COMMISSION IMPLEMENTING DECISION  
of 1 March 2012  
on imports into the Union of semen of domestic animals of the porcine species  
(notified under document C(2012) 1148)  
(Text with EEA relevance)  
(2012/137/EU)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European 
Union,  
Having regard to Council Directive 90/429/EEC of 26 June 
1990 laying down the animal health requirements applicable 
to intra-Community trade in and imports of semen of 
domestic animals of the porcine species (  1 ), and in particular 
Article 7(1), Article 9(2) and (3) and Article 10(2) thereof,  
Whereas:  
(1) Directive 90/429/EEC lays down the animal health 
conditions applicable to intra-Union trade in and 
imports from third countries of semen of domestic 
animals of the porcine species. It provides that Member 
States may authorise importation of such semen only 
from those third countries which appear on a list 
drawn up in accordance with the procedure laid down 
therein and accompanied by an animal health certificate, 
the model of which must correspond to a specimen 
drawn up in accordance with that Directive. The 
animal health certificate is to certify that the semen 
comes from approved semen collection centres offering 
the guarantees provided for in Article 8(1) of that 
Directive.  
(2) Commission Decision 2009/893/EC of 30 November 
2009 on importation of semen of domestic animals of 
the porcine species into the Community as regards lists 
of third countries and of semen collection centres, and 
certification requirements (  2 ) sets out a list of third 
countries from which Member States are to authorise 
imports of semen. That list is established on the basis 
of the animal health status of those third countries.  
(3) Directive 90/429/EEC, as amended by Commission 
Implementing Regulation (EU) No 176/2012 (  3 ), 
provides for revised animal health requirements for 
donor animals of the porcine species and semen as 
regards brucellosis and Aujeszky’s disease.  
(4) Council Directive 2002/60/EC of 27 June 2002 laying 
down specific provisions for the control of African swine 
fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever (  4 ) deleted 
Teschen disease (porcine enterovirus encephalomyelitis) 
from the list of diseases laid down in Annex I to 
Council Directive 92/119/EEC of 17 December 1992 
introducing general Community measures for the 
control of certain animal diseases and specific measures 
relating to swine vesicular disease (  5 ) and consequently by 
Commission Decision 2008/650/EC of 30 July 2008 
amending Council Directive 82/894/EEC on the notifi ­
cation of animal diseases within the Community to 
include certain diseases in the list of notifiable diseases 
and to delete porcine enterovirus encephalomyelitis from 
that list (  6 ) that disease was deleted from the list of the 
compulsorily notifiable diseases within the Union.  
(5) In addition, it is necessary to align certain animal health 
requirements for imports into the Union of semen of 
domestic animals of the porcine species to the Terrestrial 
Animal Health Code of the World Organisation for 
Animal Health (OIE) in particular as regards country 
freedom of swine vesicular disease and semen collection 
centre freedom of tuberculosis and rabies.  
(6) Accordingly, the model animal health certificate set out 
in Part 1 of Annex II to Decision 2009/893/EC should 
be amended to take account of those amendments made 
to Directive 90/429/EEC and to delete all references to 
Teschen disease (porcine enterovirus encephalomyelitis), 
country freedom of swine vesicular disease and semen 
collection centre freedom of tuberculosis and rabies.  
(7) There are bilateral agreements concluded between the 
Union and certain third countries containing specific 
conditions for the imports into the Union of semen of 
domestic animals of the porcine species. Therefore, where 
the bilateral agreements contain specific conditions and 
model animal health certificates for imports, those 
conditions and models should apply instead of the 
conditions and the model set out in this Decision.  
(8) Switzerland is a third country with an animal health 
status equivalent to that of the Member States. It is 
therefore appropriate that semen of domestic animals 
of the porcine species imported into the Union from 
Switzerland is accompanied by an animal health 
certificate drawn up in accordance with the modelsEN 3.3.2012 Official Journal of the European Union L 64/29  
( 1 ) OJ L 224, 18.8.1990, p. 62.  
( 2 ) OJ L 320, 5.12.2009, p. 12.  
( 3 ) OJ L 61, 2.3.2012, p. 1.  ( 4 ) OJ L 192, 20.7.2002, p. 27.  
( 5 ) OJ L 62, 15.3.1993, p. 69.  
( 6 ) OJ L 213, 8.8.2008, p. 42.used for intra-Union trade in such semen set out in 
Annex D to Directive 90/429/EEC, with the adaptations 
set out in point 3 of Chapter VIII(B) of Appendix 2 of 
Annex 11 to the Agreement between the European 
Community and the Swiss Confederation on Trade in 
Agricultural Products, as approved by Decision 
2002/309/EC, Euratom of the Council, and of the 
Commission as regards the Agreement on Scientific 
and Technological Cooperation, of 4 April 2002 on 
the conclusion of seven Agreements with the Swiss 
Confederation (  1 ). 
(9) In the interest of clarity and consistency of Union legis ­
lation, Decision 2009/893/EC should be repealed and 
replaced by this Decision.  
(10) To avoid any disruption of trade, the use of animal 
health certificates issued in accordance with Decision 
2009/893/EC should be authorised during a transitional 
period.  
(11) The measures provided for in this Decision are in 
accordance with the opinion of the Standing 
Committee on the Food Chain and Animal Health,  
HAS ADOPTED THIS DECISION:  
Article 1  
Subject matter  
This Decision lays down a list of third countries or parts thereof 
from which Member States shall authorise imports into the 
Union of semen of domestic animals of the porcine species.  
