Commission Delegated Regulation (EU) 2023/119 of 9 November 2022 amending Delegated Regulation (EU) 2020/692 supplementing Regulation (EU) 2016/429 of the European Parliament and of 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 not intended for further processing in the Union, and wild aquatic animals and products of animal origin from those wild aquatic animals landed from fishing vessels intended for direct human consumption: (a) fish of listed species belonging to the superclass Agnatha and to the classes Chondrichthyes, Sarcopterygii and Actinopterygii; (b) aquatic molluscs of listed species belonging to the phylum Mollusca; (c) aquatic crustaceans of listed species belonging to the subphylum Crustacea; (d) aquatic animals of species listed in Annex XXIX to this Regulation which are susceptible to the aquatic diseases for which certain Member States have national measures which have been approved in accordance with Commission Implementing Decision (EU) 2021/260 .

‘3 Paragraph 1 shall not apply to movements for non-commercial purposes of dogs, cats and ferrets kept as pet animals in households into a Member State from a third country or territory where such non-commercial movements cannot be carried out in accordance with the conditions laid down in Article 245(2) or Article 246(1) and (2) of Regulation (EU) 2016/429.’

‘4 Paragraphs 1 and 2 shall not apply to movements for non-commercial purposes of dogs, cats and ferrets kept as pet animals in households into a Member State from a third country or territory where such non-commercial movements cannot be carried out in accordance with the conditions laid down in Article 245(2) or Article 246(1) and (2) of Regulation (EU) 2016/429’

‘5 By way of derogation from paragraph (1), point (b), based on the request of a third country or territory of origin to the Commission and subject to its agreement, the code of the exporting country referred to in paragraph (1), point (b), may be replaced by a different code in the format of two-letter code.’

‘3 Consignments of dogs, cats and ferrets sourced from an animal shelter shall only be permitted to enter the Union if such consignment have been dispatched from an animal shelter: (a) approved by the competent authority of the third country or territory in accordance with requirements at least as stringent as those laid down in Article 11 of Delegated Regulation (EU) 2019/2035; (b) which has a unique approval number assigned by the competent authority of the third country or territory; (c) listed for that purpose by the competent authority of the third country or territory of dispatch, including the information provided for in Article 21 of Delegated Regulation (EU) 2019/2035.’

1 Consignments of semen, oocytes and embryos of bovine, porcine, ovine, caprine and equine animals shall only be permitted to enter the Union if they were collected or produced from animals in third countries or territories, or zones thereof, which comply with the animal health requirements laid down in Article 22.

2 By way of derogation from paragraph 1 of this Article, in connection with the animal health requirement laid down in Article 22(4), point (a), consignments of semen, oocytes and embryos of bovine, porcine, ovine, and caprine animals may be permitted to enter the Union if they were collected or produced in third countries or territories where vaccination against foot and mouth disease has been carried out, provided that they were collected from animals in accordance with the animal health requirements laid down in Annex II, Part 5, Chapter I, point 3 or 4, to Delegated Regulation (EU) 2020/686.’

Consignments of semen, oocytes and embryos of animals other than those referred to in Article 1(4), point (a) and (b), intended for a confined establishment located in the Union may be permitted to enter the Union provided that: (a) an assessment has been carried out by the competent authority of the Member State of destination of the risks that the entry of those germinal products may present for the Union; (b) the donor animals of those germinal products originate from a third country or territory, or zone thereof, authorised for the entry into the Union of the particular species and category of animals either by Commission Implementing Regulation (EU) 2021/404 , or pursuant to Article 230(2) of Regulation (EU) 2016/429, by the Member State of destination, depending on the species in question; (c) the donor animals of those germinal products originate from an establishment in the third country or territory, or zone thereof of origin, which is included in a list established by the competent authority of the Member State of destination from which the entry of animals of specific species into the Union may be authorised; (d) the germinal products are destined to a confined establishment in the Union, which is approved in accordance with Article 95 of Regulation (EU) 2016/429; (e) the germinal products are transported directly to the confined establishment referred to in point (d).

Consignments of meat products shall only be permitted to enter the Union if they have been processed from fresh meat which originates from animals coming from an establishment, or, in the case of wild animals, from a place in and around which, in an area of a 10 km radius, including, where appropriate, the territory of a neighbouring country, none of the listed diseases, relevant for the species of origin of the meat products in accordance with the list set out in Annex I, has been reported during the period of 30 days prior to the date of slaughter or killing of the animals.’

Consignments of dairy products originating from a third country or territory, or zone thereof, which is listed for entry into the Union of raw milk shall be permitted to enter the Union without having undergone a specific risk-mitigating treatment provided for in Annex XXVII, if the dairy products of the consignment comply with following requirements: (a) the raw milk or dairy product therefrom, from which they were processed, were obtained from animals of the species Bos taurus, Ovis aries, Capra hircus, Bubalus bubalis and Camelus dromedarius; (b) the raw milk or dairy product therefrom, used for the processing of the dairy products complied with the relevant general animal health requirements for the entry into the Union of products of animal origin laid down in Articles 3 to 10 and the specific animal health requirements for the entry into the Union of raw milk laid down in Articles 153 and 154, and therefore was eligible for entry into the Union and it originates from one of the following: (i) a listed third country or territory, or zone thereof, where the dairy products were processed; (ii) a third country or territory, or zone thereof, other than a listed third country or territory, or zone thereof, where the dairy products were processed and which is authorised for entry into the Union of raw milk; or (iii) a Member State.’

1 By way of derogation from Article 3, point (c)(i), consignments of composite products that do not contain meat products, except gelatine and collagen, or colostrum-based products, and that have been treated to become shelf-stable at ambient temperature, shall be permitted to enter the Union accompanied by a declaration, as provided for in paragraph 2 of this Article, if they contain: (a) dairy products that comply with one of the following conditions: (i) they have not undergone a risk-mitigating treatment provided for in Annex XXVII, provided that the dairy products have been obtained either in the Union or in a third country or territory, or zone thereof, listed for the entry into the Union of dairy products without undergoing a specific risk-mitigating treatment, in accordance with Article 156, and the third country or territory, or zone thereof, where the composite product is produced, if different, is also listed for entry into the Union of those products without the requirement to apply a specific risk-mitigating treatment; (ii) they have undergone a risk-mitigating treatment provided for in column A or B of Annex XXVII, relevant for the species of origin of the milk, provided that they have been obtained either in the Union, or in a third country or territory, or zone thereof, listed for entry into the Union of dairy products without undergoing a specific risk-mitigating treatment, in accordance with Article 156, or of dairy products that have undergone a specific risk-mitigating treatment, in accordance with Article 157; and the third country or territory, or zone thereof, where the composite product is produced, if different, is also listed for entry into the Union of those products if they have undergone a specific risk-mitigating treatment; (iii) they have undergone a risk-mitigating treatment at least equivalent to those referred to in column B of Annex XXVII, regardless of the species of origin of the milk, if the dairy products do not comply with all the requirements provided for in (i) or (ii) of this point or they have been obtained either in the Union, or in a third country or territory, or zone thereof, which is not authorised for the entry into the Union of dairy products but is authorised for the entry into the Union of other products of animal origin in accordance with this Regulation; (b) egg products that have undergone a risk-mitigating treatment equivalent to those set out in Annex XXVIII.

2 The declaration referred to in paragraph 1 shall: (a) only accompany consignments of composite products where the final destination of the composite products is in the Union; (b) be issued by the operator responsible of the entry into the Union of the consignment of composite products, attesting that the composite products in the consignment comply with the requirements laid down in paragraph 1.

3 By way of derogation from of Article 3, point (a)(i), the composite products containing dairy products referred to in paragraph 1, point (a)(iii), of this Article, and the composite products containing egg products that have been treated to become shelf-stable at ambient temperature shall be permitted to enter the Union if they come from a third country or territory, or zone thereof which is not specifically listed for the entry into the Union of those products of animal origin but is listed for the entry into the Union of either: (a) meat products, dairy products or egg products; or (b) fishery products in accordance with Article 127 of Regulation (EU) 2017/625’

1 Consignments of ungulates, poultry, captive birds 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:’

1 Consignments of animals other than ungulates, poultry, captive birds 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 animals of the consignment are accompanied by the following documents:’

Delegated Regulation (EU) 2020/692 is corrected as follows: in Article 170(1), point (a)(iv), is replaced by the following: ‘(iv) diseases for which certain Member States have taken the national measures referred to in Article 175 of this Regulation, when a consignment contains relevant species listed in Annex XXIX hereto and it is destined for a Member State, zone or compartment which is listed in Annex I or II to Commission Implementing Decision (EU) 2021/260 ;

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