(fra kommisjonsforordningen)

(1) Commission Delegated Regulation (EU) 2020/6922 supplements the animal health rules laid down in Regulation (EU) 2016/429 as regards the entry into the Union and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin. 

(2) Article 1(1) of Delegated Regulation (EU) 2020/692 describes the subject matter and scope of that Delegated Regulation, and it refers to rules, inter alia, on the entry into the Union of consignments of products of animal origin, and the movement and handling of such consignments after their entry. Gelatine and collagen as defined in Annex I, points 7.7 and 7.8, to Regulation (EC) No 853/2004 of the European Parliament and of the Council3 are due to their production process considered to be products of animal origin which do not represent a risk as regards transmissible animal diseases falling within the scope of Regulation (EU) 2016/429. In addition, highly refined products of animal origin listed in Section XVI of Annex III to Regulation (EC) No 853/2004 are products of animal origin for which, evidence has been provided that the treatment of the raw materials used for their manufacturing eliminates any risk to animal or public health. It is therefore appropriate to exclude gelatine, collagen and highly refined products of animal origin from the scope of Delegated Regulation (EU) 2020/692. Article 1(1) of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. 

(3) In addition, Article 1(3), point (b), of Delegated Regulation (EU) 2020/692 exempts captive birds imported for conservation programmes approved by the competent authority of the Member State of destination from the application of the specific animal health requirements for the entry into the Union of poultry and captive birds. In order to ensure the correct application of this exclusion, that exemption should instead be provided for as a derogation in Article 62 of Delegated Regulation (EU) 2020/692 which lays down derogations from the animal health requirements for the entry into the Union of captive birds subject to procedural and substantive conditions. Furthermore, the competent authority of the Member State of entry should be permitted to authorise the entry not only of captive birds but also of their hatching eggs for conservation programmes accepted by the competent authority of the Member State of destination. Articles 1 and 62 of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. 

(4) Article 10(3) of Delegated Regulation (EU) 2020/692 lays down requirements concerning the application of specific conditions related to the disease freedom from particular diseases of the third country or territory of origin, or zone thereof. In order to clarify the applicability of specific conditions that are not limited to the disease freedom, it is appropriate to include additional provisions concerning the applicability of further specific conditions or animal health guarantees set out in accordance with Regulation (EU) 2016/429 in a new Article 10a of Delegated Regulation (EU) 2020/692. 

(5) Articles 21, 43 and 53 of Delegated Regulation (EU) 2020/692 lay down requirements for the identification of ungulates, ratites and captive birds respectively. In order to ensure the conformity of these provisions with the relevant ISO standards, Articles 21, 43 and 53 of Delegated Regulation (EU) 2020/692 should therefore be amended. 

(6) Article 24 of Delegated Regulation (EU) 2020/692 lays down requirements for ungulates that are part of a consignment intended for entry into the Union. In accordance with paragraph 6 of that Article, consignments of equine animals are to comply with the specific conditions set out in Annex XI, point 2, depending on the sanitary group, as determined in accordance with Annex XI, point 1, to which the third country or territory, or zone thereof has been assigned in the list. In order to prevent the spread of relevant equine diseases from third countries or territories, or zones thereof to the territory of the Union, it is also necessary to apply those specific conditions to a third country or territory, or zone thereof where a disease referred to in Annex XI, points 2.1 to 2.5, has been reported during the period indicated in Annex IV, point 2 or 3. Therefore, Article 24(6) of Delegated Regulation (EU) 2020/692 should be amended accordingly. However, when a disease referred to in Annex XI, points 2.1 to 2.5, has never been reported in the third country or territory, or zone thereof, or has been absent during the period indicated in Annex IV, point 2 or 3, the animals of the consignment should be exempted from the specific conditions set out in Annex XI, point 2, and consignments of equine animals should be permitted to enter the Union. Therefore, a new paragraph 7 should be added to Article 24 of that Delegated Regulation to provide for that possibility. Article 24 of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. 

