Animal health requirements for third countries: Amendments

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

Update

On 18 January 2023, the EU published a Regulation clarifying specific animal health requirements regarding aquatic animals and their products, germinal products, ungulates, horses, poultry/birds, meat and dairy products exported from non-EU countries to the EU.

Impacted Products

aquatic animals, crustacea, molluscs, germinal products, ungulates, horses, poultry, birds, meat, dairy

What is changing?

Regulation 2020/692 on Animal health requirements for countries exporting to the EU is amended to clarify or correct the requirements.

The following changes introduce flexibilities that may be useful to low- and middle-income countries exporting to the EU.

Livestock

• The residency period to establish the origin of sheep for export to the EU for rearing is decreased to 30 days (Annex X, 1).
• Third countries exporting ungulates (other than horses) to the EU can request a derogation enabling them to use a different code format for physical identification (Art. 21(1) (b)).
• Movement restrictions due to horse diseases can be lifted after a period of 30 days since the last animal was killed and destroyed or slaughtered and the premises were cleaned and disinfected (Annex VIII, 4).
• The definition of "vector-protected establishment" for equine animals regarding African horse sickness and Venezuelan equine encephalomyelitis (Art. 2) is aligned with the existing definition: "part or all facilities of an establishment that are protected against attacks from Culicoides by appropriate physical and management means, with a status of vector protected establishment being granted by the competent authority" (Regulation (EU) 2020/689, Art. 2(18)).
• The minimum criteria for granting the status of "vector-protected establishment" by the competent authority are given in Annex XI.

Meat

• Meat products can be exported to the EU only if they are obtained from fresh meat produced in an establishment free of diseases (listed in Annex I), 30 days prior to the date of slaughter (instead of the date of dispatch to the EU) (Art. 150).

Poultry

• The period for a country to be considered free of highly pathogenic avian influenza is reduced from 3 months to 30 days (Art. 38(2)).
• Under certain conditions, poultry meat can be exported to the EU even if it has passed through an unauthorised country or territory (Art. 124, (c)(i)).

Germinal products

• Under certain conditions, semen, oocytes and embryos of cattle, pigs, sheep, goat and horses from donors vaccinated against foot-and-mouth disease may be exported to the EU (Art. 79).
• Flexibility is granted to Member States to manage the animal health risks of germinal products entering the EU that are intended for confined establishments (Art. 117).

Dairy

• The regulation allows some dairy products to be exported to the EU that have not been subject to a risk-mitigating treatment (to remove diseases such as Foot and Mouth Disease- see Annex XXVII). Previously, only dairy products made from untreated raw milk were permitted for export to the EU under this provision. The Regulation has now extended this to include products made from other dairy sources not subject to risk-mitigating treatment (for example, cheese made from untreated milk powder) (Art. 156).
• For the production of shelf-stable composite products, treated dairy products from countries authorised to export raw milk to the EU can be used (Art. 163).

Aquatic animals

• Before export to the EU, clinical inspections can be carried out by authorised aquatic animal health professionals, instead of veterinarians (Art. 166).
• Certain live aquatic animals, packed and labelled in accordance with EU requirements, do not have to be dispatched directly from their place of origin to the EU destination (Art. 174(1)).
• Certain molluscs and crustacea do not require a declaration signed by the master of a vessel (Arts. 168, 172(d–f)).
• Wild aquatic animals, and products landed in the EU from fishing vessels for direct human consumption or not intended for further processing in the EU, are excluded from the scope of the Regulation (Art. 1(6)).

Why?

It was necessary to adopt a more practical approach in cases unlikely to impact on animal health risks, and to clarify and correct some inconsistencies.

Timeline

Date of publication: 18 January 2023

Date of entry into application: 7 February 2023

What are the major implications for exporting countries?

Certain flexibilities are granted that may be useful for exporting countries, in particular:

Livestock

• Shorter residency period in the establishment of origin for sheep to be exported to the EU for rearing.
• Indication of third country code on the individual identification mark for ungulates.
• Shorter period of movement restrictions due to horse diseases.

Poultry

• Reduced time frame for a third country to recover its status as free from highly pathogenic avian influenza.
• Transport of poultry allowed through a country not listed to export to the EU (even if certain conditions must be respected), which can enable shorter routes.

Germinal products

• More possibilities are granted regarding the donors of germinal products, and regarding germinal products for confined establishments.

Dairy

• More opportunities for dairy products exported to the EU.

Aquatic animals

• Clinical inspections prior to export can be done by health professionals other than veterinarians.
• More flexibilities for aquatic animals packed and labelled at place of origin in a third country or territory, on the way to a destination in the EU.
• No animal health requirements for wild aquatic animals, or for products landed in the EU from fishing vessels for direct human consumption or not intended for further processing in the EU.

Note

Specific attention should be paid to:

• The definition of "vector-protected establishment" and the national criteria for obtaining this status. For certain diseases, horses must be kept in isolation in these establishments for a set period before export to the EU.
• The start date for counting 30 disease-free days for establishments producing fresh meat used in processed products is now the date of slaughter (no longer the date of dispatch to the EU).

Recommended Actions

Countries exporting wild aquatic animals, live crustacea and molluscs, germinal products, horses, poultry, dairy products, ungulates or captive birds can benefit from flexibilities granted for these products.

Background

Regulation (EU) 2020/692 supplements the Animal Health Law (Regulation 2016/429) regarding the requirements for countries exporting animals and animal products to the EU. It aims to prevent importing animal diseases that may be passed on to animals or humans.

Resources

Sources