# Official Journal L 244/2018

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 244 |
| | |
| English edition | Legislation | Volume 6128 September 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 244

English edition

Legislation

Volume 6128 September 2018

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2018/1298 of 11 July 2018 amending Regulation (EU) No 658/2014 of the European Parliament and of the Council as regards the adjustment to the inflation rate of the amounts of the fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) 2018/1299 of 26 September 2018 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin | 4 |
| | * | Commission Implementing Regulation (EU) 2018/1300 of 27 September 2018 amending and derogating from Regulation (EC) No 2535/2001 as regards import licences for dairy products originating in Norway | 6 |
| | * | Commission Implementing Regulation (EU) 2018/1301 of 27 September 2018 amending Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae (
  1
  ) | 10 |
| | * | Commission Implementing Regulation (EU) 2018/1302 of 27 September 2018 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq | 79 |
| | | DECISIONS |
| | * | Council Decision (EU) 2018/1303 of 18 September 2018 on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement | 81 |
| | * | Commission Decision (EU) 2018/1304 of 19 September 2018 on the proposed citizens' initiative entitled Eat ORIGINal! Unmask your food
  (notified under document C(2018) 6054) | 107 |
| | * | Commission Implementing Decision (EU) 2018/1305 of 26 September 2018 on the terms and conditions of the authorisation of a biocidal product family containing deltamethrin referred by Sweden in accordance with Article 36 of Regulation (EU) No 528/2012 of the European Parliament and of the Council
  (notified under document number C(2018) 5503)

   (
  1
  ) | 109 |
| | * | Commission Implementing Decision (EU) 2018/1306 of 27 September 2018 terminating the anti-dumping proceeding concerning imports of certain stainless steel wires originating in India | 111 |
| | * | Commission Implementing Decision (EU) 2018/1307 of 27 September 2018 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States
  (notified under document C(2018) 6382)

   (
  1
  ) | 117 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Delegated Regulation (EU) 2018/1298 of 11 July 2018 amending Regulation (EU) No 658/2014 of the European Parliament and of the Council as regards the adjustment to the inflation rate of the amounts of the fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use (
  1
  )

1

1

*

Commission Implementing Regulation (EU) 2018/1299 of 26 September 2018 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

4

*

Commission Implementing Regulation (EU) 2018/1300 of 27 September 2018 amending and derogating from Regulation (EC) No 2535/2001 as regards import licences for dairy products originating in Norway

6

*

Commission Implementing Regulation (EU) 2018/1301 of 27 September 2018 amending Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae (
  1
  )

1

10

*

Commission Implementing Regulation (EU) 2018/1302 of 27 September 2018 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

79

DECISIONS

*

Council Decision (EU) 2018/1303 of 18 September 2018 on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement

81

*

Commission Decision (EU) 2018/1304 of 19 September 2018 on the proposed citizens' initiative entitled Eat ORIGINal! Unmask your food
  (notified under document C(2018) 6054)

(notified under document C(2018) 6054)

107

*

Commission Implementing Decision (EU) 2018/1305 of 26 September 2018 on the terms and conditions of the authorisation of a biocidal product family containing deltamethrin referred by Sweden in accordance with Article 36 of Regulation (EU) No 528/2012 of the European Parliament and of the Council
  (notified under document number C(2018) 5503)

   (
  1
  )

(notified under document number C(2018) 5503)

1

109

*

Commission Implementing Decision (EU) 2018/1306 of 27 September 2018 terminating the anti-dumping proceeding concerning imports of certain stainless steel wires originating in India

111

*

Commission Implementing Decision (EU) 2018/1307 of 27 September 2018 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States
  (notified under document C(2018) 6382)

   (
  1
  )

(notified under document C(2018) 6382)

1

117

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

II Non-legislative acts

REGULATIONS

| 28.9.2018 | EN | Official Journal of the European Union | L 244/1 |
| --- | --- | --- | --- |

28.9.2018

EN

Official Journal of the European Union

L 244/1

---

COMMISSION DELEGATED REGULATION (EU) 2018/1298

of 11 July 2018

amending Regulation (EU) No 658/2014 of the European Parliament and of the Council as regards the adjustment to the inflation rate of the amounts of the fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 658/2014 of the European Parliament and of the Council of 15 May 2014 on fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use (1), and in particular Article 15(6) thereof,

Whereas:

| (1) | In accordance with Article 67(3) of Regulation (EC) No 726/2004 of the European Parliament and of the Council (2), the revenue of the European Medicines Agency consists of a contribution from the Union and fees paid by undertakings for obtaining and maintaining Union marketing authorisations and for other services provided by the Agency, or by the coordination group as regards the fulfilment of its tasks in accordance with Articles 107c, 107e, 107g, 107k and 107q of Directive 2001/83/EC of the European Parliament and of the Council (3). |
| --- | --- |

(1)

In accordance with Article 67(3) of Regulation (EC) No 726/2004 of the European Parliament and of the Council (2), the revenue of the European Medicines Agency consists of a contribution from the Union and fees paid by undertakings for obtaining and maintaining Union marketing authorisations and for other services provided by the Agency, or by the coordination group as regards the fulfilment of its tasks in accordance with Articles 107c, 107e, 107g, 107k and 107q of Directive 2001/83/EC of the European Parliament and of the Council (3).

| (2) | The inflation rate of the Union for 2017, as made available by the Statistical Office of the European Union, was 1,7 %. Taking into consideration the level of the inflation rate for that year, it is considered justified to adjust, in accordance with Article 15(6) of Regulation (EU) No 658/2014, the amounts of the fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use. |
| --- | --- |

(2)

The inflation rate of the Union for 2017, as made available by the Statistical Office of the European Union, was 1,7 %. Taking into consideration the level of the inflation rate for that year, it is considered justified to adjust, in accordance with Article 15(6) of Regulation (EU) No 658/2014, the amounts of the fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use.

| (3) | For the sake of simplicity, the adjusted amounts should be rounded to the nearest EUR 10, with the exception of the annual fee for information technology systems and literature monitoring where the adjusted level should be rounded to the nearest EUR 1. |
| --- | --- |

(3)

For the sake of simplicity, the adjusted amounts should be rounded to the nearest EUR 10, with the exception of the annual fee for information technology systems and literature monitoring where the adjusted level should be rounded to the nearest EUR 1.

| (4) | Fees laid down in Regulation (EU) No 658/2014 are due either at the date of the start of the respective procedure or, in the case of the annual fee for information technology systems and literature monitoring, on 1 July of every year. Consequently, the applicable amount will be determined by the due date of the fee and there is no need to set specific transitional provisions for pending procedures. |
| --- | --- |

(4)

Fees laid down in Regulation (EU) No 658/2014 are due either at the date of the start of the respective procedure or, in the case of the annual fee for information technology systems and literature monitoring, on 1 July of every year. Consequently, the applicable amount will be determined by the due date of the fee and there is no need to set specific transitional provisions for pending procedures.

| (5) | According to Article 15(6) of Regulation (EU) No 658/2014, where a delegated act adjusting the amounts of the fees laid down in Parts I to IV of the Annex to that Regulation enters into force before 1 July, the adjustments are to take effect as from 1 July, whereas where it enters into force after 30 June, the adjustments are to take effect from the date of entry into force of the delegated act. |
| --- | --- |

(5)

According to Article 15(6) of Regulation (EU) No 658/2014, where a delegated act adjusting the amounts of the fees laid down in Parts I to IV of the Annex to that Regulation enters into force before 1 July, the adjustments are to take effect as from 1 July, whereas where it enters into force after 30 June, the adjustments are to take effect from the date of entry into force of the delegated act.

| (6) | Regulation (EU) No 658/2014 should therefore be amended accordingly, |
| --- | --- |

(6)

Regulation (EU) No 658/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) No 658/2014 is amended as follows:

| (1) | in Part I, point 1 is amended as follows:






  (a) | ‘EUR 19 770’ is replaced by ‘EUR 20 110’; |
| --- | --- | --- |

(1)

in Part I, point 1 is amended as follows:

(a)

‘EUR 19 770’ is replaced by ‘EUR 20 110’;

| (b) | ‘EUR 13 290’ is replaced by ‘13 520’; |
| --- | --- |

(b)

‘EUR 13 290’ is replaced by ‘13 520’;

| (2) | in Part II, point 1 is amended as follows:






  (a) | in the introductory sentence, ‘EUR 43 600’ is replaced by ‘EUR 44 340’; |
| --- | --- | --- |

(2)

in Part II, point 1 is amended as follows:

(a)

in the introductory sentence, ‘EUR 43 600’ is replaced by ‘EUR 44 340’;

| (b) | point (a) is amended as follows:






  (i) | ‘EUR 17 440’ is replaced by ‘EUR 17 740’; |
| --- | --- | --- |

(b)

point (a) is amended as follows:

(i)

‘EUR 17 440’ is replaced by ‘EUR 17 740’;

| (ii) | ‘EUR 7 380’ is replaced by ‘EUR 7 510’; |
| --- | --- |

(ii)

‘EUR 7 380’ is replaced by ‘EUR 7 510’;

| (c) | point (b) is amended as follows:






  (i) | ‘EUR 26 160’ is replaced by ‘EUR 26 600’; |
| --- | --- | --- |

(c)

point (b) is amended as follows:

(i)

‘EUR 26 160’ is replaced by ‘EUR 26 600’;

| (ii) | ‘EUR 11 070’ is replaced by ‘11 260’; |
| --- | --- |

(ii)

‘EUR 11 070’ is replaced by ‘11 260’;

| (3) | in Part III, point 1 is amended as follows:






  (a) | the first subparagraph is amended as follows:






  (i) | ‘EUR 181 510’ is replaced by ‘EUR 184 600’; |
| --- | --- | --- | --- |

(3)

in Part III, point 1 is amended as follows:

(a)

the first subparagraph is amended as follows:

(i)

‘EUR 181 510’ is replaced by ‘EUR 184 600’;

| (ii) | ‘EUR 39 350’ is replaced by ‘EUR 40 020’; |
| --- | --- |

(ii)

‘EUR 39 350’ is replaced by ‘EUR 40 020’;

| (iii) | ‘EUR 299 560’ is replaced by ‘EUR 304 660’; |
| --- | --- |

(iii)

‘EUR 299 560’ is replaced by ‘EUR 304 660’;

| (b) | the second subparagraph is amended as follows:






  (i) | in point (a), ‘EUR 121 000’ is replaced by ‘EUR 123 060’; |
| --- | --- | --- |

(b)

the second subparagraph is amended as follows:

(i)

in point (a), ‘EUR 121 000’ is replaced by ‘EUR 123 060’;

| (ii) | in point (b), ‘EUR 147 240’ is replaced by ‘EUR 149 740’; |
| --- | --- |

(ii)

in point (b), ‘EUR 147 240’ is replaced by ‘EUR 149 740’;

| (iii) | in point (c), ‘EUR 173 470’ is replaced by ‘EUR 176 420’; |
| --- | --- |

(iii)

in point (c), ‘EUR 173 470’ is replaced by ‘EUR 176 420’;

| (iv) | in point (d), ‘EUR 199 700’ is replaced by ‘EUR 203 090’; |
| --- | --- |

(iv)

in point (d), ‘EUR 199 700’ is replaced by ‘EUR 203 090’;

| (c) | in the fourth subparagraph, point (b) is amended as follows:






  (i) | ‘EUR 1 010’ is replaced by ‘EUR 1 030’; |
| --- | --- | --- |

(c)

in the fourth subparagraph, point (b) is amended as follows:

(i)

‘EUR 1 010’ is replaced by ‘EUR 1 030’;

| (ii) | ‘EUR 2 020’ is replaced by ‘EUR 2 050’; |
| --- | --- |

(ii)

‘EUR 2 020’ is replaced by ‘EUR 2 050’;

| (iii) | ‘EUR 3 050’ is replaced by ‘EUR 3 100’; |
| --- | --- |

(iii)

‘EUR 3 050’ is replaced by ‘EUR 3 100’;

| (4) | in point 1 of Part IV, ‘EUR 68’ is replaced by ‘EUR 69’. |
| --- | --- |

(4)

in point 1 of Part IV, ‘EUR 68’ is replaced by ‘EUR 69’.

Article 2

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 18 October 2018.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 July 2018.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 189, 27.6.2014, p. 112.

1

(2)  Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1).

2

(3)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

3

---

| 28.9.2018 | EN | Official Journal of the European Union | L 244/4 |
| --- | --- | --- | --- |

28.9.2018

EN

Official Journal of the European Union

L 244/4

---

COMMISSION IMPLEMENTING REGULATION (EU) 2018/1299

of 26 September 2018

amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183(b) thereof,

Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin. |
| --- | --- |

(1)

Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

| (2) | Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin. |
| --- | --- |

(2)

Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

| (3) | Regulation (EC) No 1484/95 should therefore be amended accordingly. |
| --- | --- |

(3)

Regulation (EC) No 1484/95 should therefore be amended accordingly.

| (4) | Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication, |
| --- | --- |

(4)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 September 2018.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  
  OJ L 150, 20.5.2014, p. 1.

2

(3)  Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).

3

---

ANNEX

‘ANNEX I

| CN code | Description | Representative price
  (EUR/100 kg) | Security under Article 3
  (EUR/100 kg) | Origin (1) |
| --- | --- | --- | --- | --- |
| 0207 12 10 | Fowls of the species Gallus domesticus, not cut in pieces, presented as “70 % chickens”, frozen | 108,6 | 0 | AR |
| 0207 12 90 | Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen | 139,4 | 0 | AR |
| 0207 14 10 | Fowls of the species Gallus domesticus, boneless cuts, frozen | 291,5 | 3 | AR |
| 241,4 | 18 | BR |
| 333,2 | 0 | CL |
| 251,8 | 15 | TH |
| 0207 27 10 | Turkeys, boneless cuts, frozen | 318,3 | 0 | BR |
| 322,0 | 0 | CL |
| 1602 32 11 | Preparations of fowls of the species Gallus domesticus, uncooked | 277,7 | 3 | BR |

CN code

Description

Representative price

(EUR/100 kg)

Security under Article 3

(EUR/100 kg)

Origin (1)

0207 12 10

Fowls of the species Gallus domesticus, not cut in pieces, presented as “70 % chickens”, frozen

108,6

0

AR

0207 12 90

Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen

139,4

0

AR

0207 14 10

Fowls of the species Gallus domesticus, boneless cuts, frozen

291,5

3

AR

241,4

18

BR

333,2

0

CL

251,8

15

TH

0207 27 10

Turkeys, boneless cuts, frozen

318,3

0

BR

322,0

0

CL

1602 32 11

Preparations of fowls of the species Gallus domesticus, uncooked

277,7

3

BR

---

(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7).

1

---

| 28.9.2018 | EN | Official Journal of the European Union | L 244/6 |
| --- | --- | --- | --- |

28.9.2018

EN

Official Journal of the European Union

L 244/6

---

COMMISSION IMPLEMENTING REGULATION (EU) 2018/1300

of 27 September 2018

amending and derogating from Regulation (EC) No 2535/2001 as regards import licences for dairy products originating in Norway

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 187 thereof,

Whereas:

| (1) | Annex IV to the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (‘the Agreement’), reached on the basis of Article 19 of the Agreement on the European Economic Area and approved by Council Decision (EU) 2018/760 (2), provides for the introduction of new quotas for dairy products. |
| --- | --- |

(1)

Annex IV to the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (‘the Agreement’), reached on the basis of Article 19 of the Agreement on the European Economic Area and approved by Council Decision (EU) 2018/760 (2), provides for the introduction of new quotas for dairy products.

| (2) | The Agreement enters into force on the first day of the third month following the date of the deposit of the last instrument of approval. The last instrument of approval was notified by Norway on 16 July 2018. The new quota quantities will therefore apply from 1 October 2018. |
| --- | --- |

(2)

The Agreement enters into force on the first day of the third month following the date of the deposit of the last instrument of approval. The last instrument of approval was notified by Norway on 16 July 2018. The new quota quantities will therefore apply from 1 October 2018.

| (3) | Article 14(1)(b) of Commission Regulation (EC) No 2535/2001 (3) provides that licence applications lodged from 1 to 10 June may be used for imports during the period from 1 July to 31 December following. A new period for the lodging of applications and the issue of import licences should therefore be introduced for the new quotas opened by the Agreement. In addition, in 2018 the validity period of those licenses should start on their date of issue. |
| --- | --- |

(3)

Article 14(1)(b) of Commission Regulation (EC) No 2535/2001 (3) provides that licence applications lodged from 1 to 10 June may be used for imports during the period from 1 July to 31 December following. A new period for the lodging of applications and the issue of import licences should therefore be introduced for the new quotas opened by the Agreement. In addition, in 2018 the validity period of those licenses should start on their date of issue.

| (4) | Section 2 of Chapter I of Title 2 of Regulation (EC) No 2535/2001 provides that applicants for import licences are to be approved in advance by the competent authority of the Member State in which they are established. The relevant requests are to be submitted before 1 April each year. It is necessary to provide for an ad-hoc procedure allowing applicants who have not yet been approved to request for approval for the purposes of the new import quotas opening on 1 October 2018. The relevant derogations form Articles 8, 9 and 10 of Regulation (EC) No 2535/2001 should be provided for. |
| --- | --- |

(4)

Section 2 of Chapter I of Title 2 of Regulation (EC) No 2535/2001 provides that applicants for import licences are to be approved in advance by the competent authority of the Member State in which they are established. The relevant requests are to be submitted before 1 April each year. It is necessary to provide for an ad-hoc procedure allowing applicants who have not yet been approved to request for approval for the purposes of the new import quotas opening on 1 October 2018. The relevant derogations form Articles 8, 9 and 10 of Regulation (EC) No 2535/2001 should be provided for.

| (5) | Regulation (EC) No 2535/2001 should therefore be amended and derogated from accordingly. |
| --- | --- |

(5)

Regulation (EC) No 2535/2001 should therefore be amended and derogated from accordingly.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment of Regulation (EC) No 2535/2001

Regulation (EC) No 2535/2001 is amended as follows:

| (a) | in Article 5, point (h) is replaced by the following:






  ‘(h) | the quotas provided for in Annex V to the Agreement between the European Union and the Kingdom of Norway approved by Council Decision 2011/818/EU (*1) and the quotas provided for in Annex IV to the Agreement between the European Union and the Kingdom of Norway approved by Council Decision (EU) 2018/760 (*2) (‘the Agreements with Norway’); |
| --- | --- | --- |

(a)

in Article 5, point (h) is replaced by the following:

‘(h)

the quotas provided for in Annex V to the Agreement between the European Union and the Kingdom of Norway approved by Council Decision 2011/818/EU (*1

*2

| (b) | in Article 19(1), point (g) is replaced by the following:






  ‘(g) | Rules referred to in point 9 of the Agreements with Norway;’; |
| --- | --- | --- |

(b)

in Article 19(1), point (g) is replaced by the following:

‘(g)

Rules referred to in point 9 of the Agreements with Norway;’;

| (c) | in Annex I, point I.H is replaced by the text in the Annex to this Regulation. |
| --- | --- |

(c)

in Annex I, point I.H is replaced by the text in the Annex to this Regulation.

Article 2

Derogations from Regulation (EC) No 2535/2001

1.   By way of derogation from Article 14(1)(b) of Regulation (EC) No 2535/2001, for the quotas bearing order numbers 09.4228 and 09.4229 set out in point I.H of Annex I to that Regulation, an additional allocation period is open in 2018, subject to the following:

| (a) | applications for import licences shall be lodged from 1 to 8 October 2018; |
| --- | --- |

(a)

applications for import licences shall be lodged from 1 to 8 October 2018;

| (b) | Member States shall notify the Commission, by 15 October 2018, of the total quantities, including nil returns, of all applications, expressed in kilogrammes and broken down by order number; |
| --- | --- |

(b)

Member States shall notify the Commission, by 15 October 2018, of the total quantities, including nil returns, of all applications, expressed in kilogrammes and broken down by order number;

| (c) | import licences shall be issued as of 23 October 2018 until 31 October 2018. |
| --- | --- |

(c)

import licences shall be issued as of 23 October 2018 until 31 October 2018.

2.   By way of derogation from Article 16(3) of Regulation (EC) No 2535/2001, import licences issued in October 2018 for the quotas referred to in paragraph 1 of this Article shall be valid from their date of issue until 31 December 2018.

3.   By way of derogation from Article 8 of Regulation (EC) No 2535/2001, for imports in the periods from 1 October to 31 December 2018 and from 1 January to 30 June 2019 under the quotas referred to in paragraph 1 of this Article, applicants for import licences who have not yet been approved under Articles 8, 9 and 10 of Regulation (EC) No 2535/2001 shall from 1 to 8 October 2018 submit a request for approval to the competent authorities of the Member State in which they are established and in which they are registered for VAT purposes, accompanied by proof that during both 2017 and 2018 they imported into or exported from the Union at least 25 tonnes of milk products covered by Chapter 04 of the Combined Nomenclature.

4.   By way of derogation from Article 9 of Regulation (EC) No 2535/2001, before 12 October 2018 the competent authorities of the Member States shall inform the applicants of the outcome of the approval procedure referred to in paragraph 3 of this Article and, if approved, of their approval number. The approval shall be valid until 30 June 2019 and shall be considered as valid from 1 October 2018 for the purposes of paragraph 1 of this Article.

5.   By way of derogation from Article 10(1) of Regulation (EC) No 2535/2001, before 19 October 2018 the competent authorities of the Member States shall notify the Commission of their lists of importers that have been approved pursuant to paragraphs 3 and 4 of this Article. That notification shall contain the approval number, name, address, telephone number and email address of the approved importers. The Commission shall forward those lists to the competent authorities of the other Member States.

Article 3

Entry into force and application

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

Official Journal of the European Union

It shall apply from 1 October 2018.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 September 2018.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  Council Decision (EU) 2018/760 of 14 May 2018 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (OJ L 129, 25.5.2018, p. 1).

2

(3)  Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (OJ L 341, 22.12.2001, p. 29).

3

(*1)  Council Decision 2011/818/EU of 8 November 2011 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products reached on the basis of Article 19 of the Agreement on the European Economic Area (OJ L 327, 9.12.2011, p. 1).

*1

(*2)  Council Decision (EU) 2018/760 of 14 May 2018 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (OJ L 129, 25.5.2018, p. 1).’;

*2

---

ANNEX

‘
  I.H

TARIFF QUOTAS UNDER THE AGREEMENTS WITH NORWAY

Annual quota from 1 January to 31 December — Quantity in tonnes

Applicable duty: exemption

| Quota order number | 09.4228 | 09.4229 | 09.4179 |
| --- | --- | --- | --- |
| Description
   (*1) | Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter | Whey and modified whey, in powder, granules or other solid forms, without added sugar or other sweetening matter, of a protein content ‘nitrogen content × 6,38’ of <= 15 % by weight and a fat content, by weight, of <= 1,5 % | Cheese and curd |
| Combined Nomenclature code | 0404 10 | 0404 10 02 | 0406 |
| Quantity for October — December 2018 | 313 | 788 | Not applicable |
| Annual quantity for 2019 and following years | 1 250 | 3 150 | 7 200 |
| Quantity for January — June | 625 | 1 575 | 3 600 |
| Quantity for July — December | 625 | 1 575 | 3 600 |

Quota order number

09.4228

09.4229

09.4179

Description
   (*1)

Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter

Whey and modified whey, in powder, granules or other solid forms, without added sugar or other sweetening matter, of a protein content ‘nitrogen content × 6,38’ of <= 15 % by weight and a fat content, by weight, of <= 1,5 %

Cheese and curd

Combined Nomenclature code

0404 10

0404 10 02

0406

Quantity for October — December 2018

313

788

Not applicable

Annual quantity for 2019 and following years

1 250

3 150

7 200

Quantity for January — June

625

1 575

3 600

Quantity for July — December

625

1 575

3 600

---

(*1)  Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential arrangements being determined, within the context of this Annex, by the coverage of the CN codes.’

*1

---

| 28.9.2018 | EN | Official Journal of the European Union | L 244/10 |
| --- | --- | --- | --- |

28.9.2018

EN

Official Journal of the European Union

L 244/10

---

COMMISSION IMPLEMENTING REGULATION (EU) 2018/1301

of 27 September 2018

amending Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 3(2) and Article 9(1)(c) thereof,

Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (2), and in particular Article 17(3) thereof,

Having regard to Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae (3), and in particular Article 2(i), Article 12(1), (4) and (5), Article 13(2), Articles 15, 16, 17 and 19 thereof,

Whereas:

| (1) | Directive 2009/156/EC lays down the animal health requirements governing imports into the Union of equidae. It provides that only equidae that come from a third country or part of a third country on a list of third countries drawn up in accordance with that Directive, and accompanied by a health certificate corresponding to a model also drawn up in accordance with that Directive, may be imported into the Union. The health certificate should attest that the equidae comply with the health conditions set out in accordance with that Directive. |
| --- | --- |

(1)

Directive 2009/156/EC lays down the animal health requirements governing imports into the Union of equidae. It provides that only equidae that come from a third country or part of a third country on a list of third countries drawn up in accordance with that Directive, and accompanied by a health certificate corresponding to a model also drawn up in accordance with that Directive, may be imported into the Union. The health certificate should attest that the equidae comply with the health conditions set out in accordance with that Directive.

| (2) | Commission Decisions 92/260/EEC (4), 93/195/EEC (5), 93/196/EEC (6), 93/197/EEC (7), 94/699/EC (8), 95/329/EC, 2003/13/EC (9), 2004/177/EC (10), 2004/211/EC, 2010/57/EU (11) and 2010/471/EU (12) lay down the list of third countries, the relevant animal health conditions and the veterinary certification for the introduction into the Union of equidae and of semen, ova and embryos of equidae. Commission Implementing Regulation (EU) 2018/659 (13) will repeal and replace those Decisions as from 1 October 2018. |
| --- | --- |

(2)

Commission Decisions 92/260/EEC (4), 93/195/EEC (5), 93/196/EEC (6), 93/197/EEC (7), 94/699/EC (8), 95/329/EC, 2003/13/EC (9), 2004/177/EC (10), 2004/211/EC, 2010/57/EU (11) and 2010/471/EU (12) lay down the list of third countries, the relevant animal health conditions and the veterinary certification for the introduction into the Union of equidae and of semen, ova and embryos of equidae. Commission Implementing Regulation (EU) 2018/659 (13) will repeal and replace those Decisions as from 1 October 2018.

| (3) | After the adoption of Implementing Regulation (EU) 2018/659, certain of the Commission Decisions relating to the list of third countries and the animal health conditions and veterinary certification for importation of live equidae have been amended. |
| --- | --- |

(3)

After the adoption of Implementing Regulation (EU) 2018/659, certain of the Commission Decisions relating to the list of third countries and the animal health conditions and veterinary certification for importation of live equidae have been amended.

| (4) | In particular, Commission Implementing Decision (EU) 2017/1851 (14) amended Decisions 92/260/EEC and 2004/211/EC, Commission Implementing Decision (EU) 2018/218 (15) amended Decisions 92/260/EEC, 93/195/EEC and 2004/211/EC, Commission Implementing Decision (EU) 2018/518 (16) amended Decisions 93/195/EEC and 2004/211/EC and Commission Implementing Decision (EU) 2018/1143 (17) amended Decisions 92/260/EEC and 93/197/EEC. Those amendments should now be incorporated in Implementing Regulation (EU) 2018/659. |
| --- | --- |

(4)

In particular, Commission Implementing Decision (EU) 2017/1851 (14) amended Decisions 92/260/EEC and 2004/211/EC, Commission Implementing Decision (EU) 2018/218 (15) amended Decisions 92/260/EEC, 93/195/EEC and 2004/211/EC, Commission Implementing Decision (EU) 2018/518 (16) amended Decisions 93/195/EEC and 2004/211/EC and Commission Implementing Decision (EU) 2018/1143 (17) amended Decisions 92/260/EEC and 93/197/EEC. Those amendments should now be incorporated in Implementing Regulation (EU) 2018/659.

| (5) | Bosnia and Herzegovina has requested to be included in the list of third countries and parts of the territory of third countries from which the entry into the Union of equidae is authorised.. Bosnia and Herzegovina has a satisfactory record of disease reporting to the World Organisation for Animal Health (OIE). The diseases listed in Annex I to Directive 2009/156/EC are notifiable and the last cases of dourine and glanders in Bosnia and Herzegovina were reported in 1952 and 1959 respectively. Bosnia and Herzegovina is recognised by the OIE as free of African horse sickness. Pending a Commission audit, the temporary admission, the re-entry after temporary export and the import of registered horses from Bosnia and Herzegovina should be authorised. |
| --- | --- |

(5)

Bosnia and Herzegovina has requested to be included in the list of third countries and parts of the territory of third countries from which the entry into the Union of equidae is authorised.. Bosnia and Herzegovina has a satisfactory record of disease reporting to the World Organisation for Animal Health (OIE). The diseases listed in Annex I to Directive 2009/156/EC are notifiable and the last cases of dourine and glanders in Bosnia and Herzegovina were reported in 1952 and 1959 respectively. Bosnia and Herzegovina is recognised by the OIE as free of African horse sickness. Pending a Commission audit, the temporary admission, the re-entry after temporary export and the import of registered horses from Bosnia and Herzegovina should be authorised.

| (6) | Kuwait has presented documentation on the approval of a semen collection centre in accordance with the provisions of Article 17(2)(b)(ii) of Directive 92/65/EEC. Following evaluation of the documents, the entry into the Union of semen of animals of the equine species from Kuwait should be authorised. |
| --- | --- |

(6)

Kuwait has presented documentation on the approval of a semen collection centre in accordance with the provisions of Article 17(2)(b)(ii) of Directive 92/65/EEC. Following evaluation of the documents, the entry into the Union of semen of animals of the equine species from Kuwait should be authorised.

| (7) | Turkey has provided information documenting that the Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag have remained free of glanders for more than six months since the outbreak on Büyükada Island, Province of Istanbul, had been notified on 15 December 2017. That country has furthermore implemented measures to reduce the risk of introduction of glanders into those Provinces. As a consequence, temporary admission of registered horses, re-entry of registered horses after temporary export and imports of registered horses as well as transit of equidae from the Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag should be authorised. |
| --- | --- |

(7)

Turkey has provided information documenting that the Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag have remained free of glanders for more than six months since the outbreak on Büyükada Island, Province of Istanbul, had been notified on 15 December 2017. That country has furthermore implemented measures to reduce the risk of introduction of glanders into those Provinces. As a consequence, temporary admission of registered horses, re-entry of registered horses after temporary export and imports of registered horses as well as transit of equidae from the Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag should be authorised.

| (8) | Certain third countries from which entry into the Union of equidae is authorised requested clarification on the statements on glanders and dourine in certain of the relevant health certificates. Following evaluation of their request it appears justified to adjust the wording of those statements. |
| --- | --- |

(8)

Certain third countries from which entry into the Union of equidae is authorised requested clarification on the statements on glanders and dourine in certain of the relevant health certificates. Following evaluation of their request it appears justified to adjust the wording of those statements.

| (9) | Annexes I, II and III to Implementing Regulation (EU) 2018/659 should therefore be amended accordingly. |
| --- | --- |

(9)

Annexes I, II and III to Implementing Regulation (EU) 2018/659 should therefore be amended accordingly.

| (10) | In order to allow stakeholders to make their arrangements before Implementing Regulation (EU) 2018/659 will apply, it is necessary to provide that this amending Regulation enters into force on the day after the date of its publication. |
| --- | --- |

(10)

In order to allow stakeholders to make their arrangements before Implementing Regulation (EU) 2018/659 will apply, it is necessary to provide that this amending Regulation enters into force on the day after the date of its publication.

| (11) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2018/659 is amended as follows:

| (1) | Annex I is amended in accordance with Annex I to this Regulation. |
| --- | --- |

(1)

Annex I is amended in accordance with Annex I to this Regulation.

| (2) | Annex II is amended in accordance with Annex II to this Regulation. |
| --- | --- |

(2)

Annex II is amended in accordance with Annex II to this Regulation.

| (3) | Annex III is amended in accordance with Annex III to this Regulation. |
| --- | --- |

(3)

Annex III is amended in accordance with Annex III to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 September 2018.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 268, 24.9.1991, p. 56.

1

(2)  
  OJ L 268, 14.9.1992, p. 54.

2

(3)  
  OJ L 192, 23.7.2010, p. 1.

3

(4)  Commission Decision 92/260/EEC of 10 April 1992 on animal health conditions and veterinary certification for temporary admission of registered horses (OJ L 130, 15.5.1992, p. 67).

4

(5)  Commission Decision 93/195/EEC of 2 February 1993 on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export (OJ L 86, 6.4.1993, p. 1).

5

(6)  Commission Decision 93/196/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of equidae for slaughter (OJ L 86, 6.4.1993, p. 7).

6

(7)  Commission Decision 93/197/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production (OJ L 86, 6.4.1993, p. 16).

7

(8)  Commission Decision 94/699/EC of 19 October 1994 providing for less frequent identity and physical checks on the temporary admission of certain equidae from Sweden, Norway and Finland and repealing Decision 93/321/EEC (OJ L 280, 29.10.1994, p. 88).

8

(9)  Commission Decision 2003/13/EC of 10 January 2003 on the temporary admission of horses participating in the pre-Olympic test event in Greece in 2003 (OJ L 7, 11.1.2003, p. 86).

9

(10)  Commission Decision 2004/177/EC of 20 February 2004 on the temporary introduction of registered horses participating in the Olympic Games or the Paralympic Games in Greece in 2004 (OJ L 55, 24.2.2004, p. 64).

10

(11)  Commission Decision 2010/57/EU of 3 February 2010 laying down health guarantees for the transit of equidae being transported through the territories listed in Annex I to Council Directive 97/78/EC (OJ L 32, 4.2.2010, p. 9).

11

(12)  Commission Decision 2010/471/EU of 26 August 2010 on imports into the Union of semen, ova and embryos of animals of the equine species as regards lists of semen collection and storage centres and embryo collection and production teams and certification requirements (OJ L 228, 31.8.2010, p. 52).

12

(13)  Commission Implementing Regulation (EU) 2018/659 of 12 April 2018 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae (OJ L 110, 30.4.2018, p. 1).

13

(14)  Commission Implementing Decision (EU) 2017/1851 of 11 October 2017 amending Annex II(E) to Decision 92/260/EEC as regards the requirements for African horse sickness of registered horses temporarily admitted from Algeria, Kuwait, Morocco, Oman, Qatar, Tunisia and Turkey, and amending Annex I to Decision 2004/211/EC as regards the entry for the United Arab Emirates in the list of third countries and parts thereof from which imports into the Union of live equidae and semen, ova and embryos of the equine species are authorised (OJ L 264, 13.10.2017, p. 20).

14

(15)  Commission Implementing Decision (EU) 2018/218 of 13 February 2018 amending Annex II to Decision 92/260/EEC as regards temporary admission of registered horses from certain parts of China, amending Decision 93/195/EEC as regards animal health and veterinary certification conditions for the re-entry of registered horses for racing, competition and cultural events after temporary export to China, Mexico and the United States of America, and amending Annex I to Decision 2004/211/EC as regards the entries for China, Mexico and Turkey in the list of third countries and parts thereof from which imports into the Union of live equidae and semen, ova and embryos of the equine species are authorised (OJ L 42, 15.2.2018, p. 54).

15

(16)  Commission Implementing Decision (EU) 2018/518 of 26 March 2018 laying down the animal health and veterinary certification conditions for the re-entry of registered horses for competition after temporary export to Indonesia, amending Annex I to Decision 93/195/EEC as regards the entry for Indonesia and amending Annex I to Decision 2004/211/EC as regards the entry for Indonesia in the list of third countries and parts thereof from which imports into the Union of live equidae and semen, ova and embryos of the equine species are authorised (OJ L 84, 28.3.2018, p. 27).

16

(17)  Commission Implementing Decision (EU) 2018/1143 of 10 August 2018 amending Decisions 92/260/EEC and 93/197/EEC as regards the testing for equine viral arteritis (OJ L 207, 16.8.2018, p. 58).

