Commission Delegated Regulation (EU) 2021/1705 of 14 July 2021 amending Delegated Regulation (EU) 2020/692 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (Text with EEA relevance)

‘6 Part V lays down the animal health requirements for the entry into the Union, as well as the movement and handling after the entry, and derogations from those requirements for the following species of aquatic animals at all life stages as well as their products of animal origin, excluding products of animal origin other than live aquatic animals which are intended for direct human consumption and wild aquatic animals and products of animal origin from those wild aquatic animals landed from fishing vessels intended for direct human consumption:’;

‘8 Part VII lays down transitional and final provisions.’;

Following their entry into the Union, ungulates, except equine animals, shall remain in their establishment of destination for a period of at least 30 days from the date of their arrival in that establishment, unless they are moved for slaughter.’;

Consignments of captive birds shall only be permitted to enter the Union if the animals of the consignment comply with the following requirements: (a) they have not been vaccinated against highly pathogenic avian influenza; (b) where they have been vaccinated against infection with Newcastle disease virus, the competent authority of the third country or territory of origin has provided guarantees that the vaccines used comply with the general and specific criteria for vaccines against infection with Newcastle disease virus set out in point 1 of Annex XV; (c) they have been subjected to a virus detection test for highly pathogenic avian influenza and infection with Newcastle disease virus with negative results, within a period of 7 to 14 days prior to the date of loading for dispatch to the Union.’;

1 By way of derogation from requirements laid down in Articles 3 to 10, except point (a)(i) of Article 3, Articles 11 to 19 and Articles 53 to 61, consignments of captive birds which do not comply with those requirements shall be permitted to enter the Union if they originate from third countries or territories specifically listed for the entry into the Union of captive birds based on equivalent guarantees.

2 By way of derogation from the requirements laid down in Article 11 and Articles 54 to 58, consignments of racing pigeons which enter the Union from a third country or territory or zone thereof where they are normally kept, with the intention to be immediately released with the expectation that they will fly back to that third country or territory or zone thereof and which do not comply with those requirements, shall be permitted to enter the Union if they comply with the following requirements: (a) the Member State of destination has determined that the racing pigeons may enter into its territory from that third country or territory or zone thereof in accordance with Article 230(2) of Regulation (EU) 2016/429; (b) they come from a registered establishment, within a 10 km radius of which, including, where appropriate, the territory of any neighbouring country, there has been no outbreak of highly pathogenic avian influenza or infection with Newcastle disease virus for a period of at least the preceding 30 days prior to the date of loading for dispatch to the Union; (c) they have not been vaccinated against highly pathogenic avian influenza; (d) they have been vaccinated against infection with Newcastle disease virus and the competent authority of the third country or territory of origin has provided guarantees that the vaccines used comply with the general and specific criteria for vaccines against infection with Newcastle disease virus set out in point 1 of Annex XV; (e) they come from an establishment where vaccination against infection with Newcastle disease virus is carried out.

3 By way of derogation from the requirements laid down in Articles 59, 60 and 61, the competent authority of the Member State of entry into the Union may authorise the entry into the Union of racing pigeons which will not be transported directly to a quarantine establishment approved in accordance with Article 14 of Delegated Regulation (EU) 2019/2035 if they are: (a) racing pigeons which have entered into the Union from a third country or territory or zone thereof where they are normally kept in accordance with paragraph 2; (b) released immediately, under the control of the competent authority, with the expectation that they will fly back to the third country or territory of origin or zone thereof.’;

Consignments of semen, oocytes and embryos of bovine, porcine, ovine, caprine and equine animals shall only be permitted to enter the Union if those consignments were subjected to a visual examination and documentary check, carried out by an official veterinarian in the third country or territory of origin or zone thereof within the period of 72 hours prior to the time of dispatch to the Union as follows: (a) a visual examination of the transport container in order to verify compliance with the requirements laid down in Article 84; (b) a documentary check of the data submitted by the centre or team veterinarian to ensure that: (i) the information to be certified is supported by the records kept in accordance with: Article 8(1)(a) of Delegated Regulation (EU) 2020/686, and point (d) of Article 8 of this Regulation; (ii) the mark on the straws or other packages, applied in accordance with point (a) of Article 83, corresponds with the number provided in the animal health certificate and on the container in which they are transported; (iii) the animal health requirements referred to in Part III, Title 1, have been fulfilled.’;

Consignments of semen, oocytes and embryos of ovine and caprine animals shall only be permitted to enter the Union if they were collected from donor animals which come from an establishment that was free from infection with Brucella abortus, B. melitensis and B. suis and they were never previously in any establishment of a lower status.’;

Consignments of semen, oocytes and embryos referred to in Article 117 shall only be permitted to enter the Union if those consignments have been subjected to visual examination and documentary check, carried out by an official veterinarian in the third country or territory of origin or zone thereof within the period of 72 hours prior to the time of dispatch to the Union as follows: (a) a visual examination of the transport container in order to verify compliance with the requirements laid down in Article 119; (b) a documentary check of the data submitted by the establishment veterinarian responsible for the activities carried out at the confined establishment to ensure that: (i) the information to be certified is supported by the records kept at the confined establishment; (ii) the mark on the straws or other packages, applied in accordance with point (a) of Article 119, corresponds with the number provided in the animal health certificate and on the container in which they are transported; (iii) the animal health requirements referred to in Title 3 of Part III have been fulfilled.’;

1 Semen collection centres, semen storage centres, embryo collection teams and embryo production teams which have been approved prior to 21 April 2021 in accordance with Council Directives 88/407/EEC , 89/556/EEC , 90/429/EEC and 92/65/EEC referred to in the 6th, 7th, 8th and 12th indents of Article 270(2) of Regulation (EU) 2016/429 shall be deemed to be approved germinal product establishments as referred to in Article 82(1) of this Regulation. In all other respects, they shall be subject to the rules provided for in Article 82(2) of this Regulation, and in Article 233 of Regulation (EU) 2016/429.

2 Consignments of semen, oocytes and embryos collected, produced, processed and stored prior to 21 April 2021 shall be allowed to enter into the Union, provided they fulfil, as regards the collection, production, processing and storage of germinal products, animal health requirements of donor animals and laboratory and other tests carried out on donor animals and germinal products, the requirements laid down in Directives 88/407/EEC, 89/556/EEC, 90/429/EEC and 92/65/EEC respectively to the species of donor animals.

3 Straws and other packages in which semen, oocytes or embryos, whether or not separated into individual doses, are placed, stored and transported, marked prior to 21 April 2021 in accordance with Directives 88/407/EEC, 89/556/EEC, 90/429/EEC and 92/65/EEC respectively to the species of donor animals, shall be considered to have been marked in accordance with point (a) of Article 83 of this Regulation.

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.