The following has been provided as an update by a representative of the Export Team at Defra:
A meeting took place on Tuesday 13th April between Defra and the Commission. On the long list of agenda items was the impact of the New Animal Health regulations on channel racing. Defra have now followed this with another written request that focuses on the avenue to achieve derogations (Exemptions) outlined in Article 62 of the Delegated regulation 2020/692.
In addition, I wish to inform members that the RPRA President has written to the French Minister of EU and Foreign Affairs outlining our issues and requesting assistance. The Federation Colombophile Francaise (FCF) and Federation Colombophile Internationale (FCI) have also committed to write to the Minister and support our request for assistance.
The FCI and their European colleagues are also attempting to get this issue placed on the agenda at the Commission.
May I take this opportunity to thank everyone who is supporting these efforts in a positive manner, and also stress how important it is that this is done through a co-ordinated approach organised through the RPRA.
Update 09/04/21: The following is an update in relation to the correspondence between the RPRA and the Directorate General Sante of the EU.
The correspondence below will demonstrate that we are no closer to achieving a position that will facilitate channel racing but that we are doing everything we can to achieve this position.
We will continue to keep you updated.
CEO’s reply to DG Sante dated 8th April 2021
Dear Mr Van Goethem, Thank you for the latest reply. Your time and assistance in this matter is very much appreciated.
Please would you provide a little more of your time to answer the following questions.
I accept that the provisions of article 2016/429 require the movement into the union to be as stringent as the movement between member states. However, the current position is that the requirements of regulation 2020/692 and therefore movement into the union, are far more stringent for Racing Pigeons transported for the purpose of racing. The articles within the regulation make it impossible to move racing pigeons into France and other EU member states. What we are trying to achieve is parity in relation to the requirements associated with the movement of racing pigeons into the union and the movement between member states. i.e. parity between regulations 2020/688 and 2020/692. We are attempting to achieve this aim for the same reasons that the representatives from members states lobbied for amendments to regulation 2020/688 in relation to racing pigeons. Please note we are not asking for any amendments relating to the permanent import of racing pigeons from the UK but for the purpose of racing and therefore the temporary ‘import’ of pigeons that are released to fly back to the UK – a non-commercial process that has happened for one hundred years without any negative impact on health.
These amendments include:
1. Removing the requirement of the 21 day isolation period for pigeons being transported for the purpose of racing
2. Removing the requirement for a Health certificate, endorsed/signed by a veterinarian appointed by the competent authority and replacing this with an owners declaration.
Will regulation 2020/692 also be amended to reflect the requirement for racing pigeons contained within regulation 2020/688 and therefore be as stringent as those contained within regulation 688 ? If not could you explain why? What is the rational behind the difference in approach?
I am aware that the current discussions in relation to derogation’s relate to article 61 and not article 62. However, Article 62 states that derogation’s can be achieved in relation to articles 3 to 10, 11 to 19 and 53 to 61; if the third country is specifically listed for the entry into the Union based a equivalent guarantees. This suggest that derogation relating to the health certification and housing requirements prior to movement can be achieved.
How are such derogation’s achieved ? Is this an application to the commission from the UK Government? Are these derogation’s something that member states can apply ?
Finally, thank you for confirming how the transition period will work. Given that regulation 2013/139 made racing pigeons exempt from such certification processes when transported for the purpose of racing; I am not aware of any existing certificates for this purpose. Therefore, how can we be expected to comply with the new requirements by using non-existent certificates ?
I am assured that the UK competent authority has made an initial written request to the commission in respect of the new AHL but to date they have not received a reply.
In the meantime I would be grateful if you could find the time to reply to my questions
DG Sante reply to CEOs email previously published
Dear Mr Evans,
As regards your question on the approach of current and future rules, please note that according to the provisions of Regulation (EC) 2016/429 (Animal Health Law – AHL) the rules for entry into the Union should be as stringent as those for the movement between Member States. Therefore, since there are rules for the movement of racing pigeons between Member States, racing pigeons are also included in the scope of Delegated Regulation (EU) 2020/692 for the entry into the Union.
As regards the amendment of Regulation (EU) 2020/692, please note that the discussions in relation to racing pigeons relate to the provisions of Article 61, not Article 62. In that respect, we are considering the possibility for a derogation, under certain conditions, from the obligation that racing pigeons are kept in an approved quarantine establishment for 30 days. It will be, therefore, up to the competent authority of Member States to assess on a case by case if the specific conditions for allowing for such a derogation apply.