17

---

ANNEX I

In Annex I to Implementing Regulation (EU) 2018/659, the list of third countries and parts of the territory of third countries for the entry into the Union of consignments of equidae and of semen, ova and embryos of equidae is replaced by the following:

‘List of third countries
   (1)
  and parts of the territory of third countries
   (2)
  for the entry into the Union of consignments of equidae and of semen, ova and embryos of equidae

| ISO-Code | Third country | Code of the part of the territory of the third country | Description of the part of the territory of the third country | SG | TA | Re-En | Imports | Imports | Transit | Specific conditions |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| RH | RH | RH | ES | RE + EBP | SEMEN | O/E | Equidae | |
| RH | RE | EBP |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 |
| AE | United Arab Emirates | AE-0 | Whole country | E | X | X | X | — | — | X | — | — | X | X | |
| AR | Argentina | AR-0 | Whole country | D | X | X | X | X | X | X | X | X | X | X | |
| AU | Australia | AU-0 | Whole country | A | X | X | X | X | X | X | X | X | X | X | |
| BA | Bosnia and Herzegovina | BA-0 | Whole country | B | X | X | X | — | — | — | — | — | — | X | |
| BB | Barbados | BB-0 | Whole country | D | X | X | X | — | — | X | — | — | — | X | |
| BH | Bahrain | BH-0 | Whole country | E | X | X | X | — | — | — | — | — | — | X | |
| BM | Bermuda | BM-0 | Whole country | D | X | X | X | — | — | X | — | — | — | X | |
| BO | Bolivia | BO-0 | Whole country | D | X | X | X | — | — | X | — | — | — | X | |
| BR | Brazil | BR-0 | Whole country | — | — | — | — | — | — | — | — | — | — | — | |
| BR-1 | The states of:
  Rio Grande do Sul, Santa Catarina, Mato Grosso do Sul, Distrito Federal and Rio de Janeiro | D | X | X | X | — | — | X | — | — | — | X | |
| BY | Belarus | BY-0 | Whole country | B | X | X | X | X | X | — | — | — | — | X | |
| CA | Canada | CA-0 | Whole country | C | X | X | X | X | X | X | X | X | X | X | |
| CH | Switzerland (1) | CH-0 | Whole country | A | X | X | X | X | X | X | X | X | X | X | |
| CL | Chile | CL-0 | Whole country | D | X | X | X | X | X | — | — | — | — | X | |
| CN | China | CN-0 | Whole country | — | — | — | — | — | — | — | — | — | — | — | |
| CN-1 | The equine disease-free zone in Conghua City, Guangzhou Municipality, Guangdong Province including the Biosecurity Highway Passage from and to the airport in Guangzhou and Hong Kong (see BOX 1 for details) | G | X | X | X | — | — | — | — | — | — | X | |
| CN-2 | The venue for the Global Champions Tour at the Expo 2010 No 15 Parking Lot and the passage to the Shanghai Pudong International Airport in the northern part of the Pudong New area and the Eastern part of the Minhang District of the Metropolitan area of Shanghai (see BOX 1 for details) | G | — | X | — | — | — | — | — | — | — | — | Only if certified in accordance with Chapter 1 of Section B of Part 2 of Annex II |
| CR | Costa Rica | CR-0 | Whole country | — | — | — | — | — | — | — | — | — | — | — | |
| CR-1 | Metropolitan area of San José | D | — | X | — | — | — | — | — | — | — | — | |
| CU | Cuba | CU-0 | Whole country | D | X | X | X | — | — | — | — | — | — | X | |
| DZ | Algeria | DZ-0 | Whole country | E | X | X | X | X | X | — | — | — | — | X | |
| EG | Egypt | EG-0 | Whole country | — | — | — | — | — | — | — | — | — | — | — | |
| EG-1 | The Equine Disease Free Zone established at the Egyptian Armed Forces Veterinary Hospital at El Nasr road, across Al Ahly Club, Cairo, and the highway passage to Cairo International Airport (see BOX 2 for details) | E | X | — | X | — | — | — | — | — | — | X | |
| FK | Falkland Islands | FK-0 | Whole country | A | X | X | X | — | X | — | — | — | — | X | |
| GL | Greenland | GL-0 | Whole country | A | X | X | X | X | X | — | — | — | — | X | |
| HK | Hong Kong | HK-0 | Whole country | G | X | X | X | — | — | — | — | — | — | X | |
| IL | Israel (3) | IL-0 | Whole country | E | X | X | X | X | X | X | X | — | — | X | |
| IS | Iceland (5) | IS-0 | Whole country | A | X | X | X | X | X | X | X | X | — | X | |
| JM | Jamaica | JM-0 | Whole country | D | X | X | X | — | — | — | — | — | — | X | |
| JO | Jordan | JO-0 | Whole country | E | X | X | X | — | — | — | — | — | — | X | |
| JP | Japan | JP-0 | Whole country | G | X | X | X | — | — | — | — | — | — | X | |
| KG | Kyrgyzstan | KG-0 | Whole country | — | — | — | — | — | — | — | — | — | — | — | |
| KG-1 | Region of Issyk-Kul | B | — | — | X | — | — | — | — | — | — | X | |
| KR | Korea Republic | KR-0 | Whole country | G | X | X | X | — | — | — | — | — | — | X | |
| KW | Kuwait | KW-0 | Whole country | E | X | X | X | — | — | X | — | — | — | X | |
| LB | Lebanon | LB-0 | Whole country | E | X | X | X | — | — | — | — | — | — | X | |
| MA | Morocco | MA-0 | Whole country | E | X | X | X | X | X | X | X | X | — | X | |
| ME | Montenegro | ME-0 | Whole country | B | X | X | X | X | X | — | — | — | — | X | |
| MK | fYROM (4) | MK-0 | Whole country | B | X | X | X | X | X | — | — | — | — | X | |
| MO | Macao | MO-0 | Whole country | G | X | X | X | — | — | — | — | — | — | X | |
| MY | Malaysia | MY-0 | Whole country | — | — | — | — | — | — | — | — | — | — | — | |
| MY-1 | Peninsula | G | X | X | X | — | — | | — | — | — | X | |
| MU | Mauritius | MU-0 | Whole country | E | — | — | X | — | — | — | — | — | — | X | |
| MX | Mexico | MX-0 | Whole country | C | — | — | — | — | — | — | — | — | — | — | |
| MX-1 | Metropolitan area of Mexico-City | C | — | X | — | — | — | — | — | — | — | — | Only if certified in accordance with Chapter 1 of Section B of Part 2 of Annex II |
| NO | Norway (5) | NO-1 | Whole country | A | X | X | X | X | X | X | X | X | X | X | |
| NZ | New Zealand | NZ-0 | Whole country | A | X | X | X | X | X | — | — | — | — | X | |
| OM | Oman | OM-0 | Whole country | E | X | X | X | — | — | | — | — | — | X | |
| PE | Peru | PE-0 | Whole country | — | — | — | — | — | — | — | — | — | — | — | |
| PE-1 | Region of Lima | D | X | X | X | — | — | | — | — | — | X | |
| PM | St Pierre & Miquelon | PM-0 | Whole country | A | — | — | X | — | X | — | — | — | — | X | |
| PY | Paraguay | PY-0 | Whole country | D | X | X | X | X | X | — | — | — | — | X | |
| QA | Qatar | QA-0 | Whole country | E | X | X | X | — | — | — | — | — | — | X | |
| RS | Serbia (6) | RS-0 | Whole country | B | X | X | X | X | X | | | | | X | |
| RU | Russia | RU-0 | Whole country | — | — | — | — | — | — | — | — | — | — | — | |
| RU-1 | Provinces of Kaliningrad, Arkhangelsk, Vologda, Murmansk, Leningrad, Novgorod, Pskov, Briansk, Vladimir, Ivanovo, Tver, Kaluga, Kostroma, Moskva, Orjol, Riasan, Smolensk, Tula, Jaroslavl, Nijninovgorod, Kirov, Belgorod, Voronesh, Kursk, Lipezk, Tambov, Astrahan, Volgograd, Penza, Saratov, Uljanovsk, Rostov, Orenburg, Perm and Kurgan | B | X | X | X | X | X | — | — | — | — | X | |
| RU-2 | Regions of Stavropol and Krasnodar | B | X | X | X | X | X | — | — | — | — | X | |
| RU-3 | Republics of Karelia, Marij-El, Mordovia, Chuvachia, Kalmykia, Tatarstan, Dagestan, Kabardino-Balkaria, Severnaya Osetia, Ingushetia and Karachaevo-Cherkesia | B | X | X | X | X | X | — | — | — | — | X | |
| SA | Saudi Arabia | SA-0 | Whole country | — | — | — | — | — | — | — | — | — | — | — | |
| SA-1 | Whole country, except SA-2 | E | X | X | X | — | — | X | — | — | — | X | |
| SA-2 | Protection and surveillance zones in the provinces of Jizan, Asir and Najran as described in BOX 3 | — | — | — | — | — | — | — | — | — | — | — | |
| SG | Singapore | SG-0 | Whole country | G | X | X | X | — | — | — | — | — | — | X | |
| TH | Thailand | TH-0 | Whole country | G | X | X | X | — | — | — | — | — | — | X | |
| TN | Tunisia | TN-0 | Whole country | E | X | X | X | X | X | — | — | — | — | X | |
| TR | Turkey | TR-0 | Whole country | — | — | — | — | — | — | — | — | — | — | — | |
| TR-1 | Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag | E | X | X | X | — | — | X | — | — | — | X | |
| UA | Ukraine | UA-0 | Whole country | B | X | X | X | X | X | X | X | X | — | X | |
| US | United States of America | US-0 | Whole country | C | X | X | X | X | X | X | X | X | X | X | |
| UY | Uruguay | UY-0 | Whole country | D | X | X | X | X | X | X | X | X | — | X | |
| ZA | South Africa | ZA-0 | Whole country | — | — | — | — | — | — | — | — | — | — | — | |
| ZA-1 | Metropolitan area of Cape-Town (see BOX 4 for details) | F | — | — | — | — | — | — | — | — | — | — | Commission Decision 2008/698/EC |

ISO-Code

Third country

Code of the part of the territory of the third country

Description of the part of the territory of the third country

SG

TA

Re-En

Imports

Imports

Transit

Specific conditions

RH

RH

RH

ES

RE + EBP

SEMEN

O/E

Equidae

RH

RE

EBP

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

AE

United Arab Emirates

AE-0

Whole country

E

X

X

X

—

—

X

—

—

X

X

AR

Argentina

AR-0

Whole country

D

X

X

X

X

X

X

X

X

X

X

AU

Australia

AU-0

Whole country

A

X

X

X

X

X

X

X

X

X

X

BA

Bosnia and Herzegovina

BA-0

Whole country

B

X

X

X

—

—

—

—

—

—

X

BB

Barbados

BB-0

Whole country

D

X

X

X

—

—

X

—

—

—

X

BH

Bahrain

BH-0

Whole country

E

X

X

X

—

—

—

—

—

—

X

BM

Bermuda

BM-0

Whole country

D

X

X

X

—

—

X

—

—

—

X

BO

Bolivia

BO-0

Whole country

D

X

X

X

—

—

X

—

—

—

X

BR

Brazil

BR-0

Whole country

—

—

—

—

—

—

—

—

—

—

—

BR-1

The states of:

Rio Grande do Sul, Santa Catarina, Mato Grosso do Sul, Distrito Federal and Rio de Janeiro

D

X

X

X

—

—

X

—

—

—

X

BY

Belarus

BY-0

Whole country

B

X

X

X

X

X

—

—

—

—

X

CA

Canada

CA-0

Whole country

C

X

X

X

X

X

X

X

X

X

X

CH

Switzerland (1)

CH-0

Whole country

A

X

X

X

X

X

X

X

X

X

X

CL

Chile

CL-0

Whole country

D

X

X

X

X

X

—

—

—

—

X

CN

China

CN-0

Whole country

—

—

—

—

—

—

—

—

—

—

—

CN-1

The equine disease-free zone in Conghua City, Guangzhou Municipality, Guangdong Province including the Biosecurity Highway Passage from and to the airport in Guangzhou and Hong Kong (see BOX 1 for details)

G

X

X

X

—

—

—

—

—

—

X

CN-2

The venue for the Global Champions Tour at the Expo 2010 No 15 Parking Lot and the passage to the Shanghai Pudong International Airport in the northern part of the Pudong New area and the Eastern part of the Minhang District of the Metropolitan area of Shanghai (see BOX 1 for details)

G

—

X

—

—

—

—

—

—

—

—

Only if certified in accordance with Chapter 1 of Section B of Part 2 of Annex II

CR

Costa Rica

CR-0

Whole country

—

—

—

—

—

—

—

—

—

—

—

CR-1

Metropolitan area of San José

D

—

X

—

—

—

—

—

—

—

—

CU

Cuba

CU-0

Whole country

D

X

X

X

—

—

—

—

—

—

X

DZ

Algeria

DZ-0

Whole country

E

X

X

X

X

X

—

—

—

—

X

EG

Egypt

EG-0

Whole country

—

—

—

—

—

—

—

—

—

—

—

EG-1

The Equine Disease Free Zone established at the Egyptian Armed Forces Veterinary Hospital at El Nasr road, across Al Ahly Club, Cairo, and the highway passage to Cairo International Airport (see BOX 2 for details)

E

X

—

X

—

—

—

—

—

—

X

FK

Falkland Islands

FK-0

Whole country

A

X

X

X

—

X

—

—

—

—

X

GL

Greenland

GL-0

Whole country

A

X

X

X

X

X

—

—

—

—

X

HK

Hong Kong

HK-0

Whole country

G

X

X

X

—

—

—

—

—

—

X

IL

Israel (3)

IL-0

Whole country

E

X

X

X

X

X

X

X

—

—

X

IS

Iceland (5)

IS-0

Whole country

A

X

X

X

X

X

X

X

X

—

X

JM

Jamaica

JM-0

Whole country

D

X

X

X

—

—

—

—

—

—

X

JO

Jordan

JO-0

Whole country

E

X

X

X

—

—

—

—

—

—

X

JP

Japan

JP-0

Whole country

G

X

X

X

—

—

—

—

—

—

X

KG

Kyrgyzstan

KG-0

Whole country

—

—

—

—

—

—

—

—

—

—

—

KG-1

Region of Issyk-Kul

B

—

—

X

—

—

—

—

—

—

X

KR

Korea Republic

KR-0

Whole country

G

X

X

X

—

—

—

—

—

—

X

KW

Kuwait

KW-0

Whole country

E

X

X

X

—

—

X

—

—

—

X

LB

Lebanon

LB-0

Whole country

E

X

X

X

—

—

—

—

—

—

X

MA

Morocco

MA-0

Whole country

E

X

X

X

X

X

X

X

X

—

X

ME

Montenegro

ME-0

Whole country

B

X

X

X

X

X

—

—

—

—

X

MK

fYROM (4)

MK-0

Whole country

B

X

X

X

X

X

—

—

—

—

X

MO

Macao

MO-0

Whole country

G

X

X

X

—

—

—

—

—

—

X

MY

Malaysia

MY-0

Whole country

—

—

—

—

—

—

—

—

—

—

—

MY-1

Peninsula

G

X

X

X

—

—

—

—

—

X

MU

Mauritius

MU-0

Whole country

E

—

—

X

—

—

—

—

—

—

X

MX

Mexico

MX-0

Whole country

C

—

—

—

—

—

—

—

—

—

—

MX-1

Metropolitan area of Mexico-City

C

—

X

—

—

—

—

—

—

—

—

Only if certified in accordance with Chapter 1 of Section B of Part 2 of Annex II

NO

Norway (5)

NO-1

Whole country

A

X

X

X

X

X

X

X

X

X

X

NZ

New Zealand

NZ-0

Whole country

A

X

X

X

X

X

—

—

—

—

X

OM

Oman

OM-0

Whole country

E

X

X

X

—

—

—

—

—

X

PE

Peru

PE-0

Whole country

—

—

—

—

—

—

—

—

—

—

—

PE-1

Region of Lima

D

X

X

X

—

—

—

—

—

X

PM

St Pierre & Miquelon

PM-0

Whole country

A

—

—

X

—

X

—

—

—

—

X

PY

Paraguay

PY-0

Whole country

D

X

X

X

X

X

—

—

—

—

X

QA

Qatar

QA-0

Whole country

E

X

X

X

—

—

—

—

—

—

X

RS

Serbia (6)

RS-0

Whole country

B

X

X

X

X

X

X

RU

Russia

RU-0

Whole country

—

—

—

—

—

—

—

—

—

—

—

RU-1

Provinces of Kaliningrad, Arkhangelsk, Vologda, Murmansk, Leningrad, Novgorod, Pskov, Briansk, Vladimir, Ivanovo, Tver, Kaluga, Kostroma, Moskva, Orjol, Riasan, Smolensk, Tula, Jaroslavl, Nijninovgorod, Kirov, Belgorod, Voronesh, Kursk, Lipezk, Tambov, Astrahan, Volgograd, Penza, Saratov, Uljanovsk, Rostov, Orenburg, Perm and Kurgan

B

X

X

X

X

X

—

—

—

—

X

RU-2

Regions of Stavropol and Krasnodar

B

X

X

X

X

X

—

—

—

—

X

RU-3

Republics of Karelia, Marij-El, Mordovia, Chuvachia, Kalmykia, Tatarstan, Dagestan, Kabardino-Balkaria, Severnaya Osetia, Ingushetia and Karachaevo-Cherkesia

B

X

X

X

X

X

—

—

—

—

X

SA

Saudi Arabia

SA-0

Whole country

—

—

—

—

—

—

—

—

—

—

—

SA-1

Whole country, except SA-2

E

X

X

X

—

—

X

—

—

—

X

SA-2

Protection and surveillance zones in the provinces of Jizan, Asir and Najran as described in BOX 3

—

—

—

—

—

—

—

—

—

—

—

SG

Singapore

SG-0

Whole country

G

X

X

X

—

—

—

—

—

—

X

TH

Thailand

TH-0

Whole country

G

X

X

X

—

—

—

—

—

—

X

TN

Tunisia

TN-0

Whole country

E

X

X

X

X

X

—

—

—

—

X

TR

Turkey

TR-0

Whole country

—

—

—

—

—

—

—

—

—

—

—

TR-1

Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag

E

X

X

X

—

—

X

—

—

—

X

UA

Ukraine

UA-0

Whole country

B

X

X

X

X

X

X

X

X

—

X

US

United States of America

US-0

Whole country

C

X

X

X

X

X

X

X

X

X

X

UY

Uruguay

UY-0

Whole country

D

X

X

X

X

X

X

X

X

—

X

ZA

South Africa

ZA-0

Whole country

—

—

—

—

—

—

—

—

—

—

—

ZA-1

Metropolitan area of Cape-Town (see BOX 4 for details)

F

—

—

—

—

—

—

—

—

—

—

Commission Decision 2008/698/EC

---

(1)  Without prejudice to specific certification requirements provided for in Decision 2002/309/EC, Euratom of the Council, and of the Commission.

1

(2)  Where official regionalisation applies in accordance with Article 13(2)(a) of Directive 2009/156/EC.

2

(3)  Hereinafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

3

(4)  The former Yugoslav Republic of Macedonia - the definitive nomenclature for this country will be agreed following current negotiations at UN level.

4

(5)  Without prejudice to specific certification requirements provided for in Article 17 of the Agreement on the European Economic Area (OJ L 1, 3.1.1994, p. 3).

5

(6)  Excluding Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.’

6

---

ANNEX II

In Annex II to Implementing Regulation (EU) 2018/659, Parts 1, 2 and 3 are replaced by the following:

‘PART 1

Temporary admission and transit

Section A

Model health certificate and model declaration for the temporary admission of registered horses into the Union for a period of less than 90 days

COUNTRY:

Veterinary certificate to EU

Part I : Details of dispatched consignment

I.1. Consignor

Name

Address

Tel.

I.2. Certificate reference No

I.2.a.

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postcode

Tel.

I.6.

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name Approval number

Address

I.12. Place of destination

Name

Address

Postcode

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification

Documentary references

I.16. Entry BIP in EU

I.17. No(s) of CITES

I.18. Description of animal

I.19. Commodity code (HS code)

01 01

I.20. Quantity

1

I.21.

I.22. Number of packages

I.23. Seal/Container No

I.24.

I.25. Animal certified for:

Registered horse

I.26.

I.27. For import or admission into EU

I.28. Identification of the animal

Species(Scientific name)

Equus caballus

Identification system

Identification number

Age

Sex

COUNTRY

Temporary admission — Registered horse

II.a. Certificate reference number

II.b. Local reference number

Part II: Certification

II. Attestation of animal health and welfare

I, the undersigned official veterinarian, hereby certify, that the animal described in Box I.28.:

— is a registered horse as defined in Article 2(c) of Commission Implementing Regulation (EU) 2018/659;

— was examined today (1) and found free of clinical signs of diseases and of obvious signs of ectoparasite infestation;

— is not intended for slaughter under a national programme of infectious or contagious disease eradication;

— meets the requirements attested in points II.1. to II.5. of this certificate;

— is accompanied by the written declaration, signed by the owner of the animal or the representative of the owner.

II.1. Attestation on third country or part of the territory of third country and holding of dispatch

II.1.1. The animal is dispatched from (insert name of country or part of the territory ofa country), a country or part of the territory of a country, which on the date of issuing this certificate has the Code: (2) and is assigned to Sanitary Group (2);

II.1.2. in the country of dispatch the following diseases are compulsorily notifiable: African horse sickness, dourine (Trypanosoma equiperdum), glanders (Burkholderia mallei), equine encephalomyelitis (of all types including Venezuelan equine encephalomyelitis), equine infectious anaemia, vesicular stomatitis, rabies and anthrax;

II.1.3. the animal is dispatched from a country or part of the territory of a country:

a) which is considered free from African horse sickness in accordance with Directive 2009/156/EC and in which there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness during the period of 2 years prior to the date of dispatch and in which there have been no vaccinations against the disease during the period of 12 months prior to the date of dispatch;

b) in which Venezuelan equine encephalomyelitis has not occurred during the period of 2 years prior to the date of dispatch;

c) in which dourine has not occurred during the period of 6 months prior to the date of dispatch;

d) in which glanders has not occurred during the period of 6 months prior to the date of dispatch;

(3) either [e) in which vesicular stomatitis has not occurred during the period of 6 months prior to the date of dispatch;]

(3) or [e) in which vesicular stomatitis has occurred during the period of 6 months prior to the date of dispatch, and a blood sample taken from the animal on (insert date), within a period of 21 days prior to the date of dispatch, was tested with negative result for antibody to the vesicular stomatitis virus

(3) either [in a virus neutralisation test at a serum dilution of 1 in 32;]]

(3) or [in an ELISA in accordance with the relevant Chapter of the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the OIE;]]

II.1.4. the animal does not come from a holding and to the best of my knowledge for the time periods referred to in points II.1.4.1. to II.1.4.7. was not in contact with animals from holdings, which were subject to prohibition orders for the reasons referred to in points II.1.4.1. to II.1.4.7. and which last for:

COUNTRY

Temporary admission — Registered horse

II.a. Certificate reference number

II.b. Local reference number

(4) [II.1.4.1. in the case of equidae suspected of having contracted dourine,

(3) either [6 months beginning on the date of the last actual or possible contact with an animal suspected of having contracted dourine or infected with Trypanosoma equiperdum;]

(3) and/or [in the case of a stallion, until the animal is castrated;]

(3) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]]

(4) [II.1.4.2. in the case of glanders,

(3) either [6 months beginning on the day on which the equidae suffering from the disease or subjected with positive results to a test for the detection of the causative pathogen Burkholderia mallei or antibodies to that pathogen, were killed and destroyed;]

(3) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been killed and destroyed;]]

II.1.4.3. in the case of equine encephalomyelitis of any type,

(3) either [6 months beginning on the day on which the equidae suffering from the disease have been slaughtered;]

(3) and/or [6 months beginning on the day on which the equidae infected with the virus causing West Nile Fever, Eastern equine encephalomyelitis or Western equine encephalomyelitis have died, been removed from the holding or fully recovered;]

(3) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.4. in the case of equine infectious anaemia, until the date on which, the infected animals having been slaughtered, the remaining equine animals on the holding have shown a negative reaction in an agar gel immunodiffusion test (AGID or Coggins test) carried out on blood samples collected on two occasions 3 months apart;

II.1.4.5. in the case of vesicular stomatitis,

(3) either [6 months following the last case;]

(3) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.6. in the case of rabies, 30 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.4.7. in the case of anthrax, 15 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.5. to the best of my knowledge, during the period of 15 days prior to the date of dispatch the animal has not been in contact with equidae infected or suspected of an infectious or contagious disease.

II.2. Attestation of residence and pre-export isolation

(3) either [II.2.1. During a period of at least 40 days prior to the date of dispatch, the animal has been resident on holdings under veterinary supervision situated in the country or part of the territory of the country of dispatch which is assigned to Sanitary Group A, B, C, D, E or G, and

COUNTRY

Temporary admission — Registered horse

II.a. Certificate reference number

II.b. Local reference number

(3) either [in a Member State of the Union;]]

(3) and/or [in a country or part of the territory of a country with Code: (2) that is authorised for temporary admission into the Union of registered horses, and from which it was imported into the country or part of the territory of the country of dispatch under conditions at least as strict as those required in accordance with the Union legislation for the temporary admission of registered horses from this country or part of the territory of the country directly to the Union, and which is:

(3) either [assigned to the same Sanitary Group (2) as the country or part of the territory of the country of dispatch;]]]

(3) and/or [assigned to Sanitary Group A, B or C;]]]

(3) and/or [China (5) (6), Hong Kong, Japan, Korea, Macao, Malaysia (Peninsula), Singapore, Thailand or the United Arab Emirates;]]]

(3) (7) or [II.2.1. During a period of at least 60 days prior to the date of dispatch, the animal has been resident on holdings under veterinary supervision situated in the country or part of the territory of the country of dispatch which is assigned to Sanitary Group F, or was imported during the 60 days prior to the date of dispatch from a Member State of the Union before entering the vector–protected or vector proof quarantine station in accordance with point II.2.2.;]

(3) (7) either [II.2.2. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group E and

(3) either [has been kept in isolation in the country or part of the territory of the country of dispatch protected from vector insects for a period of at least 40 days prior to the date of dispatch, or since entry into the country or part of the territory of the country of dispatch, if it was imported in accordance with point II.2.1 from a Member State of the Union or a country or part of the territory of a country which is assigned to Sanitary Group A, B, C, D, E or G;]]

(3) or [has been kept in designated premises under official veterinary supervision for a period of at least 40 days prior to the date of dispatch, or since entry into the country or part of the territory of the country of dispatch, if it was imported in accordance with point II.2.1 from a Member State of the Union or a country or part of the territory of a country which is assigned to Sanitary Group A, B, C, D, E or G, and the country or part of the territory of the country of dispatch is recognised by the OIE as officially free of African horse sickness and is not adjacent to a country in which African horse sickness has occurred during the period of 2 years prior to the date of dispatch;]]

(3) (7) or [II.2.2. the animal is dispatched from a country or part of the territory of country which is assigned to Sanitary Group F and was kept:

(3) either [in the approved vector-protected quarantine station of (insert name ofquarantine station) during at least the last 40 days prior to the date of dispatchfrom (insert date) to (insert date), confined to the vector-protected premises at least from two hours prior to sunset until two hours after sunrise and exercise was provided under official veterinary supervision, following the application of insect repellents in combination with an insecticide effective against Culicoides prior to the removal from the stables, and in strict isolation from equidae not being prepared for export under conditions at least as strict as required for the temporary admission or imports into the Union.]]

(3) or [permanently confined in the approved vector-proof quarantine station of (insert name of quarantine station) during the period of at least 14 days prior to the date of dispatch and constant monitoring of the vector protection has proven absence of vectors inside the vector-protected part of the quarantine station.]]

II.3. Attestation of vaccination and health tests

(3) either [II.3.1. The animal was not vaccinated against African horse sickness in the country of dispatch and there is no information suggesting previous vaccination;]

COUNTRY

Temporary admission — Registered horse

II.a. Certificate reference number

II.b. Local reference number

(3) or [II.3.1. The animal was vaccinated against African horse sickness, and this vaccination was carried out:

(3) either [more than 12 months prior to the date of dispatch;]]

(3) or [more than 60 days and less than 12 months prior to the date of admission into the part of the territory of the country referred to in point II.1.3.(a), from where it is dispatched;]]

(3) (7) or [II.3.1. The animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group F and was vaccinated against African horse sickness on (insert date) not more than 24 months and at least 40 days prior to the date of entry in the vector-protected quarantine by administration of a registered vaccine according to manufacturer's instructions which is protective against the circulating serotypes of the African horse sickness virus;]

II.3.2. the animal was not vaccinated against Venezuelan equine encephalomyelitis during the period of 60 days prior to the date of dispatch from

(3) either [a country of which all parts of the territory are free of Venezuelan equine encephalomyelitis for a period of at least 2 years prior to the date of dispatch;]

(3) (7) or [a part of the territory of a country which is assigned to Sanitary Group C or D, which is free of Venezuelan equine encephalomyelitis for a period of at least 2 years prior to the date of dispatch and Venezuelan equine encephalomyelitis occurs in the remaining parts of the territory of the country of dispatch, and

(3) either [is vaccinated against Venezuelan equine encephalomyelitis with a complete primary course and revaccinated according to manufacturer's recommendations not less than 60 days and no more than 12 months prior to the date of dispatch, and was kept in vector-protected quarantine for a period of at least 21 days prior to the date of dispatch, and during that period remained clinically healthy, and its body temperature, taken daily, remained within the normal physiological range, and any equine animal on the same holding which showed a rise in body temperature, taken daily, was subjected to a blood test for virus isolation for Venezuelan equine encephalomyelitis with negative results;]]

(3) or [is not vaccinated against Venezuelan equine encephalomyelitis and was kept in vector-protected quarantine for a period of at least 21 days, and during that period remained clinically healthy, and its body temperature, taken daily, remained within the normal physiological range, and any equine animal on the same holding which showed a rise in body temperature, taken daily, was subjected to a blood test for virus isolation for Venezuelan equine encephalomyelitis with negative results, and the animal to be dispatched was subjected to a diagnostic test for Venezuelan equine encephalomyelitis with negative result conducted on a sample taken not less than 14 days after the date of entry into of the vector-protected quarantine and remained protected from vector insects until dispatch;]]

(3) or [was subjected to a haemagglutination inhibition test for Venezuelan equine encephalomyelitis carried out by the same laboratory on the same day on samplestaken on two occasions with an interval of 21 days on (insert date)and on (insert date), the second of which was taken during a period of 10 days prior to the date of dispatch, without an increase in antibody titre, and a RT-PCR (reverse transcription-polymerasechain reaction) test for the detection of Venezuelan equine encephalomyelitis virus genome, carried out with negative result on a sample taken within 48 hours prior to dispatch, on (insert date), and has been protected from vector attacks from the moment of the RT-PCR sampling until loading for dispatch, by combined use of approved insect repellents and insecticides on the animal and disinsectization of the stable and the means in which it is transported;]]

(3) [II.3.3. the animal is an uncastrated male equine animal older than 180 days, and

(3) either [is dispatched from a country in which equine viral arteritis (EVA) is a compulsorily notifiable disease and has not been officially reported during the period of 6 months prior to the date of dispatch;]]

COUNTRY

Temporary admission — Registered horse

II.a. Certificate reference number

II.b. Local reference number

(3) or [was tested on a blood sample taken on (insert date), within a period of 21 days prior to the date of dispatch, by virus neutralisation test for EVA with negative result at a serum dilution of 1 in 4;]]

(3) or [was tested on an aliquot of its entire semen taken on (insert date), within a period of 21 days prior to the date of dispatch, by virus isolation test, polymerase chain reaction (PCR) or real-time PCR for EVA with negative result;]]

(3) or [was vaccinated against EVA on (insert date) under official veterinary supervision, and re-vaccinated at regular intervals according to the manufacturer’s instructions, with a vaccine approved by the competent authority, and the initial vaccination was carried out:

(3) either [before 1 October 2018, on the day a blood sample was taken that was subsequently tested in a virus neutralisation test for EVA with negative result at a serum dilution of 1in 4;]]]

(3) or [before 1 October 2018, during a period of isolation of not more than 15 days under official veterinary supervision, commencing on the day a blood sample was taken which was tested during that isolation period in a virus neutralisation test for EVA with negative result at a serum dilution of 1 in 4;]]]

(3) or [at the age of 180 to 270 days, during a period of isolation under official veterinary supervision, during which the animal was subjected to a virus neutralisation test for EVA carried out with negative result at a serum dilution of 1 in 4, or carried out on the same day by the same laboratory with stable or declining titres on two blood samples taken at least 10 days apart;]]]

(3) or [after the animal was subjected to a virus neutralisation test for EVA with negative result at a serum dilution of 1 in 4, carried out on a blood sample taken not earlier than 7 days after commencing a period of uninterrupted isolation which lasted until 21 days following vaccination;]]]

(3) or [at the age of 180 to 250 days, after the animal was subjected to a virus neutralisation test for EVA carried out with negative result at a serum dilution of 1 in 4, or carried out on the same day by the same laboratory with stable or declining titres on two blood samples taken at least 14 days apart;]]]

(3) or [was subjected to a virus isolation test, polymerase chain reaction (PCR) or real-time PCR for EVA carried out with negative result on an aliquot of its entire semen collected after the date a blood sample of that animal taken on (insert date), within a period of 6 months prior to the date of dispatch, was tested in a virus neutralisation test for EVA with positive result at a serum dilution of at least 1 in 4;]]

(3) or [has previously tested positive for antibodies against the equine arteritis virus or has been vaccinated against EVA, and

a) within a period of 6 months prior to the date of dispatch, was test mated, on two consecutive days, to at least two mares which were kept in isolation during the 7 days prior to and until at least 28 days after test mating and which were subjected to two serological tests for EVA with negative results at a serum dilution of 1 in 4 on blood samples collected at the time of test mating and at least 28 days after the test mating, and

b) was subjected to a virus neutralisation test for EVA carried out on a blood sample taken within 21 days prior to the date of dispatch on (insert date),

(3) either [with positive result at a serum dilution of at least 1 in 4;]]

(3) or [with negative result at a serum dilution of 1 in 4;]]

(3) or [any requirements for testing for EVA or vaccination against EVA have been waived by Union legislation (insert reference to the applicable Union legal act) on the ground that the animal is temporarily admitted into the Union for participation in the equestrian event specified in that legal act and that the animal is kept separated from other equidae not participating in such event and that any breeding activity, including the collection of semen, is prohibited during the temporary residence in the Union;]]

COUNTRY

Temporary admission — Registered horse

II.a. Certificate reference number

II.b. Local reference number

(3) (7) either [II.3.4. the animal is dispatched from Iceland, which is certified as officially free from equine infectious anaemia, where it was continuously resident since birth, and did not come into contact with equidae which have entered Iceland from other countries;]

(3) or [II.3.4. the animal was subjected with negative result to an agar gel immunodiffusion test (AGID orCoggins test) or to an ELISA for equine infectious anaemia carried out on a blood sample taken on (insert date), this being within

(3) either [a period of 90 days prior to the date of dispatch from a country or part of the territory of a country which is assigned to Sanitary Group A, B, C or G;]]

(3) or [a period of 30 days prior to the date of dispatch from a country or part of the territory of a country which is assigned to Sanitary Group D, E or F;]]

(3) [II.3.5. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group B or E, or from Brazil, China or Thailand, or from a country in which glanders was reported during a period of 3 years prior to the date of dispatch, and was subjected to a complement fixation test for glanders carried out with negative result at a serum dilution of 1 in 5 on a blood sample taken on (insert date), within a period of 30 days prior to the date of dispatch;]

(3) [II.3.6. the animal is an uncastrated male or a female equine animal older than 270 days dispatched from a country or part of the territory of a country which is assigned to Sanitary Group B, D, E or F, or from China or Thailand, or from a country in which dourine was reported during a period of 2 years prior to the date of dispatch, and was subjected to a complement fixation test for dourine carried out with negative result at a serum dilution of 1 in 5 on a blood sample taken on (insert date), within a period of 30 days prior to the date of dispatch, and has not been used for breeding during the period of at least 30 days prior to and after the date the sample was taken;]

(3) (7) [II.3.7. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group C or D, and

(3) either [Western and Eastern equine encephalomyelitis have not been officially reported in the country or part of the territory of the country of dispatch during a period of at least 2 years prior to the date of dispatch;]]

(3) or [the animal was vaccinated with a complete primary course and revaccinated according to manufacturer's instructions within a period of 6 months and at least 30 days prior to the date of dispatch with inactivated vaccine against Western and Eastern equine encephalomyelitis, the last vaccination was applied on (insert date);]]

(3) or [the animal was kept for a period of at least 21 days prior to the date of dispatch in a vector-protected quarantine and during this period was subjected to haemagglutination inhibition tests for Western and Eastern equine encephalomyelitis carried out by the same laboratory on the same day

(3) either [on a sample of blood taken on (insert date), within a period of 10 days prior to the date of dispatch, with negative results;]]]

(3) or [on samples of blood taken on two occasions with an interval of at least21 days on (insert date) and on (insert date), the second of which was taken within a period of 10 days prior to the date of dispatch, without increase in antibody titre and the animal was vaccinated more than 6 months prior to the date of dispatch;]]]

(3) [II.3.8. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group G, or from a country in which Japanese encephalitis has been officially reported in equidae during a period of at least 2 years prior to the date of dispatch and the animal:

(3) either [comes from a holding situated in the centre of an area of at least 30 km radius around that holding where there has been no case of Japanese encephalitis during a period of 21 days prior to the date of dispatch;]]

COUNTRY

Temporary admission — Registered horse

II.a. Certificate reference number

II.b. Local reference number

(3) or [was kept in a vector-protected quarantine during a period of at least 21 days prior to the date of dispatch and during that period the body temperature, taken daily, remained within the normal physiological range, and was subjected

(3) either [to a haemagglutination inhibition or virus neutralisation test for Japanese encephalitis carried out by the same laboratory on the same day onsamples of blood taken on two occasions with an interval of at least 14 days on (insert date) and on (insert date), the second of which was taken within a period of 10 days prior to the date of dispatch, without a more than four-fold increase in antibody titre between thetwo samples, and remained protected from vector insects until dispatch;]]]

(3) or [to a Ig-M capture ELISA test for the detection of antibodies against Japanese encephalitis virus with negative result, carried out on a blood sampletaken not earlier than 7 days after the date the isolation commencedon (insert date), and remained protected from vector insects until dispatch;]]]

(3) or [was vaccinated against Japanese encephalitis with a complete primary course and revaccinated according to manufacturer's recommendations during a period of not less than 21 days and not more than 12 months prior to the date of dispatch;]]

(3) (7) either [II.3.9. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group E, and was subjected to a serological test for African horse sickness as described in Annex IV to Directive 2009/156/EC, which was carried out by the same laboratory on the same day

(3) either [on blood samples taken on two occasions with an interval of between 21 and 30 days,on (insert date) and on (insert date), the second of which was taken within a period of 10 days prior to the date of dispatch:

(3) either [with negative results in each case.]]]

(3) or [with a positive result in the first sample, and

(3) either [the second sample was subsequently tested with negative result in an agent identification test as described in Annex IV to Directive 2009/156/EC.]]]]

(3) or [the two samples were tested without more than a two-fold increase in antibody titre in a virus neutralisation test as described inpoint 2.4 of Chapter 2.5.1. of the OIE Terrestrial Manual for Diagnostic Tests and Vaccines.]]]]

(3) or [on a blood sample taken on (insert date), within a period of 21 days prior to the date of dispatch, and the country or part of the territory of the country of dispatch is recognised by the OIE as officially free of African horse sickness and is not adjacent to a country in which African horse sickness has occurred during the period of2 years prior to the date of dispatch.]]

(3) (7) or [II.3.9. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group F, and

(3) either [was subjected to a serological test for African horse sickness as described in Annex IV to Directive 2009/156/EC, which was carried out by the same laboratory on the same dayon blood samples taken on two occasions with an interval of between 21 and 30 days,on (insert date) and on (insert date), the first sample not taken less than 7 days after introduction into the vector-protected quarantine, the second sample taken within a period of 10 days prior to the date of dispatch,

COUNTRY

Temporary admission — Registered horse

II.a. Certificate reference number

II.b. Local reference number

(3) either [with negative results in each case.]]]

(3) or [with a positive result in the first sample, and

(3) either [the second sample was subsequently tested with negative result in an agent identification test as described in Annex IV to Directive 2009/156/EC.]]]]

(3) or [the two samples were tested without more than a two-fold increase in antibody titre in a virus neutralisation test as described inpoint 2.4 of Chapter 2.5.1. of the OIE Terrestrial Manual for Diagnostic Tests and Vaccines.]]]]

(3) or [was subjected to a serological and an agent identification test for African horse sickness as described in Annex IV to Directive 2009/156/EC, carried out with negative result in each case on a blood sample taken on (insert date) not less than 28 days after the date of introduction into the vector-protected quarantine and within a period of10 days prior to the date of dispatch.]]

(3) or [was subjected to an agent identification test for African horse sickness as described in Annex IV to Directive 2009/156/EC, carried out with negative result on a blood sample taken on (insert date) not less than 14 days after the date of introduction into the vector-proof quarantine and not more than 72 hours before dispatch.]]

II.4. Attestation of the transport conditions

(3) (7) either [II.4.1. The animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group A, B, C, D, E or G and arrangements have been made to transport it directly to the Union, without passing through a market, marshalling or assembly centre and without coming into contact with other equidae not complying with at least the same health requirements as described in this health certificate.]

(3) (7) or [II.4.1. The animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group F and arrangements have been made to transport it directly from the vector-protected quarantine station without coming into contact with other equidae not accompanied by a health certificate either for imports or for temporary admission into the Union

(3) either [to the airport under vector-protected conditions and arrangements have been made for the aircraft to be cleansed and disinfected in advance with a disinfectant officially recognised in the third country of dispatch, and sprayed against vector insects just prior to take off.]]

(3) or [to a sea port in that country or part of the territory of the country under vector-protected conditions and arrangements have been made to transport it on a vessel which is scheduled directly to a port in the Union without calling into a port situated in a country or part of the territory of a country not approved for the entry into the Union of equidae, in stalls which were cleansed and disinfected in advance with a disinfectant officially recognised in the third country of dispatch and sprayed against vector insects just prior to departure.]]

II.4.2. Arrangements have been made and verified to prevent any contact with other equidae not complying with at least the same health requirements as described in this health certificate during the period from certification until dispatch to the Union.

II.4.3. The transport vehicles or containers in which the animal is going to be loaded were cleaned and disinfected before loading with a disinfectant officially recognised in the third country of dispatch and they are so constructed that faeces, urine, litter or fodder cannot escape during transportation.

II.5. Attestation of animal welfare

The animal described in Box I.28. was examined today (1) and found fit to be transported on the intended journey and arrangements were made to protect its health and well-being effectively at all stages of the journey.

