Dyrehelseforordningen: gjennomføringsbestemmelser om virksomheter som holder landdyr og som innsamler, produserer, fremstiller eller lagrer formeringsmateriale

Tittel

Kommisjonens gjennomføringsforordning (EU) 2022/1345 av 1. august 2022 om fastsettelse av regler for anvendelse av europaparlaments- og rådsforordning (EU) 2016/429 med hensyn til registrering og godkjenning av virksomheter som holder landdyr og som innsamler, produserer, fremstiller eller lagrer formeringsmateriale

Commission Implementing Regulation (EU) 2022/1345 of 1 August 2022 laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council with regard to registration and approval of establishments keeping terrestrial animals and collecting, producing, processing or storing germinal products

Siste nytt

Kommisjonsforordning publisert i EU-tidende 2.8.2022

Nærmere omtale

BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)

(1) Regulation (EU) 2016/429 lays down rules for animal diseases that are transmissible to animals or humans, including rules on the registration and approval by the competent authority of establishments keeping terrestrial animals and collecting, producing, processing or storing germinal products.

(2) Commission Delegated Regulation (EU) 2019/2035 supplements Regulation (EU) 2016/429 by laying down detailed rules concerning the registers to be kept by the competent authority of registered and approved establishments keeping terrestrial animals and collecting, producing, processing or storing germinal products registered with it or approved by it.

(3) More particularly, Article 18, point (d), of Delegated Regulation (EU) 2019/2035 provides that the competent authority is to include in its register of establishments of kept terrestrial animals and of hatcheries registered with it the address and geographical coordinates (latitude and longitude) of the location of the establishment. Furthermore, Article 18, point (h), of Delegated Regulation (EU) 2019/2035 provides that the competent authority is to include in that register information about the period during which animals or hatching eggs are kept on the establishment if it is not continuously occupied, including seasonal occupation or occupation during particular events. While Article 84(1), point (b), of Regulation (EU) 2016/429 provides that operators of establishments keeping terrestrial animals or collecting, producing, processing or storing germinal products are to provide the competent authority with certain information in order for their establishments to be registered, that information does not include all the detailed information required under Article 18, points (d) and (h), of Delegated Regulation (EU) 2019/2035. It is therefore appropriate to lay down a requirement for the operators of establishments of kept terrestrial animals and of hatcheries to provide such detailed information to the competent authority for the purpose of registration.

(4) Similarly, Article 21, points (d) and (h), of Delegated Regulation (EU) 2019/2035 also provide that the competent authority is to include in its register of establishments approved by it the same detailed information required by Article 18, points (d) and (h), of that Delegated Regulation. While Article 96(1) of Regulation (EU) 2016/429 requires operators to provide the competent authority with certain information for the purposes of their application for approval of their establishment, that information does not include all the detailed information required under Article 21, points (d) and (h), of Delegated Regulation (EU) 2019/2035. It is therefore appropriate to lay down a requirement for the operators of establishments of kept terrestrial animals and of hatcheries to provide such detailed information to the competent authority for the purpose of approval.

(5) In addition, Article 85 of Regulation (EU) 2016/429 provides that Member States may, by way of derogation from Article 84(1) of that Regulation, exempt from the registration requirement certain categories of establishments posing an insignificant risk to animal or public health. Such exemptions may only be granted if those categories of establishments are of a type falling under the rules laid down in an implementing act adopted in accordance with Article 86(2) of that Regulation. Rules concerning the types of establishments posing an insignificant risk that may be exempted by the Member States from the registration requirement in accordance with Article 85 should therefore be laid down.

(6) Certain establishments, in particular those keeping ungulates cannot be considered as posing an insignificant risk, as referred to in Article 85 of of Regulation (EU) 2016/429, due to a number of listed diseases that may be transmited by ungulates and which may affect the animal health status of establishments or zones in that respect. Similarly, dogs, cats and ferrets kept on an establishment for breeding purposes cannot be considered as posing an insignificant risk, especially from a human health perspective.

(7) The movement of animals, germinal products and products of animal origin constitutes an important risk factor for animal and human health. Establishments where movements take place, involving in particular movements to or from other Member States or third countries, should therefore not be considered as posing an insignificant risk. However, establishments where animals, germinal products or products of animal origin are kept with a certain continuity and the primary purpose is not the movement of those animals, germinal products or products of animal origin to or out of the establishment, can be considered as posing an insignificant risk, even if such movements could occur on an occasional basis.

(8) Operators often keep terrestrial animals of several species on the same establishment. If a Member State exempts from the registration requirement certain categories of establishments posing an insignificant risk, as provided for in Article 85 of Regulation (EU) 2016/429, it is not proportionate to the risk involved to require operators to provide the information referred to in Article 84(1), point (b)(iii), regarding kept terrestrial animals for which the establishment could be exempted from the registration requirement in accordance with Article 3 of this Regulation as if those animals were the only animals kept on that establishment.

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

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