(7) Articles 148 and 149 of Delegated Regulation (EU) 2020/692 lay down requirements for the entry into the Union of consignments of meat products. In addition, Part B of Annex XXV to that Delegated Regulation lays down specific conditions for the entry into the Union of fresh meat originating from a third country or territory, or zone thereof, where vaccination against foot and mouth disease has been carried out. In order to ensure appropriate risk mitigation, those specific conditions should be reflected respectively in Article 148, point (b), and Article 149(1), point (b), of Delegated Regulation (EU) 2020/692 as regards the possibilities for sourcing fresh meat for the processing of meat products intended for entry into the Union. Articles 148 and 149 of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. 

(8) Article 155 of Delegated Regulation (EU) 2020/692 lays down treatment requirements for dairy products entering into the Union from third countries. Article 121 of Delegated Regulation (EU) 2020/692 lays down treatment requirements for the entry into the Union of consignments of products of animal origin, other than fresh or raw, including dairy products. For the sake of consistency, Article 155 of Delegated Regulation (EU) 2020/692 should be amended so that it refers to Article 121. Article 155 of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. 

(9) Article 157 of Delegated Regulation (EU) 2020/692 lays down requirements for the entry into the Union of consignments of dairy products subject to a risk-mitigating treatment and processed from milk. These requirements should be altered so as to allow the entry into the Union of consignments of dairy products subject to a risk-mitigating treatment processed from raw milk or dairy products therefrom. Article 157 of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. 

(10) Article 160 of Delegated Regulation (EU) 2020/692 lays down specific animal health requirements for the entry into the Union of consignments of egg products. These requirements should be altered so as to allow, under certain conditions, the entry into the Union of consignments of egg products originating from a third country or territory, or zone thereof listed for the entry into the Union of egg products. Article 160 of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. 

(11) Article 162 of Delegated Regulation (EU) 2020/692 lays down requirements for the entry into the Union of consignments of composite products containing processed products of animal origin. Article 162(2), point (a)(ii), of Delegated Regulation (EU) 2020/692 should be amended to include a reference to Title 1 of Part IV of that Delegated Regulation indicating, inter alia, where the risk-mitigating treatment, specifically assigned by the Union in the list, to the third country or territory, or zone thereof and the species of the processed product of animal origin, shall be applied. In addition, for the sake of consistency, in Article 162(2), point (b)(ii), of Delegated Regulation, the reference to the Union should be replaced by a reference to a Member State. Article 162 of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. 

(12) Article 163 of Delegated Regulation (EU) 2020/692 lays down specific requirements for entry into the Union of consignments of composite products containing dairy products or egg products, or both which have been treated to become shelf-stable at ambient temperature. That Article should lay down more detailed requirements as regards the origin of the dairy products used for the production of shelf-stable composite products, and where the required risk-mitigation treatment should be applied. In addition, Article 163 of Delegated Regulation (EU) 2020/692 should be aligned to the public health requirements for the entry into the Union of composite products laid down in particular, in Annex III, Section XVI, to Regulation (EC) No 853/2004, and in Article 2, point (9), Article 20(1) and Article 22(1), point (a), of Commission Delegated Regulation (EU) 2022/2292 as regards the application of risk-mitigating treatment and the documentation to accompany consignments of composite products containing dairy products or egg products, or both which have been treated to become shelf-stable at ambient temperature at entry into the Union. Article 163 of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. 

(13) Article 22(4), point (b), Delegated Regulation (EU) 2020/692 provides that, consignments of equine animals, shall only be permitted to enter the Union if the animals of the consignment originate from a third country or territory or zone thereof where vaccination against the category A diseases referred to in Part C of Annex IV has not been carried out in accordance with the details set out in that Annex, Part C, point 2. In order to ensure appropriate risk mitigation measures and effective surveillance for African horse sickness and to avoid possible misunderstanding, the reference to systematic vaccination should be deleted from Annex IV, Part C, point 2. Therefore, Annex IV, Part C, point 2, to Delegated Regulation (EU) 2020/692 should be amended accordingly. 

