PART VISPECIAL RULES FOR ENTRY OF CERTAIN COMMODITIES AS REFERRED TO IN ARTICLES 3 AND 5 FOR WHICH THE UNION IS NOT THE FINAL DESTINATION AND FOR ENTRY OF CERTAIN COMMODITIES ORIGINATING FROM AND RETURNING TO THE UNION

Article 178Special requirements for entry of ungulates, poultry and aquatic animals originating from, and returning to the Union following a refusal of entry by a third country

1.

Consignments of ungulates, poultry and aquatic animals originating from and returning to the Union following a refusal of entry by the competent authority of a third country or territory shall only be permitted to re-enter the Union if the following requirements are fulfilled:

(a)

the refusing third country or territory is a third country or territory or zone thereof listed for entry into the Union of the species and category of animals which are returning;

(b)

the animals referred to in point (a) did not transit through a third country or territory or zone thereof other than those referred to in point (a);

(c)

the animals are accompanied by the following documents:

  1. (i)

    the original animal health certificate issued by the competent authority of the Member State, or its electronic equivalents submitted in IMSOC, or an authenticated copy of the official animal health certificate provided by the competent authority of the Member State of origin;

  2. (ii)

    one of the following:

    • an official declaration of the competent authority or other public authority of the third country or territory, indicating the reason for the refusal and if applicable, confirming that the requirements of point (d) have been complied with,

      or

    • in the case of sealed consignments with an intact original seal, a declaration by the operator responsible for the consignment confirming that transport has taken place in accordance with point d(ii) and where required point d(iii);

  3. (iii)

    a declaration from the competent authority of the Member State of origin that it agrees to accept the consignment and indicating the place of destination for its return;

(d)

where they have been unloaded in the third country or territory or zone thereof, the competent authority of the third country or territory shall certify the following:

  1. (i)

    it authorised and supervised the unloading of the animals directly to facilities suitable for their isolation and temporary handling within the premises of the border control post of the third country or territory;

  2. (ii)

    effective measures were put in place to avoid direct and indirect contact between the animals of the consignment and any other animals;

  3. (iii)

    where necessary, effective protection from vectors of relevant animal diseases were provided for.

2.

The transport to and arrival at the place of the destination of the consignment shall be monitored in accordance with Article 2 and 3 of Delegated Regulation (EU) 2019/1666.