health certificates provided for in Regulation (EU) 2016/429, official certificates provided for in Regulation (EU) 2017/625, and of animal health/official certificates based on those Regulations, required for the entry into the Union of certain consignments of animals and goods. |
(2) |
More specifically, Chapters 1 (model ‘BOV’), 2 (model ‘OVI’), 3 (model ‘POR’), 4 (model ‘EQU’), 5 (model ‘RUF’), 7 (model ‘SUF’), 10 (model ‘RUM-MSM’), 11 (model ‘SUI-MSM’), 12 (model ‘NZ-TRANSIT-SG’), 13 (model ‘POU’), 15 (model ‘RAT’), 19 (model ‘E’), 20 (model ‘EP’), 23 (model ‘RM’), 24 (model ‘MP-PREP’), 25 (model ‘MPNT’), 26 (model ‘MPST’), 27 (model ‘CAS’), 28 (model ‘FISH-CRUST-HC’), 33 (model ‘MILK-RM’), 34 (model ‘MILK-RMP/NT’), 35 (model ‘DAIRY-PRODUCTS-PT’), 36 (model ‘DAIRY-PRODUCTS-ST’), 37 (model ‘COLOSTRUM’), 38 (model ‘COLOSTRUM-BP’), 45 (model ‘HON’) and 49 (model ‘PAO’) of Annex III to Implementing Regulation (EU) 2020/2235 set out model certificates for the entry into the Union of consignments of certain products of animal origin for human consumption. |
(3) |
The public health attestations of those models should be amended to reflect the provisions laid down in Delegated Regulation (EU) 2023/905 as regards the application of the prohibition of use of certain antimicrobial medicinal products in animals or products of animal origin exported from third countries to the Union. It is therefore necessary to amend those models accordingly. |
(4) |
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 official declarations for the entry into the Union of consignments of certain categories of terrestrial animals. |
(5) |
More specifically, Chapters 1 (model ‘BOV-X’), 2 (model ‘BOV-Y’), 4 (model ‘OV/CAP-X’), 5 (model ‘OV/CAP-Y’), 7 (model ‘SUI-X’), 8 (model ‘SUI-Y’), 12 (model ‘CAM-CER’), 13 (model ‘EQUI-X’), 14 (model ‘EQUI-Y’), 22 (model ‘BPP’), 23 (model ‘BPR’), 29 (model ‘SP’), 30 (model ‘SR’) and 31 (model ‘POU- LT20’) of Annex II to Implementing Regulation (EU) 2021/403 set out model certificates for the entry into the Union of consignments of certain categories of food-producing terrestrial animals. |
(6) |
The public health attestations of those models should be amended to reflect the provisions laid down in Delegated Regulation (EU) 2023/905 as regards the application of the prohibition of use of certain antimicrobial medicinal products in animals or products of animal origin exported from third countries to the Union. It is therefore necessary to amend those models accordingly. |
(7) |
Annex III to Implementing Regulation (EU) 2020/2235 and Annex II to Implementing Regulation (EU) 2021/403 should therefore be amended accordingly. |
(8) |
In order to avoid any disruption to trade as regards the entry into the Union of consignments of certain products of animal origin and certain categories of animals concerned by the amendments made by this Regulation, the use of certificates 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. |
(9) |
Delegated Regulation (EU) 2023/905 provides that the conditions for entry into the Union of consignments of animals or products of animal origin within its scope are to apply 24 months after the date of application of the Implementing Regulation that incorporates in the relevant animal health certificates and animal health/official certificates the prohibition of use of certain antimicrobial medicinal products in animals or products of animal origin exported from third countries to the Union. This Regulation should apply 6 months after its entry into force. It follows that consignments of certain products of animal origin and certain categories of animals entering the Union from third countries are to be accompanied by certificates in accordance with the requirements set out in this Regulation as from 3 September 2026. |
(10) |
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 Part 1 of the Annex to this Regulation.
Article 2
Annex II to Implementing Regulation (EU) 2021/403 is amended in accordance with Part 2 of the Annex to this Regulation.
Article 3
1. For a transitional period until 3 December 2024, as regards consignments of certain products of animal origin for human consumption, the use of certificates issued in accordance with the models set out in Chapters 1, 2, 3, 4, 5, 7, 10, 11, 12, 13, 15, 19, 20, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, 37, 38, 45 and 49 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 the entry into the Union provided that those certificates were issued no later than 3 September 2024.