(14) In accordance with Articles 37(c), point (i), 105(c), point (i) and 141(c), point (i) of Delegated Regulation (EU) 2020/692 the competent authority of the third country or territory of origin where vaccination against highly pathogenic avian influenza is carried out, is to provide guarantees that the vaccination programme complies with the requirements set out in Annex XIII to that Delegated Regulation. The minimum information to be included in those vaccination programmes should be aligned with Annex III to Commission Delegated Regulation (EU) 2023/361. Annex XIII to Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. 

(15) Annexes XXVII and XXVIII to Delegated Regulation (EU) 2020/692 set out respectively the lists of risk-mitigating treatments for milk and dairy products and for egg products. At the Commission’s request, the European Food Safety Authority (EFSA) assessed certain risk-mitigating treatments for products of animal origin, including for milk and dairy products and for egg products, and the EFSA’s conclusions on the effectiveness of those risk-mitigation treatments have been published in a scientific opinion on the ‘Assessment of the control measures of the Category A diseases of the Animal Health Law: prohibitions in restricted zones and risk-mitigating treatments for products of animal origin and other materials’. Annexes XXVII and XXVIII to Delegated Regulation (EU) 2020/692 should be updated to take account of the effective risk-mitigating treatments recommended in that EFSA opinion and current international standards. Annexes XXVII and XXVIII to Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. 

(16) Annex XXIX to Delegated Regulation (EU) 2020/692 sets out the list of species susceptible to diseases for which Member States have national measures in accordance with Article 226 of Regulation (EU) 2016/429. Recent EFSA opinions concerning bacterial kidney disease, infection with Gyrodactylus salaris, infectious pancreatic necrosis, infection with salmonid alphavirus, and spring viraemia of carp have updated the lists of species of aquatic animals which are susceptible to those diseases. Annex XXIX to Delegated Regulation (EU) 2020/692 should, therefore, be amended to take those EFSA opinions into account. 

(17) Annex XXX to Delegated Regulation (EU) 2020/692 sets out the conditions under which certain species are regarded as vectors for listed diseases of aquatic animals. For infection with Mikrocytos mackini, Annex XXX does not list any vector species. A recent EFSA opinion on ‘Species which may act as vectors or reservoirs of diseases covered by the Animal Health Law: Listed pathogens of molluscs’ has identified Crassostrea virginica as a vector for infection with Mikrocytos mackini. Annex XXX to Delegated Regulation (EU) 2020/692 should, therefore, be amended to take that EFSA opinion into account. 

(18) Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. 

(19) In addition, Article 12 of Delegated Regulation (EU) 2020/692 provides for derogations regarding the residency period for certain equine animals. The current title of that Article incorrectly refers to derogations only for registered horses for competition, races and cultural events. The title of Article 12 of Delegated Regulation (EU) 2020/692 should therefore be corrected to reflect its content accurately. 

(20) Article 31(1) of Delegated Regulation (EU) 2020/692 provides for a derogation from, among other things, the requirement of listing of the third country or territory of origin of ungulates laid down in Article 3, point (a)(i), of Delegated Regulation (EU) 2020/692. It is necessary to correct Article 31(1) of Delegated Regulation (EU) 2020/692 to ensure it accurately refers to Article 3, point (a)(i), of that Regulation. Article 31 to Delegated Regulation (EU) 2020/692 should therefore be corrected accordingly. 

(21) Part B of Annex IV to Delegated Regulation (EU) 2020/692 sets out the specific conditions to be provided by the competent authority of the third country or territory where the third country or territory, or zone thereof has been free from certain diseases for less than the period set out in the table in Part A of that Annex. The erroneous reference to breeding equine animals should be deleted from the row for infection with Burkholderia mallei (Glanders) in the table in Part B of Annex IV to that Delegated Regulation as the surveillance programme carried out in the establishment of origin of equine animals to be dispatched to the Union should cover all susceptible animals. Annex IV to Delegated Regulation (EU) 2020/692 should therefore be corrected accordingly. 

(22) Delegated Regulation (EU) 2020/692 should therefore be corrected accordingly,