COUNTRY

Temporary admission — Registered horse

II.a. Certificate reference number

II.b. Local reference number

Notes:

Part I:

Box I.8.: Provide the code of the country or part of the territory of the country of dispatch as appearing in column 3 of Annex I to Commission Implementing Regulation (EU) 2018/659.

Box I.15.: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) and information is to be provided. In case of unloading and reloading, the consignor must inform the Border Inspection Post of entry into the Union.

Box I.23.: The container number and the seal number (if applicable) should be included.

Box I.28.: Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder etc.) and the anatomic place used on the animal.

If a passport accompanies the animal, its number should be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

Part II:

(1) The certificate must be issued on the day of loading or on the last working day before loading of the animal for dispatch to the Member State of destination in the Union.

The temporary admission of this registered horse shall not be allowed when the animal was loaded either prior to the date of authorisation for temporary admission into the Union from the respective country or part of the territory of the country referred to in point II.1.1., or during a period where restrictive measures have been adopted by the Union against the entry of equidae from this country or this part of the territory of the country of dispatch.

(2) Code of the country or part of the territory of the country and the Sanitary Group as appearing in columns 3 and 5 respectively of Annex I to Commission Implementing Regulation (EU) 2018/659.

(3) Delete as appropriate.

(4) Delete statement if the attestation in point II.1.3. applies to the entire country of dispatch.

(5) Part of the territory of country authorised for temporary admission as appearing in columns 3 and 6 respectively of Annex I to Commission Implementing Regulation (EU) 2018/659.

(6) Only authorised if country of dispatch is assigned to Sanitary Group G.

(7) Statements that relate entirely and exclusively to a Sanitary Group different from the Sanitary Group to which the country of dispatch, or part of its territory, is assigned, may be left out, provided that the numbering of the subsequent statements is maintained.

This health certificate shall:

(a) be drawn up in at least a language understood by the certifying officer and one of the official languages of the Member State of destination and of the Member State where the registered horse will enter Union territory and undergo the veterinary border checks;

(b) be made out to a single consignee;

COUNTRY

Temporary admission — Registered horse

II.a. Certificate reference number

II.b. Local reference number

(c) accompany the registered horse in the original throughout its temporary admission in the Union;

(d) be signed and stamped in a colour different to the colour of the printing;

(e) consist of a single sheet of paper or all sheets of paper required are part of an integrated whole and indivisible by inserting page numbers and total number of pages, and each page shall bear the certificate reference number at the top of the page and those pages are stapled and stamped.

Official veterinarian

Name (in capital letters): Qualification and title:

Date: Signature:

Stamp:

Declaration by the owner or representative of the ownerfor the temporary admission of a registered horse

Identification of the animal (1)

Species (Scientific name)

Equus caballus

Identification system

Identification number

Age

Sex

I, the undersigned owner (2) or representative of the owner (2) of the registered horse described above, hereby declare, that:

— the horse

(2) either [has remained in (insert name of country or part of the territory of a country of dispatch) during a period of at least 40 days prior to the date of dispatch;]

(2) or [entered (insert name of country or part of the territory of a country of dispatch) during the required residence period of at least 40 days prior to the date of dispatch:

(a) on (insert date) from (insert name of country from where horse entered country or part of the territory of country of dispatch)

(b) on (insert date) from (insert name of country from where horse entered country or part of the territory of country of dispatch)

(c) on (insert date) from (insert name of country from where horse entered country or part of the territory of country of dispatch);]

— during the period of 15 days prior to the date of dispatch the horse has not been in contact with animals suffering from infectious or contagious diseases transmissible to equidae;

— the transportation will be effected in such a way that health and well-being of the horse can be protected effectively at all stages of the journey;

— the conditions for residence and pre-export isolation as applicable in accordance with point II.2. of the accompanying health certificate for the country or part of the territory of the country of dispatch are fulfilled;

— the conditions for the transport as applicable in accordance with point II.4. of the accompanying health certificate for the country or part of the territory of the country of dispatch are fulfilled;

— during its residence inside the Union for a period of less than 90 days the horse will be accommodated on the following premises:

(a) from (date) to (date) in (place of holding) in (Member State)

(b) from (date) to (date) in (place of holding) in (Member State)

(c) from (date) to (date) in (place of holding) in (Member State)

(d) from (date) to (date) in (place of holding) in (Member State);

— I am aware that in the event that the horse moves from one Member State of the Union to another Member State, as outlined in this declaration, it must be accompanied by a health certificate issued by an official veterinarian of the Member State of dispatch and that this movement must be notified to the Member State of destination;

— the horse is scheduled to leave the Union on (date) at the border post of (insert name and place of border post of exit);

Name and address of the owner (2) or representative (2):

Date: (dd/mm/yyyy)

(1) Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal.

If a passport accompanies the animal, its number should be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

(2) Delete as appropriate.

Section B

Section B

Model health certificate and model declaration for the transit of live equidae through the Union from one third country or part of the territory of a third country to another third country or another part of the territory of the same third country

COUNTRY:

Veterinary certificate to EU

Part I : Details of dispatched consignment

I.1. Consignor

Name

Address

Tel.

I.2. Certificate reference No

I.2.a.

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postcode

Tel.

I.6. Person responsible for the load in EU

Name

Address

Postcode

Tel.

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name Approval number

Address

I.12.

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification

Documentary references

I.16. Entry BIP in EU

I.17. No(s) of CITES

I.18. Description of animals

I.19. Commodity code (HS code)

01 01

I.20. Quantity

1

I.21.

I.22. Number of packages

I.23. Seal/Container No

I.24.

I.25. Animals certified for:

Registered equidae breeding and production slaughter

I.26. For transit through EU to third country X

Third country ISO code

I.27.

I.28. Identification of the animals

Species(Scientific name)

Identification system

Identification number

Age

Sex

COUNTRY

Transit — Equidae

Part II: Certification

II.a. Certificate reference number

II.b. Local reference number

II. Attestation of animal health and welfare

I, the undersigned official veterinarian, hereby certify, that the equine animal described in Box I.28.:

— was examined today (1) and found free of clinical signs of diseases and of obvious signs of ectoparasite infestation;

— is not intended for slaughter under a national programme of infectious or contagious disease eradication;

— meets the requirements attested in points II.1. to II.5. of this certificate;

— is accompanied by the written declaration, signed by the owner of the animal or the representative of the owner.

II.1. Attestation on third country or part of the territory of third country and holding of dispatch

II.1.1. The animal is dispatched from (insert name of country or part of the territory of acountry), a country or part of the territory of a country, which on the date of issuing this certificate hasthe Code: (2), is assigned to Sanitary Group (2), and is authorised for temporary admission of registered horses or imports of registered horses, registered equidae and equidae for breeding and production;

II.1.2. in the country of dispatch the following diseases are compulsorily notifiable: African horse sickness, dourine (Trypanosoma equiperdum), glanders (Burkholderia mallei), equine encephalomyelitis (of all types including Venezuelan equine encephalomyelitis), equine infectious anaemia, vesicular stomatitis, rabies and anthrax;

II.1.3. the animal is dispatched from a country or part of the territory of a country

a) which is considered free from African horse sickness in accordance with Directive 2009/156/EC and in which there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness during the period of 2 years prior to the date of dispatch and in which there have been no vaccinations against the disease during the period of 12 months prior to the date of dispatch;

b) in which Venezuelan equine encephalomyelitis has not occurred during the period of 2 years prior to the date of dispatch;

c) in which dourine has not occurred during the period of 6 months prior to the date of dispatch;

d) in which glanders has not occurred during the period of 6 months prior to the date of dispatch;

(3) either [e) in which vesicular stomatitis has not occurred during the period of 6 months prior to the date of dispatch;]

(3) or [e) in which vesicular stomatitis has occurred during the period of 6 months prior to the date of dispatch, and a blood sample taken from the animal on (insert date), within a period of 21 days prior to the date of dispatch, was tested with negative result for antibody to the vesicular stomatitis virus

(3) either [in a virus neutralisation test at a serum dilution of 1 in 32;]]

(3) or [in an ELISA in accordance with the relevant Chapter of the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the OIE;]]

II.1.4. the animal does not come from a holding, and to the best of my knowledge for the time periods referred to in points II.1.4.1. to II.1.4.7. was not in contact with animals from holdings, which were subject to prohibition orders for the reasons referred to in points II.1.4.1. to II.1.4.7. and which last for:

COUNTRY

Transit — Equidae

II.a. Certificate reference number

II.b. Local reference number

(4) [II.1.4.1. in the case of equidae suspected of having contracted dourine,

(3) either [6 months beginning on the date of the last actual or possible contact with an animal suspected of having contracted dourine or infected with Trypanosoma equiperdum ;]

(3) and/or [in the case of a stallion, until the animal is castrated;]

(3) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]]

(4) [II.1.4.2. in the case of glanders,

(3) either [6 months beginning on the day on which the equidae suffering from the disease or subjected with positive result to a test for the detection of the causative pathogen Burkholderia mallei or antibodies to that pathogen, were killed and destroyed;]

(3) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been killed and destroyed;]]

II.1.4.3. in the case of equine encephalomyelitis of any type,

(3) either [6 months beginning on the day on which the equidae suffering from the disease have been slaughtered;]

(3) and/or [6 months beginning on the day on which the equidae infected with the virus causing West Nile Fever, Eastern equine encephalomyelitis or Western equine encephalomyelitis have died, been removed from the holding or fully recovered;]

(3) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.4. in the case of equine infectious anaemia, until the date on which, the infected animals having been slaughtered, the remaining animals on the holding have shown a negative reaction in an agar gel immunodiffusion test (AGID or Coggins test) carried out on blood samples collected on two occasions 3 months apart;

II.1.4.5. in the case of vesicular stomatitis,

(3) either [6 months following the last case;]

(3) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.6. in the case of rabies, 30 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.4.7. in the case of anthrax, 15 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.5. to the best of my knowledge, during the period of 15 days prior to the date of dispatch the animal has not been in contact with equidae infected or suspected of an infectious or contagious disease.

II.2. Attestation of residence and pre-export isolation

(3) either [II.2.1. During a period of at least 40 days prior to the date of dispatch, the animal has been resident on holdings under veterinary supervision situated in a country or part of the territory of a country of dispatch which is assigned to Sanitary Group A, B, C, D, E or G and

COUNTRY

Transit — Equidae

II.a. Certificate reference number

II.b. Local reference number

(3) either [in a Member State of the Union;]]

(3) and/or [in a country or part of the territory of country with Code: (2) that is authorised for temporary admission into the Union of registered horses, and from which it was imported into the country or part of the territory of the country of dispatch under conditions at least as strict as those required in accordance with the Union legislation for the temporary admission of registered horses from this country or part of the territory of the country directly to the Union, and which is:

(3) either [assigned to the same Sanitary Group (2) as the country or part of the territory of the country of dispatch;]]]

(3) and/or [assigned to Sanitary Group A, B or C;]]]

(3) and/or [assigned to Sanitary Group D, E or G and the animal is a registered horse as defined in Article 2(c) of Commission Implementing Regulation (EU) 2018/659;]]]

(3) (5) or [II.2.1. During a period of at least 60 days prior to the date of dispatch, the animal has been resident on holdings under veterinary supervision situated in a country or part of the territory of a country of dispatch which is assigned to Sanitary Group F, or was imported during the 60 days prior to the date of dispatch from a Member State of the Union before entering the vector-protected or vector proof quarantine station in accordance with point II.2.2.;]

(3) (5) either [II.2.2. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group E and

(3) either [has been kept in isolation in the country or part of the territory of the country of dispatch protected from vector insects for a period of at least 40 days prior to the date of dispatch, or since entry into the country or part of the territory of the country of dispatch, if it was imported in accordance withpoint II.2.1 from a Member State of the Union or a country or part of the territory of a country which is assigned to Sanitary Group A, B, C, D, E or G;]]

(3) or [has been kept in designated premises under official veterinary supervision for a period of at least40 days prior to the date of dispatch, or since entry into the country or part of the territory of the country of dispatch, if it was imported in accordance with point II.2.1 from a Member State of the Union or a country or part of the territory of a country which is assigned to Sanitary Group A, B, C, D, E or G, and the country or part of the territory of the country of dispatch is recognised by the OIE as officially free of African horse sickness and is not adjacent to a country in which African horse sickness has occurred during the period of 2 years prior to the date of dispatch;]]

(3) (5) or [II.2.2. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group F and was kept

(3) either [in the approved vector-protected quarantine station of (insert name of quarantine station) during the 40 days prior to the date of dispatch from (insert date) to (insert date), confined to the vector-protected premises at least from two hours prior to sunset until two hours after sunrise and exercise was provided under official veterinary supervision, following the application of insect repellents in combination with an insecticide effective against Culicoides prior to the removal from the stables, and in strict isolation from equidae not being prepared for export to the Union under conditions at least as strict as required for the temporary admission or imports into the Union.]]

(3) or [permanently confined in the approved vector-proof quarantine station of (insert name of quarantine station) during the period of at least 14 days prior to the date of dispatch and constant monitoring of the vector protection has proven absence of vectors inside the vector-protected part of the quarantine station.]]

II.3. Attestation of vaccination and health tests

(3) either [II.3.1. The animal was not vaccinated against African horse sickness in the country of dispatch and there is no information suggesting previous vaccination;]

COUNTRY

Transit — Equidae

II.a. Certificate reference number

II.b. Local reference number

(3) or [II.3.1. The animal was vaccinated against African horse sickness, and this vaccination was carried out

(3) either [more than 12 months prior to the date of dispatch;]]

(3) or [more than 60 days and less than 12 months prior to the date of admission into the part of the territory of the country referred to in point II.1.3.(a), from where it is dispatched;]]

(3) (5) or [II.3.1. The animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group F and was vaccinated against African horse sickness on (insert date) not more than 24 months and at least 40 days prior to the date of entry in the vector-protected quarantine by administration of a registered vaccine according to manufacturer's instructions which is protective against the circulating serotypes of the African horse sickness virus;]

II.3.2. the animal was not vaccinated against Venezuelan equine encephalomyelitis during the period of 60 days prior to the date of dispatch from

(3) either [a country of which all parts of the territory are free of Venezuelan equine encephalomyelitis for a period of at least 2 years prior to the date of dispatch;]

(3) (5) or [a part of the territory of a country which is assigned to Sanitary Group C or D which is free of Venezuelan equine encephalomyelitis for a period of at least 2 years prior to the date of dispatch and Venezuelan equine encephalomyelitis occurs in the remaining parts of the territory of the country of dispatch, and

(3) either [is vaccinated against Venezuelan equine encephalomyelitis with a complete primary course and revaccinated according to manufacturer's recommendations not less than60 days and no more than 12 months prior to the date of dispatch, and was kept in vector-protected quarantine for a period of at least 21 days prior to the date of dispatch, and during that period remained clinically healthy, and its body temperature, taken daily, remained within the normal physiological range, and any equine animal on the same holding which showed a rise in body temperature, taken daily, was subjected to a blood test for virus isolation for Venezuelan equine encephalomyelitis with negative results;]]

(3) or [is not vaccinated against Venezuelan equine encephalomyelitis and was kept in vector-protected quarantine for a period of at least 21 days, and during that period remained clinically healthy, and its body temperature, taken daily, remained within the normal physiological range, and any equine animal on the same holding which showed a rise in body temperature, taken daily, was subjected to a blood test for virus isolation for Venezuelan equine encephalomyelitis with negative results, and the animal to be dispatched was subjected to a diagnostic test for Venezuelan equine encephalomyelitis with negative result conducted on a sample taken not less than 14 days after the date of entry into vector-protected quarantine and remained protected from vector insects until dispatch;]]

(3) or [was subjected to a haemagglutination inhibition test for Venezuelan equine encephalomyelitis carried out by the same laboratory on the same day on samples taken on two occasions with an interval of 21 days on (insert date) and on (insert date), the second of which was taken during a period of 10 days prior to the date of dispatch, without an increase in the antibody titre, and a RT-PCR (reverse transcription-polymerase chain reaction) test for the detection of Venezuelan equine encephalomyelitis virus genome, carried out with negative result on a sampletaken within 48 hours prior to dispatch, on (insert date), and has been protected from vector attacks from the moment of the RT-PCR sampling until loading for dispatch, by combined use of approved insect repellents and insecticides on the horse and disinsectization of the stable and the means in which it is transported;]]

(3) (5) either [II.3.3. the animal is dispatched from Iceland, which is certified as officially free from equine infectious anaemia, where it was continuously resident since birth and did not come into contact with equidae which have entered Iceland from other countries;]

COUNTRY

Transit — Equidae

II.a. Certificate reference number

II.b. Local reference number

(3) or [II.3.3. the animal was subjected with negative result to an agar gel immunodiffusion test (AGID orCoggins test) or to an ELISA for equine infectious anaemia carried out on a blood sample taken on (insert date), this being within

(3) either [a period of 90 days prior to the date of dispatch;]]

(3) or [a period of 30 days prior to the date of dispatch from a country or part of the territory of a country which is assigned to Sanitary Group D, E or F;]]

(3) [II.3.4. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group B or E, or from Brazil, China or Thailand, or from a country in which glanders was reported during a period of 3 years prior to the date of dispatch, and was subjected to a complement fixation test for glanders carried out with negative result at a serum dilution of 1 in 5 on a blood sample taken on (insert date), within a period 30 days prior to the date of dispatch;]

(3) (5) [II.3.5. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group C or D, and

(3) either [Western and Eastern equine encephalomyelitis have not been officially reported in the country or part of the territory of the country of dispatch during a period of at least 2 years prior to the date of dispatch;]]

(3) or [the animal was vaccinated with a complete primary course and revaccinated according to manufacturer's instructions within a period of 6 months and at least 30 days prior to the date of dispatch with inactivated vaccine against Western and Eastern equine encephalomyelitis, the last vaccination was applied on (insert date);]]

(3) or [the animal was kept for a period of at least 21 days prior to the date of dispatch in a vector-protected quarantine and during this period was subjected to haemagglutination inhibition tests for Western and Eastern equine encephalomyelitis carried out by the same laboratory on the same day

(3) either [on a sample of blood taken on (insert date), within a period of 10 days prior to the date of dispatch, with negative results;]]

(3) or [on samples of blood taken on two occasions with an interval of at least21 days on (insert date) and on (insert date), the second of which was taken within a period of 10 days prior to the date of dispatch, without increase in antibody titre and the animal was vaccinated more than 6 months prior to the date of dispatch;]]

(3) [II.3.6. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group G, or from a country in which Japanese encephalitis has been officially reported in equidae during a period of at least 2 years prior to the date of dispatch, and the animal

(3) either [comes from a holding situated in the centre of an area of at least 30 km radius around that holding where there has been no case of Japanese encephalitis during a period of 21 days prior to the date of dispatch;]]

(3) or [was kept in a vector-protected quarantine during a period of at least 21 days prior to the date of dispatch, and during that period the body temperature, taken daily, remained within the normal physiological range, and was subjected

(3) either [to a haemagglutination inhibition or virus neutralisation test for Japanese encephalitis carried out by the same laboratory on the same day onsamples of blood taken on two occasions with an interval of at least 14 days on (insert date) and on (insert date), the second of which was taken within a period of 10 days prior to the date of dispatch, without a more than four-fold increase in antibody titre between the two samples, and remained protected from vector insects until dispatch;]]]

COUNTRY

Transit — Equidae

II.a. Certificate reference number

II.b. Local reference number

(3) or [to a Ig-M capture ELISA test for the detection of antibodies againstJapanese encephalitis virus with negative result, carried out on a blood sampletaken not earlier than 7 days after the date the isolation commencedon (insert date), and remained protected from vector insects until dispatch;]]]

(3) or [was vaccinated against Japanese encephalitis with a complete primary course and revaccinated according to manufacturer's recommendations during a period of not less than 21 days and not more than 12 months prior to the date of dispatch;]]

(3) (5) either [II.3.7. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group E and was subjected to a serological test for African horse sickness as described in Annex IV to Directive 2009/156/EC, which was carried out by the same laboratory on the same day

(3) either [on blood samples taken on two occasions with an interval of between 21 and 30 days, on (insert date) and on (insert date), the second of which was taken within a period of 10 days prior to the date of dispatch

(3) either [with negative results in each case.]]]

(3) or [with a positive result in the first sample, and

(3) either [the second sample was subsequently tested with negative result in an agent identification test as described in Annex IV to Directive 2009/156/EC.]]]]

(3) or [the two samples were tested without more than a two-fold increase in antibody titre in a virus neutralisation test as described inpoint 2.4 of Chapter 2.5.1. of the OIE Terrestrial Manual for Diagnostic Tests and Vaccines.]]]]

(3) or [on a blood sample taken on (insert date), within a period of21 days prior to the date of dispatch, and the country or part of the territory of the country of dispatch is recognised by the OIE as officially free of African horse sickness and is not adjacent to a country or part of the territory of a country in which African horse sickness has occurred during the period of 2 years prior to the date of dispatch.]]]

(3) (5) or [II.3.7. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group F, and

(3) either [was subjected to a serological test for African horse sickness as described in Annex IV to Directive 2009/156/EC, which was carried out by the same laboratory on the sameday on blood samples taken on two occasions with an interval of between 21 and 30 days, on (insert date) and on (insert date), the first sample not taken less than 7 days after introduction into the vector-protected quarantine, the second sample taken within a period of 10 days prior to the date of dispatch,

(3) either [with negative results in each case.]]]

(3) or [with a positive result in the first sample, and

(3) either [the second sample was subsequently tested with negative result in an agent identification test as described in Annex IV to Directive 2009/156/EC.]]]]

(3) or [the two samples were tested without more than a two-fold increase in antibody titre in a virus neutralisation test as described inpoint 2.4 of Chapter 2.5.1. of the OIE Terrestrial Manual for Diagnostic Tests and Vaccines.]]]]

COUNTRY

Transit — Equidae

II.a. Certificate reference number

II.b. Local reference number

(3) or [was subjected to a serological and an agent identification test for African horse sickness as described in Annex IV to Directive 2009/156/EC, carried out with negative result in each case on a blood sample taken on (insert date) not less than 28 days after the date of introduction into the vector-protected quarantine and within a period of10 days prior to the date of dispatch.]]

(3) or [was subjected to an agent identification test for African horse sickness as described in Annex IV to Directive 2009/156/EC, carried out with negative result on a blood sample taken on (insert date) not less than 14 days after the date of introduction into the vector-protected quarantine and not more than 72 hours before dispatch.]]

II.4. Attestation of the transport conditions

(3) (5) either [II.4.1. The animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group A, B, C, D, E or G and arrangements have been made to transport it directly to the Union, without passing through a market, marshalling or assembly centre and without coming into contact with other equidae not complying with at least the same health requirements as described in this health certificate.]

(3) (5) or [II.4.1. The animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group F and arrangements have been made to transport it directly from the vector-protected quarantine station without coming into contact with other equidae not accompanied by a health certificate either for imports or for temporary admission into the Union or for transit through the Union

(3) either [to the airport under vector-protected conditions and arrangements have been made for the aircraft to be cleansed and disinfected in advance with a disinfectant officially recognised in the third country of dispatch, and sprayed against vector insects just prior to take off.]]

(3) or [to a sea port in that country or part of the territory of the country under vector-protected conditions and arrangements have been made to transport it on a vessel which is scheduled directly to a port in the Union without calling into a port situated in a country or part of the territory of a country not approved for the entry into the Union of equidae, in stalls which were cleansed and disinfected in advance with a disinfectant officially recognised in the third country of dispatch and sprayed against vector insects just prior to departure.]]

II.4.2. Arrangements have been made and verified to prevent any contact with other equidae not complying with at least the same health requirements as described in this health certificate during the period from certification until dispatch to the Union.

II.4.3. The transport vehicles or containers in which the animal is going to be loaded were cleaned and disinfected before loading with a disinfectant officially recognised in the third country of dispatch and they are so constructed that faeces, urine, litter or fodder cannot escape during transportation.

II.4.4 The equine animal is proceeding to (insert country of destination outside the Union). Arrangements have been made and the necessary animal health conditions certified to ensure that the animal transits the Union without delay.

II.5. Attestation of animal welfare

The animal described in Box I.28. was examined today (1) and found fit to be transported on the intended journey and arrangements were made to protect its health and well-being effectively at all stages of the journey.

Notes:

Part I:

Box I.6.: Person responsible for the load in Union.

COUNTRY

Transit — Equidae

II.a. Certificate reference number

II.b. Local reference number

Box I.8.: Provide the code of the country or part of the territory of the country of dispatch as appearing in column 3 of Annex I to Commission Implementing Regulation (EU) 2018/659.

Box I.15.: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) and information is to be provided. In case of unloading and reloading, the consignor must inform the Border Inspection Post of entry into the Union.

Box I.23.: The container number and the seal number (if applicable) should be included.

Box I.28.: Species: Select amongst: Equus caballus, Equus asinus, Equus africanus, Equus hemionus, Equus kiang, Equus quagga, Equus zebra, Equus grevyi, or indicate any cross between those

Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal.

If a passport accompanies the animal, its number should be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

Part II:

(1) The certificate must be issued on the day of loading or in the case of a registered horse on the last working day before loading of the animal for dispatch to the Member State of destination in the Union.

The entry into the Union of these animals shall not be allowed when the animals were loaded either prior to the date of authorisation for transit through the Union from the respective country or part of the territory of the country referred to in point II.1.1., or during a period where restrictive measures have been adopted by the Union against the entry of equidae from this country or this part of the territory of the country of dispatch.

(2) Code of the country or part of the territory of the country of dispatch, and the Sanitary Group as appearing in columns 3 and 5 respectively of Annex I to Commission Implementing Regulation (EU) 2018/659.

(3) Delete as appropriate.

(4) Delete statement if the attestation in point II.1.3. applies to the entire country of dispatch.

(5) Statements that relate entirely and exclusively to a Sanitary Group different from the Sanitary Group to which the country of dispatch, or part of its territory, is assigned, may be left out, provided that the numbering of the subsequent statements is maintained.

This health certificate shall:

(a) be drawn up in at least a language understood by the certifying officer and one of the official languages of the Member State of destination and of the Member State where the animal will enter the Union territory and undergo the veterinary border checks;

(b) be made out to a single consignee;

(c) be signed and stamped in a colour different to the colour of the printing;

(d) consist of a single sheet of paper or all sheets of paper required are part of an integrated whole and indivisible by inserting page numbers and total number of pages, and each page shall bear the certificate reference number at the top of the page and those pages are stapled and stamped.

Official veterinarian

Name (in capital letters): Qualification and title:

Date: Signature:

Stamp:

Declaration by the owner or representative of the ownerfor transit through the Union of an equine animal

Identification of the animal (1)

Species (Scientific name)

Identification system

Identification number

Age

Sex

I, the undersigned owner (2) or representative of the owner (2) of the animal described above, hereby declare, that:

— the animal

(2) either [has remained in (insert name of country or part of the territory of a country of dispatch) during a period of at least 40 days prior to the date of dispatch;]

(2) or [entered (insert name of country or part of the territory of a country of dispatch) during the required residence period of at least 40 days prior to the date of dispatch:

(a) on (insert date) from (insert name of country from where animal entered country or part of the territory of country of dispatch)

(b) on (insert date) from (insert name of country from where animal entered country or part of the territory of country of dispatch)

(c) on (insert date) from (insert name of country from where animal entered country or part of the territory of country of dispatch);]

— during the period of 15 days prior to the date of dispatch the animal has not been in contact with animals suffering from infectious or contagious diseases transmissible to equidae;

— the conditions for residence and pre-export isolation as applicable in accordance with point II.2. of the accompanying health certificate for the country or part of the territory of the country of dispatch are fulfilled;

— the conditions for the transport as applicable in accordance with point II.4. of the accompanying health certificate for the country or part of the territory of the country of dispatch are fulfilled;

— the transportation will be effected in such a way that health and well-being of the animal can be protected effectively at all stages of the journey;

— the animal is scheduled to leave the Union on (insert date) at the border post of (insert name and place of border post of exit);

Name and address of the owner (2) or representative (2):

Date: (dd/mm/yyyy)

(1) Species: Select amongst: Equus caballus, Equus asinus, Equus africanus, Equus hemionus, Equus kiang, Equus quagga, Equus zebra, Equus grevyi, or indicate any cross between those.

Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal.

If a passport accompanies the animal, its number should be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

(2) Delete as appropriate.

PART 2

Re-entry after temporary export

Re-entry after temporary export

Section A

Section A

Model health certificate and model declaration for the re-entry into the Union of registered horses for racing, competition and cultural events after temporary export for a period of not more than 30 days

COUNTRY:

Veterinary certificate to EU

Part I : Details of dispatched consignment

I.1. Consignor

Name

Address

Tel.

I.2. Certificate reference No

I.2.a.

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postcode

Tel.

I.6.

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name Approval number

Address

I.12. Place of destination

Name

Address

Postcode

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification

Documentary references

I.16. Entry BIP in EU

I.17. No(s) of CITES

I.18. Description of animal

I.19. Commodity code (HS code)

01 01

I.20. Quantity

1

I.21.

I.22. Number of packages

I.23. Seal/Container No

I.24.

I.25. Animal certified for:

Registered horse

I.26.

I.27. For import or admission into EU

I.28. Identification of the animal

Species(Scientific name)

Equus caballus

Identification system

Identification number

Age

Sex

COUNTRY

Re-entry after temporary export of not more than 30 days

Registered horse

Part II: Certification

II.a. Certificate reference number

II.b. Local reference number

II. Attestation of animal health and welfare

I, the undersigned official veterinarian, hereby certify, that the animal described in Box I.28.:

— is a registered horse as defined in Article 2(c) of Commission Implementing Regulation (EU) 2018/659;

— was examined today (1) and found free of clinical signs of diseases and of obvious signs of ectoparasite infestation;

— is not intended for slaughter under a national programme of infectious or contagious disease eradication;

— meets the requirements attested in points II.1. to II.3. of this certificate;

— is accompanied by the written declaration, signed by the owner of the horse or the representative of the owner.

II.1. Attestation on third country or part of the territory of third country and holding of dispatch

II.1.1. The animal is dispatched from (insert name of country or part of the territory of a country), a country or part of the territory of a country which on the date of issuing this certificate has the Code: (2) and is assigned to Sanitary Group (2);

II.1.2. in the country of dispatch the following diseases are compulsorily notifiable: African horse sickness, dourine (Trypanosoma equiperdum), glanders (Burkholderia mallei), equine encephalomyelitis (of all types including Venezuelan equine encephalomyelitis), equine infectious anaemia, vesicular stomatitis, rabies and anthrax;

II.1.3. the animal is dispatched from a country or part of the territory of a country:

a) which is considered free from African horse sickness in accordance with Directive 2009/156/EC and in which there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness during the period of 2 years prior to the date of dispatch and in which there have been no vaccinations against the disease during the period of 12 months prior to the date of dispatch;

b) in which Venezuelan equine encephalomyelitis has not occurred during the period of 2 years prior to the date of dispatch;

c) in which dourine has not occurred during the period of 6 months prior to the date of dispatch;

d) in which glanders has not occurred during the period of 6 months prior to the date of dispatch;

II.1.4. the animal does not come from a holding, and to the best of my knowledge for the time periods referred to in points II.1.4.1. to II.1.4.7. was not in contact with animals from holdings, which were subject to prohibition orders for the reasons referred to in points II.1.4.1. to II.1.4.7. and which last for:

(3) [II.1.4.1. in the case of equidae suspected of having contracted dourine,

(4) either [6 months beginning on the date of the last actual or possible contact with an animal suspected of having contracted dourine or infected with Trypanosoma equiperdum;]

(4) and/or [in the case of a stallion, until the animal is castrated;]

(4) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]]

COUNTRY

Re-entry after temporary export of not more than 30 days

Registered horse

II.a. Certificate reference number

II.b. Local reference number

(3) [II.1.4.2. in the case of glanders,

(4) either [6 months beginning on the day on which the equidae suffering from the disease or subjected with positive results to a test for the detection of the causative pathogen Burkholderia mallei or antibodies to that pathogen, were killed and destroyed;]

(4) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been killed and destroyed;]]

II.1.4.3. in the case of equine encephalomyelitis of any type,

(4) either [6 months beginning on the day on which the equidae suffering from the disease have been slaughtered;]

(4) and/or [6 months beginning on the day on which the equidae infected with the virus causing West Nile Fever, Eastern equine encephalomyelitis or Western equine encephalomyelitis have died, been removed from the holding or fully recovered;]

(4) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.4. in the case of equine infectious anaemia, until the date on which, the infected animals having been slaughtered, the remaining equine animals on the holding have shown a negative reaction in an agar gel immunodiffusion test (AGID or Coggins test) carried out on blood samples collected ontwo occasions 3 months apart;

II.1.4.5. in the case of vesicular stomatitis,

(4) either [6 months following the last case;]

(4) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.6. in the case of rabies, 30 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.4.7. in the case of anthrax, 15 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.5. to the best of my knowledge, during the period of 15 days prior to the date of dispatch the animal has not been in contact with equidae infected or suspected of an infectious or contagious disease.

II.2. Attestation of residence and pre-export isolation

II.2.1. The animal was imported on (insert date)

(4) either [directly from the EU Member State (insert name of EU Member State);]

(4) or [from a country or part of the territory of a country (insert name of country) under conditions at least as strict as those set out in this certificate;]

II.2.2. the animal exited from the Union less than 30 days ago, and since exit from the Union it was never in a country or part of the territory of a country (1) other than those of the same Sanitary Group, and resident on holdings under veterinary supervision, accommodated in separated stables without coming into contact with equidae of lower health status, except during racing, competition or the cultural event.

II.3. Attestation of animal welfare

The animal described in Box I.28. was examined today(1) and found fit to be transported on the intended journey and arrangements were made to protect its health and well-being effectively at all stages of the journey.

COUNTRY

Re-entry after temporary export of not more than 30 days

Registered horse

II.a. Certificate reference number

II.b. Local reference number

Notes:

Part I:

Box I.8.: Provide the code of the country or part of the territory of the country as appearing in column 3 of Annex I to Commission Implementing Regulation (EU) 2018/659.

Box I.15.: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) and information is to be provided. In case of unloading and reloading, the consignor must inform the Border Inspection Post of entry into the Union.

Box I.23.: The container number and the seal number (if applicable) should be included.

Box I.28.: Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal. The number of the accompanying passport must be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

Part II:

(1) The certificate must be issued on the day of loading or on the last working day before loading of the animal for dispatch to the Member State of destination in the Union.

The re-entry after temporary export of this registered horse shall not be allowed when the animal was loaded either prior to the date of authorisation for re-entry into the Union from the respective country or the part of the territory of the country referred to in point II.1.1., or during a period where restrictive measures have been adopted by the Union against the entry of live equidae from this country or this part of the territory of the country of dispatch.

(2) Code of the country or part of the territory of the country and the Sanitary Group as appearing in columns 3 and 5 respectively of Annex I to Commission Implementing Regulation (EU) 2018/659.

(3) Delete statement if the attestation in point II.1.3. applies to the entire country of dispatch.

(4) Delete as appropriate.

This health certificate shall:

(a) be drawn up in at least a language understood by the certifying officer and one of the official languages of the Member State of destination and of the Member State where the registered horse will enter the Union territory and undergo the veterinary border checks;

(b) be made out to a single consignee;

(c) be signed and stamped in a colour different to the colour of the printing;

(d) consist of a single sheet of paper or all sheets of paper required are part of an integrated whole and indivisible by inserting page numbers and total number of pages, and each page shall bear the certificate reference number at the top of the page and those pages are stapled and stamped.

Official veterinarian

Name (in capital letters): Qualification and title:

Date: Signature:

Stamp:

Declaration by the owner or representative of the ownerfor the re-entry after temporary export of a registered horsefor racing, competition and cultural events

Identification of the animal (1)

Species (Scientific name)

Equus caballus

Identification system

Identification number

Age

Sex

I, the undersigned owner (2) or representative of the owner (2) of the registered horse described above, hereby declare, that:

— the horse

(2) either [was temporarily exported from the Union to the country of dispatch on (insert date) less than 30 days prior to this declaration;]

(2) or [entered the country of dispatch on (insert date) from (insert name of country from where horse entered country of dispatch);]

— during the period of 15 days prior to the date of dispatch the horse has not been in contact with animals suffering from infectious or contagious diseases transmissible to equidae;

— the transportation will be effected in such a way that health and well-being of the horse can be protected effectively at all stages of the journey;

— the conditions for residence and pre-export isolation as applicable in accordance with point II.2. of the accompanying health certificate for the country or part of the territory of the country of dispatch are fulfilled.

Name and address of the owner (2) or representative (2):

Date: (dd/mm/yyyy)

(1) Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal.

If a passport accompanies the animal, its number should be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

(2) Delete as appropriate.

Section B

Section B

Model health certificates and model declarations applicable to re-entry into the Union of registered horses temporarily exported for specific competitions or races

Chapter 1

Chapter 1

Model health certificate and model declaration applicable to re-entry into the Union of registered horses for competition after temporary export for a period of not more than 90 days to participate in equestrian events organised under the auspices of the Fédération Equestre Internationale (FEI)

(Test event in preparation of the Olympic Games, Olympic Games, Paralympics, World Equestrian Games, Asian Equestrian Games, American Equestrian Games, Endurance World Cup in United Arab Emirates)

COUNTRY:

Veterinary certificate to EU

Part I : Details of dispatched consignment

I.1. Consignor

Name

Address

Tel.

I.2. Certificate reference No

I.2.a.

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postcode

Tel.

I.6.

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name Approval number

Address

I.12. Place of destination

Name

Address

Postcode

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification

Documentary references

I.16. Entry BIP in EU

I.17. No(s) of CITES

I.18. Description of animal

I.19. Commodity code (HS code)

01 01

I.20. Quantity

1

I.21.

I.22. Number of packages

I.23. Seal/Container No

I.24.

I.25. Animal certified for:

Registered horse

I.26.

I.27. For import or admission into EU

I.28. Identification of the animal

Species(Scientific name)

Equus caballus

Identification system

Identification number

Age

Sex

COUNTRY

Re-entry after temporary export of not more than 90 days

Specific competitions — Registered horse

Part II: Certification

II.a. Certificate reference number

II.b. Local reference number

II. Attestation of animal health and welfare

I, the undersigned official veterinarian, hereby certify, that the animal described in Box I.28.:

— is a registered horse as defined in Article 2(c) of Commission Implementing Regulation (EU) 2018/659;

— was examined today (1) and found free of clinical signs of diseases and of obvious signs of ectoparasite infestation;

— is not intended for slaughter under a national programme of infectious or contagious disease eradication;

— meets the requirements attested in points II.1. to II.3. of this certificate;

— is accompanied by the written declaration, signed by the owner of the horse, or the representative of the owner.

