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
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
Delegated Regulation (EU) 2020/692 lays down supplementing animal health requirements for entry into the Union of consignments of certain animals, including live aquatic animals, germinal products and products of animal origin. In particular, in accordance with that Regulation, such consignments shall be accompanied by the animal health certificate, and if provided in that Regulation, by declaration or other documents. Those Delegated Regulations provide the requirements which animals and goods for human consumption have to comply with when entering the Union.
Article 168(1) and (3) of Regulation (EU) 2016/429 lays down rules as regards information in the animal health certificate required to accompany movements within a Member State or from one Member State to another Member State of consignments of products of animal origin from terrestrial animals, and empowers the Commission to adopt delegated acts supplementing these rules. Therefore, models of animal health certificates for such movements of products of animal origin produced or processed in establishments, food businesses or zones subject to emergency measures or movement restrictions should be set out by this Regulation.
Article 224(4) of Regulation (EU) 2016/429 empowers the Commission to lay down rules on model forms of animal health certificates.
In addition, Article 238(3) of Regulation (EU) 2016/429 empowers the Commission to lay down by means of implementing acts, rules concerning the contents and the format of models of animal health certificates, declarations and other documents for the entry into the Union of animals, germinal products and products of animal origin.
Article 239(3) of Regulation (EU) 2016/429 empowers the Commission to lay down by means of implementing acts, rules concerning the contents and the format of models of animal health certificates, declarations and other documents for the entry into the Union of animals, germinal products and products of animal origin for which the Union is not the final destination.
In order to provide for legal clarity and consistency of the rules on animals and goods for human consumption, models of official certificates containing the animal health requirements for such movements of certain live aquatic animals and products of animal origin should be set out by this Regulation.
Regulation (EU) 2017/625 lays down rules for the performance of official controls and other official activities performed by the competent authorities of the Member States to ensure compliance with the rules referred to in Article 1(2) of that Regulation, among others, rules on food safety at all stages of production, processing and distribution and animal health and welfare requirements and animal by-products. That Regulation provides for certain rules on official certification when the rules referred to in Article 1(2) or Article 126(2)(c) of that Regulation require the issuance of official certificates. In the absence of more specific rules in Regulation (EU) 2016/429, those rules on official certification apply to the certificates set out in this Regulation.
In particular, point (a) of the first paragraph of Article 90 of Regulation (EU) 2017/625 empowers the Commission to lay down by means of implementing acts, rules concerning model official certificates, for the issuance of such certificates.
The rules referred to in Article 1(2) of Regulation (EU) 2017/625 include animal health requirements, but also, inter alia, rules in the area of food safety and animal welfare. In the interests of legal clarity, and in order to minimise administrative burden during the issuance of certificates, this Regulation should include animal health certificates, to be signed by the official veterinarian, official certificates to be signed by the certifying officer and animal health/ official certificates, to be signed by the official veterinarian or certifying officer, with respect to particular commodities.
Regulation (EU) 2016/429 aims at reducing the administrative burden in relation to certification and notification by using information technology as far as possible for multiple purposes. In addition, that Regulation lays down certain rules regarding the possibility for electronic animal health certificates to accompany certain consignments instead of animal health certificates issued on paper. Regulation (EU) 2017/625 lays down that consignments of animals and goods are to be accompanied by an official certificate issued either on paper or in electronic form. In addition, Article 90(f) of that Regulation empowers the Commission, by means of implementing acts, to lay down rules for the issuance of electronic certificates and for the use of electronic signatures. Therefore, it is appropriate to establish common requirements as regards issuance of certificates in both forms in addition to the requirements laid down in Articles 150 and 217 of Regulation (EU) 2016/429 and in Chapter VII of Title II of Regulation (EU) 2017/625.
To facilitate official controls at the border control posts of entry into the Union, the requirements for certificates for the entry into the Union should include linguistic requirements.
Point (c) of the first paragraph of Article 90 of Regulation (EU) 2017/625 empowers the Commission to lay down by means of implementing acts rules concerning the procedures to be followed for the issuance of replacement certificates. Therefore, it is appropriate to establish common requirements as regards the replacement of certificates and these common requirements, which should apply to animal health certificates, to be signed by the official veterinarian, official certificates to be signed by the certifying officer and animal health/official certificates, to be signed by the official veterinarian or certifying officer, should be set out in this Regulation.
To avoid misuse and abuse, it is important to lay down rules concerning the cases where a replacement certificate may be issued and the requirements that such certificates need to meet. These cases should be limited to administrative errors and to cases where the initial certificate has been damaged or lost.
Article 237(1)(a) of Regulation (EU) 2016/429 provides that the Member States shall only permit the entry into the Union of consignments of animals, germinal products and products of animal origin if they are accompanied by an animal health certificate, unless a derogation is provided for in Article 237(4)(a) of that Regulation. Article 126(2)(c) of Regulation (EU) 2017/625 establishes the requirement that consignments of certain animals and goods entering the Union are to be accompanied by an official certificate, an official attestation or any other evidence that the consignments comply with the relevant requirements established by the rules referred to in Article 1(2) of that Regulation.
In this regard, Delegated Regulation (EU) 2019/625 provides for a list of goods and animals intended for human consumption, in particular products of animal origin, live insects, sprouts for human consumption and seeds intended for the production of sprouts for human consumption, that need to be accompanied by an official certificate upon the entry into the Union. To facilitate official controls upon the entry into the Union of consignments of products of animal origin, live insects, sprouts for human consumption and seeds intended for the production of sprouts for human consumption, model official certificates should be laid down for such goods and animals intended for human consumption.
In the case of emergency slaughter outside the slaughterhouse of certain categories of animals, it is appropriate for reasons of harmonisation and clarity, to lay down a model certificate in this Regulation for the declaration to be issued by the official veterinarian in accordance with point (6) of Chapter VI of Section I of Annex III to Regulation (EC) No 853/2004.
As Regulation (EU) 2016/429 applies with effect from 21 April 2021, this Regulation should also apply from that date.
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: