Derogation from the requirement on operators to apply to the competent authority for approval of certain types of establishments
Article 1
Open ↗Delegated Regulation (EU) 2019/2035 is amended as follows: 1. Article 4 is replaced by the following: ‘Article 4 Derogation from the requirement on operators to apply to the competent authority for approval of certain types of establishments By way of derogation from Article 94(1)(a), (c) and (d) of Regulation (EU) 2016/429, operators of the following types of establishments shall not be required to apply to the competent authority for approval of their establishments in accordance with Article 96(1) of that Regulation: (a) establishments for assembly operations of equine animals where those animals are gathered for the purposes of competitions, races, shows, training, collective leisure or work activities or in the context of breeding activities; (b) hatcheries of captive birds; (c) hatcheries from which consignments of less than 20 hatching eggs of poultry or less than 20 heads of poultry are moved to another Member State; (d) establishments keeping poultry from which consignments of less than 20 heads of poultry intended for purposes other than slaughter or consignments of less than 20 hatching eggs of poultry are moved to another Member State.’; 2. in Article 38(2), point (a) is replaced by the following: ‘(a) one of the conventional ear tags referred to in paragraph 1 of this Article by an electronic identifier approved by the competent authority of the Member State where the bovine animals are kept, where such replacement is authorised by that Member State in accordance with Article 41(1);’; 3. in Article 45(4), point (a) is replaced by the following: ‘(a) one of the means of identification referred to in paragraph 2 of this Article, in accordance with the derogations provided for in Article 46, where such derogations are authorised by the Member State where the ovine and caprine animals are kept, in accordance with Article 48(5);’; 4. Article 48 is amended as follows: (a) in paragraph 4, point (c) is deleted; (b) the following paragraph 5 is added: ‘5. Member States may authorise operators to replace one of the means of identification referred to in Article 45(2) in accordance with the derogations provided for in Article 45(4) for ovine and caprine animals kept in their territory.’; 5. in Article 76(1), points (a), (b) and (c) are replaced by the following: ‘(a) a leg-ring, as listed in Annex III, point (h), attached at least to one leg of the animal with a visible, legible and indelible display of an alphanumeric code; or (b) an injectable transponder, as listed in Annex III, point (e), with a legible and indelible display of an alphanumeric code; or (c) a tattoo, as listed in Annex III, point (g), applied to the animal with a visible and indelible display of an alphanumeric code.’; 6. Article 80 is replaced by the following: ‘Article 80 Obligations of operators as regards the traceability of hatching eggs 1. Operators of establishments keeping poultry and operators of hatcheries of poultry shall ensure that each hatching egg that is moved to another Member State is marked with the unique approval number of the establishment of origin of the hatching eggs. 2. Paragraph 1 shall not apply to: (a) operators of establishments keeping poultry from which consignments of less than 20 hatching eggs of poultry other than ratites are moved to another Member State; (b) operators of hatcheries from which consignments of less than 20 hatching eggs of poultry other than ratites are moved to another Member State.’; 7. in Annex I, in Part 1, point 1 is replaced by the following: ‘1. The requirements in relation to isolation and biosecurity measures of establishments for assembly operations of ungulates, as referred to in Article 5, shall be the following: (a) appropriate isolation facilities for the ungulates must be available; (b) at any given time, the establishment or each of the epidemiologically separate animal accommodation areas within the establishment must only accommodate the same category of ungulates of the same species and health status; (c) by way of derogation from the required separation of species of ungulates provided for in point (b), animals of the ovine and caprine species may be accommodated together at any given time in the establishment or in the same epidemiologically separate animal accommodation area within the establishment; (d) an appropriate system must be in place to ensure the collection of waste water; (e) the areas where the ungulates are kept and any passageways, and material and equipment that comes into contact with them must be cleaned and disinfected after the removal of each batch of ungulates, and where necessary before the introduction of any new batch of ungulates, in accordance with established operational procedures; (f) appropriate sanitary breaks must be taken after the cleaning and disinfecting operations and prior to the arrival of any new batch of ungulates in the facilities where ungulates are kept.’.