II.1. Attestation on third country or part of the territory of third country and holding of dispatch

II.1.1. The animal is dispatched from (insert name of country or part of the territory of a country), a country or part of the territory of a country which on the date of issuing this certificate has the Code: (2) and is assigned to Sanitary Group (2);

II.1.2. in the country of dispatch the following diseases are compulsorily notifiable: African horse sickness, dourine (Trypanosoma equiperdum), glanders (Burkholderia mallei), equine encephalomyelitis (of all types including Venezuelan equine encephalomyelitis), equine infectious anaemia, vesicular stomatitis, rabies and anthrax;

II.1.3. the animal is dispatched from a country or part of the territory of a country:

a) which is considered free from African horse sickness in accordance with Directive 2009/156/EC and in which there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness during the period of 2 years prior to the date of dispatch and in which there have been no vaccinations against the disease during the period of 12 months prior to the date of dispatch;

b) in which Venezuelan equine encephalomyelitis has not occurred during the period of 2 years prior to the date of dispatch;

c) in which dourine has not occurred during the period of 6 months prior to the date of dispatch;

d) in which glanders has not occurred during the period of 6 months prior to the date of dispatch;

II.1.4. the animal does not come from a holding, and to the best of my knowledge for the time periods referred to in points II.1.4.1. to II.1.4.7. was not in contact with animals from holdings, which were subject to prohibition orders for the reasons referred to in points II.1.4.1. to II.1.4.7. and which last for:

(3) [II.1.4.1. in the case of equidae suspected of having contracted dourine,

(4) either [6 months beginning on the date of the last actual or possible contact with an animal suspected of having contracted dourine or infected with Trypanosoma equiperdum;]

(4) and/or [in the case of a stallion, until the animal is castrated;]

(4) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]]

COUNTRY

Re-entry after temporary export of not more than 90 days

Specific competitions — Registered horse

II.a. Certificate reference number

II.b. Local reference number

(3) [II.1.4.2. in the case of glanders,

(4) either [6 months beginning on the day on which the equidae suffering from the disease or subjected with positive results to a test for the detection of the causative pathogen Burkholderia mallei or antibodies to that pathogen, were killed and destroyed;]

(4) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been killed and destroyed;]]

II.1.4.3. in the case of equine encephalomyelitis of any type,

(4) either [6 months beginning on the day on which the equidae suffering from the disease have been slaughtered;]

(4) and/or [6 months beginning on the day on which the equidae infected with the virus causing West Nile Fever, Eastern equine encephalomyelitis or Western equine encephalomyelitis have died, been removed from the holding or fully recovered;]

(4) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.4. in the case of equine infectious anaemia, until the date on which, the infected animals having been slaughtered, the remaining equine animals on the holding have shown a negative reaction in an agar gel immunodiffusion test (AGID or Coggins test) carried out on blood samples collected on two occasions 3 months apart;

II.1.4.5. in the case of vesicular stomatitis,

(4) either [6 months following the last case;]

(4) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.6. in the case of rabies, 30 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.4.7. in the case of anthrax, 15 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.5. to the best of my knowledge, during the period of 15 days prior to the date of dispatch the animal has not been in contact with equidae infected or suspected of an infectious or contagious disease.

II.2. Attestation of residence and pre-export isolation

II.2.1. The animal was imported into the country or part of the territory of the country of dispatch on (insert date)

(4) either [directly from the EU Member State (insert name of EU Member State);]

(4) or [from a country or part of the territory of a country (insert name of country) under conditions at least as strict as those set out in this certificate;]

II.2.2. the animal exited from the Union

COUNTRY

Re-entry after temporary export of not more than 90 days

Specific competitions — Registered horse

II.a. Certificate reference number

II.b. Local reference number

(4) either [less than 30 days ago, and since exit from the Union was never in a country, or part of the territory of a country (1) other than those of the same Sanitary Group, and resident on holdings under veterinary supervision, accommodated in separated stables without coming into contact with equidae of lower health status except during competition and has taken part in or was stabled together with horses participating in the LG Global Champions Tour

(4) either [in the Metropolitan area of Mexico City, Mexico;]]

(4) and/or [in Miami, Unites States of America;]

(4) or [in Shanghai, China;]]

(4) or [less than 60 days ago, and since exit from the Union was never in a country, or part of the territory of a country (1) other than those of the same Sanitary Group, and resident on holdings under veterinary supervision, accommodated in separated stables without coming into contact with equidae of lower health status except during competition and has taken part in or was stabled together with horses participating in

(3) either [the Asian Games in (insert place).]]

(3) or [the American Games in (insert place).]]

(3) or [the Endurance World Cup in United Arab Emirates.]]

(4) or [less than 90 days ago, and since exit from the Union was never in a country, or part of the territory of a country (1) other than those of the same Sanitary Group, and resident on holdings under veterinary supervision, accommodated in separated stables without coming into contact with equidae of lower health status except during competition and has taken part in or was stabled together with horses participating in

(4) either [the Test event for the Olympic Games in (insert place).]]

(4) or [the Olympic Games in (insert place).]]

(4) or [the Paralympics in (insert place).]]

(4) or [the World Equestrian Games in (insert place).]]

II.3. Attestation of animal welfare

The animal described in Box I.28. was examined today (1) and found fit to be transported on the intended journey and arrangements were made to protect its health and well-being effectively at all stages of the journey.

Notes:

Part I:

Box I.8.: Provide the code of the country or part of the territory of the country as appearing in column 3 of Annex I to Commission Implementing Regulation (EU) 2018/659.

Box I.15.: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) and information is to be provided. In case of unloading and reloading, the consignor must inform the Border Inspection Post of entry into the Union.

Box I.23.: The container number and the seal number (if applicable) should be included.

COUNTRY

Re-entry after temporary export of not more than 90 days

Specific competitions — Registered horse

II.a. Certificate reference number

II.b. Local reference number

Box I.28.: Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal. The number of the accompanying passport must be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

Part II:

(1) The certificate must be issued on the day of loading or on the last working day before loading of the animal for dispatch to the Member State of destination in the Union.

The re-entry after temporary export of this registered horse shall not be allowed when the animal was loaded either prior to the date of authorisation for re-entry into the Union from the respective country or the part of the territory of the country referred to in point II.1.1., or during a period where restrictive measures have been adopted by the Union against the entry of equidae from this country or this part of the territory of the country of dispatch.

(2) Code of the country or part of the territory of the country, and the Sanitary Group as appearing in columns 3 and 5 respectively of Annex I to Commission Implementing Regulation (EU) 2018/659.

(3) Delete statement if the attestation in point II.1.3. applies to the entire country of dispatch.

(4) Delete as appropriate.

This health certificate shall:

(a) be drawn up in at least a language understood by the certifying officer and one of the official languages of the Member State of destination and of the Member State where the registered horse will enter Union territory and undergo the veterinary border checks;

(b) be made out to a single consignee;

(c) be signed and stamped in a colour different to the colour of the printing;

(d) consist of a single sheet of paper or all sheets of paper required are part of an integrated whole and indivisible by inserting page numbers and total number of pages, and each page shall bear the certificate reference number at the top of the page and those pages are stapled and stamped.

Official veterinarian

Name (in capital letters): Qualification and title:

Date: Signature:

Stamp:

Declaration by the owner or representative of the ownerfor the re-entry after temporary export of a registered horse for competition

Identification of the animal (1)

Species (Scientific name)

Equus caballus

Identification system

Identification number

Age

Sex

I, the undersigned owner (2) or representative of the owner (2) of the registered horse described above, hereby declare, that:

— the horse

(2) either [was temporarily exported from the Union to the country of dispatch on (insert date) less than 60 days (2) or 90 days (2) prior to this declaration;]

(2) or [entered the country of dispatch on (insert date) from (insert name of country from where horse entered country of dispatch);]

— the horse has been temporarily exported from the Union to take part in

(2) either [the Asian Games in (insert place);]

(2) or [the American Games in (insert place);]

(2) or [the Endurance World Cup in United Arab Emirates;]

(2) or [the Test event for the Olympic Games in (insert place);]

(2) or [the Olympic Games in (insert place);]

(2) or [the Paralympics in (insert place);]

(2) or [the World Equestrian Games in (insert place);]

(2) or [the LG Global Champions Tour in

(2) either [the Metropolitan area of Mexico City, Mexico;]

(2) and/or [Miami, Unites States of America;]

(3) or [Shanghai, China;]

— during the period of 15 days prior to the date of dispatch the horse has not been in contact with animals suffering from infectious or contagious diseases transmissible to equidae;

— the conditions for residence and pre-export isolation as applicable in accordance with point II.2. of the accompanying health certificate for the country or part of the territory of the country of dispatch are fulfilled;

— the transportation will be effected in such a way that health and well-being of the horse can be protected effectively at all stages of the journey.

Name and address of the owner (2) or representative (2):

Date: (dd/mm/yyyy)

(1) Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal.

If a passport accompanies the animal, its number should be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

(2) Delete as appropriate.

Chapter 2

Chapter 2

Model health certificate and model declaration applicable to re-entry into the Union of registered horses for racing after temporary export for a period of not more than 90 days to participate in specific race events in Australia, Canada, the United States of America, Hong Kong, Japan, Singapore, the United Arab Emirates or Qatar

(International Group/Grade meetings, the Japan Cup, the Melbourne Cup, the Dubai Racing World-Cup, the Hong Kong International Races)

COUNTRY:

Veterinary certificate to EU

Part I : Details of dispatched consignment

I.1. Consignor

Name

Address

Tel.

I.2. Certificate reference No

I.2.a.

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postcode

Tel.

I.6.

I.7. Country oforigin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name Approval number

Address

I.12. Place of destination

Name

Address

Postcode

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification

Documentary references

I.16. Entry BIP in EU

I.17. No(s) of CITES

I.18. Description of animal

I.19. Commodity code (HS code)

01 01

I.20. Quantity

1

I.21.

I.22. Number of packages

I.23. Seal/Container No

I.24.

I.25. Animal certified for:

Registered horse

I.26.

I.27. For import or admission into EU

I.28. Identification of the animal

Species(Scientific name)

Equus caballus

Identification system

Identification number

Age

Sex

COUNTRY

Re-entry after temporary export of not more than 90 days

Specific races — Registered horse

Part II: Certification

II.a. Certificate reference number

II.b. Local reference number

II. Attestation of animal health and welfare

I, the undersigned official veterinarian, hereby certify, that the animal described in Box I.28.:

— is a registered horse as defined in Article 2(c) of Commission Implementing Regulation (EU) 2018/659;

— was examined today (1) and found free of clinical signs of diseases and of obvious signs of ectoparasite infestation;

— is not intended for slaughter under a national programme of infectious or contagious disease eradication;

— meets the requirements attested in points II.1. to II.3. of this certificate;

— is accompanied by the written declaration, signed by the owner of the horse or the representative of the owner.

II.1. Attestation on country or part of the territory of the country and holding of dispatch

II.1.1. the animal is dispatched from (insert name of country or part of the territory ofa country), a country or part of the territory of a country which at the date of issuing this certificate has the Code: (2) and is assigned to Sanitary Group (2);

II.1.2. in the country of dispatch the following diseases are compulsorily notifiable: African horse sickness, dourine (Trypanosoma equiperdum), glanders (Burkholderia mallei), equine encephalomyelitis (of all types including Venezuelan equine encephalomyelitis), equine infectious anaemia, vesicular stomatitis, rabies and anthrax;

II.1.3. the animal is dispatched from a country or part of the territory of a country:

a) which is considered free from African horse sickness in accordance with Directive 2009/156/EC and in which there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness during the period of 2 years prior to the date of dispatch and in which there have been no vaccinations against the disease during the period of 12 months prior to the date of dispatch;

b) in which Venezuelan equine encephalomyelitis has not occurred during the period of 2 years prior to the date of dispatch;

c) in which dourine has not occurred during the period of 6 months prior to the date of dispatch;

d) in which glanders has not occurred during the period of 6 months prior to the date of dispatch;

II.1.4. the animal does not come from a holding, and to the best of my knowledge for the time periods referred to in points II.1.4.1. to II.1.4.7. was not in contact with animals from holdings, which were subject to prohibition orders for the reasons referred to in points II.1.4.1. to II.1.4.7. and which last for:

(3) [II.1.4.1. in the case of equidae suspected of having contracted dourine,

(4) either [6 months beginning on the date of the last actual or possible contact with an animal suspected of having contracted dourine or infected with Trypanosoma equiperdum ;]

(4) and/or [in the case of a stallion, until the animal is castrated;]

(4) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]]

COUNTRY

Re-entry after temporary export of not more than 90 days

Specific races — Registered horse

II.a. Certificate reference number

II.b. Local reference number

(3) [II.1.4.2. in the case of glanders,

(4) either [6 months beginning on the day on which the equidae suffering from the disease or subjected with positive results to a test for the detection of the causative pathogen Burkholderia mallei or antibodies to that pathogen, were killed and destroyed;]

(4) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been killed and destroyed;]]

II.1.4.3. in the case of equine encephalomyelitis of any type,

(4) either [6 months beginning on the day on which the equidae suffering from the disease have been slaughtered;]

(4) and/or [6 months beginning on the day on which the equidae infected with the virus causing West Nile Fever, Eastern equine encephalomyelitis or Western equine encephalomyelitis have died, been removed from the holding or fully recovered;]

(4) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.4. in the case of equine infectious anaemia, until the date on which, the infected animals having been slaughtered, the remaining equine animals on the holding have shown a negative reaction in an agar gel immunodiffusion test (AGID or Coggins test) carried out on blood samples collected ontwo occasions 3 months apart;

II.1.4.5. in the case of vesicular stomatitis,

(4) either [6 months following the last case;]

(4) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.6. in the case of rabies, 30 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.4.7. in the case of anthrax, 15 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.5. to the best of my knowledge, during the period of 15 days prior to the date of dispatch the animal has not been in contact with equidae infected or suspected of an infectious or contagious disease.

II.2. Attestation of residence and pre-export isolation

II.2.1. The animal was imported into the country or part of the territory of the country of dispatch on (insert date)

(4) either [directly from the EU Member State (insert name of EU Member State) for the participation in

(4) either [The Japan Cup;]

(4) or [The Melbourne Cup;]

(4) or [The Dubai Racing World-Cup;]

(4) or [The Hong Kong International Races;]

COUNTRY

Re-entry after temporary export of not more than 90 days

Specific races — Registered horse

II.a. Certificate reference number

II.b. Local reference number

(4) or [from Australia (4), Canada (4), the United States of America (4), Hong Kong (4), Japan (4),Singapore (4), United Arab Emirates (4) or Qatar (4) for the participation in International Group/Grade meetings in the country of dispatch;]

II.2.2. as far as can be ascertained and based on the declaration of the owner of the horse (4) or representative of the owner (4) accompanying this certificate, the animal was:

— not continuously outside the Union for more than 90 days, the date of scheduled return in accordance with this certificate included;

— not outside the country of dispatch or in case of International Group/Grade meetings outside Australia, Canada, the United States of America, Hong Kong, Japan, Singapore, the United Arab Emirates or Qatar;

— resident on holdings under veterinary supervision, accommodated in separated stables without coming into contact with equidae of lower health status except during racing;

II.2.3. the animal entered the country of dispatch under animal health conditions at least as strict as those laid down in this health certificate.

II.3. Attestation of animal welfare

The animal described in Box I.28. was examined today (1) and found fit to be transported on the intended journey and arrangements were made to protect its health and well-being effectively at all stages of the journey.

Notes:

Part I:

Box I.8.: Provide the code of the country or part of the territory of the country as appearing in column 3 of Annex I to Commission Implementing Regulation (EU) 2018/659.

Box I.15.: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) and information is to be provided. In case of unloading and reloading, the consignor must inform the Border Inspection Post of entry into the Union.

Box I.23.: The container number and the seal number (if applicable) should be included.

Box I.28.: Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal. The number of the accompanying passport must be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

Part II:

(1) The certificate must be issued on the day of loading or on the last working day before loading of the animal for dispatch to the Member State of destination in the Union.

The re-entry after temporary export of this registered horse shall not be allowed when the animal was loaded either prior to the date of authorisation for re-entry into the Union from the respective country or part of the territory of the country referred to in point II.1.1., or during a period where restrictive measures have been adopted by the Union against the entry of live equidae from this country or this part of the territory of the country of dispatch.

(2) Code of the country or part of the territory of the country, and the Sanitary Group as appearing in columns 3 and 5 respectively of Annex I to Commission Implementing Regulation (EU) 2018/659.

(3) Delete statement if the attestation in point II.1.3. applies to the entire country of dispatch.

(4) Delete as appropriate.

COUNTRY

Re-entry after temporary export of not more than 90 days

Specific races — Registered horse

II.a. Certificate reference number

II.b. Local reference number

This health certificate shall:

(a) be drawn up in at least a language understood by the certifying officer and one of the official languages of the Member State of destination and of the Member State where the registered horse will enter Union territory and undergo the veterinary border checks;

(b) be made out to a single consignee;

(c) be signed and stamped in a colour different to the colour of the printing;

(d) consist of a single sheet of paper or all sheets of paper required are part of an integrated whole and indivisible by inserting page numbers and total number of pages, and each page shall bear the certificate reference number at the top of the page and those pages are stapled and stamped.

Official veterinarian

Name (in capital letters): Qualification and title:

Date: Signature:

Stamp:

Declaration by the owner or representative of the ownerfor the re-entry after temporary export of a registered horse for racing

Identification of the animal (1)

Species (Scientific name)

Equus caballus

Identification system

Identification number

Age

Sex

I, the undersigned owner (2) or representative of the owner (2) of the registered horse described above, hereby declare, that:

— the horse

(2) either [was temporarily exported from the Union to the country of dispatch on (insert date) less than 90 days prior to this declaration;]

(2) or [entered the country of dispatch on (insert date) from (insert name of country from where horse entered country of dispatch);]

— the horse has been temporarily exported from the Union to take part in

(2) either [The Japan Cup;]

(2) or [The Melbourne Cup;]

(2) or [The Dubai Racing World-Cup;]

(2) or [The Hong Kong International Races;]

(2) or [International Group/Grade meetings in Australia (2), Canada (2), the United States of America (2), Hong Kong (2), Japan (2), Singapore (2), United Arab Emirates (2) or Qatar (2);]

— during the period of 15 days prior to the date of dispatch the horse has not been in contact with animals suffering from infectious or contagious diseases transmissible to equidae;

— the conditions for residence and pre-export isolation as applicable in accordance with point II.2. of the accompanying health certificate for the country or part of the territory of the country of dispatch are fulfilled;

— the transportation will be effected in such a way that health and well-being of the horse can be protected effectively at all stages of the journey.

Name and address of the owner (2) or representative (2):

Date: (dd/mm/yyyy)

(1) Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal.

If a passport accompanies the animal, its number should be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

(2) Delete as appropriate.

PART 3

Imports

Imports

Section A

Section A

Model health certificates and model declaration for imports into the Union of an individual registered horse, registered equine animal or equine animal for breeding and production

COUNTRY:

Veterinary certificate to EU

Part I : Details of dispatched consignment

I.1. Consignor

Name

Address

Tel.

I.2. Certificate reference No

I.2.a.

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postcode

Tel.

I.6.

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name Approval number

Address

I.12. Place of destination

Name

Address

Postcode

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification

Documentary references

I.16. Entry BIP in EU

I.17. No(s) of CITES

I.18. Description of animal

I.19. Commodity code (HS code)

01 01

I.20. Quantity

1

I.21.

I.22. Number of packages

I.23. Seal/Container No

I.24.

I.25. Animal certified for:

Registered horse registered equine animal breeding and production

I.26.

I.27. For import or admission into EU

I.28. Identification of the animal

Species(Scientific name)

Identification system

Identification number

Age

Sex

COUNTRY

Import — Registered horse, registered equine animal orequine animal for breeding and production

Part II: Certification

II.a. Certificate reference number

II.b. Local reference number

II. Attestation of animal health and welfare

I, the undersigned official veterinarian, hereby certify, that the animal described in Box I.28.:

— (1) either [is a registered equine animal, other than horse, as defined in Article 2(c) of Directive 2009/156/EC;]

(1) or [is a registered horse as defined in Article 2(c) of Commission Implementing Regulation (EU) 2018/659;]

(1) or [is an equine animal for breeding and production as defined in Article 2(e) of Directive 2009/156/EC;]

— comes from a country or part of the territory of a country which is authorised for imports into the Union of the category of equidae specified in the first indent above;

— was examined today (2) and found free of clinical signs of diseases and of obvious signs of ectoparasite infestation;

— is not intended for slaughter under a national programme of infectious or contagious disease eradication;

— meets the requirements attested in points II.1. to II.5. of this certificate;

— is accompanied by the written declaration, signed by the owner of the animal or the representative of the owner.

II.1. Attestation on third country or part of the territory of third country and holding of dispatch

II.1.1. The animal is dispatched from (insert name of country or part of the territory of a country), a country or part of the territory of a country, which on the date of issuing this certificate has the Code: (3), and is assigned to Sanitary Group (3);

II.1.2. in the country of dispatch the following diseases are compulsorily notifiable: African horse sickness,dourine (Trypanosoma equiperdum), glanders (Burkholderia mallei), equine encephalomyelitis (of all types including Venezuelan equine encephalomyelitis), equine infectious anaemia, vesicular stomatitis, rabies and anthrax;

II.1.3. the animal is dispatched from a country or part of the territory of country

a) which is considered free from African horse sickness in accordance with Directive 2009/156/EC and in which there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness during the period of 2 years prior to the date of dispatch and in which there have been no vaccinations against the disease during the period of 12 months prior to the date of dispatch;

b) in which Venezuelan equine encephalomyelitis has not occurred during the period of 2 years prior to the date of dispatch;

c) in which dourine has not occurred during the period of 6 months prior to the date of dispatch;

d) in which glanders has not occurred during the period of 6 months prior to the date of dispatch;

(1) either [e) in which vesicular stomatitis has not occurred during the period of 6 months prior to the date of dispatch;]

(1) or [e) in which vesicular stomatitis has occurred during the period of 6 months prior to the date of dispatch, and a blood sample taken from the animal on (insert date), within a period of 21 days prior to the date of dispatch, was tested with negative result for antibody to the vesicular stomatitis virus

(1) either [in a virus neutralisation test at a serum dilution of 1 in 32;]]

(1) or [in an ELISA in accordance with the relevant Chapter of the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the OIE;]]

COUNTRY

Import — Registered horse, registered equine animal orequine animal for breeding and production

II.a. Certificate reference number

II.b. Local reference number

II.1.4. the animal does not come from a holding, and to the best of my knowledge for the time periods referred to in points II.1.4.1. to II.1.4.7. was not in contact with animals from holdings, which were subject to prohibition orders for the reasons referred to in points II.1.4.1. to II.1.4.7. and which last for:

(4) [II.1.4.1. in the case of equidae suspected of having contracted dourine,

(1) either [6 months beginning on the date of the last actual or possible contact with an animal suspected of having contracted dourine or infected with Trypanosoma equiperdum;]

(1) and/or [in the case of a stallion, until the animal is castrated;]

(1) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]]

(4) [II.1.4.2. in the case of glanders,

(1) either [6 months beginning on the day on which the equidae suffering from the disease or subjected with positive results to a test for the detection of the causative pathogen Burkholderia mallei or antibodies to that pathogen, were killed and destroyed;]

(1) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been killed and destroyed;]]

II.1.4.3. in the case of equine encephalomyelitis of any type,

(1) either [6 months beginning on the day on which the equidae suffering from the disease have been slaughtered;]

(1) and/or [6 months beginning on the day on which the equidae infected with the virus causing West Nile Fever, Eastern equine encephalomyelitis or Western equine encephalomyelitis have died, been removed from the holding or fully recovered;]

(1) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.4. in the case of equine infectious anaemia, until the date on which, the infected animals having been slaughtered, the remaining equine animals on the holding have shown a negative reaction in an agar gel immunodiffusion test (AGID or Coggins test) carried out on blood samples collected ontwo occasions 3 months apart;

II.1.4.5. in the case of vesicular stomatitis,

(1) either [6 months following the last case;]

(1) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.6. in the case of rabies, 30 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.4.7. in the case of anthrax, 15 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.5. to the best of my knowledge, during the period of 15 days prior to the date of dispatch the animal has not been in contact with equidae infected or suspected of an infectious or contagious disease.

COUNTRY

Import — Registered horse, registered equine animal orequine animal for breeding and production

II.a. Certificate reference number

II.b. Local reference number

II.2. Attestation of residence and pre-export isolation

(1) either [II.2.1. During a period of at least the 90 days prior to the date of dispatch, or since birth if the animal is less than 90 days old, or since entry if the animal was imported directly from the Union during a period of 90 days prior to the date of dispatch, the animal has been resident on holdings under veterinary supervision situated in a country or part of the territory of a country which is:

(1) (5) either [assigned to Sanitary Group A, and during the period of at least 30 days prior to the date of dispatch, it was kept apart from equidae not of equivalent health status;]]

(1) (5) or [assigned to Sanitary Groups B, C, D or G, and during the period of at least 30 days prior to the date of dispatch, it was kept in pre-export isolation under veterinary supervision without coming into contact with equidae not of equivalent health status;]]

(1) (5) or [assigned to Sanitary Group E, and it was kept in the approved isolation centre described as place of origin in Box I.11., protected from vector insects

(1) either [during the period of at least 40 days prior to the date of dispatch;]]

(1) or [during the period of at least 30 days prior to the date of dispatch from the United Arab Emirates;]]

(1) (5) or [II.2.1. The animal is dispatched from a country of which at least a part of the territory of the country is assigned to Sanitary Group F, and during the period of at least 90 days prior to the date of dispatch, or since birth if the animal is less than 90 days old, it was resident on holdings under veterinary supervision and was kept during the period of at least 60 days prior to the date of dispatch, or since entry if it was imported directly from the Union during the period of 60 days prior to the date of dispatch, in the part of the territory described in point II.1.3. which is considered free of African horse sickness in accordance with the Union legislation and underwent the pre-export isolation

(1) either [in the approved vector-protected quarantine station of (insert name of quarantine station) during the period of at least 40 days prior to the date of dispatchfrom (insert date) to (insert date), confined to the vector-protected premises at least from two hours prior to sunset until two hours after sunrise and exercise was provided under official veterinary supervision, following the application of insect repellents in combination with an insecticide effective against Culicoides prior to the removal from the stables, and in strict isolation from equidae not being prepared for export under conditions at least as strict as required for temporary admission or imports into the Union.]]

(1) or [permanently confined in the approved vector-proof quarantine station of (insert name of quarantine station) during the period of at least 14 days prior to the date of dispatch and constant monitoring of the vector protection has proven absence of vectors inside the vector-protected part of the quarantine station.]]

II.3. Attestation of vaccination and health tests

(1) either [II.3.1. The animal was not vaccinated against African horse sickness in the country of dispatch and there is no information suggesting previous vaccination;]

(1) or [II.3.1. The animal was vaccinated against African horse sickness, and this vaccination was carried out:

(1) either [more than 12 months prior to the date of dispatch;]]

(1) or [more than 60 days and less than 12 months prior to the date of admission into the country or part of the territory of the country referred to in point II.1.3.(a), from where it is dispatched;]]

(1) (5) or [II.3.1. The animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group F and was vaccinated against African horse sickness on (insert date) not more than 24 months and at least 40 days prior to the date of entry in the vector-protected quarantine by administration of a registered vaccine according to manufacturer's instructions which is protective against the circulating serotypes of the African horse sickness virus;]

COUNTRY

Import — Registered horse, registered equine animal orequine animal for breeding and production

II.a. Certificate reference number

II.b. Local reference number

II.3.2. the animal was not vaccinated against Venezuelan equine encephalomyelitis during the period of 60 days prior to the date of dispatch from

(1) either [a country of which all parts of the territory are free of Venezuelan equine encephalomyelitis for a period of at least 2 years prior to the date of dispatch;]

(1) (5) or [a part of the territory of a country which is assigned to Sanitary Group C or D, which is free of Venezuelan equine encephalomyelitis for a period of at least 2 years prior to the date of dispatch and Venezuelan equine encephalomyelitis occurs in the remaining parts of the territory of the country of dispatch, and

(1) either [is vaccinated against Venezuelan equine encephalomyelitis with a complete primary course and revaccinated according to manufacturer's recommendations not less than 60 days and no more than 12 months prior to the date of dispatch, and was kept in vector-protected quarantine for a period of at least 21 days prior to the date of dispatch, and during that period remained clinically healthy, and its body temperature, taken daily, remained within the normal physiological range, and any equine animal on the same holding which showed a rise in body temperature, taken daily, was subjected to a blood test for virus isolation for Venezuelan equine encephalomyelitis with negative results;]]

(1) or [is not vaccinated against Venezuelan equine encephalomyelitis and was kept in vector-protected quarantine for a period of at least 21 days, and during that period remained clinically healthy, and its body temperature, taken daily, remained within the normal physiological range, and any equine animal on the same holding which showed a rise in body temperature, taken daily, was subjected to a blood test for virus isolation for Venezuelan equine encephalomyelitis with negative results, and the animal to be dispatched was subjected to a diagnostic test for Venezuelan equine encephalomyelitis with negative result conducted on a sample taken not less than 14 days after the date of entry into the vector protected quarantine and remained protected from vector insects until dispatch;]]

(1) or [was subjected to a haemagglutination inhibition test for Venezuelan equine encephalomyelitis carried out by the same laboratory on the same day on samples taken on two occasions with an interval of 21 days on (insert date) and on (insert date), the second of which was taken during the period of10 days prior to the date dispatch, without an increase in antibody titre, and a RT-PCR (reverse transcription-polymerase chain reaction) test for the detection of Venezuelan equine encephalomyelitis virus genome, carried out with negative result on a sample taken within 48 hours prior to dispatch, on (insert date), and has been protected from vector attacks from the moment of the RT-PCR sampling until loading for dispatch, by combined use of approved insect repellents and insecticides on the animal and disinsectization of the stable and the means in which it is transported;]]

(1) [II.3.3. the animal is an uncastrated male equine animal older than 180 days, and

(1) either [is dispatched from a country in which equine viral arteritis (EVA) is a compulsorily notifiable disease and has not been officially reported during the period of 6 months prior to the date of dispatch;]]

(1) or [was tested on a blood sample taken on (insert date), within a period of 21 days prior to the date of dispatch, by virus neutralisation test for EVA with negative result at a serum dilution of 1 in 4;]]

(1) or [was tested on an aliquot of its entire semen taken on (insert date), within a period of 21 days prior to the date of dispatch, by virus isolation test , polymerase chain reaction (PCR) or real-time PCR for EVA with negative result;]]

(1) or [was vaccinated against EVA on (insert date) under official veterinary supervision, and re-vaccinated at regular intervals according to the manufacturer’s instructions, with a vaccine approved by the competent authority, and the initial vaccination was carried out

COUNTRY

Import — Registered horse, registered equine animal orequine animal for breeding and production

II.a. Certificate reference number

II.b. Local reference number

(1) either [before 1 October 2018, on the day a blood sample was taken that was subsequently tested in a virus neutralisation test for EVA with negative result at a serum dilution of1 in 4;]]]

(1) or [before 1 October 2018, during a period of isolation of not more than 15 days under official veterinary supervision, commencing on the day a blood sample was taken which was tested during that isolation period in a virus neutralisation test for EVA with negative result at a serum dilution of 1 in 4;]]]

(1) or [at the age of 180 to 270 days, during a period of isolation under official veterinary supervision, during which the animal was subjected to a virus neutralisation test for EVA carried out with negative result at a serum dilution of 1 in 4, or carried out on the same day by the same laboratory with stable or declining titres on two blood samples taken at least 10 days apart;]]]

(1) or [after the animal was subjected to a virus neutralisation test for EVA with negative result at a serum dilution of 1 in 4, carried out on a blood sample taken not earlier than 7 days after commencing a period of uninterrupted isolation which lasted until 21 days following vaccination;]]]

(1) or [at the age of 180 to 250 days, after the animal was subjected to a virus neutralisation test for EVA carried out with negative result at a serum dilution of 1 in 4 or carried out on the same day by the same laboratory with stable or declining titres on two blood samples taken at least 14 days apart;]]]

(1) or [was subjected to a virus isolation test, polymerase chain reaction (PCR) or real-time PCR for EVA carried out with negative result on an aliquot of its entire semen collected after the date a blood sample of that animal taken on (insert date), within a period of 6 months prior to the date of dispatch, was tested in a virus neutralisation test for EVA with positive result at a serum dilution of at least 1 in 4;]]

(1) or [has previously tested positive for antibodies against the equine arteritis virus or has been vaccinated against EVA, and

a) within a period of 6 months prior to the date of dispatch, was test mated, ontwo consecutive days, to at least two mares which were kept in isolation during the 7 days prior to and until at least 28 days after test mating and which were subjected totwo serological tests for EVA with negative results at a serum dilution of 1 in 4 on blood samples collected at the time of test mating and at least 28 days after the test mating, and

b) was subjected to a virus neutralisation test for EVA carried out on a blood sample taken within 21 days prior to the date of dispatch on (insert date),

(1) either [with positive result at a serum dilution of at least 1 in 4;]]

(1) or [with negative result at a serum dilution of 1 in 4;]]

(1) either [II.3.4. the animal is dispatched from Iceland, which is certified as officially free from equine infectious anaemia, where it was continuously resident since birth and did not come into contact with equidae which have entered Iceland from other countries;]

(1) or [II.3.4. the animal was subjected with negative result to an agar gel immunodiffusion test (AGID orCoggins test) or to an ELISA for equine infectious anaemia carried out on a blood sample taken on (insert date), this being within a period of 30 days prior to the date of dispatch;]

(1) [II.3.5. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group B, D or E, or from China or Thailand, or from a country in which glanders was reported during a period of 3 years prior to the date of dispatch, and was subjected to a complement fixation test for glanders carried out with negative result at a serum dilution of 1 in 5 on a blood sample taken on (insert date), within a period of 30 days prior to the date of dispatch;]

COUNTRY

Import — Registered horse, registered equine animal orequine animal for breeding and production

II.a. Certificate reference number

II.b. Local reference number

(1) [II.3.6. the animal is an uncastrated male or a female equine animal older than 270 days dispatched from a country or part of the territory of a country which is assigned to Sanitary Group B, D, E or F, or from China or Thailand, or from a country in which dourine was reported during a period of 2 years prior to the date of dispatch, and was subjected to a complement fixation test for dourine carried out with negative result at a serum dilution of 1 in 5 on a blood sample taken on (insert date), within a period of 30 days prior to the date of dispatch, and has not been used for breeding during the period of at least 30 days prior to and after the date the sample was taken;]

(1) (5) [II.3.7. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group C or D, and

(1) either [Western and Eastern equine encephalomyelitis have not been officially reported in the country or part of the territory of the country of dispatch during a period of at least 2 years prior to the date of dispatch;]]

(1) or [the animal was vaccinated with a complete primary course and revaccinated according to manufacturer's instructions within a period of 6 months and at least 30 days prior to the date of dispatch with inactivated vaccine against Western and Eastern equine encephalomyelitis, the last vaccination was applied on (insert date);]]

(1) or [the animal was kept for a period of at least 21 days prior to the date of dispatch in a vector protected quarantine, and during this period subjected to haemagglutination inhibition tests for Western and Eastern equine encephalomyelitis carried out by the same laboratory

(1) either [on a sample of blood taken on (insert date), within a period of 10 days prior to the date of dispatch, with negative result;]]]

(1) or [on samples of blood taken on two occasions with an interval of at least21 days on (insert date) and on (insert date), the second of which was taken within a period of 10 days prior to the date of dispatch, without increase in antibody titre and the animal was vaccinated more than 6 months prior to the date of dispatch;]]]

(1) [II.3.8. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group G, or from a country in which Japanese encephalitis has been officially reported in equidae during the past 2 years, and the animal

(1) either [comes from a holding situated in the centre of an area of at least 30 km radius around that holding where there has been no case of Japanese encephalitis during a period of at least 21 days prior to the date of dispatch;]]

(1) or [was kept in a vector-protected quarantine during a period of at least 21 days prior to the date of dispatch, and during that period the body temperature, taken daily, remained within the normal physiological range, and was subjected

(1) either [to a haemagglutination inhibition or virus neutralisation test for Japanese encephalitis carried out by the same laboratory on the same day onsamples of blood taken on two occasions with an interval of at least 14 days on (insert date) and on (insert date), the second of which was taken within a period of 10 days prior to the date of dispatch, without a more than four-fold increase in antibody titre between the two samples, and remained protected from vector insects until dispatch;]]]

(1) or [to a Ig-M capture ELISA test for the detection of antibodies againstJapanese encephalitis virus with negative result, carried out on a bloodsample taken not earlier than 7 days after the date the isolation commenced on (insert date), and remained protected from vector insects until dispatch;]]]

(1) or [was vaccinated against Japanese encephalitis with a complete primary course and revaccinated according to manufacturer's recommendations during a period of not less than 21 days and not more than 12 months prior to the date of dispatch;]]

COUNTRY

Import — Registered horse, registered equine animal orequine animal for breeding and production

II.a. Certificate reference number

II.b. Local reference number

(1) (5) either [II.3.9. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group E, and was subjected to a serological test for African horse sickness as described in Annex IV to Directive 2009/156/EC, which was carried out by the same laboratory on the same day

(1) either [on blood samples taken on two occasions with an interval of between 21 and 30 days, on (insert date) and on (insert date), the second of which was taken within a period of 10 days prior to the date of dispatch

(1) either [with negative results in each case;]]]

(1) or [with positive result in the first sample, and

(1) either [the second sample was subsequently tested with negative result in an agent identification test as described in Annex IV to Directive 2009/156/EC;]]]]

(1) or [the two samples were tested without more than a two-fold increase in antibody titre in a virus neutralisation test as described in point 2.4 of Chapter 2.5.1. of the OIE Terrestrial Manual for Diagnostic Tests and Vaccines;]]]]

(1) or [on a blood sample taken on (insert date), within a period of 21 days prior to the date of dispatch, and the country or part of the territory of the country of dispatch is recognised by the OIE as officially free of African horse sickness and is not adjacent to a country in which African horse sickness has occurred during the previous 2 years;]]

(1) (5) or [II.3.9. the animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group F and

(1) either [was subjected to a serological test for African horse sickness as described in Annex IV to Directive 2009/156/EC, which was carried out by the same laboratory on the sameday on blood samples taken on two occasions with an interval of between 21 and 30 days, on (insert date) and on (insert date), thefirst sample not taken less than 7 days after introduction into the vector-protected quarantine, the second sample taken within a period of 10 days prior to the date of dispatch,

(1) either [with negative results in each case;]]]

(1) or [with positive result in the first sample, and

(1) either [the second sample was subsequently tested with negative result in an agent identification test as described in Annex IV to Directive 2009/156/EC;]]]]

(1) or [the two samples were tested without more than a two-fold increase in antibody titre in a virus neutralisation test as described in point 2.4 of Chapter 2.5.1. of the OIE Terrestrial Manual for Diagnostic Tests and Vaccines;]]]]

(1) or [was subjected to a serological and an agent identification test for African horse sickness as described in Annex IV to Directive 2009/156/EC, carried out with negative result in each case on a blood sample taken on (insert date) not less than 28 days after the date of introduction into the vector-protected quarantine and within a period of 10 days prior to the date of dispatch;]]

(1) or [was subjected to an agent identification test for African horse sickness as described in Annex IV to Directive 2009/156/EC, carried out with negative result on a blood sample taken on (insert date) not less than 14 days after the date of introduction into the vector-protected quarantine and not more than 72 hours before dispatch;]]

COUNTRY

Import — Registered horse, registered equine animal orequine animal for breeding and production

II.a. Certificate reference number

II.b. Local reference number

II.4. Attestation of the transport conditions

(1) either [II.4.1. The animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group A, B, C, D, E or G and is transported directly to the Union, without passing through a market, marshalling or assembly centre and without coming into contact with other equidae not complying with at least the same health requirements as described in this health certificate.]

