Commission Implementing Regulation (EU) 2021/403 of 18 March 2021 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates and model animal health/official certificates, for the entry into the Union and movements between Member States of consignments of certain categories of terrestrial animals and germinal products thereof, official certification regarding such certificates and repealing Decision 2010/470/EU (Text with EEA relevance)

This Regulation lays down rules regarding animal health certificates provided for in Regulation (EU) 2016/429 and animal health/ official certificates based on Regulation (EU) 2016/429 and on Regulation (EU) 2017/625 and as regards the issuance and replacement of those certificates required for the entry into the Union⁽¹⁾, movements within the Union and between Member States of certain consignments of terrestrial animals and germinal products thereof (hereinafter together referred to as ‘the certificates’).

This Regulation establishes model certificates, in the form of animal health certificates or animal health/official certificates:

1. for movements between Member States of consignments of certain categories of terrestrial animals and germinal products thereof (Annex I); and

2. for the entry into the Union of consignments of certain categories of terrestrial animals and germinal products thereof (Annex II).

This Regulation establishes model declarations accompanying animal health certificates or animal health/official certificates for the movements within the Union and for the entry into the Union of certain categories of terrestrial animals (Annex III).

Certificates for movements between Member States of consignments of terrestrial animals and germinal products thereof, set out in Annex I to this Regulation, shall be duly completed and signed by an official veterinarian in accordance with the explanatory notes provided for in Chapter 2 of Annex I to Implementing Regulation (EU) 2020/2235.

Certificates for the entry into the Union of consignments of terrestrial animals and germinal products thereof, set out in Annex II to this Regulation, shall be duly completed and signed by an official veterinarian in accordance with the explanatory notes provided for in Chapter 4 of Annex I to Implementing Regulation (EU) 2020/2235.

Operators responsible for consignments referred to in paragraphs 1 and 2 shall provide the competent authority with the information on the description of such consignments as described in Part I of the model certificates set out in Annexes I and II, respectively.

The official veterinarian shall complete certificates for consignments of terrestrial animals and germinal products in accordance with the following requirements:

1. the certificate shall bear the signature of the official veterinarian and the official stamp; the colour of the signature and the colour of the stamp, other than of an embossed or watermarked stamp, must be different to the colour of the printing;

2. where the certificate contains multiple or alternative statements, the statements which are not relevant must be crossed out, initialled and stamped by the official veterinarian, or completely removed from the certificate;

3. the certificate must consist of one of the following:

   1. a single sheet of paper;

   2. several sheets of paper where all sheets are indivisible and constitute an integrated whole;

   3. a sequence of pages with each page numbered so as to indicate that it is a particular page in a finite sequence;

4. where the certificate consists of a sequence of pages as referred to in point (c)(iii), of this paragraph, each page must bear the unique code referred to in Article 89(1)(a) of Regulation (EU) 2017/625, the signature of the official veterinarian and the official stamp;

5. in the case of certificates for movements of consignments between Member States, the certificate must accompany the consignment until it reaches the place of destination in the Union;

6. in the case of certificates for the entry into the Union of consignments, the certificate must be presented to the competent authority of the border control post of entry into the Union where the consignment is subjected to official controls;

7. the certificate must be issued before the consignment to which it relates leaves the control of the competent authority issuing the certificate;

8. in the case of certificates for the entry into the Union, the certificate must be drawn up in the official language, or in one of the official languages, of the Member State of the border control post of entry into the Union.

By way of derogation to point (h) of paragraph 1 a Member State may consent to certificates being drawn up in another official language of the Union and accompanied, if necessary, by an authenticated translation.

Points (a) to (e) of paragraph 1 do not apply to electronic certificates issued in accordance with the requirements of Article 39(1) of Implementing Regulation (EU) 2019/1715.

Points (b), (c) and (d) of paragraph 1 shall not apply to certificates issued in paper and completed in, and printed from, TRACES.

Competent authorities shall only issue replacement certificates for consignments of terrestrial animals and germinal products in the case of administrative errors in the initial certificate or where the initial certificate has been damaged or lost.

In the replacement certificate, the competent authority shall not modify information in the initial certificate concerning the identification of the consignment, its traceability and the guarantees provided for in the initial certificate for the consignment.

In the replacement certificate the competent authority shall:

1. make clear reference to the unique code referred to in Article 89(1)(a) of Regulation (EU) 2017/625 and the date of issue of the initial certificate, and clearly state that it replaces the initial certificate;

2. indicate a new certificate number different to that of the initial certificate;

3. indicate the date when it was issued, as opposed to the date of issue of the initial certificate;

4. produce an original document issued in paper, except in the case of electronic replacement certificates submitted in TRACES.

In the case of entry into the Union of consignments, the competent authority of the border control post of entry into the Union may refrain from requesting the operator responsible for the consignment to provide a replacement certificate when information concerning the consignee, the importer, the border control post of entry into the Union or the means of transport changes after the certificate has been issued and such new information is provided by the operator responsible for the consignment.