Commission Delegated Regulation (EU) 2021/1933 of 14 July 2021 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to rules for non-commercial movements of pet birds into a Member State from a territory or a third country (Text with EEA relevance)

• CELEX: Delegated Regulation (EU) 2021/1933
• Articles: 8

Article 1 Subject matter and scope

1.   This Regulation lays down the animal health requirements for non-commercial movements of pet animals of the avian species, as referred to in Part B of Annex I to Regulation (EU) No 576/2013, into a Member State from a territory or third country (pet birds).

2.   This Regulation shall not apply:

(a)

where the total number of pet birds during a single movement exceeds five;

(b)

to movements of pet birds coming from Andorra, Faeroes, Gibraltar, Greenland, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican City State.

Article 2 Maximum number of pet birds in a non-commercial movement

The maximum number of pet birds which may accompany their owner or an authorised person, during a single non-commercial movement into a Member State from a territory or third country, shall not exceed five.

Article 3 Marking of pet birds

1.   Pet birds shall only be permitted to enter into a Member State from a territory or third country if they have been marked in the territory or third country of dispatch with a permanent, non-removable, legible individual marking displaying an alpha-numeric code.

2.   Where the pet birds are moved in accordance with the conditions laid down in Article 4(1), point (b)(i), (ii) or (iii), the marking provided for in paragraph 1 of this Article must have been applied to them prior to their isolation, testing or vaccination against avian influenza of the H5 and H7 subtypes.

3.   By way of derogation from paragraph 1, a description of the pet birds shall be sufficient, provided the pet birds comply with the following requirements:

(a)

they are moved under the conditions laid down in Article 6;

(b)

they were placed in a container sealed by the competent authority of the territory or third country of dispatch prior to their dispatch to the Union and they remain in that sealed container during the quarantine referred to in Article 6(1), point (a).

Article 4 Preventive health measures for non-commercial movements of pet birds into a Member State from a territory or third country

1.   Pet birds shall only be moved into a Member State from a territory or a third country if they comply with the following requirements:

(a)

the territory or third country of dispatch is a member of the World Organisation for Animal Health (OIE);

(b)

the pet birds fulfil one of the following sets of conditions:

(i)

they originate from a third country or territory listed in the first column of the table set out in Part 1 of Annex V, Annex XIV or Annex XIX to Implementing Regulation (EU) 2021/404, where they must have undergone isolation under official supervision for a period of at least 30 days prior to the date of dispatch from the territory or third country; or

(ii)

within the period of six months prior to the date of dispatch to the Union and not later than 60 days prior to the date of dispatch to the Union, they received a complete primary course of vaccination, and where applicable were revaccinated, in accordance with manufacturers’ instructions with a licensed vaccine against avian influenza of the H5 and H7 subtypes, which must not have been a live–attenuated vaccine, and it must have been administered by an authorised veterinarian or an official veterinarian of the territory or third country of dispatch; or

(iii)

in the territory or third country of dispatch, they were:

—

kept in isolation under the supervision of an authorised veterinarian or an official veterinarian for a period of at least 14 days prior to the date of dispatch to the Union,

and

—

subjected to an avian influenza H5 and H7 antigen or genome detection test carried out with negative results on a sample taken by an authorised veterinarian or an official veterinarian not earlier than the seventh day of isolation;

(c)

the pet birds were subjected within a period of 48 hours of or on the last working day prior to the date of dispatch from the territory or third country to a clinical inspection by an authorised veterinarian or an official veterinarian of the territory or third country of dispatch and were found to be free of any obvious signs of disease;

(d)

during the period between the clinical inspection referred to in point (c) and the departure from the territory or third country of dispatch, the pet birds have not been in contact with any other birds.

2.   The tests required to be performed and vaccines required to be administered in accordance with paragraph 1(b)(ii) and (iii) of this Article shall meet the requirements of Chapter 3.3.4 in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals , 8 th Edition, 2018, of the World Organisation for Animal Health (OIE).

Article 5 Movements of pet birds after arrival in the Union

Owners or authorised persons shall only move pet birds which have entered the Union from a territory or a third country directly from the travellers point of entry to a household or another residence within the Union, where the pet birds shall be kept under official control for a period of at least 30 days following the date of their entry into the Union, and during this period these pet birds shall not be entered in shows, fairs, exhibitions or other gatherings of birds.

Article 6 Derogation from the requirements of Article 4(1), point (b) and Article 5

1.   By way of derogation from the requirements of Article 4(1), point (b) and Article 5, pet birds which do not comply with the conditions laid down in Article 4(1), point (b) shall only be moved into a Member State from a territory or third country if they comply with the following conditions:

(a)

they are destined for a quarantine establishment approved in accordance with Article 14 of Delegated Regulation (EU) 2019/2035 in the Member State of destination, where they shall undergo quarantine for a period of at least 30 days immediately after their arrival in the Union;

(b)

the owner or authorised person shall move the pet birds directly from the travellers point of entry into the Union to the approved quarantine establishment referred to in point (a);

(c)

the birds are released from quarantine only on the written authorisation of an official veterinarian.

2.   The competent authority shall:

(a)

monitor the arrival of the pet birds to the approved quarantine establishment referred to in paragraph (1), point (a);

(b)

inspect the conditions of quarantine, including an examination of the mortality records and a clinical inspection of the birds, at least at the beginning and the end of quarantine period.

Article 7 Health certification

1.   Pet birds shall only be moved into the Union if they comply with the following requirements:

(a)

an official veterinarian of the territory or third country of dispatch has certified that the pet birds comply with the requirements laid down in this Regulation, in accordance with the veterinary certificate set out in the Annex to Implementing Regulation (EU) 2021/1938; or

(b)

an authorised veterinarian of the territory or third country has certified that the pet birds comply with the requirements laid down in this Regulation, in accordance with the veterinary certificate set out in the Annex to Implementing Regulation (EU) 2021/1938 and such certification has subsequently been endorsed by the competent authority of the territory or third country.

2.   Pet birds shall only be moved into the Union if the veterinary certificate referred to in paragraph 1 has been completed by the official veterinarian or authorised veterinarian in the territory or third country of dispatch on the basis of a written declaration by the owner or the authorised person forming part of that veterinary certificate, and on the basis of:

(a)

evidence provided by the owner or the authorised person that arrangements have been made for quarantine of the pet birds in a quarantine establishment approved in accordance with Article 14 of Delegated Regulation (EU) 2019/2035, in the case of pet birds that are to undergo quarantine in accordance with Article 6 of this Regulation; or

(b)

the permit granted by the Member State of destination, in the case of pet birds which have been granted a derogation in accordance with Article 32(1) of Regulation (EU) No 576/2013.

Article 8 Entry into force and applicability

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

It shall apply from 1 January 2022.