(1) (5) or [II.4.1. The animal is dispatched from a country or part of the territory of a country which is assigned to Sanitary Group F and is transported directly from the vector-protected quarantine station without coming into contact with other equidae not accompanied by a health certificate either for imports or for temporary admission into the Union

(1) either [to the airport under vector-protected conditions and arrangements have been made for the aircraft to be cleansed and disinfected in advance with a disinfectant officially recognised in the third country of dispatch, and sprayed against vector insects just prior to take off.]]

(1) or [to a sea port in that country or part of the territory of the country under vector-protected conditions and arrangements have been made to transport it on a vessel which is scheduled directly to a port in the Union without calling into a port situated in a country or part of the territory of a country not approved for the entry into the Union of equidae, in stalls which were cleansed and disinfected in advance with a disinfectant officially recognised in the third country of dispatch and sprayed against vector insects just prior to departure.]]

II.4.2. Arrangements have been made and verified to prevent any contact with other equidae not complying with at least the same health requirements as described in this health certificate during the period from certification until dispatch to the Union.

II.4.3. The transport vehicles or containers in which the animal is going to be loaded were cleaned and disinfected before loading with a disinfectant officially recognised in the third country of dispatch and they are so constructed that faeces, urine, litter or fodder cannot escape during transportation.

II.5. Attestation of animal welfare

The animal described in Box I.28. was examined today (2) and found fit to be transported on the intended journey and arrangements were made to protect its health and well-being effectively at all stages of the journey.

Notes:

Part I:

Box I.8.: Provide the code of the country or the part of the territory of the country as appearing in column 3 of Annex I to Commission Implementing Regulation (EU) 2018/659.

Box I.15.: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) and information is to be provided. In case of unloading and reloading, the consignor must inform the BIP of entry into the EU.

Box I.23.: The container number and the seal number (if applicable) should be included.

Box I.28.: Species: Select amongst: Equus caballus, Equus asinus, Equus africanus, Equus hemionus, Equus kiang, Equus quagga, Equus zebra, Equus grevyi, or indicate any cross between those.

Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal.

If a passport accompanies the animal, its number should be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

COUNTRY

Import — Registered horse, registered equine animal orequine animal for breeding and production

II.a. Certificate reference number

II.b. Local reference number

Part II:

(1) Delete as appropriate.

(2) The certificate must be issued on the day of loading or in the case of a registered horse on the last working day before loading of the animal for dispatch to the Member State of destination in the Union.

The import of this equine animal shall not be allowed when the animal was loaded either prior to the date of authorisation for imports of an individual registered equine animal or equine animal for breeding and production into the Union from the respective country or part of the territory of the country mentioned under point II.1.1., or during a period where restrictive measures have been adopted by the Union against the entry of live equidae from this country or this part of the territory of the country of dispatch.

(3) Code of the country or part of the territory of the country and the Sanitary Group as appearing in columns 3 and 5 respectively of Annex I to Commission Implementing Regulation (EU) 2018/659.

(4) Delete statement if the attestation in point II.1.3. applies to the entire country of dispatch.

(5) Statements that relate entirely and exclusively to a Sanitary Group different from the Sanitary Group to which the country of dispatch, or part of its territory, is assigned, may be left out, provided that the numbering of the subsequent statements is maintained.

This health certificate shall:

(a) be drawn up in at least a language understood by the certifying officer and one of the official languages of the Member State of destination and of the Member State where the animal will enter Union territory and undergo the veterinary border checks;

(b) be made out to a single consignee;

(c) be signed and stamped in a colour different to the colour of the printing;

(d) consist of a single sheet of paper or all sheets of paper required are part of an integrated whole and indivisible by inserting page numbers and total number of pages, and each page shall bear the certificate reference number at the top of the page and those pages are stapled and stamped.

Official veterinarian

Name (in capital letters): Qualification and title:

Date: Signature:

Stamp:

Declaration by the owner or representative of the ownerfor entry into the Union of an equine animal

Identification of the animal (1)

Species (Scientific name)

Identification system

Identification number

Age

Sex

I, the undersigned owner (2) or representative of the owner (2) of the animal described above, hereby declare, that:

— the animal

(2) either [has remained in the country or part of the territory of the country of dispatch during a period of at least 90 days prior to the date of dispatch, or since birth if the animal is less than 90 days of age;]

(2) or [entered the country or part of the territory of the country of dispatch during the required residence period of at least 90 days prior to the date of dispatch from a Member State of the Union;]

— during the period of 15 days prior to the date of dispatch the animal has not been in contact with animals suffering from infectious or contagious diseases transmissible to equidae;

— the conditions for residence and pre-export isolation as applicable in accordance with point II.2. of the accompanying health certificate for the country or part of the territory of the country of dispatch are fulfilled;

— the conditions for the transport as applicable in accordance with point II.4. of the accompanying health certificate for the country or part of the territory of the country of dispatch are fulfilled;

— the transportation will be effected in such a way that health and well-being of the animal can be protected effectively at all stages of the journey;

Name and address of the owner (2) or representative (2):

Date: (dd/mm/yyyy)

(1) Species: Select amongst: Equus caballus, Equus asinus, Equus africanus, Equus hemionus, Equus kiang, Equus quagga, Equus zebra, Equus grevyi, or indicate any cross between those.

Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal.

If a passport accompanies the animal, its number should be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

(2) Delete as appropriate.

Section B

Section B

Model health certificate and model declaration for imports into the Union of consignments of domestic equidae for slaughter

COUNTRY:

Veterinary certificate to EU

Part I : Details of dispatched consignment

I.1. Consignor

Name

Address

Tel.

I.2. Certificate reference No

I.2.a.

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postcode

Tel.

I.6.

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name Approval number

Address

I.12. Place of destination

Name

Address

Postcode

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification

Documentary references

I.16. Entry BIP in EU

I.17. No(s) of CITES

I.18. Description of animals

I.19. Commodity code (HS code)

01 01

I.20. Quantity

I.21.

I.22. Number of packages

I.23. Seal/Container No

I.24.

I.25. Animals certified for:

Slaughter

I.26.

I.27. For import or admission into EU

I.28. Identification of the animals

Species(Scientific name)

Identification system

Identification number

Age

Sex

COUNTRY

Import — Equidae for slaughter

Part II: Certification

II.a. Certificate reference number

II.b. Local reference number

II. Attestation of animal health, animal welfare and public health

I, the undersigned official veterinarian, hereby certify, that the animals described in Box I.28.:

— are equidae for slaughter as defined in Article 2(d) of Directive 2009/156/EC;

— were examined today (1) and found free of clinical signs of diseases and of obvious signs of ectoparasite infestation;

— are not intended for slaughter under a national programme of infectious or contagious disease eradication;

— meet the requirements attested in points II.1. to II.5. of this certificate;

— are accompanied by the written declaration, signed by the owner of the animals or the representative of the owner.

II.1. Attestation on third country or part of the territory of third country and holding of dispatch

II.1.1. The animals are dispatched from (insert name of country or part of the territory of a country), a country or part of the territory of a country, which on the date of issuing this certificate has the Code: (2) and is assigned to Sanitary Group (2);

II.1.2. in the country of dispatch the following diseases are compulsorily notifiable: African horse sickness, dourine (Trypanosoma equiperdum), glanders (Burkholderia mallei), equine encephalomyelitis (of all types including Venezuelan equine encephalomyelitis), equine infectious anaemia, vesicular stomatitis, rabies and anthrax;

II.1.3. the animals are dispatched from a country or part of the territory of country

a) which is considered free from African horse sickness in accordance with Directive 2009/156/EC and in which there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness during the period of 2 years prior to the date of dispatch and in which there have been no vaccinations against the disease during the period of 12 months prior to the date of dispatch;

b) in which Venezuelan equine encephalomyelitis has not occurred during the period of 2 years prior to the date of dispatch;

c) in which dourine has not occurred during the period of 6 months prior to the date of dispatch;

d) in which glanders has not occurred during the period of 6 months prior to the date of dispatch;

(3) either [e) in which vesicular stomatitis has not occurred during the period of 6 months prior to the date of dispatch;]

(3) or [e) in which vesicular stomatitis has occurred during the period of 6 months prior to the date of dispatch, and a blood sample taken from each of the animals on (insert date), within a period of 21 days prior to the date of dispatch, was tested with negative results for antibody to the vesicular stomatitis virus

(3) either [in a virus neutralisation test at a serum dilution of 1 in 32;]]

(3) or [in an ELISA in accordance with the relevant Chapter of the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the OIE;]]

II.1.4. the animals do not come from holdings, and to the best of my knowledge for the time periods referred to in points II.1.4.1. to II.1.4.7. have not been in contact with animals from holdings, which were subject to prohibition orders for the reasons referred to in points II.1.4.1. to II.1.4.7. and which last for:

COUNTRY

Import — Equidae for slaughter

II.a. Certificate reference number

II.b. Local reference number

(4) [II.1.4.1. in the case of equidae suspected of having contracted dourine,

(3) either [6 months beginning on the date of the last actual or possible contact with an animal suspected of having contracted dourine or infected with Trypanosoma equiperdum;]

(3) and/or [in the case of a stallion, until the animal is castrated;]

(3) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]]

(4) [II.1.4.2. in the case of glanders,

(3) either [6 months beginning on the day on which the equidae suffering from the disease or subjected with positive results to a test for the detection of the causative pathogen Burkholderia mallei or antibodies to that pathogen, were killed and destroyed;]

(3) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been killed and destroyed;]]

II.1.4.3. in the case of equine encephalomyelitis of any type,

(3) either [6 months beginning on the day on which the equidae suffering from the disease have been slaughtered;]

(3) and/or [6 months beginning on the day on which the equidae infected with the virus causing West Nile Fever, Eastern equine encephalomyelitis or Western equine encephalomyelitis have died, been removed from the holding or fully recovered;]

(3) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.4. in the case of equine infectious anaemia, until the date on which, the infected animals having been slaughtered, the remaining equine animals on the holding have shown a negative reaction in an agar gel immunodiffusion test (AGID or Coggins test) carried out on blood samples collected ontwo occasions 3 months apart;

II.1.4.5. in the case of vesicular stomatitis,

(3) either [6 months following the last case;]

(3) and/or [30 days following the date of completion of the cleansing and disinfection of the premises after all animals of susceptible species have been slaughtered;]

II.1.4.6. in the case of rabies, 30 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.4.7. in the case of anthrax, 15 days following the last case and the date of completion of the cleansing and disinfection of the premises;

II.1.5. to the best of my knowledge, during the period of 15 days prior to the date of dispatch the animals have not been in contact with equidae infected or suspected of an infectious or contagious disease.

II.2. Attestation of residence and pre-export isolation

II.2.1. The animals have been resident in the country or part of the territory of the country of dispatch during the period of 90 days prior to the date of dispatch, or since birth if the animals are less than 90 days old, on holdings under veterinary supervision, and they are dispatched from a country or part of the territory of a country which is:

(3) either [assigned to Sanitary Group A and during the period of at least 30 days prior to the date of dispatch they were kept apart from equidae not of equivalent health status;]

COUNTRY

Import — Equidae for slaughter

II.a. Certificate reference number

II.b. Local reference number

(3) or [assigned to Sanitary Groups B, C or D and during the period of at least 30 days prior to the date of dispatch they were kept in pre-export isolation under veterinary supervision without coming into contact with equidae not of equivalent health status;]

(3) or [assigned to Sanitary Group E and for the period of at least 40 days prior to the date of dispatch they were kept in the approved isolation centre described in Box I.11., protected from vector insects.]

II.3. Attestation of vaccination and health tests

(3) either [II.3.1. The animals were not vaccinated against African horse sickness in the country of dispatch and there is no information suggesting previous vaccination;]

(3) or [II.3.1. The animals were vaccinated against African horse sickness, and this vaccination was carried out more than 12 months prior to dispatch;]]

II.3.2. the animals were not vaccinated against Venezuelan equine encephalomyelitis during the 60 days prior to dispatch from

(3) either [a country of which all parts of the territory are free of Venezuelan equine encephalomyelitis for a period of at least 2 years prior to the date of dispatch;]

(3) (5) or [a part of the territory of a country which is assigned to Sanitary Group C or D, which is free of Venezuelan equine encephalomyelitis for a period of at least 2 years prior to the date of dispatch and Venezuelan equine encephalomyelitis occurs in the remaining parts of the territory of the country of dispatch, and

(3) either [were vaccinated against Venezuelan equine encephalomyelitis with a complete primary course and revaccinated according to manufacturer's recommendations not less than60 days and not more than 12 months prior to the date of dispatch, and were kept in vector-protected quarantine for a period of at least 21 days prior to the date of dispatch, and during that period remained clinically healthy, and their body temperature, taken daily, remained within the normal physiological range, and any equine animal on the same holding which showed a rise in body temperature, taken daily, was subjected to a blood test for virus isolation for Venezuelan equine encephalomyelitis with negative result;]]

(3) or [were not vaccinated against Venezuelan equine encephalomyelitis and were kept in vector-protected quarantine for a period of at least 21 days prior to the date of dispatch. and during that period remained clinically healthy. and their body temperature. taken daily. remained within the normal physiological range, and any equine animal on the same holding which showed a rise in body temperature. taken daily. was subjected to a blood test for virus isolation for Venezuelan equine encephalomyelitis with negative results, and the animals to be dispatched were subjected to a diagnostic test for Venezuelan equine encephalomyelitis with negative result conducted on a sample taken not less than 14 days after the date of entry into the vector-protected quarantine and remained protected from vector insects until dispatch;]]

(3) (5) either [II.3.3. the animals are dispatched from Iceland, which is certified as officially free from equine infectious anaemia, where they have been continuously resident since birth and did not come into contact with equidae which have entered Iceland from other countries;]

(3) or [II.3.3. the animals were subjected to an agar gel immunodiffusion test (AGID or Coggins test) or to an ELISA for equine infectious anaemia carried out with negative result in each case on blood samples taken on (insert date), this being within the period of 21 days prior to the date of dispatch;]

(3) [II.3.4. the animals are dispatched from a country or part of the territory of a country which is assigned to Sanitary Group B, D or E, or from a country in which glanders was reported during the period of3 years prior to the date of dispatch, and were subjected to a complement fixation test for glanders carried out with negative result in each case at a serum dilution of 1 in 5 on blood samples taken on (insert date), this being within the period of 21 days prior to the date of dispatch;]

COUNTRY

Import — Equidae for slaughter

II.a. Certificate reference number

II.b. Local reference number

(3) [II.3.5. the animals are uncastrated males or female equine animals older than 270 days dispatched from a country or part of the territory of a country which is assigned to Sanitary Group B, D or E or from a country in which dourine was reported during the period of 2 years prior to the date of dispatch, and were subjected to a complement fixation test for dourine carried out with negative result in each case at a serum dilution of 1 in 5 on blood samples taken on (insert date), this being within the period of 21 days prior to the date of dispatch;]

(3) (5) [II.3.6. the animals are dispatched from a country or part of the territory of a country which is assigned to Sanitary Group C or D, and

(3) either [Western and Eastern equine encephalomyelitis have not been officially reported in the country or part of the territory of the country of dispatch during the period of 2 years prior to the date of dispatch;]]

(3) or [the animals were vaccinated with a complete primary course and revaccinated according to manufacturer's instructions within the period of 6 months and at least 30 days prior to the date of dispatch with inactivated vaccine against Western and Eastern equine encephalomyelitis, the last vaccination was applied on (insert date);]]

(3) or [the animals were kept for at least 21 days protected from vector insects and during this period subjected to haemagglutination inhibition tests for Western and Eastern equine encephalomyelitis on (insert date) carried out on

(3) either [a sample of blood taken from each of the animals in the consignmenton (insert date), within the period of 10 days prior to the date of dispatch, with negative result in each case;]]]

(3) or [samples of blood taken from each of the animals in the consignment ontwo occasions with an interval of at least 21 days on (insert date) and on (insert date), the second of which was taken within the period of 10 days prior to the date of dispatch, without increase in antibody titre and the animals were vaccinated more than 6 months prior to dispatch;]]]

(3) (5) [II.3.7. the animals are dispatched from a country of part of the territory of a country which is assigned to Sanitary Group E, and were subjected to a serological test for African horse sickness as described in Annex IV to Directive 2009/156/EC, which was carried out by the same laboratory on the same day

(3) either [on blood samples taken from each of the animals in the consignment ontwo occasions with an interval of between 21 and 30 days, on (insert date) and on (insert date), the second of which was taken within the period of10 days prior to the date of dispatch

(3) either [with negative result in each case;]]]

(3) or [with positive results in the first sample, and

(3) either [the second samples were subsequently tested with negative result in each case in an agent identification test as described in Annex IV to Directive 2009/156/EC;]]]]

(3) or [the two samples of each animal of the consignment were tested without more than a two-fold increase in antibody titre in a virus neutralisation test as described in point 2.4 of Chapter 2.5.1. of the OIE Terrestrial Manual for Diagnostic Tests and Vaccines;]]]]

(3) or [with negative result in each case on a blood sample taken from each of the animals in the consignment on (insert date), within the period of 10 days prior to the date of dispatch, and the country or part of the territory of the country of dispatch is recognised by the OIE as officially free of African horse sickness and is not adjacent to a country in which African horse sickness has occurred during the previous 2 years.]]

COUNTRY

Import — Equidae for slaughter

II.a. Certificate reference number

II.b. Local reference number

II.4. Attestation of the transport conditions

(3) either [II.4.1. Arrangements were made and verified to ensure that the animals are transported directly to a slaughterhouse on the territory of the Union, without passing through a market, marshalling or assembly centre referred to in Article 7(1) of Directive 2009/156/EC, and without coming into contact with other equidae not authorised for the entry into the Union.]

(3) or [II.4.1. Arrangements were made and verified to ensure that before the animals are transported to a slaughterhouse on the territory of the Union they pass only through a single approved market, marshalling or assembly centre referred to in Article 7(1) of Directive 2009/156/EC situated in the same Member State, from where they are transferred directly to the slaughterhouse without coming into contact with other equidae not authorised for the entry into the Union.]

II.4.2. Arrangements were made and verified to prevent any contact with other equidae not complying with at least the same health requirements as described in this health certificate during the period from certification until dispatch to the Union.

II.4.3. The transport vehicles or containers in which the animals are going to be loaded were cleaned and disinfected before loading with a disinfectant officially recognised in the third country of dispatch and they are so constructed that faeces, urine, litter or fodder cannot escape during transportation.

II.5. Attestation of animal welfare

The animals described in Box I.28. were examined today (1) and found fit to be transported on the intended journey and arrangements have been made to protect their health and well-being effectively at all stages of the journey.

II.6. Attestation of public health

The animals described in Box I.28. have not received any stilbene or thyrostatic substances nor any oestrogenic, androgenic, gestagenic or beta-agonist substances for purposes other than therapeutic or zootechnical treatment as defined in Article 1(2)(b) and(c) of Directive 96/22/EC.

The guarantees covering live equidae provided by the residue plan submitted and approved in accordance with Article 29 of Directive 96/23/EC are fulfilled.

Notes:

Part I:

Box I.8.: Provide the code of the country or part of the territory of the country as appearing in column 3 of Annex I to Commission Implementing Regulation (EU) 2018/659.

Box I.15.: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) and information is to be provided. In case of unloading and reloading, the consignor must inform the Border Inspection Post of entry into the Union.

Box I.23.: The container number and the seal number (if applicable) should be included.

Box I.28.: Species: Select amongst: "Equus caballus", "Equus asinus" or "Equus caballus x Equus asinus".

Identification system: Each of the animals must bear an individual identifier which permits to link the animal to the identification document. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

COUNTRY

Import — Equidae for slaughter

II.a. Certificate reference number

II.b. Local reference number

Part II:

(1) The certificate must be issued on the day of loading of the animals for dispatch to the Member State of destination in the Union.

The import of these equine animals for slaughter shall not be allowed when the animals were loaded either prior to the date of authorisation for imports of live equidae for slaughter into the Union from the respective country or part of the territory of a country mentioned under point II.1.1., or during a period where restrictive measures have been adopted by the Union against the entryof equidae from this country or this part of the territory of the country of dispatch.

(2) Code of the country or part of the territory of the country and the Sanitary Group as appearing in columns 3 and 5 respectively of Annex I to Commission Implementing Regulation (EU) 2018/659.

(3) Delete as appropriate.

(4) Delete statement if the attestation in point II.1.3. applies to the entire country of dispatch.

(5) Statements that relate entirely and exclusively to a Sanitary Group different from the Sanitary Group to which the country of dispatch, or part of its territory, is assigned, may be left out, provided that the numbering of the subsequent statements is maintained.

This health certificate shall:

(a) be drawn up in at least a language understood by the certifying officer and one of the official languages of the Member State of destination and of the Member State where the animals will enter Union territory and undergo the veterinary border checks;

(b) be made out to a single consignee;

(c) be signed and stamped in a colour different to the colour of the printing;

(d) consist of a single sheet of paper or all sheets of paper required are part of an integrated whole and indivisible by inserting page numbers and total number of pages, and each page shall bear the certificate reference number at the top of the page and those pages are stapled and stamped.

Official veterinarian

Name (in capital letters): Qualification and title:

Date: Signature:

Stamp:

Declaration by the owner or representative of the ownerfor entry into the Union of consignments of live equidae for slaughter

Identification of the animal (1)

Species (Scientific name)

Identification system

Identification number

Age

Sex

I, the undersigned owner (2) or representative of the owner (2) of the animals described above, hereby declare, that:

— the animals have remained in the country or part of the territory of the country of dispatch for at least 90 days prior to the date of dispatch;

— during the period of 15 days prior to the date of dispatch the animals have not been in contact with animals suffering from infectious or contagious diseases transmissible to equidae;

— the conditions for residence and pre-export isolation as applicable in accordance with point II.2. of the accompanying health certificate for the country or part of the territory of the country of dispatch are fulfilled;

— the conditions for the transport as applicable in accordance with point II.4. of the accompanying health certificate for the country or part of the territory of the country of dispatch are fulfilled;

— the transportation will be effected in such a way that health and well-being of the animal can be protected effectively at all stages of the journey;

— the animals will be sent

(2) either [directly from the premises of dispatch to the slaughterhouse of destination without coming into contact with other equidae not of the same health status;]

(2) or [from the premises of dispatch to the slaughterhouse of destination passing through a single approved market, marshalling or assembly centre referred to in Article 7(1) of Directive 2009/156/EC and without coming into contact with other equidae not of the same health status;]

Name and address of the owner (2) or representative (2):

Date: (dd/mm/yyyy)

(1) Species: Select amongst: Equus caballus, Equus asinus, or indicate any cross between those.

Identification system: The animal must bear an individual identifier which permits to link the animal to the identification document as defined in Article 2(b) of Commission Implementing Regulation (EU) 2018/659. Specify the identification system (such as ear tag, tattoo, brand, transponder) and the anatomic place used on the animal.

If a passport accompanies the animal, its number should be stated and the name of the competent authority which validated it.

Age: Date of birth (dd/mm/yyyy).

Sex (M = male, F = female, C = castrated).

(2) Delete as appropriate.

---

ANNEX III

In Annex III to Implementing Regulation (EU) 2018/659, Part 2 is amended as follows:

| (1) | in Section A, the words ‘Equine ova/embryos’ in the header of Part II of the model health certificate are replaced by ‘Equine ova/embryos - Section A’; |
| --- | --- |

(1)

in Section A, the words ‘Equine ova/embryos’ in the header of Part II of the model health certificate are replaced by ‘Equine ova/embryos - Section A’;

| (2) | in Section B, the words ‘Equine ova/embryos’ in the header of Part II of the model health certificate are replaced by ‘Equine ova/embryos - Section B’. |
| --- | --- |

(2)

in Section B, the words ‘Equine ova/embryos’ in the header of Part II of the model health certificate are replaced by ‘Equine ova/embryos - Section B’.

---

| 28.9.2018 | EN | Official Journal of the European Union | L 244/79 |
| --- | --- | --- | --- |

28.9.2018

EN

Official Journal of the European Union

L 244/79

---

COMMISSION IMPLEMENTING REGULATION (EU) 2018/1302

of 27 September 2018

amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,

Whereas:

| (1) | Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation. |
| --- | --- |

(1)

Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation.

| (2) | On 24 September 2018, the Sanctions Committee of the United Nations Security Council decided to remove three entries from the list of persons or entities to whom the freezing of funds and economic resources should apply. |
| --- | --- |

(2)

On 24 September 2018, the Sanctions Committee of the United Nations Security Council decided to remove three entries from the list of persons or entities to whom the freezing of funds and economic resources should apply.

| (3) | Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly, |
| --- | --- |

(3)

Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 September 2018.

For the Commission,

On behalf of the President,

Head of the Service for Foreign Policy Instruments

---

(1)  
  OJ L 169, 8.7.2003, p. 6.

1

---

ANNEX

In Annex III to Regulation (EC) No 1210/2003, the following entries are deleted:

| ‘61. | IRAQI FAIRS ADMINISTRATION. Address: Baghdad International Fair, Al Mansour, P.O. Box 6188, Baghdad, Iraq.’ |
| --- | --- |

‘61.

| ‘151. | STATE ENTERPRISE FOR SHOPPING CENTRES. Addresses: (a) P.O. Box 3095, Al Wahda District, Khalid Bin Al Waleed St., Baghdad, Iraq; (b) P.O. Box 3095, Andalus Square, Baghdad, Iraq.’ |
| --- | --- |

‘151.

| ‘195. | STATE TRADING COMPANY FOR CONSTRUCTION MATERIALS. Addresses: (a) P.O. Box 602-5720, Baghdad, Iraq; (b) Al-Karradah Al Sharkiya, P.O. Box 5720, Baghdad, Iraq.’ |
| --- | --- |

‘195.

---

DECISIONS

| 28.9.2018 | EN | Official Journal of the European Union | L 244/81 |
| --- | --- | --- | --- |

28.9.2018

EN

Official Journal of the European Union

L 244/81

---

COUNCIL DECISION (EU) 2018/1303

of 18 September 2018

on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2), and the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2016/838 (2) and entered into force on 1 July 2016. |
| --- | --- |

(1)

The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2016/838 (2) and entered into force on 1 July 2016.

| (2) | Pursuant to Article 406(3) of the Agreement, the Association Council has the power to update or amend the Annexes to the Agreement. |
| --- | --- |

(2)

Pursuant to Article 406(3) of the Agreement, the Association Council has the power to update or amend the Annexes to the Agreement.

| (3) | Pursuant to Article 408(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions. |
| --- | --- |

(3)

Pursuant to Article 408(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.

| (4) | Pursuant to Article 1 of the Decision No 3/2014 of the Association Council (3), the Association Council delegated the power to update or amend the Annexes to the Agreement which relate inter alia to Chapter 3 (Technical barriers to trade, standardisation, metrology, accreditation and conformity assessment) and Chapter 8 (Public Procurement) of Title IV (Trade and Trade-related Matters) of the Agreement to the Association Committee in Trade configuration, to the extent that there are no specific provisions in Chapter 3 and Chapter 8 relating to the update or the amendment of those Annexes. |
| --- | --- |

(4)

Pursuant to Article 1 of the Decision No 3/2014 of the Association Council (3), the Association Council delegated the power to update or amend the Annexes to the Agreement which relate inter alia to Chapter 3 (Technical barriers to trade, standardisation, metrology, accreditation and conformity assessment) and Chapter 8 (Public Procurement) of Title IV (Trade and Trade-related Matters) of the Agreement to the Association Committee in Trade configuration, to the extent that there are no specific provisions in Chapter 3 and Chapter 8 relating to the update or the amendment of those Annexes.

| (5) | Pursuant to Article 47(1) of the Agreement, Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration. |
| --- | --- |

(5)

Pursuant to Article 47(1) of the Agreement, Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration.

| (6) | Several Union acts listed in Annex III and Annex XVI to the Agreement have been amended or repealed since the conclusion of negotiations of the Agreement. It is necessary to update those Annexes by adding a number of acts that implement, amend, supplement or replace the measures listed therein. |
| --- | --- |

(6)

Several Union acts listed in Annex III and Annex XVI to the Agreement have been amended or repealed since the conclusion of negotiations of the Agreement. It is necessary to update those Annexes by adding a number of acts that implement, amend, supplement or replace the measures listed therein.

| (7) | It is therefore appropriate to establish the position to be taken on behalf of the Union in the Association Committee in Trade configuration with regard to the envisaged adoption of decisions regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement. |
| --- | --- |

(7)

It is therefore appropriate to establish the position to be taken on behalf of the Union in the Association Committee in Trade configuration with regard to the envisaged adoption of decisions regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement.

| (8) | It is appropriate to publish in the Official Journal of the European Union, after their adoption, the decisions of the Association Committee in Trade configuration updating Annex III and Annex XVI to the Agreement. |
| --- | --- |

(8)

It is appropriate to publish in the Official Journal of the European Union, after their adoption, the decisions of the Association Committee in Trade configuration updating Annex III and Annex XVI to the Agreement.

| (9) | In the Association Committee in Trade configuration, the Union is to be represented by the Commission in accordance with Article 17(1) of the Treaty on European Union, |
| --- | --- |

(9)

In the Association Committee in Trade configuration, the Union is to be represented by the Commission in accordance with Article 17(1) of the Treaty on European Union,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union's behalf within the Association Committee in Trade configuration shall be based on the following draft Decisions of the Association Committee in Trade configuration attached to this Decision:

| (a) | Decision No 1/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex III to the Agreement (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology; |
| --- | --- |

(a)

Decision No 1/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex III to the Agreement (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology;

| (b) | Decision No 2/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex XVI to the Agreement (public procurement). |
| --- | --- |

(b)

Decision No 2/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex XVI to the Agreement (public procurement).

Article 2

After their adoption, the Decisions of the Association Committee in Trade configuration referred to in Article 1 shall be published in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Commission.

Done at Brussels, 18 September 2018.

For the Council

The President

G. BLÜMEL

---

(1)  
  OJ L 261, 30.8.2014, p. 4.

1

(2)  Council Decision (EU) 2016/838 of 23 May 2016 on the conclusion, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (OJ L 141, 28.5.2016, p. 26).

2

(3)  Decision No 3/2014 of the EU-Georgia Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/2263] (OJ L 321, 5.12.2015, p. 72.).

3

---

DRAFT

DECISION No 1/2018 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION

of ... 2018

updating Annex III-A to the Association Agreement

THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, and in particular Article 47 thereof,

Whereas:

| (1) | In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), the Agreement entered into force on 1 July 2016. |
| --- | --- |

(1)

In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), the Agreement entered into force on 1 July 2016.

| (2) | Article 47 of the Agreement provides that Georgia is to gradually achieve approximation with the relevant Union acquis in accordance with the provisions of Annex III-A and Annex III-B to the Agreement and that Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration. |
| --- | --- |

(2)

Article 47 of the Agreement provides that Georgia is to gradually achieve approximation with the relevant Union acquis in accordance with the provisions of Annex III-A and Annex III-B to the Agreement and that Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration.

| (3) | Several Union acts listed in Annex III-A to the Agreement have been recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia. |
| --- | --- |

(3)

Several Union acts listed in Annex III-A to the Agreement have been recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia.

| (4) | It is necessary to update Annex III-A to the Agreement in order to reflect the evolution of the Union acquis listed in that Annex. |
| --- | --- |

(4)

It is necessary to update Annex III-A to the Agreement in order to reflect the evolution of the Union acquis listed in that Annex.

| (5) | In the interest of clarity, Annex III-A to the Agreement should be updated in its entirety and replaced. |
| --- | --- |

(5)

In the interest of clarity, Annex III-A to the Agreement should be updated in its entirety and replaced.

| (6) | It is appropriate to provide for a period for Georgia to implement the new Union acts in its domestic legislation. Accordingly, new deadlines for approximation of Georgia to the Union acts listed in Annex III-A should be indicated therein, |
| --- | --- |

(6)

It is appropriate to provide for a period for Georgia to implement the new Union acts in its domestic legislation. Accordingly, new deadlines for approximation of Georgia to the Union acts listed in Annex III-A should be indicated therein,

HAS ADOPTED THIS DECISION:

Article 1

Annex III-A to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, is replaced by the text appearing in the Annex to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at ...,

For the Association Committee in Trade configuration

The Chair

ANNEX

‘ANNEX III-A

LIST OF SECTORAL LEGISLATION FOR APPROXIMATION

The following list reflects Georgia's priorities with regard to the approximation of the Union's New Approach and Global Approach Directives as included in the Government of Georgia's Strategy in Standardisation, Accreditation, Conformity Assessment, Technical Regulation and Metrology and Programme on Legislative Reform and Adoption of Technical Regulations, of March 2010.

| 1. | Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC (1)

  Timetable: within five years of the entry into force of this Agreement |
| --- | --- |
| 2. | Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (recast) (2)

  Timetable: within five years of the entry into force of this Agreement |
| 3. | Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (recast) (3)

  Timetable: within five years of the entry into force of this Agreement |
| 4. | Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (4)

  Timetable: during 2013 |
| 5. | Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (recast) (5)

  Timetable: within five years of the entry into force of this Agreement |
| 6. | Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (6)

  Timetable: within five years of the entry into force of this Agreement |
| 7. | Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses (7)

  Timetable: within five years of the entry into force of this Agreement |
| 8. | Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) (8)

  Timetable: within five years of the entry into force of this Agreement |
| 9. | Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (9)

  Timetable: within five years of the entry into force of this Agreement |
| 10. | Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (10)

  Timetable: within eight years of the entry into force of this Agreement |
| 11. | Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (recast) (11)

  Timetable: within eight years of the entry into force of this Agreement |
| 12. | Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (12)

  Timetable: within eight years of the entry into force of this Agreement |
| 13. | Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (13)

  Timetable: within eight years of the entry into force of this Agreement |
| 14. | Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC (14)

  Timetable: within five years of the entry into force of this Agreement |
| 15. | Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (15)

  Timetable: within five years of the entry into force of this Agreement |
| 16. | Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast) (16)

  Timetable: within five years of the entry into force of this Agreement |
| 17. | Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (17)

  Timetable: within five years of the entry into force of this Agreement |
| 18. | Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (18)

  Timetable: within eight years of the entry into force of this Agreement |
| 19. | Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (recast) (19)

  Timetable: within eight years of the entry into force of this Agreement |
| 20. | Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) (20)

  Timetable: within eight years of the entry into force of this Agreement |

1.

Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC (1)

Timetable: within five years of the entry into force of this Agreement

2.

Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (recast) (2)

Timetable: within five years of the entry into force of this Agreement

3.

Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (recast) (3)

Timetable: within five years of the entry into force of this Agreement

4.

Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (4)

Timetable: during 2013

5.

Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (recast) (5)

Timetable: within five years of the entry into force of this Agreement

6.

Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (6)

Timetable: within five years of the entry into force of this Agreement

7.

Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses (7)

Timetable: within five years of the entry into force of this Agreement

8.

Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) (8)

Timetable: within five years of the entry into force of this Agreement

9.

Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (9)

Timetable: within five years of the entry into force of this Agreement

10.

Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (10)

Timetable: within eight years of the entry into force of this Agreement

11.

Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (recast) (11)

Timetable: within eight years of the entry into force of this Agreement

12.

Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (12)

Timetable: within eight years of the entry into force of this Agreement

13.

Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (13)

Timetable: within eight years of the entry into force of this Agreement

14.

Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC (14)

Timetable: within five years of the entry into force of this Agreement

15.

Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (15)

Timetable: within five years of the entry into force of this Agreement

16.

Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast) (16)

Timetable: within five years of the entry into force of this Agreement

17.

Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (17)

Timetable: within five years of the entry into force of this Agreement

18.

Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (18)

Timetable: within eight years of the entry into force of this Agreement

19.

Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (recast) (19)

Timetable: within eight years of the entry into force of this Agreement

20.

Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) (20)

Timetable: within eight years of the entry into force of this Agreement

---

(1)  
  OJ L 81, 31.3.2016, p. 1.

1

(2)  
  OJ L 96, 29.3.2014, p. 251.

2

(3)  
  OJ L 189, 27.6.2014, p. 164.

3

(4)  
  OJ L 167, 22.6.1992, p. 17.

4

(5)  
  OJ L 96, 29.3.2014, p. 45.

5

(6)  
  OJ L 354, 28.12.2013, p. 90.

6

(7)  
  OJ L 94, 5.4.2008, p. 8.

7

(8)  
  OJ L 96, 29.3.2014, p. 309.

8

(9)  
  OJ L 153, 22.5.2014, p. 62.

9

(10)  
  OJ L 96, 29.3.2014, p. 79.

10

(11)  
  OJ L 96, 29.3.2014, p. 357.

11

(12)  
  OJ L 117, 5.5.2017, p. 1.

12

(13)  
  OJ L 117, 5.5.2017, p. 176.

13

(14)  
  OJ L 81, 31.3.2016, p. 99.

14

(15)  
  OJ L 81, 31.3.2016, p. 51.

15

(16)  
  OJ L 157, 9.6.2006, p. 24.

16

(17)  
  OJ L 170, 30.6.2009, p. 1.

17

(18)  
  OJ L 88, 4.4.2011, p. 5.

18

(19)  
  OJ L 96, 29.3.2014, p. 107.

19

(20)  
  OJ L 96, 29.3.2014, p. 149.

20

---

DRAFT

DECISION No 2/2018 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION

of ... 2018

updating Annex XVI to the Association Agreement

THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, and in particular Article 142, Article 146 and Article 408 thereof,

Having regard to Decision No 3/2014 of the Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration (1),

Whereas:

| (1) | In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), the Agreement entered into force on 1 July 2016. |
| --- | --- |

(1)

In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), the Agreement entered into force on 1 July 2016.

| (2) | Article 142 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XVI-A are to be revised regularly, beginning in the year of entry into force of the Agreement, and that such revision is to be adopted by a decision of the Association Committee in Trade configuration. |
| --- | --- |

(2)

Article 142 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XVI-A are to be revised regularly, beginning in the year of entry into force of the Agreement, and that such revision is to be adopted by a decision of the Association Committee in Trade configuration.

| (3) | Article 406(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council, by its Decision No 3/2014, delegated the power to update or amend certain trade-related Annexes to the Association Committee in Trade configuration. |
| --- | --- |

(3)

Article 406(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council, by its Decision No 3/2014, delegated the power to update or amend certain trade-related Annexes to the Association Committee in Trade configuration.

| (4) | Article 146 of the Agreement provides that Georgia is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided for in Annex XVI-B to the Agreement. |
| --- | --- |

(4)

Article 146 of the Agreement provides that Georgia is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided for in Annex XVI-B to the Agreement.

| (5) | Several Union acts listed in Annex XVI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia:






  (a) | Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (2); |
| --- | --- | --- |

(5)

Several Union acts listed in Annex XVI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia:

(a)

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (2);

| (b) | Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (3); |
| --- | --- |

(b)

Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (3);

| (c) | Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (4). |
| --- | --- |

(c)

Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (4).

| (6) | It is necessary to update Annex XVI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 142 and 146 of the Agreement. |
| --- | --- |

(6)

It is necessary to update Annex XVI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 142 and 146 of the Agreement.

| (7) | In the interest of clarity, Annex XVI should be updated in its entirety and replaced, |
| --- | --- |

(7)

In the interest of clarity, Annex XVI should be updated in its entirety and replaced,

HAS ADOPTED THIS DECISION:

Article 1

Annex XVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part, is replaced by the text appearing in the Annex to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at ...,

For the Association Committee in Trade configuration

The Chair

---

(1)  
  OJ L 321, 5.12.2015, p. 72.

1

(2)  
  OJ L 94, 28.3.2014, p. 1.

2

(3)  
  OJ L 94, 28.3.2014, p. 65.

3

(4)  
  OJ L 94, 28.3.2014, p. 243.