Finally, as regards your question on a transitional period, please note that AHL and Regulation (EU) 2020/692 will apply as of 21 April 2021. Therefore, as of that date racing pigeons should comply with the rules laid down therein.
The transitional period until October 2021 refers to the certificates that should accompany the animals for their entry into the Union. In particular, the draft implementing regulation laying down the certificates for terrestrial animals provides that during that period animal should be accompanied by the certificates applicable before 21 April 2021.
I understand that this issue is complex. I would, therefore, urge you to contact the competent authorities of the United Kingdom for any further information needed.
B. Van Goethem
Update 30/03/21: Further to the CEO’s communication last week (below) in relation to channel racing and the Animal Health requirements, he has decided to publish details of the issues and the possible solutions. This includes extracts from communications with the EU Commission representatives of the Directorate General for Health (DG Sante), as well as a detailed overview of the relevant EU regulations.
As you will be aware, we were informed by DEFRA that pigeons transported from the UK to the EU for racing purposes were exempt from the animal health requirements. This – at the time – was accurate, as the relevant EU Regulation 2013/139 provided specific exemptions in this respect. However, this did not take into consideration the new Animal Health Laws/Regulations coming into force on 21st April 2021. These new regulations do not provide exemptions for racing pigeons transported for racing purposes.
The report below (click on the link) provides an overview of the issues relating to the new Animal Health laws, and the potential solutions to channel racing.
Update 25/03/21: As you will be aware from my previous post (below), Defra had confirmed that racing pigeons transported into the EU from the UK for racing purposes, i.e. to be liberated in the EU to fly back to the UK, were exempt from the Animal Health Requirements. Following this confirmation we have been working with French Border Control to establish what paperwork was required. The outcome of this has been that there is a very different opinion to the ‘import’ of racing pigeons into the EU from the UK for racing purposes, in terms of the health documentation.
The current position of the French border control would make the prospect of racing from France or any EU country virtually impossible.
There has been successful lobbying of the EU commission by the FCI and European racing organisations in terms of exemptions for racing in relation to the the new animal health laws. While it seems the commission has now excluded racing pigeons from such requirements, it has recently become apparent that this is only the case for transport within the EU, by EU members states.
What is being done?
I am in regular contact with French Border Control, FCI and FCF (French Pigeon Racing Federation) to try and reach a position whereby we can make channel racing achievable. I have also brought this issue to the attention of Defra, who are looking into the issues.
While I am not an expert in the animal health requirements, I am of the opinion that article 62 of the Animal Health Requirements for Third Countries (countries outside of the EU), that allows such countries to apply for certain derogations (exemptions), is the avenue to take. However, the process for achieving these derogations is yet to be confirmed. The FCI and FCF are currently assisting in trying to establish the process with the Commission and the French Authorities.
Please be assured that everything that can be done is being done.
Update 20/01/21: The impact of Brexit on channel racing has been a concern for pigeon fanciers all around the UK. The required health documentation and processes relating to the import and export of the avian species, published since Brexit, has increased these concerns.
The relevant EU regulation that covers the transportation of the avian species from third countries (countries from outside of the EU) into a European Union member state is 2013/139.
The following has been extracted from the regulation:
“This Regulation shall apply to animals of the avian species.
However, it shall not apply to:
(f) racing pigeons which are introduced to the territory of the Union from a neighbouring third country where they are normally resident and then immediately released with the expectation that they will fly back to that third country.”
Nevertheless, I considered it prudent to seek confirmation from the relevant authority than no additional health documentation is required. I am pleased to communicate that I have received confirmation from the Centre for International Trade (via the APHA) that pigeons transported to an EU state are exempt from the requirements that have caused so much concern.
The reply is quoted below:
“Your understanding is correct; effectively there is no change to the requirements. Retained EU Regulation 139/2013  does exclude racing pigeons in the scope in Article 2, and no additional documentation would be required. There is just a change to our country status from a member state to ‘neighbouring third country’.”
I am sure members will be pleased to read this confirmation.
Please note that this relates to the transportation of pigeons for racing purposes, and not the permanent import of pigeons from the EU. In this respect I am still seeking further clarification and will update members as soon as I am in receipt of such information.
In addition to the above I am also aware of information circulating relating to vehicle emissions. I have seen social media posts that suggest there is a blanket ban on vehicles that don’t meet certain emission requirements travelling in France. This is not true. However, there are currently a limited amount of low emission zones with certain restrictions; we will publish information shortly outlining where these emission zones exist.