It also lays down certification requirements for imports of 
semen into the Union.  
Article 2  
Imports of semen  
1. Member States shall authorise the import of semen 
provided that it complies with the following conditions:  
(a) it comes from a third country, or part thereof, listed in 
Annex I;  
(b) it comes from a semen collection centre listed in accordance 
with Article 8(2) of Directive 90/429/EEC;  
(c) it is accompanied by an animal health certificate drawn up 
in accordance with the model animal health certificate set 
out in Part 1 of Annex II, and completed in accordance with 
the explanatory notes set out in Part 2 of that Annex;  (d) it complies with the requirements set out in the animal 
health certificate referred to in point (c).  
2. Where specific animal health and certification conditions 
are laid down in bilateral agreements between the Union and 
third countries, those conditions shall apply instead of the 
conditions laid down in paragraph 1.  
Article 3  
Conditions concerning the transport of semen to the 
Union  
1. The semen referred to in Article 2 shall not be transported 
in the same container as other consignments of semen that:  
(a) are not intended for introduction into the Union; or  
(b) are of a lower health status.  
2. During transport to the Union, semen shall be placed in 
closed and sealed flasks and the seal shall not be broken during 
transport.  
Article 4  
Repeal  
Decision 2009/893/EC is repealed.  
Article 5  
Transitional provision  
For a transitional period until 30 November 2012, Member 
States shall authorise imports of semen from third countries 
which are accompanied by an animal health certificate issued 
not later than 31 October 2012 in accordance with the model 
set out in Part 1 of Annex II to Decision 2009/893/EC.  
Article 6  
Applicability  
This Decision shall apply from 1 June 2012.  
Article 7  
Addressees  
This Decision is addressed to the Member States.  
Done at Brussels, 1 March 2012.  
For the Commission  
John DALLI  
Member of the CommissionEN L 64/30 Official Journal of the European Union 3.3.2012  
( 1 ) OJ L 114, 30.4.2002, p. 1.ANNEX I  
List of third countries or part thereof from which Member States are to authorise imports of semen of domestic 
animals of the porcine species  
ISO code  Name of the third country  Remarks  
CA Canada  
CH Switzerland (*)  
NZ New Zealand  
US United States  
(*) The certificate to be used for imports from Switzerland is set out in Annex D to Directive 90/429/EEC, with the adaptations  set out in 
point 3 of Chapter VIII(B) of Appendix 2 of Annex 11 to the Agreement between the European Community and the Swiss 
Confederation on trade in agricultural products as approved by Decision 2002/309/EC, Euratom.EN 3.3.2012 Official Journal of the European Union L 64/31ANNEX II  
PART 1  
Model animal health certificate for imports of semen of domestic animals of the porcine species
EN L 64/32 Official Journal of the European Union 3.3.2012EN 3.3.2012 Official Journal of the European Union L 64/33EN L 64/34 Official Journal of the European Union 3.3.2012EN 3.3.2012 Official Journal of the European Union L 64/35EN L 64/36 Official Journal of the European Union 3.3.2012PART 2  
Explanatory notes for the certification  
(a) The animal health certificates shall be issued by the 
competent authority of the exporting third country, 
in accordance with the model set out in Part 1 of 
Annex II.  
If the Member State of destination requires additional 
certification requirements, attestations to certify that 
those requirements are fulfilled shall be also incor ­
porated in the original form of the animal health 
certificate.  
(b) The original of the animal health certificate shall 
consist of a single sheet of paper, or, where more 
text is required, it must be in such a form that all 
sheets of paper required are part of an integrated 
whole and indivisible.  
(c) Where the model animal health certificate states that 
certain statements shall be kept as appropriate, 
statements which are not relevant, may be crossed 
out and initialled and stamped by the certifying 
officer, or completely deleted from certificate.  
(d) The animal health certificate shall be drawn up in at 
least one of the official languages of the Member State 
of the border inspection post of introduction of the 
consignment into the European Union and of the 
Member State of destination. However, those Member 
States may authorise the certificate to be drawn up in 
the official language of another Member State, and 
accompanied, if necessary, by an official translation.  
(e) If for the reasons of identification of the items of the 
consignment (schedule in Box I.28 of the model animal 
health certificates), additional sheets of paper are 
attached to the animal health certificate, those sheets 
of paper shall also be considered as forming part of the 
original of the animal health certificate by application 
of the signature and stamp of the certifying officer, on 
each of the pages.  (f) When the animal health certificate, including additional 
schedules referred to in (e), comprises more than one 
page, each page shall be numbered (page number) of 
(total number of pages), at the end of the page and 
shall bear the certificate reference number designated 
by the competent authority on the top of the pages.  
(g) The original of the animal health certificate must be 
completed and signed by an official veterinarian the 
last working day prior to loading of the consignment 
for exportation to the European Union. The competent 
authorities of the exporting third country shall ensure 
that certification requirements equivalent to those laid 
down in Council Directive 96/93/EC (  1 ) are followed.  
The colour of the signature and the stamp of the 
official veterinarian shall be different to that of the 
printing on the animal health certificate. This 
requirement also applies to stamps other than those 
embossed or watermarks.  
(h) The original of the animal health certificate must 
accompany the consignment until it reaches the 
border inspection post of introduction into the 
European Union.  
(i) The certificate reference number referred to in Box I.2 
and Box II.a of the model animal health certificate must 
be issued by the competent authority of the exporting 
third country.EN 3.3.2012 Official Journal of the European Union L 64/37  
( 1 ) OJ L 13, 16.1.1997, p. 28.