4

ANNEX

‘ANNEX XVI

PUBLIC PROCUREMENT

ANNEX XVI-A

THRESHOLDS

The value thresholds mentioned in Article 142(3) of this Agreement shall be for both Parties:

| (a) | EUR 144 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities; |
| --- | --- |

(a)

EUR 144 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;

| (b) | EUR 221 000 in the case of public supply and public service contracts not covered by point (a); |
| --- | --- |

(b)

EUR 221 000 in the case of public supply and public service contracts not covered by point (a);

| (c) | EUR 5 548 000 in the case of public works contracts; |
| --- | --- |

(c)

EUR 5 548 000 in the case of public works contracts;

| (d) | EUR 5 548 000 in the case of works contracts in the utilities sector; |
| --- | --- |

(d)

EUR 5 548 000 in the case of works contracts in the utilities sector;

| (e) | EUR 5 548 000 in the case of concessions; |
| --- | --- |

(e)

EUR 5 548 000 in the case of concessions;

| (f) | EUR 443 000 in the case of supply and service contracts in the utilities sector; |
| --- | --- |

(f)

EUR 443 000 in the case of supply and service contracts in the utilities sector;

| (g) | EUR 750 000 for public service contracts for social and other specific services; |
| --- | --- |

(g)

EUR 750 000 for public service contracts for social and other specific services;

| (h) | EUR 1 000 000 for service contracts for social and other specific services in the utilities sector. |
| --- | --- |

(h)

EUR 1 000 000 for service contracts for social and other specific services in the utilities sector.

ANNEX XVI-B

INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, APPROXIMATION AND MARKET ACCESS

| Phase | | Indicative time schedule | Market access granted to the EU by Georgia | Market access granted to Georgia by the EU | |
| --- | --- | --- | --- | --- | --- |
| 1 | Implementation of Articles 143(2) and 144 of this Agreement
  Agreement of the Reform Strategy set out in Article 145 of this Agreement | Three years after the entry into force of this Agreement | Supplies for central government authorities | Supplies for central government authorities | |
| 2 | Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC | Five years after the entry into force of this Agreement | Supplies for state, regional and local authorities and bodies governed by public law | Supplies for state, regional and local authorities and bodies governed by public law | Annexes XVI-C and XVI-D |
| 3 | Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC | Six years after the entry into force of this Agreement | Supplies for all contracting entities in the utilities sector | Supplies for all contracting entities | Annexes XVI-E and XVI-F |
| 4 | Approximation and implementation of other elements of Directive 2014/24/EU and of Directive 2014/23/EU | Seven years after the entry into force of this Agreement | Service and works contracts and concessions for all contracting authorities | Service and works contracts and concessions for all contracting authorities | Annexes XVI-G, XVI-H, and XVI-I |
| 5 | Approximation and implementation of other elements of Directive 2014/25/EU | Eight years after the entry into force of this Agreement | Service and works contracts for all contracting entities in the utilities sector | Service and works contracts for all contracting entities in the utilities sector | Annexes XVI-J and XVI-K |

Phase

Indicative time schedule

Market access granted to the EU by Georgia

Market access granted to Georgia by the EU

1

Implementation of Articles 143(2) and 144 of this Agreement

Agreement of the Reform Strategy set out in Article 145 of this Agreement

Three years after the entry into force of this Agreement

Supplies for central government authorities

Supplies for central government authorities

2

Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC

Five years after the entry into force of this Agreement

Supplies for state, regional and local authorities and bodies governed by public law

Supplies for state, regional and local authorities and bodies governed by public law

Annexes XVI-C and XVI-D

3

Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC

Six years after the entry into force of this Agreement

Supplies for all contracting entities in the utilities sector

Supplies for all contracting entities

Annexes XVI-E and XVI-F

4

Approximation and implementation of other elements of Directive 2014/24/EU and of Directive 2014/23/EU

Seven years after the entry into force of this Agreement

Service and works contracts and concessions for all contracting authorities

Service and works contracts and concessions for all contracting authorities

Annexes XVI-G, XVI-H, and XVI-I

5

Approximation and implementation of other elements of Directive 2014/25/EU

Eight years after the entry into force of this Agreement

Service and works contracts for all contracting entities in the utilities sector

Service and works contracts for all contracting entities in the utilities sector

Annexes XVI-J and XVI-K

ANNEX XVI-C

BASIC ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   (1)

(Phase 2)

| TITLE I | SCOPE, DEFINITIONS AND GENERAL PRINCIPLES |
| --- | --- |
| CHAPTER I | Scope and definitions |
| Section 1 | Subject-matter and definitions |
| Article 1 | Subject-matter and scope: paragraphs 1, 2, 5 and 6 |
| Article 2 | Definitions: paragraph 1, points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23) and (24) |
| Article 3 | Mixed procurement |
| Section 2 | Thresholds |
| Article 4 | Threshold amounts |
| Article 5 | Methods for calculating the estimated value of procurement |
| Section 3 | Exclusions |
| Article 7 | Contracts in the water, energy, transport and postal services sectors |
| Article 8 | Specific exclusions in the field of electronic communications |
| Article 9 | Public contracts awarded and design contests organised pursuant to international rules |
| Article 10 | Specific exclusions for service contracts |
| Article 11 | Service contracts awarded on the basis of an exclusive right |
| Article 12 | Public contracts between entities within the public sector |
| Section 4 | Specific situations |
| Subsection 1: | Subsidised contracts and research and development services |
| Article 13 | Contracts subsidised by contracting authorities |
| Article 14 | Research and development services |
| Subsection 2: | Procurement involving defence and security aspects |
| Article 15 | Defence and security |
| Article 16 | Mixed procurement involving defence or security aspects |
| Article 17 | Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules |
| CHAPTER II | General Rules |
| Article 18 | Principles of procurement |
| Article 19 | Economic operators |
| Article 21 | Confidentiality |
| Article 22 | Rules applicable to communication: paragraphs 2-6 |
| Article 23 | Nomenclatures |
| Article 24 | Conflicts of interest |
| TITLE II | RULES ON PUBLIC CONTRACTS |
| CHAPTER I | Procedures |
| Article 26 | Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6 |
| Article 27 | Open procedure |
| Article 28 | Restricted procedure |
| Article 29 | Competitive procedure with negotiation |
| Article 32 | Use of the negotiated procedure without prior publication |
| CHAPTER III | Conduct of the procedure |
| Section 1 | Preparation |
| Article 40 | Preliminary market consultations |
| Article 41 | Prior involvement of candidates or tenderers |
| Article 42 | Technical specifications |
| Article 43 | Labels |
| Article 44 | Test reports, certification and other means of proof: paragraphs 1, 2 |
| Article 45 | Variants |
| Article 46 | Division of contracts into lots |
| Article 47 | Setting time limits |
| Section 2 | Publication and transparency |
| Article 48 | Prior information notices |
| Article 49 | Contract notices |
| Article 50 | Contract award notices: paragraphs 1 and 4 |
| Article 51 | Form and manner of publication of notices: first subparagraph of paragraph 1, first subparagraph of paragraph 5 |
| Article 53 | Electronic availability of procurement documents |
| Article 54 | Invitations to candidates |
| Article 55 | Informing candidates and tenderers |
| Section 3 | Choice of participants and award of contracts |
| Article 56 | General principles |
| Subsection 1: | Criteria for qualitative selection |
| Article 57 | Exclusion grounds |
| Article 58 | Selection criteria |
| Article 59 | European Single Procurement Document: paragraph 1 mutatis mutandis, paragraph 4 |
| Article 60 | Means of proof |
| Article 62 | Quality assurance standards and environmental management standards: paragraphs 1 and 2 |
| Article 63 | Reliance on the capacities of other entities |
| Subsection 2: | Reduction of numbers of candidates, tenders and solutions |
| Article 65 | Reduction of the number of otherwise qualified candidates to be invited to participate |
| Article 66 | Reduction of the number of tenders and solutions |
| Subsection 3: | Award of the contract |
| Article 67 | Contract award criteria |
| Article 68 | Life-cycle costing: paragraphs 1 and 2 |
| Article 69 | Abnormally low tenders: paragraphs 1-4 |
| CHAPTER IV | Contract performance |
| Article 70 | Conditions for performance of contracts |
| Article 71 | Subcontracting |
| Article 72 | Modification of contracts during their term |
| Article 73 | Termination of contracts |
| TITLE III | PARTICULAR PROCUREMENT REGIMES |
| CHAPTER I | Social and other specific services |
| Article 74 | Award of contracts for social and other specific services |
| Article 75 | Publication of notices |
| Article 76 | Principles of awarding contracts |
| ANNEXES | |
| ANNEX II | LIST OF THE ACTIVITIES REFFERED TO IN POINT 6(a) OF ARTICLE 2(1) |
| ANNEX III | LIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE |
| ANNEX IV | REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AS WELL AS PLANS AND PROJECTS IN CONTESTS |
| ANNEX V | INFORMATION TO BE INCLUDED IN NOTICES |
| Part A: | INFORMATION TO BE INCLUDED IN NOTICES OF THE PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILE |
| Part B: | INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES (as referred to in Article 48) |
| Part C: | INFORMATION TO BE INCLUDED IN CONTRACT NOTICES (as referred to in Article 49) |
| Part D: | INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES (as referred to in Article 50) |
| Part G: | INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONTRACT DURING ITS TERM (as referred to in Article 72(1)) |
| Part H: | INFORMATION TO BE INCLUDED IN CONTRACT NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1)) |
| Part I: | INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1)) |
| Part J: | INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(2)) |
| ANNEX VII | DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS |
| ANNEX IX | CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 54 |
| ANNEX X | LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) |
| ANNEX XII | MEANS OF PROOF OF SELECTION CRITERIA |
| ANNEX XIV | SERVICES REFFERED TO IN ARTICLE 74 |

TITLE I

SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

CHAPTER I

Scope and definitions

Section 1

Subject-matter and definitions

Article 1

Subject-matter and scope: paragraphs 1, 2, 5 and 6

Article 2

Definitions: paragraph 1, points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23) and (24)

Article 3

Mixed procurement

Section 2

Thresholds

Article 4

Threshold amounts

Article 5

Methods for calculating the estimated value of procurement

Section 3

Exclusions

Article 7

Contracts in the water, energy, transport and postal services sectors

Article 8

Specific exclusions in the field of electronic communications

Article 9

Public contracts awarded and design contests organised pursuant to international rules

Article 10

Specific exclusions for service contracts

Article 11

Service contracts awarded on the basis of an exclusive right

Article 12

Public contracts between entities within the public sector

Section 4

Specific situations

Subsection 1:

Subsidised contracts and research and development services

Article 13

Contracts subsidised by contracting authorities

Article 14

Research and development services

Subsection 2:

Procurement involving defence and security aspects

Article 15

Defence and security

Article 16

Mixed procurement involving defence or security aspects

Article 17

Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

CHAPTER II

General Rules

Article 18

Principles of procurement

Article 19

Economic operators

Article 21

Confidentiality

Article 22

Rules applicable to communication: paragraphs 2-6

Article 23

Nomenclatures

Article 24

Conflicts of interest

TITLE II

RULES ON PUBLIC CONTRACTS

CHAPTER I

Procedures

Article 26

Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6

Article 27

Open procedure

Article 28

Restricted procedure

Article 29

Competitive procedure with negotiation

Article 32

Use of the negotiated procedure without prior publication

CHAPTER III

Conduct of the procedure

Section 1

Preparation

Article 40

Preliminary market consultations

Article 41

Prior involvement of candidates or tenderers

Article 42

Technical specifications

Article 43

Labels

Article 44

Test reports, certification and other means of proof: paragraphs 1, 2

Article 45

Variants

Article 46

Division of contracts into lots

Article 47

Setting time limits

Section 2

Publication and transparency

Article 48

Prior information notices

Article 49

Contract notices

Article 50

Contract award notices: paragraphs 1 and 4

Article 51

Form and manner of publication of notices: first subparagraph of paragraph 1, first subparagraph of paragraph 5

Article 53

Electronic availability of procurement documents

Article 54

Invitations to candidates

Article 55

Informing candidates and tenderers

Section 3

Choice of participants and award of contracts

Article 56

General principles

Subsection 1:

Criteria for qualitative selection

Article 57

Exclusion grounds

Article 58

Selection criteria

Article 59

European Single Procurement Document: paragraph 1 mutatis mutandis, paragraph 4

Article 60

Means of proof

Article 62

Quality assurance standards and environmental management standards: paragraphs 1 and 2

Article 63

Reliance on the capacities of other entities

Subsection 2:

Reduction of numbers of candidates, tenders and solutions

Article 65

Reduction of the number of otherwise qualified candidates to be invited to participate

Article 66

Reduction of the number of tenders and solutions

Subsection 3:

Award of the contract

Article 67

Contract award criteria

Article 68

Life-cycle costing: paragraphs 1 and 2

Article 69

Abnormally low tenders: paragraphs 1-4

CHAPTER IV

Contract performance

Article 70

Conditions for performance of contracts

Article 71

Subcontracting

Article 72

Modification of contracts during their term

Article 73

Termination of contracts

TITLE III

PARTICULAR PROCUREMENT REGIMES

CHAPTER I

Social and other specific services

Article 74

Award of contracts for social and other specific services

Article 75

Publication of notices

Article 76

Principles of awarding contracts

ANNEXES

ANNEX II

LIST OF THE ACTIVITIES REFFERED TO IN POINT 6(a) OF ARTICLE 2(1)

ANNEX III

LIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE

ANNEX IV

REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AS WELL AS PLANS AND PROJECTS IN CONTESTS

ANNEX V

INFORMATION TO BE INCLUDED IN NOTICES

Part A:

INFORMATION TO BE INCLUDED IN NOTICES OF THE PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILE

Part B:

INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES (as referred to in Article 48)

Part C:

INFORMATION TO BE INCLUDED IN CONTRACT NOTICES (as referred to in Article 49)

Part D:

INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES (as referred to in Article 50)

Part G:

INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONTRACT DURING ITS TERM (as referred to in Article 72(1))

Part H:

INFORMATION TO BE INCLUDED IN CONTRACT NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1))

Part I:

INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1))

Part J:

INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(2))

ANNEX VII

DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS

ANNEX IX

CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 54

ANNEX X

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2)

ANNEX XII

MEANS OF PROOF OF SELECTION CRITERIA

ANNEX XIV

SERVICES REFFERED TO IN ARTICLE 74

ANNEX XVI-D

BASIC ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC
   (2)

as amended by Directive 2007/66/EC of the European Parliament and of the Council (3) and Directive 2014/23/EU of the European Parliament and of the Council (4)
   (5)

(Phase 2)

| Article 1 | Scope and availability of review procedures |
| --- | --- |
| Article 2 | Requirements for review procedures |
| Article 2a | Standstill period |
| Article 2b | Derogations from the standstill period |
| | Point (b) of the first paragraph |
| Article 2c | Time limits for applying for review |
| Article 2d | Ineffectiveness |
| | Point (b) of paragraph 1 |
| | Paragraph 2 and 3 |
| Article 2e | Infringements of this Directive and alternative penalties |
| Article 2f | Time limits |

Article 1

Scope and availability of review procedures

Article 2

Requirements for review procedures

Article 2a

Standstill period

Article 2b

Derogations from the standstill period

Point (b) of the first paragraph

Article 2c

Time limits for applying for review

Article 2d

Ineffectiveness

Point (b) of paragraph 1

Paragraph 2 and 3

Article 2e

Infringements of this Directive and alternative penalties

Article 2f

Time limits

ANNEX XVI-E

BASIC ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   (6)

(Phase 3)

| TITLE I | SCOPE, DEFINITIONS AND GENERAL PRINCIPLES |
| --- | --- |
| CHAPTER I | Subject-matter and definitions |
| Article 1 | Subject-matter and scope: paragraphs 1, 2, 5 and 6 |
| Article 2 | Definitions: points 1-9, 13-16 and 18-20 |
| Article 3 | Contracting authorities (paragraphs 1 and 4) |
| Article 4 | Contracting entities: paragraphs 1-3 |
| Article 5 | Mixed procurement covering the same activity |
| Article 6 | Procurement covering several activities |
| CHAPTER II | Activities |
| Article 7 | Common provisions |
| Article 8 | Gas and heat |
| Article 9 | Electricity |
| Article 10 | Water |
| Article 11 | Transport services |
| Article 12 | Ports and airports |
| Article 13 | Postal services |
| Article 14 | Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels |
| CHAPTER III | Material scope |
| Section 1 | Thresholds |
| Article 15 | Threshold amounts |
| Article 16 | Methods for calculating the estimated value of procurement: paragraph 1-4 and 7-14 |
| Section 2 | Excluded contracts and design contests; special provisions for procurement involving defence and security aspects |
| Subsection 1: | Exclusions applicable to all contracting entities and special exclusions for the water and energy sectors |
| Article 18 | Contracts awarded for purposes of resale or lease to third parties: paragraph 1 |
| Article 19 | Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 1 |
| Article 20 | Contracts awarded and design contests organised pursuant to international rules |
| Article 21 | Specific exclusions for service contracts |
| Article 22 | Service contracts awarded on the basis of an exclusive right |
| Article 23 | Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy |
| Subsection 2: | Procurement involving defence and security aspects |
| Article 24 | Defence and security |
| Article 25 | Mixed procurement covering the same activity and involving defence or security aspects |
| Article 26 | Procurement covering several activities and involving defence or security aspects |
| Article 27 | Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules |
| Subsection 3: | Special relations (cooperation, affiliated undertakings and joint ventures) |
| Article 28 | Contracts between contracting authorities |
| Article 29 | Contracts awarded to an affiliated undertaking |
| Article 30 | Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture |
| Subsection 4: | Specific situations |
| Article 32 | Research and development services |
| CHAPTER IV | General principles |
| Article 36 | Principles of procurement |
| Article 37 | Economic operators |
| Article 39 | Confidentiality |
| Article 40 | Rules applicable to communication |
| Article 41 | Nomenclatures |
| Article 42 | Conflicts of interest |
| TITLE II | RULES APPLICABLE TO CONTRACTS |
| CHAPTER I | Procedures |
| Article 44 | Choice of procedures: paragraphs 1, 2, 4 |
| Article 45 | Open procedure |
| Article 46 | Restricted procedure |
| Article 47 | Negotiated procedure with prior call for competition |
| Article 50 | Use of the negotiated procedure without prior call for competition: points (a) – (i) |
| CHAPTER III | Conduct of the procedure |
| Section 1 | Preparation |
| Article 58 | Preliminary market consultations |
| Article 59 | Prior involvement of candidates or tenderers |
| Article 60 | Technical specifications |
| Article 61 | Labels |
| Article 62 | Test reports, certification and other means of proof |
| Article 63 | Communication of technical specifications |
| Article 64 | Variants |
| Article 65 | Division of contracts into lots |
| Article 66 | Setting time limits |
| Section 2 | Publication and transparency |
| Article 67 | Periodic indicative notices |
| Article 68 | Notices on the existence of a qualification system |
| Article 69 | Contract notices |
| Article 70 | Contract award notices: paragraphs 1, 3, 4 |
| Article 71 | Form and manner of publication of notices: paragraph 1, first subparagraph of paragraph 5 |
| Article 73 | Electronic availability of procurement documents |
| Article 74 | Invitations to candidates |
| Article 75 | Informing applicants for qualification, candidates and tenderers |
| Section 3 | Choice of participants and award of contracts |
| Article 76 | General principles |
| Subsection 1: | Qualification and qualitative selection |
| Article 78 | Criteria for qualitative selection |
| Article 79 | Reliance on the capacities of other entities: paragraph 2 |
| Article 80 | Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU |
| Article 81 | Quality assurance standards and environmental management standards: paragraphs 1, 2 |
| Subsection 2: | Award of the contract |
| Article 82 | Contract award criteria |
| Article 83 | Life-cycle costing: paragraphs 1 and 2 |
| Article 84 | Abnormally low tenders: paragraphs 1-4 |
| CHAPTER IV | Contract performance |
| Article 87 | Conditions for performance of contracts |
| Article 88 | Subcontracting |
| Article 89 | Modification of contracts during their term |
| Article 90 | Termination of contracts |
| TITLE III | PARTICULAR PROCUREMENT REGIMES |
| CHAPTER I | Social and other specific services |
| Article 91 | Award of contracts for social and other specific services |
| Article 92 | Publication of notices |
| Article 93 | Principles of awarding contracts |
| ANNEXES | |
| ANNEX I | List of activities as set out in point (a) of point 2 of Article 2 |
| ANNEX V | Requirement relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests |
| ANNEX VI | |
| Part A | Information to be included in the periodic indicative notice (as referred to in Article 67) |
| Part B | Information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1)) |
| ANNEX VIII | Definition of certain technical specifications |
| ANNEX IX | Features concerning publication |
| ANNEX X | Information to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68) |
| ANNEX XI | Information to be included in contract notices (as referred to in Article 69) |
| ANNEX XII | Information to be included in the contract award notice (as referred to in Article 70) |
| ANNEX XIII | Contents of the invitations to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74 |
| ANNEX XIV | List of International Social and Environmental Conventions referred to in Article 36(2) |
| ANNEX XVI | Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1)) |
| ANNEX XVII | Services referred to in Article 91 |
| ANNEX XVIII | Information to be included in notices concerning contracts for social and other specific services (as referred to in Article 92) |

TITLE I

SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

CHAPTER I

Subject-matter and definitions

Article 1

Subject-matter and scope: paragraphs 1, 2, 5 and 6

Article 2

Definitions: points 1-9, 13-16 and 18-20

Article 3

Contracting authorities (paragraphs 1 and 4)

Article 4

Contracting entities: paragraphs 1-3

Article 5

Mixed procurement covering the same activity

Article 6

Procurement covering several activities

CHAPTER II

Activities

Article 7

Common provisions

Article 8

Gas and heat

Article 9

Electricity

Article 10

Water

Article 11

Transport services

Article 12

Ports and airports

Article 13

Postal services

Article 14

Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels

CHAPTER III

Material scope

Section 1

Thresholds

Article 15

Threshold amounts

Article 16

Methods for calculating the estimated value of procurement: paragraph 1-4 and 7-14

Section 2

Excluded contracts and design contests; special provisions for procurement involving defence and security aspects

Subsection 1:

Exclusions applicable to all contracting entities and special exclusions for the water and energy sectors

Article 18

Contracts awarded for purposes of resale or lease to third parties: paragraph 1

Article 19

Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 1

Article 20

Contracts awarded and design contests organised pursuant to international rules

Article 21

Specific exclusions for service contracts

Article 22

Service contracts awarded on the basis of an exclusive right

Article 23

Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy

Subsection 2:

Procurement involving defence and security aspects

Article 24

Defence and security

Article 25

Mixed procurement covering the same activity and involving defence or security aspects

Article 26

Procurement covering several activities and involving defence or security aspects

Article 27

Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

Subsection 3:

Special relations (cooperation, affiliated undertakings and joint ventures)

Article 28

Contracts between contracting authorities

Article 29

Contracts awarded to an affiliated undertaking

Article 30

Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture

Subsection 4:

Specific situations

Article 32

Research and development services

CHAPTER IV

General principles

Article 36

Principles of procurement

Article 37

Economic operators

Article 39

Confidentiality

Article 40

Rules applicable to communication

Article 41

Nomenclatures

Article 42

Conflicts of interest

TITLE II

RULES APPLICABLE TO CONTRACTS

CHAPTER I

Procedures

Article 44

Choice of procedures: paragraphs 1, 2, 4

Article 45

Open procedure

Article 46

Restricted procedure

Article 47

Negotiated procedure with prior call for competition

Article 50

Use of the negotiated procedure without prior call for competition: points (a) – (i)

CHAPTER III

Conduct of the procedure

Section 1

Preparation

Article 58

Preliminary market consultations

Article 59

Prior involvement of candidates or tenderers

Article 60

Technical specifications

Article 61

Labels

Article 62

Test reports, certification and other means of proof

Article 63

Communication of technical specifications

Article 64

Variants

Article 65

Division of contracts into lots

Article 66

Setting time limits

Section 2

Publication and transparency

Article 67

Periodic indicative notices

Article 68

Notices on the existence of a qualification system

Article 69

Contract notices

Article 70

Contract award notices: paragraphs 1, 3, 4

Article 71

Form and manner of publication of notices: paragraph 1, first subparagraph of paragraph 5

Article 73

Electronic availability of procurement documents

Article 74

Invitations to candidates

Article 75

Informing applicants for qualification, candidates and tenderers

Section 3

Choice of participants and award of contracts

Article 76

General principles

Subsection 1:

Qualification and qualitative selection

Article 78

Criteria for qualitative selection

Article 79

Reliance on the capacities of other entities: paragraph 2

Article 80

Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU

Article 81

Quality assurance standards and environmental management standards: paragraphs 1, 2

Subsection 2:

Award of the contract

Article 82

Contract award criteria

Article 83

Life-cycle costing: paragraphs 1 and 2

Article 84

Abnormally low tenders: paragraphs 1-4

CHAPTER IV

Contract performance

Article 87

Conditions for performance of contracts

Article 88

Subcontracting

Article 89

Modification of contracts during their term

Article 90

Termination of contracts

TITLE III

PARTICULAR PROCUREMENT REGIMES

CHAPTER I

Social and other specific services

Article 91

Award of contracts for social and other specific services

Article 92

Publication of notices

Article 93

Principles of awarding contracts

ANNEXES

ANNEX I

List of activities as set out in point (a) of point 2 of Article 2

ANNEX V

Requirement relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests

ANNEX VI

Part A

Information to be included in the periodic indicative notice (as referred to in Article 67)

Part B

Information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1))

ANNEX VIII

Definition of certain technical specifications

ANNEX IX

Features concerning publication

ANNEX X

Information to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68)

ANNEX XI

Information to be included in contract notices (as referred to in Article 69)

ANNEX XII

Information to be included in the contract award notice (as referred to in Article 70)

ANNEX XIII

Contents of the invitations to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74

ANNEX XIV

List of International Social and Environmental Conventions referred to in Article 36(2)

ANNEX XVI

Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1))

ANNEX XVII

Services referred to in Article 91

ANNEX XVIII

Information to be included in notices concerning contracts for social and other specific services (as referred to in Article 92)

ANNEX XVI-F

BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC
   (7)

as amended by Directive 2007/66/EC of the European Parliament and of the Council (8) and Directive 2014/23/EU of the European Parliament and of the Council (9)
   (10)

(Phase 3)

| Article 1 | Scope and availability of review procedures |
| --- | --- |
| Article 2 | Requirements for review procedures |
| Article 2a | Standstill period |
| Article 2b | Derogations from the standstill period |
| | Point (b) of the first paragraph |
| Article 2c | Time limits for applying for review |
| Article 2d | Ineffectiveness |
| | Point (b) of paragraph 1 |
| | Paragraphs 2 and 3 |
| Article 2e | Infringements of this Directive and alternative penalties |
| Article 2f | Time limits |

Article 1

Scope and availability of review procedures

Article 2

Requirements for review procedures

Article 2a

Standstill period

Article 2b

Derogations from the standstill period

Point (b) of the first paragraph

Article 2c

Time limits for applying for review

Article 2d

Ineffectiveness

Point (b) of paragraph 1

Paragraphs 2 and 3

Article 2e

Infringements of this Directive and alternative penalties

Article 2f

Time limits

ANNEX XVI-G

(Phase 4)

I.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (11)

The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.

| TITLE I | SCOPE, DEFINITIONS AND GENERAL PRINCIPLES |
| --- | --- |
| CHAPTER I | Scope and definitions |
| Section 1 | Subject-matter and definitions |
| Article 2 | Definitions (paragraph 1, points (14) and (16)) |
| CHAPTER II | General rules |
| Article 20 | Reserved contracts |
| TITLE II | RULES ON PUBLIC CONTRACTS |
| CHAPTER II | Techniques and instruments for electronic and aggregated procurement |
| Article 37 | Centralised purchasing activities and central purchasing bodies |
| CHAPTER III | Conduct of the procedure |
| Section 3 | Choice of participants and award of contracts |
| Subsection 1: | Criteria for qualitative selection |
| Article 64 | Official lists of approved economic operators and certification by bodies established under public or private law |
| TITLE III | PARTICULAR PROCUREMENT REGIMES |
| CHAPTER I | Social and other specific services |
| Article 77 | Reserved contracts for certain services |

TITLE I

SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

CHAPTER I

Scope and definitions

Section 1

Subject-matter and definitions

Article 2

Definitions (paragraph 1, points (14) and (16))

CHAPTER II

General rules

Article 20

Reserved contracts

TITLE II

RULES ON PUBLIC CONTRACTS

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 37

Centralised purchasing activities and central purchasing bodies

CHAPTER III

Conduct of the procedure

Section 3

Choice of participants and award of contracts

Subsection 1:

Criteria for qualitative selection

Article 64

Official lists of approved economic operators and certification by bodies established under public or private law

TITLE III

PARTICULAR PROCUREMENT REGIMES

CHAPTER I

Social and other specific services

Article 77

Reserved contracts for certain services

II.   NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (12)

The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.

| TITLE I | SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS |
| --- | --- |
| CHAPTER I | Scope, general principles and definitions |
| Section IV | Specific situations |
| Article 24 | Reserved concessions |

TITLE I

SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS

CHAPTER I

Scope, general principles and definitions

Section IV

Specific situations

Article 24

Reserved concessions

ANNEX XVI-H

(Phase 4)

I.   OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (13)

| TITLE I | SCOPE, DEFINITIONS AND GENERAL PRINCIPLES |
| --- | --- |
| CHAPTER I | Scope and definitions |
| Section 1 | Subject-matter and definitions |
| Article 2 | Definitions (paragraph 1 point (21)) |
| CHAPTER II | General rules |
| Article 22 | Rules applicable to communication: paragraph 1 |
| TITLE II | RULES ON PUBLIC CONTRACTS |
| CHAPTER I | Procedures |
| Article 26 | Choice of procedures: paragraph 3, second alternative of paragraph 4 |
| Article 30 | Competitive dialogue |
| Article 31 | Innovation Partnership |
| CHAPTER II | Techniques and instruments for electronic and aggregated procurement |
| Article 33 | Framework agreements |
| Article 34 | Dynamic purchasing systems |
| Article 35 | Electronic auctions |
| Article 36 | Electronic catalogues |
| Article 38 | Occasional joint procurement |
| CHAPTER III | Conduct of the procedure |
| Section 2 | Publication and Transparency |
| Article 50 | Contract award notices: paragraphs 2 and 3 |
| TITLE III | PARTICULAR PROCUREMENT REGIMES |
| CHAPTER II | Rules governing design contests |
| Article 78 | Scope |
| Article 79 | Notices |
| Article 80 | Rules on the organisation of design contests and the selection of participants |
| Article 81 | Composition of the jury |
| Article 82 | Decisions of the jury |
| ANNEXES | |
| ANNEX V | INFORMATION TO BE INCLUDED IN NOTICES |
| Part E: | INFORMATION TO BE INCLUDED IN DESIGN CONTEST NOTICES (as referred to in Article 79(1)) |
| Part F: | INFORMATION TO BE INCLUDED IN NOTICES OF THE RESULTS OF A CONTEST (as referred to in Article 79(2)) |
| ANNEX VI | INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 35(4)) |

TITLE I

SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

CHAPTER I

Scope and definitions

Section 1

Subject-matter and definitions

Article 2

Definitions (paragraph 1 point (21))

CHAPTER II

General rules

Article 22

Rules applicable to communication: paragraph 1

TITLE II

RULES ON PUBLIC CONTRACTS

CHAPTER I

Procedures

Article 26

Choice of procedures: paragraph 3, second alternative of paragraph 4

Article 30

Competitive dialogue

Article 31

Innovation Partnership

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 33

Framework agreements

Article 34

Dynamic purchasing systems

Article 35

Electronic auctions

Article 36

Electronic catalogues

Article 38

Occasional joint procurement

CHAPTER III

Conduct of the procedure

Section 2

Publication and Transparency

Article 50

Contract award notices: paragraphs 2 and 3

TITLE III

PARTICULAR PROCUREMENT REGIMES

CHAPTER II

Rules governing design contests

Article 78

Scope

Article 79

Notices

Article 80

Rules on the organisation of design contests and the selection of participants

Article 81

Composition of the jury

Article 82

Decisions of the jury

ANNEXES

ANNEX V

INFORMATION TO BE INCLUDED IN NOTICES

Part E:

INFORMATION TO BE INCLUDED IN DESIGN CONTEST NOTICES (as referred to in Article 79(1))

Part F:

INFORMATION TO BE INCLUDED IN NOTICES OF THE RESULTS OF A CONTEST (as referred to in Article 79(2))

ANNEX VI

INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 35(4))

II.   MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (14)

| TITLE I | SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS |
| --- | --- |
| CHAPTER I | Scope, general principles and definitions |
| Section I | Subject-matter, scope, general principles, definitions and threshold |
| Article 1 | Subject-matter and scope: paragraphs 1, 2 and 4 |
| Article 2 | Principle of free administration by public authorities |
| Article 3 | Principle of equal treatment, non-discrimination and transparency |
| Article 4 | Freedom to define services of general economic interest |
| Article 5 | Definitions |
| Article 6 | Contracting authorities: paragraphs 1 and 4 |
| Article 7 | Contracting entities |
| Article 8 | Threshold and methods for calculating the estimated value of concessions |
| Section II | Exclusions |
| Article 10 | Exclusions applicable to concessions awarded by contracting authorities and contracting entities |
| Article 11 | Specific exclusions in the field of electronic communications |
| Article 12 | Specific exclusions in the field of water |
| Article 13 | Concessions awarded to an affiliated undertaking |
| Article 14 | Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture |
| Article 17 | Concessions between entities within the public sector |
| Section III | General provisions |
| Article 18 | Duration of the concession |
| Article 19 | Social and other specific services |
| Article 20 | Mixed contracts |
| Article 21 | Mixed procurement contracts involving defence or security aspects |
| Article 22 | Contracts covering both activities referred to in Annex II and other activities |
| Article 23 | Concessions covering both activities referred to in Annex II and activities involving defence or security aspects |
| Section IV | Specific situations |
| Article 25 | Research and development services |
| CHAPTER II | Principles |
| Article 26 | Economic operators |
| Article 27 | Nomenclatures |
| Article 28 | Confidentiality |
| Article 29 | Rules applicable to communication |
| TITLE II | RULES ON THE AWARD OF CONCESSIONS: GENERAL PRINCIPLES AND PROCEDURAL GUARANTEES |
| CHAPTER I | General principles |
| Article 30 | General principles: paragraphs 1, 2 and 3 |
| Article 31 | Concession notices |
| Article 32 | Concession award notices |
| Article 33 | Form and manner of publication of notices: first subparagraph of paragraph 1 |
| Article 34 | Electronic availability of concession documents |
| Article 35 | Combating corruption and preventing conflicts of interest |
| CHAPTER II | Procedural guarantees |
| Article 36 | Technical and functional requirements |
| Article 37 | Procedural guarantees |
| Article 38 | Selection of and qualitative assessment of candidates |
| Article 39 | Time limits for receipt of applications and tenders for the concession |
| Article 40 | Provision of information to candidates and tenderers |
| Article 41 | Award criteria |
| TITLE III | RULES ON PERFORMANCE OF CONCESSIONS |
| Article 42 | Subcontracting |
| Article 43 | Modification of contracts during their term |
| Article 44 | Termination of concessions |
| Article 45 | Monitoring and Reporting |
| ANNEXES | |
| ANNEX I | LIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5 |
| ANNEX II | ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7 |
| ANNEX III | LIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2) |
| ANNEX IV | SERVICES REFERRED TO IN ARTICLE 19 |
| ANNEX V | INFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31 |
| ANNEX VI | INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3) |
| ANNEX VII | INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32 |
| ANNEX VIII | INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32 |
| ANNEX IX | FEATURES CONCERNING PUBLICATION |
| ANNEX X | LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3) |
| ANNEX XI | INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43 |

TITLE I

SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS

CHAPTER I

Scope, general principles and definitions

Section I

Subject-matter, scope, general principles, definitions and threshold

Article 1

Subject-matter and scope: paragraphs 1, 2 and 4

Article 2

Principle of free administration by public authorities

Article 3

Principle of equal treatment, non-discrimination and transparency

Article 4

Freedom to define services of general economic interest

Article 5

Definitions

Article 6

Contracting authorities: paragraphs 1 and 4

Article 7

Contracting entities

Article 8

Threshold and methods for calculating the estimated value of concessions

Section II

Exclusions

Article 10

Exclusions applicable to concessions awarded by contracting authorities and contracting entities

Article 11

Specific exclusions in the field of electronic communications

Article 12

Specific exclusions in the field of water

Article 13

Concessions awarded to an affiliated undertaking

Article 14

Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture

Article 17

Concessions between entities within the public sector

Section III

General provisions

Article 18

Duration of the concession

Article 19

Social and other specific services

Article 20

Mixed contracts

Article 21

Mixed procurement contracts involving defence or security aspects

Article 22

Contracts covering both activities referred to in Annex II and other activities

Article 23

Concessions covering both activities referred to in Annex II and activities involving defence or security aspects

Section IV

Specific situations

Article 25

Research and development services

CHAPTER II

Principles

Article 26

Economic operators

Article 27

Nomenclatures

Article 28

Confidentiality

Article 29

Rules applicable to communication

TITLE II

RULES ON THE AWARD OF CONCESSIONS: GENERAL PRINCIPLES AND PROCEDURAL GUARANTEES

CHAPTER I

General principles

Article 30

General principles: paragraphs 1, 2 and 3

Article 31

Concession notices

Article 32

Concession award notices

Article 33

Form and manner of publication of notices: first subparagraph of paragraph 1

Article 34

Electronic availability of concession documents

Article 35

Combating corruption and preventing conflicts of interest

CHAPTER II

Procedural guarantees

Article 36

Technical and functional requirements

Article 37

Procedural guarantees

Article 38

Selection of and qualitative assessment of candidates

Article 39

Time limits for receipt of applications and tenders for the concession

Article 40

Provision of information to candidates and tenderers

Article 41

Award criteria

TITLE III

RULES ON PERFORMANCE OF CONCESSIONS

Article 42

Subcontracting

Article 43

Modification of contracts during their term

Article 44

Termination of concessions

Article 45

Monitoring and Reporting

ANNEXES

ANNEX I

LIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5

ANNEX II

ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7

ANNEX III

LIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2)

ANNEX IV

SERVICES REFERRED TO IN ARTICLE 19

ANNEX V

INFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31

ANNEX VI

INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3)

ANNEX VII

INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32

ANNEX VIII

INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32

ANNEX IX

FEATURES CONCERNING PUBLICATION

ANNEX X

LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3)

ANNEX XI

INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43

ANNEX XVI-I

OTHER ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC
   (15)

as amended by Directive 2007/66/EC of the European Parliament and of the Council (16) and Directive 2014/23/EU of the European Parliament and of the Council (17)

(Phase 4)

| Article 2b | Derogations from the standstill period |
| --- | --- |
| | Point (c) of the first paragraph |
| Article 2d | Ineffectiveness |
| | Point (c) of paragraph 1 |
| | Paragraph 5 |

Article 2b

Derogations from the standstill period

Point (c) of the first paragraph

Article 2d

Ineffectiveness

Point (c) of paragraph 1

Paragraph 5

ANNEX XVI-J

(Phase 5)

I.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (18)

The elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.

