Commission Delegated Regulation (EU) 2023/118 of 23 September 2022 amending Delegated Regulation (EU) 2020/688 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council, as regards animal health requirements for movements within the Union of captive birds intended for exhibitions (Text with EEA relevance)

1 Operators shall only move captive birds to an exhibition in another Member State when those animals fulfil the conditions set out in Article 59.

2 Before the movement to an exhibition in another Member State, the operators in a Member State may collect captive birds in a single registered establishment located in the same Member State under the following conditions: (a) the captive birds stay in that establishment for a maximum period of 12 hours; (b) at the time of collecting, the establishment only keeps captive birds intended to the relevant exhibition; (c) all captive birds collected in the establishment come directly from registered or approved establishments in which they are continuously kept and in which they fulfill the conditions set out in Article 59.

3 The operator of the exhibition, excluding any flight exhibitions, shall ensure that: (a) the entry into the exhibition of animals is limited to captive birds registered in advance for the participation in the exhibition; (b) the entry into the exhibition of birds originating from establishments situated in the Member State where the exhibition takes place does not jeopardise the health status of birds participating in the exhibition by either (i) requiring the same health status for all captive birds participating in the exhibition; or (ii) keeping the captive birds originating from the Member State where the exhibition takes place on separate premises or enclosures apart from captive birds originating from other Member States; (c) a veterinarian (i) carries out identity checks on captive birds participating in the exhibition prior to their entry in the exhibition; (ii) monitors the clinical conditions of the birds upon entry into and during the exhibition.

4 Operators shall ensure that captive birds which are moved to an exhibition in accordance with paragraphs 1, 2 and 3, are only moved from such exhibition to another Member State when they fulfil the following requirements: (a) the animals are accompanied by an animal health certificate in accordance with Article 81; or (b) in the case of captive birds other than those participating to flight exhibitions, the animals are accompanied by all of the following documents: (i) a declaration issued by the veterinarian referred to in paragraph 3, point (c), stating that the health status of the birds as attested in the original animal health certificate in accordance with Article 81 has not been compromised during the exhibition, (ii) the valid original animal health certificate in accordance with Article 81 issued by the competent authority of the Member State of origin for the movement of the captive birds to the exhibition; (c) in the case of birds that participated in a flight exhibition, the animals are accompanied by the valid original animal health certificate in accordance with Article 81 issued by the competent authority of the Member State of origin for the movement of the birds to the flight exhibition, without the attestation described in point (b) (i), provided that: (i) they are moved back to the Member State of origin, and (ii) the intended movement of the captive birds to the Member State of origin will be completed within the period of validity of the original animal health certificate in accordance with Article 81 issued by the competent authority of the Member State of origin for the movement of the captive birds to the flight exhibition.

5 The veterinarian referred to in paragraph 3, point (c), shall only issue the declaration referred to in paragraph 4, point (b)(i) provided that: (a) the animals are moved back to the Member State of origin, (b) arrangements have been made that the intended movement of the captive birds to the Member State of origin will be completed within the period of validity of the original animal health certificate in accordance with Article 81 issued by the competent authority of the Member State of origin for the movement of the captive birds to the exhibition, (c) the conditions set out in paragraph 3, point (b) have been fulfilled.’

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