PART IV

REGISTRATION, APPROVAL, TRACEABILITY AND MOVEMENTS
TITLE I

TERRESTRIAL ANIMALS, GERMINAL PRODUCTS AND PRODUCTS OF ANIMAL ORIGIN FROM TERRESTRIAL ANIMALS
CHAPTER 1

Registration, approval, record-keeping and registers
Section 2

Approval of certain types of establishments

Approval of certain establishments and delegated acts
Article 94
1
Operators of the following types of establishments shall apply to the competent authority for approval in accordance with Article 96(1) and shall not commence their activities until their establishment has been approved in accordance with Article 97(1):
a
establishments for assembly operations of ungulates and poultry from which those animals are moved to another Member State or which receive animals from another Member State;
b
germinal product establishments for bovine, porcine, ovine, caprine and equine animals from which germinal products of those animals are moved to another Member State;
c
hatcheries from which hatching eggs or poultry are moved to another Member State;
d
establishments keeping poultry from which poultry intended for purposes other than slaughter or hatching eggs are moved to another Member State;
e
any other type of establishment for kept terrestrial animals which poses a significant risk and is required to be approved in accordance with rules laid down in a delegated act adopted in accordance with point (b) of paragraph 3.
2
Operators shall cease activity at an establishment as referred to in paragraph 1 where:
a
the competent authority withdraws or suspends its approval in accordance with Article 100(2); or
b
in the event of conditional approval, granted in accordance with Article 99(3), the establishment in question fails to comply with the outstanding requirements referred to in Article 99(3) and does not obtain a final approval in accordance with Article 97(1).
3
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning:
a
derogations from the requirement for operators of the types of establishments referred to in points (a) to (d) of paragraph 1 to apply to the competent authority for approval, where those establishments pose an insignificant risk;
b
the types of establishments which must be approved in accordance with point (e) of paragraph 1;
c
special rules for the cessation of activities for germinal product establishments as referred to in point (b) of paragraph 1.
4
When adopting delegated acts as provided for in paragraph 3, the Commission shall base those acts on the following criteria:
a
the species and categories of kept terrestrial animals or germinal products in an establishment;
b
the number of species and number of kept terrestrial animals or germinal products kept in an establishment;
c
the type of establishment and type of production; and
d
the movements of kept terrestrial animals or germinal products into and out of those types of establishments.