| TITLE I | SCOPE, DEFINITIONS AND GENERAL PRINCIPLES |
| --- | --- |
| CHAPTER I | Subject-matter and definitions |
| Article 2 | Definitions: points 10-12 |
| CHAPTER IV | General principles |
| Article 38 | Reserved contracts |
| TITLE II | RULES APPLICABLE TO CONTRACTS |
| CHAPTER II | Techniques and instruments for electronic and aggregated procurement |
| Article 55 | Centralised purchasing activities and central purchasing bodies |
| TITLE III | PARTICULAR PROCUREMENT REGIMES |
| CHAPTER I | Social and other specific services |
| Article 94 | Reserved contracts for certain services |

TITLE I

SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

CHAPTER I

Subject-matter and definitions

Article 2

Definitions: points 10-12

CHAPTER IV

General principles

Article 38

Reserved contracts

TITLE II

RULES APPLICABLE TO CONTRACTS

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 55

Centralised purchasing activities and central purchasing bodies

TITLE III

PARTICULAR PROCUREMENT REGIMES

CHAPTER I

Social and other specific services

Article 94

Reserved contracts for certain services

II.   OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (19)

| TITLE I | SCOPE, DEFINITIONS AND GENERAL PRINCIPLES |
| --- | --- |
| CHAPTER I | Subject-matter and definitions |
| Article 2 | Definitions: point 17 |
| CHAPTER III | Material scope |
| Section 1 | Thresholds |
| Article 16 | Methods for calculating the estimated value of procurement: paragraphs 5, 6 |
| TITLE II | RULES APPLICABLE TO CONTRACTS |
| CHAPTER I | Procedures |
| Article 44 | Choice of procedures: paragraph 3 |
| Article 48 | Competitive dialogue |
| Article 49 | Innovation Partnership |
| Article 50 | Use of the negotiated procedure without prior call for competition: point (j) |
| CHAPTER II | Techniques and instruments for electronic and aggregated procurement |
| Article 51 | Framework agreements |
| Article 52 | Dynamic purchasing systems |
| Article 53 | Electronic auctions |
| Article 54 | Electronic catalogues |
| Article 56 | Occasional joint procurement |
| CHAPTER III | Conduct of the procedure |
| Section 2 | Publication and transparency |
| Article 70 | Contract award notices: paragraph 2 |
| Section 3 | Choice of participants and award of contracts |
| Subsection 1: | Qualification and qualitative selection |
| Article 77 | Qualification systems |
| Article 79 | Reliance on the capacities of other entities: paragraph 1 |
| TITLE III | PARTICULAR PROCUREMENT REGIMES |
| CHAPTER II | Rules governing design contests |
| Article 95 | Scope |
| Article 96 | Notices |
| Article 97 | Rules on the organisation of design contests, the selection of participants and the jury |
| Article 98 | Decisions of the jury |
| ANNEXES | |
| ANNEX VII | Information to be included in the procurement documents relating to electronic auctions (Article 53(4)) |
| ANNEX XIX | Information to be included in the design contest notice (as referred to in Article 96(1)) |
| ANNEX XX | Information to be included in the results of design contest notices (as referred to in Article 96(1)) |

TITLE I

SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

CHAPTER I

Subject-matter and definitions

Article 2

Definitions: point 17

CHAPTER III

Material scope

Section 1

Thresholds

Article 16

Methods for calculating the estimated value of procurement: paragraphs 5, 6

TITLE II

RULES APPLICABLE TO CONTRACTS

CHAPTER I

Procedures

Article 44

Choice of procedures: paragraph 3

Article 48

Competitive dialogue

Article 49

Innovation Partnership

Article 50

Use of the negotiated procedure without prior call for competition: point (j)

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 51

Framework agreements

Article 52

Dynamic purchasing systems

Article 53

Electronic auctions

Article 54

Electronic catalogues

Article 56

Occasional joint procurement

CHAPTER III

Conduct of the procedure

Section 2

Publication and transparency

Article 70

Contract award notices: paragraph 2

Section 3

Choice of participants and award of contracts

Subsection 1:

Qualification and qualitative selection

Article 77

Qualification systems

Article 79

Reliance on the capacities of other entities: paragraph 1

TITLE III

PARTICULAR PROCUREMENT REGIMES

CHAPTER II

Rules governing design contests

Article 95

Scope

Article 96

Notices

Article 97

Rules on the organisation of design contests, the selection of participants and the jury

Article 98

Decisions of the jury

ANNEXES

ANNEX VII

Information to be included in the procurement documents relating to electronic auctions (Article 53(4))

ANNEX XIX

Information to be included in the design contest notice (as referred to in Article 96(1))

ANNEX XX

Information to be included in the results of design contest notices (as referred to in Article 96(1))

ANNEX XVI-K

OTHER ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC
   (20)

as amended by Directive 2007/66/EC of the European Parliament and of the Council (21) and Directive 2014/23/EU of the European Parliament and of the Council (22)

(Phase 5)

| Article 2b | Derogations from the standstill period |
| --- | --- |
| | Point (c) of the first paragraph |
| Article 2d | Ineffectiveness |
| | Point (c) of paragraph 1 |
| | Paragraph 5 |

Article 2b

Derogations from the standstill period

Point (c) of the first paragraph

Article 2d

Ineffectiveness

Point (c) of paragraph 1

Paragraph 5

ANNEX XVI-L

I.   PROVISIONS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (23) OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

| TITLE I | SCOPE, DEFINITIONS AND GENERAL PRINCIPLES |
| --- | --- |
| CHAPTER I | Scope and definitions |
| Section 1 | Subject-matter and definitions |
| Article 1 | Subject-matter and scope: paragraphs 3 and 4 |
| Article 2 | Definitions: paragraph 2 |
| Section 2 | Thresholds |
| Article 6 | Revision of the thresholds and of the list of central government authorities |
| TITLE II | RULES ON PUBLIC CONTRACTS |
| CHAPTER I | Procedures |
| Article 25 | Conditions relating to the GPA and other international agreements |
| CHAPTER II | Techniques and instruments for electronic and aggregated procurement |
| Article 39 | Procurement involving contracting authorities from different Member States |
| CHAPTER III | Conduct of the procedure |
| Section 1 | Preparation |
| Article 44 | Test reports, certification and other means of proof: paragraph 3 |
| Section 2 | Publication and transparency |
| Article 51 | Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6 |
| Article 52 | Publication at national level |
| Section 3 | Choice of participants and award of contracts |
| Subsection 1: | Criteria for qualitative selection |
| Article 61 | Online repository of certificates (e-Certis) |
| Article 62 | Quality assurance standards and environmental management standards: paragraph 3 |
| Subsection 3: | Award of the Contract |
| Article 68 | Life-cycle costing: paragraph 3 |
| Article 69 | Abnormally low tender: paragraph 5 |
| TITLE IV | GOVERNANCE |
| Article 83 | Enforcement |
| Article 84 | Individual reports on procedures for the award of contracts |
| Article 85 | National reporting and statistical information |
| Article 86 | Administrative cooperation |
| TITLE V | DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS |
| Article 87 | Exercise of the delegation of powers |
| Article 88 | Urgency procedure |
| Article 89 | Committee procedure |
| Article 90 | Transposition and transitional provisions |
| Article 91 | Repeals |
| Article 92 | Review |
| Article 93 | Entry into force |
| Article 94 | Addressees |
| ANNEXES | |
| ANNEX I | CENTRAL GOVERNMENT AUTHORITIES |
| ANNEX VIII | FEATURES CONCERNING PUBLICATION |
| ANNEX XI | REGISTERS |
| ANNEX XIII | LIST OF EU LEGISLATION REFERRED TO IN ARTICLE 68(3) |
| ANNEX XV | CORRELATION TABLE |

TITLE I

SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

CHAPTER I

Scope and definitions

Section 1

Subject-matter and definitions

Article 1

Subject-matter and scope: paragraphs 3 and 4

Article 2

Definitions: paragraph 2

Section 2

Thresholds

Article 6

Revision of the thresholds and of the list of central government authorities

TITLE II

RULES ON PUBLIC CONTRACTS

CHAPTER I

Procedures

Article 25

Conditions relating to the GPA and other international agreements

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 39

Procurement involving contracting authorities from different Member States

CHAPTER III

Conduct of the procedure

Section 1

Preparation

Article 44

Test reports, certification and other means of proof: paragraph 3

Section 2

Publication and transparency

Article 51

Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6

Article 52

Publication at national level

Section 3

Choice of participants and award of contracts

Subsection 1:

Criteria for qualitative selection

Article 61

Online repository of certificates (e-Certis)

Article 62

Quality assurance standards and environmental management standards: paragraph 3

Subsection 3:

Award of the Contract

Article 68

Life-cycle costing: paragraph 3

Article 69

Abnormally low tender: paragraph 5

TITLE IV

GOVERNANCE

Article 83

Enforcement

Article 84

Individual reports on procedures for the award of contracts

Article 85

National reporting and statistical information

Article 86

Administrative cooperation

TITLE V

DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS

Article 87

Exercise of the delegation of powers

Article 88

Urgency procedure

Article 89

Committee procedure

Article 90

Transposition and transitional provisions

Article 91

Repeals

Article 92

Review

Article 93

Entry into force

Article 94

Addressees

ANNEXES

ANNEX I

CENTRAL GOVERNMENT AUTHORITIES

ANNEX VIII

FEATURES CONCERNING PUBLICATION

ANNEX XI

REGISTERS

ANNEX XIII

LIST OF EU LEGISLATION REFERRED TO IN ARTICLE 68(3)

ANNEX XV

CORRELATION TABLE

II.   PROVISIONS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (24) OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

| TITLE I | SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS |
| --- | --- |
| CHAPTER I | Scope, general principles and definitions |
| Section I | Subject-matter, scope, general principles, definitions and threshold |
| Article 1 | Subject-matter and scope: paragraph 3 |
| Article 6 | Contracting authorities: paragraphs 2 and 3 |
| Article 9 | Revision of the threshold |
| Section II | Exclusions |
| Article 15 | Notification of information by contracting entities |
| Article 16 | Exclusion of activities which are directly exposed to competition |
| TITLE II | RULES ON THE AWARD OF CONCESSIONS: GENERAL PRINCIPLES AND PROCEDURAL GUARANTEES |
| CHAPTER I | General principles |
| Article 30 | General principles: paragraph 4 |
| Article 33 | Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4 |
| TITLE IV | AMENDMENTS TO DIRECTIVES 89/665/EEC AND 92/13/EEC |
| Article 46 | Amendments to Directive 89/665/EEC |
| Article 47 | Amendments to Directive 92/13/EEC |
| TITLE V | DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS |
| Article 48 | Exercise of the delegation |
| Article 49 | Urgency procedure |
| Article 50 | Committee procedure |
| Article 51 | Transposition |
| Article 52 | Transitional provisions |
| Article 53 | Monitoring and reporting |
| Article 54 | Entry into force |
| Article 55 | Addressees |

TITLE I

SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS

CHAPTER I

Scope, general principles and definitions

Section I

Subject-matter, scope, general principles, definitions and threshold

Article 1

Subject-matter and scope: paragraph 3

Article 6

Contracting authorities: paragraphs 2 and 3

Article 9

Revision of the threshold

Section II

Exclusions

Article 15

Notification of information by contracting entities

Article 16

Exclusion of activities which are directly exposed to competition

TITLE II

RULES ON THE AWARD OF CONCESSIONS: GENERAL PRINCIPLES AND PROCEDURAL GUARANTEES

CHAPTER I

General principles

Article 30

General principles: paragraph 4

Article 33

Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4

TITLE IV

AMENDMENTS TO DIRECTIVES 89/665/EEC AND 92/13/EEC

Article 46

Amendments to Directive 89/665/EEC

Article 47

Amendments to Directive 92/13/EEC

TITLE V

DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS

Article 48

Exercise of the delegation

Article 49

Urgency procedure

Article 50

Committee procedure

Article 51

Transposition

Article 52

Transitional provisions

Article 53

Monitoring and reporting

Article 54

Entry into force

Article 55

Addressees

ANNEX XVI-M

PROVISIONS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   (25)
  OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

| TITLE I | SCOPE, DEFINITIONS AND GENERAL PRINCIPLES |
| --- | --- |
| CHAPTER I | Subject-matter and definitions |
| Article 1 | Subject matter and scope: paragraphs 3 and 4 |
| Article 3 | Contracting authorities: paragraphs 2 and 3 |
| Article 4 | Contracting entities: paragraph 4 |
| CHAPTER III | Material scope |
| Section 1 | Thresholds |
| Article 17 | Revision of the thresholds |
| Section 2 | Excluded contracts and design contests; special provisions for procurement involving defence and security aspects |
| Subsection 1: | Exclusions applicable to all contracting entities and special exclusions for the water and energy sector |
| Article 18 | Contracts awarded for purposes of resale or lease to third parties: paragraph 2 |
| Article 19 | Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 2 |
| Subsection 3: | Special relations (cooperation, affiliated undertakings and joint ventures) |
| Article 31 | Notification of information |
| Subsection 4: | Specific situations |
| Article 33 | Contracts subject to special arrangements |
| Subsection 5: | Activities directly exposed to competition and procedural provisions relating thereto |
| Article 34 | Activities directly exposed to competition |
| Article 35 | Procedure for establishing whether Article 34 is applicable |
| TITLE II | RULES APPLICABLE TO CONTRACTS |
| CHAPTER I | Procedures |
| Article 43 | Conditions relating to the GPA and other international agreements |
| CHAPTER II | Techniques and instruments for electronic and aggregated procurement |
| Article 57 | Procurement involving contracting entities from different Member States |
| CHAPTER III | Conduct of the procedure |
| Section 2 | Publication and transparency |
| Article 71 | Form and manner of publication of notices: paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6 |
| Article 72 | Publication at national level |
| Section 3 | Choice of participants and award of contracts |
| Subsection 1: | Qualification and qualitative selection |
| Article 81 | Quality assurance standards and environmental management standards: paragraph 3 |
| Subsection 2: | Award of the contract |
| Article 83 | Life-cycle costing: paragraph 3 |
| Section 4 | Tenders comprising products originating in third countries and relations with those countries |
| Article 85 | Tenders comprising products originating in third countries |
| Article 86 | Relations with third countries as regards works, supplies and service contracts |
| TITLE IV | GOVERNANCE |
| Article 99 | Enforcement |
| Article 100 | Individual reports on procedures for the award of contracts |
| Article 101 | National reporting and statistical information |
| Article 102 | Administrative cooperation |
| TITLE V | DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS |
| Article 103 | Exercise of the delegation |
| Article 104 | Urgency procedure |
| Article 105 | Committee procedure |
| Article 106 | Transposition and transitional provisions |
| Article 107 | Repeal |
| Article 108 | Review |
| Article 109 | Entry into force |
| Article 110 | Addressees |
| ANNEXES | |
| ANNEX II | List of Union legal acts referred to in Article 4(3) |
| ANNEX III | List of Union legal acts referred to in Article 34(3) |
| ANNEX IV | Deadlines for the adoption of the implementing acts referred to in Article 35 |
| ANNEX XV | List of Union legal acts referred to in Article 83(3) |

TITLE I

SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

CHAPTER I

Subject-matter and definitions

Article 1

Subject matter and scope: paragraphs 3 and 4

Article 3

Contracting authorities: paragraphs 2 and 3

Article 4

Contracting entities: paragraph 4

CHAPTER III

Material scope

Section 1

Thresholds

Article 17

Revision of the thresholds

Section 2

Excluded contracts and design contests; special provisions for procurement involving defence and security aspects

Subsection 1:

Exclusions applicable to all contracting entities and special exclusions for the water and energy sector

Article 18

Contracts awarded for purposes of resale or lease to third parties: paragraph 2

Article 19

Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 2

Subsection 3:

Special relations (cooperation, affiliated undertakings and joint ventures)

Article 31

Notification of information

Subsection 4:

Specific situations

Article 33

Contracts subject to special arrangements

Subsection 5:

Activities directly exposed to competition and procedural provisions relating thereto

Article 34

Activities directly exposed to competition

Article 35

Procedure for establishing whether Article 34 is applicable

TITLE II

RULES APPLICABLE TO CONTRACTS

CHAPTER I

Procedures

Article 43

Conditions relating to the GPA and other international agreements

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 57

Procurement involving contracting entities from different Member States

CHAPTER III

Conduct of the procedure

Section 2

Publication and transparency

Article 71

Form and manner of publication of notices: paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6

Article 72

Publication at national level

Section 3

Choice of participants and award of contracts

Subsection 1:

Qualification and qualitative selection

Article 81

Quality assurance standards and environmental management standards: paragraph 3

Subsection 2:

Award of the contract

Article 83

Life-cycle costing: paragraph 3

Section 4

Tenders comprising products originating in third countries and relations with those countries

Article 85

Tenders comprising products originating in third countries

Article 86

Relations with third countries as regards works, supplies and service contracts

TITLE IV

GOVERNANCE

Article 99

Enforcement

Article 100

Individual reports on procedures for the award of contracts

Article 101

National reporting and statistical information

Article 102

Administrative cooperation

TITLE V

DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS

Article 103

Exercise of the delegation

Article 104

Urgency procedure

Article 105

Committee procedure

Article 106

Transposition and transitional provisions

Article 107

Repeal

Article 108

Review

Article 109

Entry into force

Article 110

Addressees

ANNEXES

ANNEX II

List of Union legal acts referred to in Article 4(3)

ANNEX III

List of Union legal acts referred to in Article 34(3)

ANNEX IV

Deadlines for the adoption of the implementing acts referred to in Article 35

ANNEX XV

List of Union legal acts referred to in Article 83(3)

ANNEX XVI-N

PROVISIONS OF COUNCIL DIRECTIVE 89/665/EEC
   (26)
  AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   (27)
  AND DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   (28)
  OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

| Article 2b | Derogations from the standstill period |
| --- | --- |
| | Point (a) of the first paragraph |
| Article 2d | Ineffectiveness |
| | Point (a) of paragraph 1 |
| | Paragraph 4 |
| Article 3 | Corrective mechanism |
| Article 3a | Content of a notice for voluntary ex ante transparency |
| Article 3b | Committee procedure |
| Article 4 | Implementation |
| Article 4a | Review |

Article 2b

Derogations from the standstill period

Point (a) of the first paragraph

Article 2d

Ineffectiveness

Point (a) of paragraph 1

Paragraph 4

Article 3

Corrective mechanism

Article 3a

Content of a notice for voluntary ex ante transparency

Article 3b

Committee procedure

Article 4

Implementation

Article 4a

Review

ANNEX XVI-O

PROVISIONS OF COUNCIL DIRECTIVE 92/13/EEC
   (29)
  AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   (30)
  AND DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   (31)
  OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

| Article 2b | Derogations from the standstill period |
| --- | --- |
| | Point (a) of the first paragraph |
| Article 2d | Ineffectiveness |
| | Point (a) of paragraph 1 |
| | Paragraph 4 |
| Article 3a | Content of a notice for voluntary ex ante transparency |
| Article 3b | Committee procedure |
| Article 8 | Corrective mechanism |
| Article 12 | Implementation |
| Article 12a | Review |

Article 2b

Derogations from the standstill period

Point (a) of the first paragraph

Article 2d

Ineffectiveness

Point (a) of paragraph 1

Paragraph 4

Article 3a

Content of a notice for voluntary ex ante transparency

Article 3b

Committee procedure

Article 8

Corrective mechanism

Article 12

Implementation

Article 12a

Review

ANNEX XVI-P

GEORGIA: INDICATIVE LIST OF ISSUES FOR COOPERATION

| 1. | Training, in Georgia and EU Member States, of Georgian officials from government bodies engaged in public procurement; |
| --- | --- |

1.

| 2. | Training of suppliers interested participating in public procurement; |
| --- | --- |

2.

| 3. | Exchange of information and experience on best practice and regulatory rules in the sphere of public procurement; |
| --- | --- |

3.

| 4. | Enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring; |
| --- | --- |

4.

| 5. | Consultations and methodological assistance from the EU Party in application of modern electronic technologies in the sphere of public procurement; |
| --- | --- |

5.

| 6. | Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions. (Cf. Article 143 paragraph 2 of this Agreement). |
| --- | --- |

6.

---

(1)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.

1

(2)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts.

2

(3)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.

3

(4)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.

4

(5)  Georgian legislation implementing Annex XVI-D shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.

5

(6)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC.

6

(7)  Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors.

7

(8)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.

8

(9)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.

9

(10)  Georgian legislation implementing Annex XVI-F shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.

10

(11)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.

11

(12)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.

12

(13)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.

13

(14)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.

14

(15)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts.

15

(16)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.

16

(17)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.

17

(18)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC.

18

(19)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC.

19

(20)  Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors.

20

(21)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.

21

(22)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.

22

(23)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.

23

(24)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.

24

(25)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC.

25

(26)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts.

26

(27)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.

27

(28)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.

28

(29)  Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors.

29

(30)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.

30

(31)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.

31

---

| 28.9.2018 | EN | Official Journal of the European Union | L 244/107 |
| --- | --- | --- | --- |

28.9.2018

EN

Official Journal of the European Union

L 244/107

---

COMMISSION DECISION (EU) 2018/1304

of 19 September 2018

on the proposed citizens' initiative entitled ‘Eat ORIGINal! Unmask your food’

(notified under document C(2018) 6054)

(Only the English text is authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens' initiative (1), and in particular Article 4 thereof,

Whereas:

| (1) | The subject-matter of the proposed citizens' initiative entitled ‘Eat ORIGINal! Unmask your food’ refers to the following: ‘We call on the European Commission to impose mandatory declaration of origin for all food products in order to prevent frauds, protect public health and guarantee consumers' right to information.’ |
| --- | --- |

(1)

The subject-matter of the proposed citizens' initiative entitled ‘Eat ORIGINal! Unmask your food’ refers to the following: ‘We call on the European Commission to impose mandatory declaration of origin for all food products in order to prevent frauds, protect public health and guarantee consumers' right to information.’

| (2) | The objectives of the proposed citizens' initiative refer to the following: ‘1. Make the indication of the country of origin mandatory for all processed and unprocessed foods circulating in EU, with no derogation for registered trademarks and geographical indications. 2. With regard to processed foods, origin labelling is made mandatory for primary ingredients when different from the origin of the final product. 3. Improve consistency of the labels including harmonized informations about production and processing methods in order to ensure transparency throughout the food chain.’ |
| --- | --- |

(2)

The objectives of the proposed citizens' initiative refer to the following: ‘1. Make the indication of the country of origin mandatory for all processed and unprocessed foods circulating in EU, with no derogation for registered trademarks and geographical indications. 2. With regard to processed foods, origin labelling is made mandatory for primary ingredients when different from the origin of the final product. 3. Improve consistency of the labels including harmonized informations about production and processing methods in order to ensure transparency throughout the food chain.’

| (3) | The Treaty on European Union (TEU) reinforces citizenship of the Union and enhances further the democratic functioning of the Union by providing, inter alia, that every citizen is to have the right to participate in the democratic life of the Union by way of a European citizens' initiative. |
| --- | --- |

(3)

The Treaty on European Union (TEU) reinforces citizenship of the Union and enhances further the democratic functioning of the Union by providing, inter alia, that every citizen is to have the right to participate in the democratic life of the Union by way of a European citizens' initiative.

| (4) | To this end, the procedures and conditions required for the citizens' initiative should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative so as to encourage participation by citizens and to make the Union more accessible. |
| --- | --- |

(4)

To this end, the procedures and conditions required for the citizens' initiative should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative so as to encourage participation by citizens and to make the Union more accessible.

| (5) | A legal act of the Union for the purpose of implementing the Treaties can be adopted for approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market, on the basis of Article 114 of the Treaty on the Functioning of the European Union (TFEU). |
| --- | --- |

(5)

A legal act of the Union for the purpose of implementing the Treaties can be adopted for approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market, on the basis of Article 114 of the Treaty on the Functioning of the European Union (TFEU).

| (6) | For those reasons, the proposed citizens' initiative does not fall manifestly outside the framework of the Commission's powers to submit proposals for legal acts of the Union for the purpose of implementing the Treaties. |
| --- | --- |

(6)

For those reasons, the proposed citizens' initiative does not fall manifestly outside the framework of the Commission's powers to submit proposals for legal acts of the Union for the purpose of implementing the Treaties.

| (7) | Furthermore, the citizens' committee has been formed and the contact persons have been designated in accordance with Article 3(2) of the Regulation and the proposed citizens' initiative is neither manifestly abusive, frivolous or vexatious nor manifestly contrary to the values of the Union as set out in Article 2 TEU. |
| --- | --- |

(7)

Furthermore, the citizens' committee has been formed and the contact persons have been designated in accordance with Article 3(2) of the Regulation and the proposed citizens' initiative is neither manifestly abusive, frivolous or vexatious nor manifestly contrary to the values of the Union as set out in Article 2 TEU.

| (8) | The proposed citizens' initiative entitled ‘Eat ORIGINal! Unmask your food’ should therefore be registered. |
| --- | --- |

(8)

The proposed citizens' initiative entitled ‘Eat ORIGINal! Unmask your food’ should therefore be registered.

HAS ADOPTED THIS DECISION:

Article 1

The proposed citizens' initiative entitled ‘Eat ORIGINal! Unmask your food’ is hereby registered.

Article 2

This Decision shall enter into force on 2 October 2018.

Article 3

This Decision is addressed to the organisers (members of the citizens' committee) of the proposed citizens' initiative entitled ‘Eat ORIGINal! Unmask your food’, represented by Mr Roberto Moncalvo and Ms Christiane Foulier Lambert acting as contact persons.

Done at Brussels, 19 September 2018.

For the Commission

Frans TIMMERMANS

First Vice-President

---

(1)  
  OJ L 65, 11.3.2011, p. 1.

1

---

| 28.9.2018 | EN | Official Journal of the European Union | L 244/109 |
| --- | --- | --- | --- |

28.9.2018

EN

Official Journal of the European Union

L 244/109

---

COMMISSION IMPLEMENTING DECISION (EU) 2018/1305

of 26 September 2018

on the terms and conditions of the authorisation of a biocidal product family containing deltamethrin referred by Sweden in accordance with Article 36 of Regulation (EU) No 528/2012 of the European Parliament and of the Council

(notified under document number C(2018) 5503)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular Article 36(3) thereof,

Whereas:

| (1) | On 29 August 2013, the company Bayer CropScience Deutschland GmbH (‘the applicant’) submitted an application to Germany (‘the Member State concerned’) for the mutual recognition of an insecticide biocidal product family containing the active substance deltamethrin (‘the contested product family’). Applications for mutual recognition of the contested product family were also submitted to a number of other Member States. The competent authority of Sweden acted as the Member State responsible for the evaluation of the application referred to in Article 34(1) of Regulation (EU) No 528/2012 (‘the reference Member State’). |
| --- | --- |

(1)

On 29 August 2013, the company Bayer CropScience Deutschland GmbH (‘the applicant’) submitted an application to Germany (‘the Member State concerned’) for the mutual recognition of an insecticide biocidal product family containing the active substance deltamethrin (‘the contested product family’). Applications for mutual recognition of the contested product family were also submitted to a number of other Member States. The competent authority of Sweden acted as the Member State responsible for the evaluation of the application referred to in Article 34(1) of Regulation (EU) No 528/2012 (‘the reference Member State’).

| (2) | Pursuant to Article 35(2) of Regulation (EU) No 528/2012, Germany referred an objection to the coordination group on 23 February 2017, indicating that the contested product family does not meet the conditions laid down in Article 19(1)(c) of that Regulation. |
| --- | --- |

(2)

Pursuant to Article 35(2) of Regulation (EU) No 528/2012, Germany referred an objection to the coordination group on 23 February 2017, indicating that the contested product family does not meet the conditions laid down in Article 19(1)(c) of that Regulation.

| (3) | Germany considers that the determination of the quantity of active substance in the contested product family made by the reference Member State, and indicated in the draft summary of the product characteristics established pursuant to Article 22(2)(e) of Regulation (EU) No 528/2012, is not correct. Germany argues that excluding the impurities of the active substance when expressing the quantitative composition in terms of the main constituent of that substance, is inconsistent with the definition of an active substance laid down in Article 3(1)(c) of that Regulation, which in turn refers to the definition of a substance laid down in Article 3(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). Since the definition of a substance in Article 3(1) of Regulation (EC) 1907/2006 refers to a chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, the quantitative composition should, according to the objection referred by Germany, not refer only to the content of the active substance without impurities. |
| --- | --- |

(3)

Germany considers that the determination of the quantity of active substance in the contested product family made by the reference Member State, and indicated in the draft summary of the product characteristics established pursuant to Article 22(2)(e) of Regulation (EU) No 528/2012, is not correct. Germany argues that excluding the impurities of the active substance when expressing the quantitative composition in terms of the main constituent of that substance, is inconsistent with the definition of an active substance laid down in Article 3(1)(c) of that Regulation, which in turn refers to the definition of a substance laid down in Article 3(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). Since the definition of a substance in Article 3(1) of Regulation (EC) 1907/2006 refers to a chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, the quantitative composition should, according to the objection referred by Germany, not refer only to the content of the active substance without impurities.

| (4) | The coordination group secretariat invited the other Member States and the applicant to submit written comments about the referral. Austria, Belgium, Denmark, France, the Member State concerned, Hungary, Norway, the reference Member State, the United Kingdom and the applicant submitted comments. The referral was also discussed in the coordination group's meetings of 14 March 2017 and 10 May 2017. |
| --- | --- |

(4)

The coordination group secretariat invited the other Member States and the applicant to submit written comments about the referral. Austria, Belgium, Denmark, France, the Member State concerned, Hungary, Norway, the reference Member State, the United Kingdom and the applicant submitted comments. The referral was also discussed in the coordination group's meetings of 14 March 2017 and 10 May 2017.

| (5) | As no agreement was reached in the coordination group, the reference Member State referred the unresolved objection to the Commission pursuant to Article 36(1) of Regulation (EU) No 528/2012 on 18 May 2017. It hereby provided the Commission with a detailed statement of the matters on which Member States were unable to reach agreement and the reasons for their disagreement. A copy of that statement was forwarded to the Member States concerned and the applicant. |
| --- | --- |

(5)

As no agreement was reached in the coordination group, the reference Member State referred the unresolved objection to the Commission pursuant to Article 36(1) of Regulation (EU) No 528/2012 on 18 May 2017. It hereby provided the Commission with a detailed statement of the matters on which Member States were unable to reach agreement and the reasons for their disagreement. A copy of that statement was forwarded to the Member States concerned and the applicant.

| (6) | The reference Member State, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Finland, France, Latvia, Luxembourg, Norway, Slovenia and Switzerland authorised the contested product family in the period from 29 June 2017 to 19 December 2017 pursuant to Article 34(7) of Regulation (EU) No 528/2012. |
| --- | --- |

(6)

The reference Member State, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Finland, France, Latvia, Luxembourg, Norway, Slovenia and Switzerland authorised the contested product family in the period from 29 June 2017 to 19 December 2017 pursuant to Article 34(7) of Regulation (EU) No 528/2012.

| (7) | According to the definition laid down in Article 3(1)(c) of Regulation (EU) No 528/2012, an active substance means a substance that has an action on or against harmful organisms. Pursuant to Article 3(2) of that Regulation, the definition in Article 3(1) of Regulation (EC) No 1907/2006 is to apply for the term ‘substance’. According to that definition, a substance also includes any additive necessary to preserve its stability and any impurity deriving from the process used. The risk assessment and the efficacy assessment carried out for the approval of deltamethrin as an active substance in accordance with Article 4 of Regulation (EU) No 528/2012 were based on the active substance including its impurities, and the approval itself sets a minimum degree of purity to be observed by any source of that active substance. |
| --- | --- |

(7)

According to the definition laid down in Article 3(1)(c) of Regulation (EU) No 528/2012, an active substance means a substance that has an action on or against harmful organisms. Pursuant to Article 3(2) of that Regulation, the definition in Article 3(1) of Regulation (EC) No 1907/2006 is to apply for the term ‘substance’. According to that definition, a substance also includes any additive necessary to preserve its stability and any impurity deriving from the process used. The risk assessment and the efficacy assessment carried out for the approval of deltamethrin as an active substance in accordance with Article 4 of Regulation (EU) No 528/2012 were based on the active substance including its impurities, and the approval itself sets a minimum degree of purity to be observed by any source of that active substance.

| (8) | Therefore, a reference to the content of the active substance in the contested product family should not relate to the concentration of the main constituent of the active substance on its own without impurities. |
| --- | --- |

(8)

Therefore, a reference to the content of the active substance in the contested product family should not relate to the concentration of the main constituent of the active substance on its own without impurities.

| (9) | On 30 April 2018, the Commission provided the applicant with the opportunity to provide written comments in accordance with Article 36(2) of Regulation (EU) No 528/2012. The Commission took into account the comments provided by the applicant. |
| --- | --- |

(9)

On 30 April 2018, the Commission provided the applicant with the opportunity to provide written comments in accordance with Article 36(2) of Regulation (EU) No 528/2012. The Commission took into account the comments provided by the applicant.

| (10) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products, |
| --- | --- |

(10)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS DECISION:

Article 1

This Decision applies to the biocidal product family identified by the asset number SE-0017809-0000 in the Register for Biocidal Products.

Article 2

The minimum and maximum percentage for the concentration of the active substance in the biocidal product family referred to in Article 1, as referred to in Article 22(2)(e) of Regulation (EU) No 528/2012, shall be expressed by considering the active substance as it was approved, which includes the main constituent of the active substance and any additives or impurities.

Under the terms and conditions set out in paragraph 1, the biocidal product family referred to in Article 1 meets the conditions laid down in Article 19(1)(c) of Regulation (EU) No 528/2012.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 26 September 2018.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

---

(1)  
  OJ L 167, 27.6.2012, p. 1.

1

(2)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

2

---

| 28.9.2018 | EN | Official Journal of the European Union | L 244/111 |
| --- | --- | --- | --- |

28.9.2018

EN

Official Journal of the European Union

L 244/111

---

COMMISSION IMPLEMENTING DECISION (EU) 2018/1306

of 27 September 2018

terminating the anti-dumping proceeding concerning imports of certain stainless steel wires originating in India

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 266 thereof,

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1),

Whereas:

1.   MEASURES IN FORCE AND JUDGMENT OF THE COURT

MEASURES IN FORCE AND JUDGMENT OF THE COURT

1.1.   Measures in force

Measures in force

| (1) | In 2013, by Implementing Regulation (EU) No 1106/2013 (2) (‘the contested Regulation’) the Council imposed a definitive anti-dumping duty on imports of certain stainless steel wires originating in India (‘the original measures’) following an investigation pursuant to Article 5 of Council Regulation (EC) No 1225/2009 (3). |
| --- | --- |

(1)

In 2013, by Implementing Regulation (EU) No 1106/2013 (2) (‘the contested Regulation’) the Council imposed a definitive anti-dumping duty on imports of certain stainless steel wires originating in India (‘the original measures’) following an investigation pursuant to Article 5 of Council Regulation (EC) No 1225/2009 (3).

2

3

| (2) | By Notice of 1 April 2015 (4), the Commission published a name and location change of the company Viraj Profiles Vpl. Ltd, Mumbai, Maharashtra into Viraj Profiles Limited, Palghar, Maharashtra and Mumbai, Maharashtra. |
| --- | --- |

(2)

By Notice of 1 April 2015 (4), the Commission published a name and location change of the company Viraj Profiles Vpl. Ltd, Mumbai, Maharashtra into Viraj Profiles Limited, Palghar, Maharashtra and Mumbai, Maharashtra.

4

| (3) | In September 2015, the original measures were amended by Commission Implementing Regulation (EU) 2015/1483 (5) following an absorption re-investigation. |
| --- | --- |

(3)

In September 2015, the original measures were amended by Commission Implementing Regulation (EU) 2015/1483 (5) following an absorption re-investigation.

5

| (4) | In February 2017, by Commission Implementing Regulation (EU) 2017/220 (6) the original measures were amended following a partial interim review under Article 11(3) of Regulation (EU) 2016/1036. |
| --- | --- |

(4)

In February 2017, by Commission Implementing Regulation (EU) 2017/220 (6) the original measures were amended following a partial interim review under Article 11(3) of Regulation (EU) 2016/1036.

6

| (5) | By corrigenda published in May and October 2017 respectively (7), the duty rate for non-cooperating exporting producers was reduced from 16,2 % to 12,5 % and the duty rate for the cooperating non-sampled companies was set at 5 % instead of 8,4 %. |
| --- | --- |

(5)

By corrigenda published in May and October 2017 respectively (7), the duty rate for non-cooperating exporting producers was reduced from 16,2 % to 12,5 % and the duty rate for the cooperating non-sampled companies was set at 5 % instead of 8,4 %.

7

1.2.   Judgment of the General Court of the European Union

Judgment of the General Court of the European Union

| (6) | On 1 February 2014, Viraj Profiles Limited (‘Viraj’), an Indian exporting producer of various stainless steel products, in particular stainless steel wires, lodged an application at the General Court of the European Union (‘the General Court’) seeking the annulment of the contested Regulation in so far as it applied to it. In its judgment of 11 July 2017 (‘the judgment’) in case T-67/14 Viraj Profiles Ltd v Council (8), the General Court annulled the contested Regulation to the extent that it applies to Viraj. |
| --- | --- |

(6)

On 1 February 2014, Viraj Profiles Limited (‘Viraj’), an Indian exporting producer of various stainless steel products, in particular stainless steel wires, lodged an application at the General Court of the European Union (‘the General Court’) seeking the annulment of the contested Regulation in so far as it applied to it. In its judgment of 11 July 2017 (‘the judgment’) in case T-67/14 Viraj Profiles Ltd v Council (8), the General Court annulled the contested Regulation to the extent that it applies to Viraj.

Viraj Profiles Ltd v Council

8

| (7) | In particular, the General Court, in paragraph 144 of its judgment, ruled that the institutions infringed their obligation to state reasons by failing to provide detailed and relevant explanations to Viraj despite its repeated requests during the administrative proceeding. The institutions thus infringed their obligation to state reasons for their decision to adjust upwards the costs provided by Viraj. The General Court also examined whether the institutions committed a manifest error of assessment in making such an adjustment. It concluded, in paragraph 154 of its judgment, that it did not have all the information necessary in order to confirm that no manifest error of assessment was made by the institutions when determining the rate of adjustment. |
| --- | --- |

(7)

In particular, the General Court, in paragraph 144 of its judgment, ruled that the institutions infringed their obligation to state reasons by failing to provide detailed and relevant explanations to Viraj despite its repeated requests during the administrative proceeding. The institutions thus infringed their obligation to state reasons for their decision to adjust upwards the costs provided by Viraj. The General Court also examined whether the institutions committed a manifest error of assessment in making such an adjustment. It concluded, in paragraph 154 of its judgment, that it did not have all the information necessary in order to confirm that no manifest error of assessment was made by the institutions when determining the rate of adjustment.

1.3.   Consequences of the judgment

Consequences of the judgment

| (8) | In accordance with Article 266 of the Treaty of the Functioning of the European Union, the Union institutions must take the necessary steps to comply with the judgment. |
| --- | --- |

(8)

In accordance with Article 266 of the Treaty of the Functioning of the European Union, the Union institutions must take the necessary steps to comply with the judgment.

| (9) | In cases where proceedings consist of several administrative steps, the annulment of one of those steps does not annul the complete proceeding (9). The anti-dumping investigation is an example of such a multi-step proceeding. Consequently, the annulment of the contested Regulation, in so far as it concerns Viraj, does not imply the annulment of the entire procedure prior to the adoption of that Regulation. Accordingly, in complying with the judgment, the Commission has the possibility to remedy the aspects of the proceeding which led to the annulment, while leaving unchanged those parts which are not affected by the judgment (10). |
| --- | --- |

(9)

In cases where proceedings consist of several administrative steps, the annulment of one of those steps does not annul the complete proceeding (9). The anti-dumping investigation is an example of such a multi-step proceeding. Consequently, the annulment of the contested Regulation, in so far as it concerns Viraj, does not imply the annulment of the entire procedure prior to the adoption of that Regulation. Accordingly, in complying with the judgment, the Commission has the possibility to remedy the aspects of the proceeding which led to the annulment, while leaving unchanged those parts which are not affected by the judgment (10).