2. For a transitional period until 3 December 2024, as regards consignments of certain categories of food-producing terrestrial animals, the use of certificates issued in accordance with the models set out in Chapters 1, 2, 4, 5, 7, 8, 12, 13, 14, 22, 23, 29, 30 and 31 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 the entry into the Union provided that those certificates were issued no later than 3 September 2024.
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.
It shall apply from 3 September 2024.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 January 2024.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 139, 30.4.2004, p. 55.
(5) 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).
(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).
ANNEX
PART 1
Annex III to Implementing Regulation (EU) 2020/2235 is amended as follows:
(1) |
in Chapter 1 (model ‘BOV’), Part II is amended as follows:
|
(2) |
in Chapter 2 (model ‘OVI’), Part II is amended as follows:
|
(3) |
in Chapter 3 (model ‘POR’), Part II is amended as follows:
|
(4) |
in Chapter 4 (model ‘EQU’), Part II is amended as follows:
|
(5) |
in Chapter 5 (model ‘RUF’), Part II is amended as follows:
|
(6) |
in Chapter 7 (model ‘SUF’), Part II is amended as follows:
|
(7) |
in Chapter 10 (model ‘RUM-MSM’), Part II is amended as follows:
|
(8) |
in Chapter 11 (model ‘SUI-MSM’), Part II is amended as follows:
|
(9) |
in Chapter 12 (model ‘NZ-TRANSIT-SG’), Part II is amended as follows:
|
(10) |
in Chapter 13 (model ‘POU’), Part II is amended as follows:
|
(11) |
in Chapter 15 (model ‘RAT’), Part II is amended as follows:
|
(12) |
in Chapter 19 (model ‘E’), Part II is amended as follows:
|
(13) |
in Chapter 20 (model ‘EP’), Part II is amended as follows:
|
(14) |
in Chapter 23 (model ‘RM’), Part II is amended as follows:
|
(15) |
in Chapter 24 (model ‘MP-PREP’), Part II is amended as follows:
|
(16) |
in Chapter 25 (model ‘MPNT’), Part II is amended as follows:
|
(17) |
in Chapter 26 (model ‘MPST’), Part II is amended as follows:
|
(18) |
in Chapter 27 (model ‘CAS’), Part II is amended as follows:
|
(19) |
in Chapter 28 (model ‘FISH-CRUST-HC’), Part II is amended as follows:
|
(20) |
in Chapter 33 (model ‘MILK-RM’), Part II is amended as follows:
|
(21) |
in Chapter 34 (model ‘MILK-RMP/NT’), Part II is amended as follows:
|
(22) |
in Chapter 35 (model ‘DAIRY-PRODUCTS-PT’), Part II is amended as follows:
|
(23) |
in Chapter 36 (model ‘DAIRY-PRODUCTS-ST’), Part II is amended as follows:
|
(24) |
in Chapter 37 (model ‘COLOSTRUM’), Part II is amended as follows:
|
(25) |
in Chapter 38 (model ‘COLOSTRUM-BP’), Part II is amended as follows:
|
(26) |
in Chapter 45 (model ‘HON’), Part II is amended as follows:
|
(27) |
in Chapter 49 (model ‘PAO’), Part II is amended as follows:
|
PART 2
Annex II to Implementing Regulation (EU) 2021/403 is amended as follows:
(1) |
in Chapter 1 (model ‘BOV-X’), Part II is amended as follows:
|
(2) |
Chapter 2 (model ‘BOV-Y’) Part II is amended as follows:
|
(3) |
Chapter 4 (model ‘OV/CAP-X’) Part II is amended as follows:
|
(4) |
Chapter 5 (model ‘OV/CAP-Y’) Part II is amended as follows:
|
(5) |
Chapter 7 (model ‘SUI-X’) Part II is amended as follows:
|
(6) |
Chapter 8 (model ‘SUI-Y’) Part II is amended as follows:
|
(7) |
Chapter 12 (model ‘CAM-CER’) Part II is amended as follows:
|
(8) |
Chapter 13 (model ‘EQUI-X’) Part II is amended as follows:
|
(9) |
Chapter 14 (model ‘EQUI-Y’) Part II is amended as follows:
|
(10) |
Chapter 22 (model ‘BPP’) Part II is amended as follows:
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(11) |
Chapter 23 (model ‘BPR’) Part II is amended as follows:
|
(12) |
Chapter 29 (model ‘SP’) Part II is amended as follows:
|
(13) |
Chapter 30 (model ‘SR’) Part II is amended as follows:
|
(14) |
Chapter 31 (model ‘POU- LT20’) Part II is amended as follows:
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ELI: http://data.europa.eu/eli/reg_impl/2024/399/oj
ISSN 1977-0677 (electronic edition)