BAKGRUNN (fra kommisjonsforordningen)

(1) Commission Implementing Regulation (EU) 2020/2235 (4) lays down rules regarding model certificates for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods. In particular, Annexes III and IV to Implementing Regulation (EU) 2020/2235 lay down model certificates for the entry into the Union of consignments of certain products of animal origin and certain composite products for human consumption and for certain movements of animals in the case of ante-mortem inspection at the holding of provenance or in the case of emergency slaughter outside the slaughterhouse.

(2) Article 19 of Implementing Regulation (EU) 2020/2235 provides that the official certificate to be used for the entry into the Union of gelatine intended for human consumption is to correspond to the model set out in Chapter 41 of Annex III to that Implementing Regulation. Article 21(3) of Commission Delegated Regulation (EU) 2022/2292 (5) establishes that no official certificate is necessary for the entry into the Union of certain gelatine capsules, where they are not derived from ruminant bones. It is therefore necessary to amend Article 19 of Implementing Regulation (EU) 2020/2235 and the title of the corresponding model in Annex III to Implementing Regulation (EU) 2020/2235 accordingly.

(3) Commission Implementing Regulation (EU) 2022/2504 (6) amended the title of the model official certificate for the entry into the Union of highly refined products intended for human consumption set out in Chapter 46 of Annex III to Implementing Regulation (EU) 2020/2235. That new title should also be reflected in Article 24 of Implementing Regulation (EU) 2020/2235. It is therefore necessary to amend that Article accordingly.

(4) Chapter C of Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council (7) requires the presentation of an animal health certificate at the entry into the Union of consignments of gelatine or collagen derived from bovine, ovine or caprine products other than hides and skins. This requirement applies to gelatine or collagen present in composite products, such as gelatine capsules, where the gelatine or collagen is derived from ruminant bones. However, Article 28 of Implementing Regulation (EU) 2020/2235 and the model animal health/official certificate for the entry of certain composite products (model COMP) in Chapter 50 of Annex III to Implementing Regulation (EU) 2020/2235 exclude from certification composite products containing gelatine or collagen. This creates ambiguity regarding certification requirements and the model certificate to be used for the entry of consignments of composite products containing gelatine or collagen. Article 28 of Implementing Regulation (EU) 2020/2235 and the model COMP in Chapter 50 of Annex III to that Implementing Regulation should therefore be amended in order to require the use of that model certificate for the entry of composite products containing gelatine or collagen, where the gelatine or collagen is derived from ruminant bones.

(5) Transit through the Union represents a lower risk than entry into the Union. Article 30 of Implementing Regulation (EU) 2020/2235, and the title of Chapter 52 of Annex III to that Implementing Regulation should be amended to avoid that stricter rules apply to transit of certain composite products than to entry into the Union by introducing the same exclusions.

(6) Articles 4, 5 and 6 of Commission Delegated Regulation (EU) 2019/624 (8) refer to the model health certificates for live animals transported to the slaughterhouse in the case of ante-mortem inspection at the holding of provenance, for poultry reared for the production of foie gras and delayed eviscerated poultry slaughtered at the holding of provenance, for domestic bovine and porcine animals, domestic solipeds and farmed game, slaughtered at the holding of provenance, and for emergency slaughter outside the slaughterhouse. Articles 31 and 32 of Implementing Regulation (EU) 2020/2235 refer to the same certificates as ‘model animal health certificates’. However, the model health certificates referred to in Articles 4, 5 and 6 of Delegated Regulation (EU) 2019/624 do not contain animal health certifications. Therefore, and for consistency of wording, Articles 31 and 32 of Implementing Regulation (EU) 2020/2235 and Annex IV to that Implementing Regulation should be amended accordingly.

(7) Article 6(2) of Delegated Regulation (EU) 2019/624 provides that a relevant certificate is to accompany the uneviscerated carcasses of poultry to the slaughterhouse or cutting plant or be sent in advance in any format. It is necessary to include the term ‘cutting plant’ in the model health certificate for poultry reared for the production of foie gras and delayed eviscerated poultry slaughtered at the holding of provenance set out in Chapter 2 of Annex IV to Implementing Regulation (EU) 2020/2235 to align that model health certificate with Article 6(2) of Delegated Regulation (EU) 2019/624.

(8) Commission Delegated Regulation (EU) 2024/1141 (9) amended Section I, Chapter VIa, of Annex III to Regulation (EC) No 853/2004 allowing slaughter at the holding of provenance of ovine and caprine animals under certain conditions. Therefore, it is necessary to reflect that amendment in Article 31 of Implementing Regulation (EU) 2020/2235 and in the model health certificate for farmed game, domestic bovine, porcine and equine animals slaughtered at the holding of provenance set out in Chapter 3 of Annex IV to Implementing Regulation (EU) 2020/2235.

(9) Delegated Regulation (EU) 2024/1141 amended Section III, point 3, of Annex III to Regulation (EC) No 853/2004 authorising game-handling establishments to receive and handle farmed ratites and farmed ungulates when having appropriate facilities to hygienically handle farmed game slaughtered on the farm. Therefore, it is necessary to reflect that possibility in the model health certificates for farmed game, domestic bovine, porcine and equine animals slaughtered at the holding of provenance set out in Chapters 3 and 4 of Annex IV to Implementing Regulation (EU) 2020/2235.

(10) The verification of food chain information referred to in Section III of Annex II to Regulation (EC) No 853/2004 is part of an ante-mortem inspection defined in Article 17, point (c), of Regulation (EU) 2017/625. The certification of the verification of food chain information should therefore be included in the model health certificates set out in Annex IV to Implementing Regulation (EU) 2020/2235 in case of slaughter and ante-mortem inspection at the holding of provenance.

(11) Implementing Regulation (EU) 2020/2235 should therefore be amended accordingly.

(12) In order to avoid any disruption to trade as regards the entry into the Union of consignments of certain composite products intended for human consumption referred to in Article 28 of Implementing Regulation (EU) 2020/2235, the use of animal health/official certificates issued in accordance with Implementing Regulation (EU) 2020/2235, as applicable prior to the amendments made by this Regulation, should continue to be authorised during a transitional period subject to certain conditions.

(13) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,