9

10

| (10) | It should be pointed out that apart from the finding that the institutions failed to provide detailed and relevant explanations for their decision to adjust upwards the costs provided by Viraj and the conclusion that the Court could not rule on whether a manifest error of assessment was made by the institutions when determining the rate of adjustment, all other findings reached in the contested Regulation which were not contested within the time-limits for a challenge or which were contested but rejected by the judgment or not examined by the General Court and therefore did not lead to the annulment of the contested Regulation, remain valid. |
| --- | --- |

(10)

It should be pointed out that apart from the finding that the institutions failed to provide detailed and relevant explanations for their decision to adjust upwards the costs provided by Viraj and the conclusion that the Court could not rule on whether a manifest error of assessment was made by the institutions when determining the rate of adjustment, all other findings reached in the contested Regulation which were not contested within the time-limits for a challenge or which were contested but rejected by the judgment or not examined by the General Court and therefore did not lead to the annulment of the contested Regulation, remain valid.

| (11) | Therefore, the failure to state reasons should be re-examined in the light of the particular circumstances relating to Viraj. |
| --- | --- |

(11)

Therefore, the failure to state reasons should be re-examined in the light of the particular circumstances relating to Viraj.

2.   PROCEDURE

PROCEDURE

| (12) | Following the judgment, the Commission published a Notice (11) concerning the reopening of the anti-dumping investigation that led to the adoption of the contested Regulation. The reopening was limited in scope to the implementation of the judgment with regard to Viraj. |
| --- | --- |

(12)

Following the judgment, the Commission published a Notice (11) concerning the reopening of the anti-dumping investigation that led to the adoption of the contested Regulation. The reopening was limited in scope to the implementation of the judgment with regard to Viraj.

11

| (13) | The Commission officially informed Viraj, the representatives of India and the Union industry of the reopening of the investigation. |
| --- | --- |

(13)

The Commission officially informed Viraj, the representatives of India and the Union industry of the reopening of the investigation.

| (14) | Viraj and the Union industry were given the opportunity to comment and to request a hearing within the time-limit set out in the notice. |
| --- | --- |

(14)

Viraj and the Union industry were given the opportunity to comment and to request a hearing within the time-limit set out in the notice.

| (15) | Following the initial comments received, all other interested parties known to be concerned at the time of the original investigation were contacted and given the opportunity to comment and to request a hearing. |
| --- | --- |

(15)

Following the initial comments received, all other interested parties known to be concerned at the time of the original investigation were contacted and given the opportunity to comment and to request a hearing.

| (16) | All interested parties who so requested were granted the opportunity to be heard by the Commission services and/or the Hearing officer. |
| --- | --- |

(16)

All interested parties who so requested were granted the opportunity to be heard by the Commission services and/or the Hearing officer.

| (17) | The Commission received submissions on various aspects of the reopening from Viraj and from the European Confederation of Iron and Steel Industries (Eurofer). |
| --- | --- |

(17)

The Commission received submissions on various aspects of the reopening from Viraj and from the European Confederation of Iron and Steel Industries (Eurofer).

| (18) | Viraj claimed that the General Court annulled the entire contested Regulation as far as it was concerned, as opposed to only annulling the contested Regulation in part. It claimed that the illegality committed by the Union Institutions which led to the annulment of the contested Regulation could not be cured and that therefore no re-opening of the investigation was warranted. |
| --- | --- |

(18)

Viraj claimed that the General Court annulled the entire contested Regulation as far as it was concerned, as opposed to only annulling the contested Regulation in part. It claimed that the illegality committed by the Union Institutions which led to the annulment of the contested Regulation could not be cured and that therefore no re-opening of the investigation was warranted.

| (19) | Viraj further claimed that if, however, the Union institutions nevertheless pursued the decision to re-open the investigation, such re-examination should not be limited to the obligation to state reasons but should entail a complete re-verification and assessment of the adjustments made by the Commission to its costs of production. |
| --- | --- |

(19)

Viraj further claimed that if, however, the Union institutions nevertheless pursued the decision to re-open the investigation, such re-examination should not be limited to the obligation to state reasons but should entail a complete re-verification and assessment of the adjustments made by the Commission to its costs of production.

| (20) | As stated in recital 9, the Court of First Instance in the Industrie des poudres sphériques case recognised that, in cases where a proceeding consists of several administrative steps, such as in an anti-dumping proceeding, the annulment of one of those steps does not annul the complete proceeding. Since the Union institutions are obliged to comply with the judgment, this implies the possibility to remedy the aspects of the contested Regulation which led to its annulment, while leaving unchanged the uncontested parts. Both claims were therefore rejected. |
| --- | --- |

(20)

As stated in recital 9, the Court of First Instance in the Industrie des poudres sphériques case recognised that, in cases where a proceeding consists of several administrative steps, such as in an anti-dumping proceeding, the annulment of one of those steps does not annul the complete proceeding. Since the Union institutions are obliged to comply with the judgment, this implies the possibility to remedy the aspects of the contested Regulation which led to its annulment, while leaving unchanged the uncontested parts. Both claims were therefore rejected.

Industrie des poudres sphériques

| (21) | The complainant in the original investigation, Eurofer, submitted that the most appropriate action for the Commission would be to expand its reasoning on the specific points identified by the General Court in the judgment and re-impose the definitive anti-dumping duty. |
| --- | --- |

(21)

The complainant in the original investigation, Eurofer, submitted that the most appropriate action for the Commission would be to expand its reasoning on the specific points identified by the General Court in the judgment and re-impose the definitive anti-dumping duty.

3.   ASSESSMENT FOLLOWING THE JUDGMENT

ASSESSMENT FOLLOWING THE JUDGMENT

3.1.   Preliminary remarks

Preliminary remarks

| (22) | In its first plea before the General Court, Viraj alleged manifest errors in the calculation of its costs of production and a breach of the obligation to state reasons. The judgment rejected both the second and the third plea, respectively alleging errors made in the assessment of the causal link and alleging that the complaint did not contain the required evidence. |
| --- | --- |

(22)

In its first plea before the General Court, Viraj alleged manifest errors in the calculation of its costs of production and a breach of the obligation to state reasons. The judgment rejected both the second and the third plea, respectively alleging errors made in the assessment of the causal link and alleging that the complaint did not contain the required evidence.

| (23) | The arguments relating to the first plea were divided in two parts. In the first part, Viraj claimed that the Union institutions erred while applying an upward adjustment to the costs of production. In the second part, it claimed that certain selling, general and administrative (‘SGA’) costs were incorrectly taken into account or double-counted. |
| --- | --- |

(23)

The arguments relating to the first plea were divided in two parts. In the first part, Viraj claimed that the Union institutions erred while applying an upward adjustment to the costs of production. In the second part, it claimed that certain selling, general and administrative (‘SGA’) costs were incorrectly taken into account or double-counted.

| (24) | The General Court upheld the first part of the first plea in that the institutions infringed their obligation to state reasons. The second part of the first plea was rejected. As a consequence, for the purpose of complying with Article 266 of the Treaty of the Functioning of the European, the Commission addressed the first part of the first plea, namely the lack of reasoning regarding the assessment of costs of production. |
| --- | --- |

(24)

The General Court upheld the first part of the first plea in that the institutions infringed their obligation to state reasons. The second part of the first plea was rejected. As a consequence, for the purpose of complying with Article 266 of the Treaty of the Functioning of the European, the Commission addressed the first part of the first plea, namely the lack of reasoning regarding the assessment of costs of production.

3.2.   Evidence of dumping

Evidence of dumping

3.2.1.   The methodology used for the determination of cost of production

The methodology used for the determination of cost of production

| (25) | The Commission, in line with Viraj's cost accounting methodology, established the manufacturing costs of production following a 3-step approach, corresponding to the steps in the production process of stainless steel wire. |
| --- | --- |

(25)

The Commission, in line with Viraj's cost accounting methodology, established the manufacturing costs of production following a 3-step approach, corresponding to the steps in the production process of stainless steel wire.

| (26) | The first step consisted of the determination of the manufacturing cost of production of stainless steel billets. In the Profit and Loss account of Viraj's published annual accounts, the cost of materials consumed, which consists of stainless steel scrap, nickel, ferro-chrome, silicon and other materials for producing billets from steel scrap, indicated an average cost that was found to be in line with the average raw material cost reported in the questionnaire reply, which was therefore considered reliable. |
| --- | --- |

(26)

The first step consisted of the determination of the manufacturing cost of production of stainless steel billets. In the Profit and Loss account of Viraj's published annual accounts, the cost of materials consumed, which consists of stainless steel scrap, nickel, ferro-chrome, silicon and other materials for producing billets from steel scrap, indicated an average cost that was found to be in line with the average raw material cost reported in the questionnaire reply, which was therefore considered reliable.

| (27) | To the raw material costs of stainless steel billets, the following processing costs were added: auxiliary materials, direct labour, energy, depreciation and other costs; in order to determine the total stainless steel billet manufacturing cost per tonne. |
| --- | --- |

(27)

To the raw material costs of stainless steel billets, the following processing costs were added: auxiliary materials, direct labour, energy, depreciation and other costs; in order to determine the total stainless steel billet manufacturing cost per tonne.

| (28) | In the second step, costs were added to transform the stainless steel billet into stainless steel wire rod, and the average raw material cost, mainly consisting of the cost of stainless steel billets already accounted for, was determined. |
| --- | --- |

(28)

In the second step, costs were added to transform the stainless steel billet into stainless steel wire rod, and the average raw material cost, mainly consisting of the cost of stainless steel billets already accounted for, was determined.

| (29) | To this raw material cost of wire rod, the same type of processing costs were added (auxiliary materials, direct labour, energy, depreciation and other costs) establishing the total cost of wire rod per tonne. |
| --- | --- |

(29)

To this raw material cost of wire rod, the same type of processing costs were added (auxiliary materials, direct labour, energy, depreciation and other costs) establishing the total cost of wire rod per tonne.

| (30) | The third and last step consisted of transforming the wire rod into wire. Taking the processing cost involved into account, the average cost of stainless steel wire was determined at a level comparable to the FIFO valuation in the annual accounts. |
| --- | --- |

(30)

The third and last step consisted of transforming the wire rod into wire. Taking the processing cost involved into account, the average cost of stainless steel wire was determined at a level comparable to the FIFO valuation in the annual accounts.

| (31) | This further cross-checking of the reported costs with the data contained in the published annual accounts confirmed that the data reported for manufacturing costs were reliable and that the additional explanatory reconciliations between the questionnaire reply and the internal accounting data given in this respect by Viraj based on annexes submitted during the on-site investigation could be accepted. |
| --- | --- |

(31)

This further cross-checking of the reported costs with the data contained in the published annual accounts confirmed that the data reported for manufacturing costs were reliable and that the additional explanatory reconciliations between the questionnaire reply and the internal accounting data given in this respect by Viraj based on annexes submitted during the on-site investigation could be accepted.

| (32) | Therefore, at the definitive stage of the investigation, the Commission considered that the reported manufacturing costs could be accepted. However, the SGA reported by Viraj in the questionnaire reply were found to be underreported in comparison to the corresponding costs found in the annual accounts. It was therefore considered appropriate to allocate SGA as reported in the annual accounts to the product concerned based on turnover, in accordance with Article 2(5) of Regulation (EC) No 1225/2009. |
| --- | --- |

(32)

Therefore, at the definitive stage of the investigation, the Commission considered that the reported manufacturing costs could be accepted. However, the SGA reported by Viraj in the questionnaire reply were found to be underreported in comparison to the corresponding costs found in the annual accounts. It was therefore considered appropriate to allocate SGA as reported in the annual accounts to the product concerned based on turnover, in accordance with Article 2(5) of Regulation (EC) No 1225/2009.

| (33) | Subsequently, the manufacturing cost was adjusted by taking into account the elements of SGA mentioned in the annual accounts but not included in the manufacturing cost reported by Viraj. In order to achieve that, adjustments were made, expressed in terms of turnover of 8,27 % composed of 6,27 % for finance costs and 2 % for other SGA costs. The equivalent adjustment of the manufacturing cost amounted to 11,17 %, consisting of 8,47 % for finance costs and 2,70 % for other SGA costs. |
| --- | --- |

(33)

Subsequently, the manufacturing cost was adjusted by taking into account the elements of SGA mentioned in the annual accounts but not included in the manufacturing cost reported by Viraj. In order to achieve that, adjustments were made, expressed in terms of turnover of 8,27 % composed of 6,27 % for finance costs and 2 % for other SGA costs. The equivalent adjustment of the manufacturing cost amounted to 11,17 %, consisting of 8,47 % for finance costs and 2,70 % for other SGA costs.

| (34) | The manufacturing cost was compared to the manufacturing cost reported by Viraj, after deduction of the packaging material cost. On that basis, an adjustment factor was determined and was applied to the manufacturing cost per product type reported by Viraj. |
| --- | --- |

(34)

The manufacturing cost was compared to the manufacturing cost reported by Viraj, after deduction of the packaging material cost. On that basis, an adjustment factor was determined and was applied to the manufacturing cost per product type reported by Viraj.

3.2.2.   Claims before the General Court

Claims before the General Court

| (35) | Viraj claimed that the Union institutions should have consistently used the average cost as reported in its questionnaire reply, either excluding material packaging costs and packing labour or including all packaging costs. |
| --- | --- |

(35)

Viraj claimed that the Union institutions should have consistently used the average cost as reported in its questionnaire reply, either excluding material packaging costs and packing labour or including all packaging costs.

| (36) | In paragraphs 135 to 140 of its judgment, the General Court held that the Union institutions did not provide any explanation as to why the cost of manufacturing was determined excluding packaging costs instead of taking account the cost provided by Viraj. As regards the percentages added to the cost of manufacturing, the General Court concluded, in paragraph 141 of its judgment, that mere reference to the figures without further explanation was not sufficient to make it possible to understand which percentages were actually used for other costs and finance costs. |
| --- | --- |

(36)

In paragraphs 135 to 140 of its judgment, the General Court held that the Union institutions did not provide any explanation as to why the cost of manufacturing was determined excluding packaging costs instead of taking account the cost provided by Viraj. As regards the percentages added to the cost of manufacturing, the General Court concluded, in paragraph 141 of its judgment, that mere reference to the figures without further explanation was not sufficient to make it possible to understand which percentages were actually used for other costs and finance costs.

3.2.3.   Re-assessment by the Commission

Re-assessment by the Commission

| (37) | The Commission re-assessed the determination of the manufacturing costs. |
| --- | --- |

(37)

The Commission re-assessed the determination of the manufacturing costs.

| (38) | The Commission concluded that, for reasons of correct comparison and in order to address the General Court's concerns, the costs of manufacturing as reported by Viraj, notably including packaging, should be used. |
| --- | --- |

(38)

The Commission concluded that, for reasons of correct comparison and in order to address the General Court's concerns, the costs of manufacturing as reported by Viraj, notably including packaging, should be used.

| (39) | That reassessed choice of basis for further calculations pre-empts the first objection by Viraj and by extension by the General Court with regard to the uncertainty surrounding the determination of the manufacturing costs. |
| --- | --- |

(39)

That reassessed choice of basis for further calculations pre-empts the first objection by Viraj and by extension by the General Court with regard to the uncertainty surrounding the determination of the manufacturing costs.

| (40) | As a consequence, the adjustment factor mentioned in recital 34 was revised downward and applied to the manufacturing costs per product type reported by Viraj, following the same methodology described in recitals 33 and 34. |
| --- | --- |

(40)

As a consequence, the adjustment factor mentioned in recital 34 was revised downward and applied to the manufacturing costs per product type reported by Viraj, following the same methodology described in recitals 33 and 34.

| (41) | Since the methodology, which consisted of adjusting the manufacturing costs by allocating SGA costs on the basis of turnover in accordance with Article 2(5) of Regulation (EC) No 1225/2009, was accepted in principle by Viraj (12), the adjustment of the manufacturing costs reported by Viraj itself by a factor that is based on its own published annual accounts, is therefore considered to be entirely traceable back to Viraj's own data. Consequently, Viraj has at its disposal all the required information regarding the determination of the manufacturing costs. |
| --- | --- |

(41)

Since the methodology, which consisted of adjusting the manufacturing costs by allocating SGA costs on the basis of turnover in accordance with Article 2(5) of Regulation (EC) No 1225/2009, was accepted in principle by Viraj (12), the adjustment of the manufacturing costs reported by Viraj itself by a factor that is based on its own published annual accounts, is therefore considered to be entirely traceable back to Viraj's own data. Consequently, Viraj has at its disposal all the required information regarding the determination of the manufacturing costs.

12

| (42) | After the recalculation of the normal value following the methodology described in recitals 25 to 33, the revised dumping margin for Viraj was established at 5,3 %. Viraj received its individual detailed calculations used to determine its revised dumping margin and was given the opportunity to comment. |
| --- | --- |

(42)

After the recalculation of the normal value following the methodology described in recitals 25 to 33, the revised dumping margin for Viraj was established at 5,3 %. Viraj received its individual detailed calculations used to determine its revised dumping margin and was given the opportunity to comment.

| (43) | That recalculation was also disclosed to Eurofer which claimed that Viraj should not be granted a favourable treatment and that reducing the dumping margin in a context of a failure of reasoning is unusually generous. |
| --- | --- |

(43)

That recalculation was also disclosed to Eurofer which claimed that Viraj should not be granted a favourable treatment and that reducing the dumping margin in a context of a failure of reasoning is unusually generous.

| (44) | The Commission re-assessed the reasoning on which the anti-dumping measure is based and found an inconsistency in its approach. It was therefore obliged to adjust the findings to the objective facts in the file. Eurofer's claim was therefore rejected. |
| --- | --- |

(44)

The Commission re-assessed the reasoning on which the anti-dumping measure is based and found an inconsistency in its approach. It was therefore obliged to adjust the findings to the objective facts in the file. Eurofer's claim was therefore rejected.

3.2.4.   Viraj's comments on the disclosure

Viraj's comments on the disclosure

| (45) | Although Viraj repeated that it does not contest the methodology used by the Commission, it claimed that, as the Commission had accepted the manufacturing costs as originally reported by Viraj, those costs should also form the basis to which the finance and other SGA costs are added. |
| --- | --- |

(45)

Although Viraj repeated that it does not contest the methodology used by the Commission, it claimed that, as the Commission had accepted the manufacturing costs as originally reported by Viraj, those costs should also form the basis to which the finance and other SGA costs are added.

| (46) | The Commission accepted the claim and took the revised manufacturing costs as the basis for calculating the adjustments for finance and other SGA costs. |
| --- | --- |

(46)

The Commission accepted the claim and took the revised manufacturing costs as the basis for calculating the adjustments for finance and other SGA costs.

| (47) | Viraj also claimed that the upward adjustment of the manufacturing costs by 11,17 %, consisting of 8,74 % for finance costs and 2,70 % for other SGA costs, as described in recital 33, has been wrongly determined. In particular, Viraj claimed that other expenses (spares and consumables, power and fuel, and labour charges) which the Commission had already considered as a part of manufacturing costs should also be added to the denominator. |
| --- | --- |

(47)

Viraj also claimed that the upward adjustment of the manufacturing costs by 11,17 %, consisting of 8,74 % for finance costs and 2,70 % for other SGA costs, as described in recital 33, has been wrongly determined. In particular, Viraj claimed that other expenses (spares and consumables, power and fuel, and labour charges) which the Commission had already considered as a part of manufacturing costs should also be added to the denominator.

| (48) | The Commission accepted Viraj's claim and adjusted the denominator accordingly. Consequently, the upward adjustment of manufacturing cost was set at 9,54 %, consisting of 7,25 % for finance costs and 2,29 % for other SGA costs. |
| --- | --- |

(48)

The Commission accepted Viraj's claim and adjusted the denominator accordingly. Consequently, the upward adjustment of manufacturing cost was set at 9,54 %, consisting of 7,25 % for finance costs and 2,29 % for other SGA costs.

| (49) | Following the corrections of those conceptual and clerical errors, the revised dumping margin Viraj is set at 1,6 %. Given that Viraj's dumping margin is now a de minimis dumping margin, it is concluded that the investigation should be terminated without the imposition of anti-dumping measures with regard to imports of certain stainless steel wires originating in India produced by Viraj. |
| --- | --- |

(49)

Following the corrections of those conceptual and clerical errors, the revised dumping margin Viraj is set at 1,6 %. Given that Viraj's dumping margin is now a de minimis dumping margin, it is concluded that the investigation should be terminated without the imposition of anti-dumping measures with regard to imports of certain stainless steel wires originating in India produced by Viraj.

de minimis

4.   DISCLOSURE

DISCLOSURE

| (50) | The Commission informed the interested parties of the essential facts and considerations on the basis of which it intended to terminate the investigation without imposing the definitive anti-dumping duty on imports of certain stainless steel wires originating in India produced by Viraj. Interested parties were also granted an opportunity to comment on the final disclosure. |
| --- | --- |

(50)

The Commission informed the interested parties of the essential facts and considerations on the basis of which it intended to terminate the investigation without imposing the definitive anti-dumping duty on imports of certain stainless steel wires originating in India produced by Viraj. Interested parties were also granted an opportunity to comment on the final disclosure.

| (51) | All comments received were considered and taken into account, where appropriate. |
| --- | --- |

(51)

All comments received were considered and taken into account, where appropriate.

| (52) | This regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1035 of the European Parliament and of the Council (13), |
| --- | --- |

(52)

This regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1035 of the European Parliament and of the Council (13),

13

HAS ADOPTED THIS DECISION:

Article 1

The re-opening of the investigation further to the judgment of 11 July 2017 by the General Court in case T-67/14 Viraj Profiles Ltd v Council in relation to Implementing Regulation (EU) No 1106/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India, manufactured by Viraj Profiles Limited, is hereby terminated.

Article 2

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

Done at Brussels, 27 September 2018.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 176, 30.6.2016, p. 21.

1

(2)  Council Implementing Regulation (EU) No 1106/2013 of 5 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India (OJ L 298, 8.11.2013, p. 1).

2

(3)  Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).

3

(4)  Notice concerning the anti-dumping and countervailing measures in force in respect of imports into the Union of certain stainless steel wires originating in India: change of name of one company subject to an individual anti-dumping and countervailing duty rate (OJ C 111, 1.4.2015, p. 5).

4

(5)  Commission Implementing Regulation (EU) 2015/1483 of 1 September 2015 amending Council Implementing Regulation (EU) No 1106/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India following and absorption reinvestigation pursuant to Article 12 of Council Regulation (EC) No 1225/2009 (OJ L 228, 2.9.2015, p. 1).

5

(6)  Commission Implementing Regulation (EU) 2017/220 of 8 February 2017 amending Council Implementing Regulation (EU) No 1106/2013 imposing a definitive anti-dumping duty on imports of certain stainless steel wires originating in India following a partial interim review under Article 11(3) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 34, 9.2.2017, p. 21).

6

(7)  
  OJ L 134, 23.5.2017, p. 52 and OJ L 255, 3.10.2017, p. 32.

7

(8)  Judgment of the General Court (Seventh Chamber) of 11 July 2017, Viraj Profiles Ltd v Council, Case T-67/14, ECLI:EU:T:2017:481.

8

Viraj Profiles Ltd v Council

(9)  Judgment of the Court of First Instance of 15 October 1998, Industrie des poudres sphériques (IPS) v Council, Case T-2/95, ECLI:EU:T:1998:242.

9

Industrie des poudres sphériques (IPS) v Council

(10)  Judgment of the Court (Fifth Chamber) of 3 October 2000, Industrie des poudres sphériques v Council et al, Case C-458/98 P, ECLI:EU:C:2000:531.

10

Industrie des poudres sphériques v Council et al

(11)  Notice concerning the judgment of 11 July 2017 in case T-67/14 in relation to Council Implementing Regulation (EU) No 1106/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India (OJ C 334, 6.10.2017, p. 3).

11

(12)  Viraj did not dispute the method used to adjust the costs of production upward but stated that errors were made while applying the method.

12

(13)  Regulation (EU) 2016/1035 of the European Parliament and of the Council of 8 June 2016 on protection against injurious pricing of vessels (OJ L 176, 30.6.2016, p. 1).

13

---

| 28.9.2018 | EN | Official Journal of the European Union | L 244/117 |
| --- | --- | --- | --- |

28.9.2018

EN

Official Journal of the European Union

L 244/117

---

COMMISSION IMPLEMENTING DECISION (EU) 2018/1307

of 27 September 2018

amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States

(notified under document C(2018) 6382)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Whereas:

| (1) | Commission Implementing Decision (EU) 2017/247 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype H5 in a number of Member States (‘the concerned Member States’), and the establishment of protection and surveillance zones by the competent authority of the concerned Member States in accordance with Article 16(1) of Council Directive 2005/94/EC (4). |
| --- | --- |

(1)

Commission Implementing Decision (EU) 2017/247 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype H5 in a number of Member States (‘the concerned Member States’), and the establishment of protection and surveillance zones by the competent authority of the concerned Member States in accordance with Article 16(1) of Council Directive 2005/94/EC (4).

| (2) | Implementing Decision (EU) 2017/247 provides that the protection and surveillance zones established by the competent authorities of the concerned Member States in accordance with Directive 2005/94/EC are to comprise at least the areas listed as protection and surveillance zones in the Annex to that Implementing Decision. Implementing Decision (EU) 2017/247 also lays down that the measures to be applied in the protection and surveillance zones, as provided for in Article 29(1) and Article 31 of Directive 2005/94/EC, are to be maintained until at least the dates for those zones set out in the Annex to that Implementing Decision. |
| --- | --- |

(2)

Implementing Decision (EU) 2017/247 provides that the protection and surveillance zones established by the competent authorities of the concerned Member States in accordance with Directive 2005/94/EC are to comprise at least the areas listed as protection and surveillance zones in the Annex to that Implementing Decision. Implementing Decision (EU) 2017/247 also lays down that the measures to be applied in the protection and surveillance zones, as provided for in Article 29(1) and Article 31 of Directive 2005/94/EC, are to be maintained until at least the dates for those zones set out in the Annex to that Implementing Decision.

| (3) | Since the date of its adoption, Implementing Decision (EU) 2017/247 has been amended several times to take account of developments in the epidemiological situation in the Union as regards avian influenza. In particular, Implementing Decision (EU) 2017/247 was amended by Commission Implementing Decision (EU) 2017/696 (5) in order to lay down rules regarding the dispatch of consignments of day-old chicks from the areas listed in the Annex to Implementing Decision (EU) 2017/247. That amendment took into account the fact that day-old chicks pose a very low risk for the spread of highly pathogenic avian influenza compared to other poultry commodities. |
| --- | --- |

(3)

Since the date of its adoption, Implementing Decision (EU) 2017/247 has been amended several times to take account of developments in the epidemiological situation in the Union as regards avian influenza. In particular, Implementing Decision (EU) 2017/247 was amended by Commission Implementing Decision (EU) 2017/696 (5) in order to lay down rules regarding the dispatch of consignments of day-old chicks from the areas listed in the Annex to Implementing Decision (EU) 2017/247. That amendment took into account the fact that day-old chicks pose a very low risk for the spread of highly pathogenic avian influenza compared to other poultry commodities.

| (4) | Implementing Decision (EU) 2017/247 was also subsequently amended by Commission Implementing Decision (EU) 2017/1841 (6) in order to strengthen the disease control measures applicable where there is an increased risk for the spread of highly pathogenic avian influenza. Consequently, Implementing Decision (EU) 2017/247 now provides for the establishment at Union level of further restricted zones in the concerned Member States, as referred to in Article 16(4) of Directive 2005/94/EC, following an outbreak or outbreaks of highly pathogenic avian influenza, and the duration of the measures to be applied therein. Implementing Decision (EU) 2017/247 now also lays down rules for the dispatch of live poultry, day-old chicks and hatching eggs from the further restricted zones to other Member States, subject to certain conditions. |
| --- | --- |

(4)

Implementing Decision (EU) 2017/247 was also subsequently amended by Commission Implementing Decision (EU) 2017/1841 (6) in order to strengthen the disease control measures applicable where there is an increased risk for the spread of highly pathogenic avian influenza. Consequently, Implementing Decision (EU) 2017/247 now provides for the establishment at Union level of further restricted zones in the concerned Member States, as referred to in Article 16(4) of Directive 2005/94/EC, following an outbreak or outbreaks of highly pathogenic avian influenza, and the duration of the measures to be applied therein. Implementing Decision (EU) 2017/247 now also lays down rules for the dispatch of live poultry, day-old chicks and hatching eggs from the further restricted zones to other Member States, subject to certain conditions.

| (5) | In addition, the Annex to Implementing Decision (EU) 2017/247 has been amended numerous times, mainly to take account of changes in the boundaries of the protection and surveillance zones established by the concerned Member States in accordance with Directive 2005/94/EC. |
| --- | --- |

(5)

In addition, the Annex to Implementing Decision (EU) 2017/247 has been amended numerous times, mainly to take account of changes in the boundaries of the protection and surveillance zones established by the concerned Member States in accordance with Directive 2005/94/EC.

| (6) | The Annex to Implementing Decision (EU) 2017/247 was last amended by Commission Implementing Decision (EU) 2018/1044 (7), following the notification by Bulgaria of a further outbreak of highly pathogenic avian influenza in a poultry holding in the Dobrich region of that Member State. Bulgaria also notified the Commission that it had duly taken the necessary measures required in accordance with Directive 2005/94/EC following that outbreak, including the establishment of protection and surveillance zones around the infected poultry holding. |
| --- | --- |

(6)

The Annex to Implementing Decision (EU) 2017/247 was last amended by Commission Implementing Decision (EU) 2018/1044 (7), following the notification by Bulgaria of a further outbreak of highly pathogenic avian influenza in a poultry holding in the Dobrich region of that Member State. Bulgaria also notified the Commission that it had duly taken the necessary measures required in accordance with Directive 2005/94/EC following that outbreak, including the establishment of protection and surveillance zones around the infected poultry holding.

| (7) | Since the date of the last amendment made to Implementing Decision (EU) 2017/247 by Implementing Decision (EU) 2018/1044, Bulgaria has notified the Commission of a new outbreak of highly pathogenic avian influenza of subtype H5 in a poultry holding in the Plovdiv region of that Member State. |
| --- | --- |

(7)

Since the date of the last amendment made to Implementing Decision (EU) 2017/247 by Implementing Decision (EU) 2018/1044, Bulgaria has notified the Commission of a new outbreak of highly pathogenic avian influenza of subtype H5 in a poultry holding in the Plovdiv region of that Member State.

| (8) | Bulgaria has also notified the Commission that it has taken the necessary measures required in accordance with Directive 2005/94/EC following that new outbreak, including the establishment of protection and surveillance zones around the infected poultry holding in that Member State. |
| --- | --- |

(8)

Bulgaria has also notified the Commission that it has taken the necessary measures required in accordance with Directive 2005/94/EC following that new outbreak, including the establishment of protection and surveillance zones around the infected poultry holding in that Member State.

| (9) | The Commission has examined those measures in collaboration with Bulgaria, and the Commission is satisfied that the boundaries of the protection and surveillance zones, established by the competent authority of Bulgaria, are at a sufficient distance to the poultry holding where the new outbreak has been confirmed. |
| --- | --- |

(9)

The Commission has examined those measures in collaboration with Bulgaria, and the Commission is satisfied that the boundaries of the protection and surveillance zones, established by the competent authority of Bulgaria, are at a sufficient distance to the poultry holding where the new outbreak has been confirmed.

| (10) | In order to prevent any unnecessary disturbance to trade within the Union, and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at Union level, in collaboration with Bulgaria, the protection and surveillance zones established in Bulgaria, in accordance with Directive 2005/94/EC, following the new outbreak of highly pathogenic avian influenza in that Member State. |
| --- | --- |

(10)

In order to prevent any unnecessary disturbance to trade within the Union, and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at Union level, in collaboration with Bulgaria, the protection and surveillance zones established in Bulgaria, in accordance with Directive 2005/94/EC, following the new outbreak of highly pathogenic avian influenza in that Member State.

| (11) | Implementing Decision (EU) 2017/247 should therefore be updated to take account of the up-to-date epidemiological situation in Bulgaria, as regards highly pathogenic avian influenza. In particular, the newly established protection and surveillance zones in Bulgaria, now subject to restrictions in accordance with Directive 2005/94/EC, should be listed in the Annex to Implementing Decision (EU) 2017/247. |
| --- | --- |

(11)

Implementing Decision (EU) 2017/247 should therefore be updated to take account of the up-to-date epidemiological situation in Bulgaria, as regards highly pathogenic avian influenza. In particular, the newly established protection and surveillance zones in Bulgaria, now subject to restrictions in accordance with Directive 2005/94/EC, should be listed in the Annex to Implementing Decision (EU) 2017/247.

| (12) | Implementing Decision (EU) 2017/247 applies until 31 December 2018. Due to the ongoing findings of highly pathogenic avian influenza virus in wild birds and in particular the current outbreak confirmed in a poultry holding in the Plovdiv region of Bulgaria, there is an increasing risk of further outbreaks in poultry and captive birds. It is therefore appropriate to prolong the period of application of Implementing Decision (EU) 2017/247 until 31 December 2019. This prolongation takes into account current developments in the epidemiological situation in the Union as regards highly pathogenic avian influenza, and the corresponding risks to animal health resulting from possible further outbreaks of that disease, as well as the experience gained in applying protective measures in recent epidemics which have proven successful in limiting lateral spread between poultry farms to a minimum except for some spread in a few Member States with certain domestic waterfowl production systems. |
| --- | --- |

(12)

Implementing Decision (EU) 2017/247 applies until 31 December 2018. Due to the ongoing findings of highly pathogenic avian influenza virus in wild birds and in particular the current outbreak confirmed in a poultry holding in the Plovdiv region of Bulgaria, there is an increasing risk of further outbreaks in poultry and captive birds. It is therefore appropriate to prolong the period of application of Implementing Decision (EU) 2017/247 until 31 December 2019. This prolongation takes into account current developments in the epidemiological situation in the Union as regards highly pathogenic avian influenza, and the corresponding risks to animal health resulting from possible further outbreaks of that disease, as well as the experience gained in applying protective measures in recent epidemics which have proven successful in limiting lateral spread between poultry farms to a minimum except for some spread in a few Member States with certain domestic waterfowl production systems.

| (13) | The Annex to Implementing Decision (EU) 2017/247 should be amended to update regionalization at Union level in order to include the protection and surveillance zones established in Bulgaria, in accordance with Directive 2005/94/EC, following the new outbreak of highly pathogenic avian influenza in that Member State, and the duration of the restrictions applicable therein. |
| --- | --- |

(13)

The Annex to Implementing Decision (EU) 2017/247 should be amended to update regionalization at Union level in order to include the protection and surveillance zones established in Bulgaria, in accordance with Directive 2005/94/EC, following the new outbreak of highly pathogenic avian influenza in that Member State, and the duration of the restrictions applicable therein.

| (14) | Implementing Decision (EU) 2017/247 should therefore be amended accordingly. |
| --- | --- |

(14)

Implementing Decision (EU) 2017/247 should therefore be amended accordingly.

| (15) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(15)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Article 1

Implementing Decision (EU) 2017/247 is amended as follows:

| (1) | in Article 5 the date ‘31 December 2018’ is replaced by the date ‘31 December 2019’; |
| --- | --- |

(1)

in Article 5 the date ‘31 December 2018’ is replaced by the date ‘31 December 2019’;

| (2) | the Annex to Implementing Decision (EU) 2017/247 is amended in accordance with the Annex to this Decision. |
| --- | --- |

(2)

the Annex to Implementing Decision (EU) 2017/247 is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 27 September 2018.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

---

(1)  
  OJ L 395, 30.12.1989, p. 13.

1

(2)  
  OJ L 224, 18.8.1990, p. 29.

2

(3)  Commission Implementing Decision (EU) 2017/247 of 9 February 2017 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 36, 11.2.2017, p. 62).

3

(4)  Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).

4

(5)  Commission Implementing Decision (EU) 2017/696 of 11 April 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 101, 13.4.2017, p. 80).

5

(6)  Commission Implementing Decision (EU) 2017/1841 of 10 October 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 261, 11.10.2017, p. 26).

6

(7)  Commission Implementing Decision (EU) 2018/1044 of 23 July 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 188, 25.7.2018, p. 12).

7

---

ANNEX

The Annex to Implementing Decision (EU) 2017/247 is amended as follows:

| (1) | In Part A, the entry for Bulgaria is replaced by the following:

  ‘
  Member State: Bulgaria







  Area comprising: | Date until applicable in accordance with Article 29(1) of Directive 2005/94/EC |
| --- | --- | --- |
| Plovdiv region: |
| Municipality of Maritsa






  — | Trilistnik |

(1)

In Part A, the entry for Bulgaria is replaced by the following:

‘
  Member State: Bulgaria

Area comprising:

Date until applicable in accordance with Article 29(1) of Directive 2005/94/EC

Plovdiv region:

Municipality of Maritsa

—

Trilistnik

12.10.2018’

Municipality of Rakovski

| — | Land of Stryama — State hunting farm “Chekeritsa” |
| --- | --- |

—

Land of Stryama — State hunting farm “Chekeritsa”

| (2) | In Part B, the entry for Bulgaria is replaced by the following:

  ‘
  Member State: Bulgaria







  Area comprising: | Date until applicable in accordance with Article 31 of Directive 2005/94/EC |
| --- | --- | --- |
| Plovdiv Region: |
| Municipality of Maritsa






  — | Trilistnik |

(2)

In Part B, the entry for Bulgaria is replaced by the following:

‘
  Member State: Bulgaria

Area comprising:

Date until applicable in accordance with Article 31 of Directive 2005/94/EC

Plovdiv Region:

Municipality of Maritsa

—

Trilistnik

| — | Land of Stryama — State hunting farm “Chekeritsa” |
| --- | --- |

—

Land of Stryama — State hunting farm “Chekeritsa”

From 12.10.2018 to 21.10.2018

Municipality of Maritsa:

| — | Rogosh |
| --- | --- |

—

Rogosh

| — | Skutare |
| --- | --- |

—

Skutare

| — | Manole |
| --- | --- |

—

Manole

| — | Manolsko Konare |
| --- | --- |

—

Manolsko Konare

| — | Yasno pole |
| --- | --- |

—

Yasno pole

| — | Dink |
| --- | --- |

—

Dink

| — | Krislovo |
| --- | --- |

—

Krislovo

| — | Kalekovets |
| --- | --- |

—

Kalekovets

| — | Zhelyazno |
| --- | --- |

—

Zhelyazno

| — | Voivodino |
| --- | --- |

—

Voivodino

| — | Sadovo |
| --- | --- |

—

Sadovo

21.10.2018’

Municipality of Rakovski

| — | Rakovski |
| --- | --- |

—

Rakovski

| — | Shishmatsi |
| --- | --- |

—

Shishmatsi

| — | Stryama |
| --- | --- |

—

Stryama

---