European Union: New developments in breeding products, animal health and traceability requirements for breeding products of certain terrestrial animals in captivity

In brief

The new Delegated Regulation (EU) 2023/647 has amended the former Delegated Regulation (EU) 2020/686, which in turn complemented Regulation (EU) 2016/429, on the prevention and control of transmissible animal diseases, animal health requirements and traceability of animal reproductive products. The new Regulation complements the rules laid down in the original regulation as regards animal health issues of traceability and certification of movements of captive breeding products of terrestrial animals. Furthermore, the main objective of the regulation is to unify the different regulations applicable on this matter in order to improve their application and to avoid duplication or cross-references.


Contents

The new Delegated Regulation (EU) 2023/647 (DR2023), scheduled to enter into force on 10 April 2023, amends Delegated Regulation (EU) 2020/686 (DR2020), which supplemented Regulation (EU) 2016/429 (R2016), which lays down rules on the prevention and control of transmissible animal diseases, as well as animal health and traceability requirements applicable to movements within the European Union of consignments of animal reproductive products. The DR2020 introduced additional rules for breeding products, including traceability, animal health and certification requirements for the movement of breeding products of captive terrestrial animals within the European Union.

The DR2020 essentially resolved issues of legal uncertainty and proportionality of measures that had mainly been triggered by indications from member states and stakeholders on the DR2020. In this sense, the new DR2023, following a logical order, also seeks to complement the rules laid down in R2016 on various animal health aspects relating to traceability and certification of movements of breeding products of terrestrial animals in captivity. In addition, it aims to unify the different rules applicable to this sector in order to facilitate their application and thus avoid duplication and overlapping references.

Among the most significant changes since the adoption of DR2020, the new definition of embryo collection team now includes teams that collect and handle only unfertilized oocytes. The additional traceability requirements for sex-sorted semen are also extended to all processed products in order to improve traceability. Article 19 of DR2020, which provides for a derogation from the animal health requirements for different donor species, is also clarified. In particular, the degree of involvement of official veterinarians in these cases is elucidated.

In addition, the former Article 36 of DR2020 on animal health requirements applicable to movements of reproductive products from dogs and cats is deleted due to the lack of proportionality of the requirements and the lack of international standards justifying such conditions. In addition, the requirements on official certification and notification of movements of reproductive products from dogs and cats are also deleted. Part 2 of Annex II of DR2020 on additional animal health requirements for donor pigs is amended. The obligation to immediately move animals positive for infection with porcine reproductive and respiratory syndrome virus out of quarantine accommodation is considered disproportionate. Therefore, new monitoring options are provided in accordance with the different types of diagnostic methods used to confirm suspected cases of that disease. In addition, it is laid down that testing for swine fever carried out in pigs kept in semen collection centers is to be discontinued in countries that have neither notified classical swine fever nor vaccinated against classical swine fever in the previous twelve months, as the World Organisation for Animal Health (WOAH) rules do not require such testing to be carried out under those circumstances.

It also takes the opportunity to update references to epizootic hemorrhagic disease virus, specifying that all epizootic hemorrhagic disease serotypes are covered, allowing harmonization with other European Union acts. In addition, it seeks to follow more strictly the WOAH standards to have the option of a vector-free period as an optional measure to reduce the risk of infection. Annex III of DR2020 laying down additional animal health requirements for the addition of antibiotics to semen is amended, in that these requirements are streamlined and made optional. This decision is motivated by the fact that the WOAH rules are in the process of being amended with regard to the use of antibiotics.

Finally, in order to improve legal certainty, DR2023 corrects a number of substantial errors that have been identified, inter alia on the prevention of entry of unauthorized persons into semen collection centers and processing establishments for reproductive products.

For more information, the full text of the new DR2023 is available via this link.


Copyright © 2025 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.