# Commission Implementing Decision of 14 February 2014 amending Annex II to Decision 97/794/EC laying down certain detailed            rules for the application of Council Directive 91/496/EEC as regards veterinary checks on live animals to be imported from            third countries (notified under document C(2014) 750) (Text with EEA relevance) (2014/92/EU)         

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U.K.

# Commission Implementing Decision

# of 14 February 2014

# amending Annex II to Decision 97/794/EC laying down certain detailed rules for the application of Council Directive 91/496/EEC                        as regards veterinary checks on live animals to be imported from third countries                     

# (notified under document C(2014) 750)

# (Text with EEA relevance)

# (2014/92/EU)

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 organisation 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 4(5), the second paragraph of Article 5, and Articles 7(2) and 8(B) thereof,                        

Whereas:

(1)Commission Decision 97/794/EC(2) lays down certain detailed rules for the application of Directive 91/496/EEC as regards veterinary checks on live animals                              to be imported from third countries.

(2)Article 4 of that Decision requires that, during the physical checks provided for in Article 4(2) of Directive 91/496/EEC,                              live biungulate animals and equidae are to be unloaded at the border inspection post in the presence of the official veterinarian                              and subjected to an inspection regarding their fitness to travel and to a clinical examination, which may include the collection                              of samples. Those examinations and the collection of samples are to be carried out in accordance with Annex II to Decision                              97/794/EC.

(3)Annex II to Decision 97/794/EC requires that at least 3 % of the consignments of biungulate animals and equidae are subjected                              on a monthly basis to serological sampling with a view to checking compliance with the health requirements laid down in the                              accompanying veterinary certificate.

(4)Article 2(c) of Council Directive 2009/156/EC(3) provides a definition for registered equidae, of which registered horses represent a taxonomic subset in accordance with                              Article 19 of that Directive. Therefore it may be decided that importation from a third country or part of a third country                              is to be confined to particular species or categories of equidae or the special conditions for the temporary entry into Union                              territory of registered equidae or equidae intended for special uses or their re-entry into Union territory after being temporarily                              exported, shall be established.

(5)By adopting Commission Decisions 92/260/EEC(4) and 93/195/EEC(5) on animal health conditions and veterinary certification for temporary admission of registered horses and for the re-entry                              of registered horses for racing, competition and cultural events after temporary export, and by limiting, in accordance with                              Commission Decision 2004/211/EC(6), imports into the Union of equidae from certain third countries to registered horses only as specified in Annex I to Commission                              Decision 93/197/EEC(7), the Commission not only defined registered horses as a taxonomic subset of registered equidae defined in Article 2(c) of                              Directive 2009/156/EC, but also took into account the limited risks arising from the introduction of these animals into the                              Union.

(6)In the light of the experience gained, it appears that, in case of registered horses, that 3 % rate of blood sampling is not                              justified by the expected benefits to the monitoring of compliance with the health requirements laid down in the accompanying                              veterinary certificates. Therefore, in the case of registered horses, the fixed rate of sampling for serological testing should                              be replaced by a risk-based collection of any appropriate sample, where considered necessary by the official veterinarian                              in the border inspection post.

(7)Annex II to Decision 97/794/EC should therefore be amended accordingly.

(8)The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain                              and Animal Health,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

Annex II to Decision 97/794/EC is amended in accordance with the Annex to this Decision.

# Article 2U.K.

This Decision is addressed to the Member States.

Done at Brussels, 14 February 2014.

*For the Commission*                            

Tonio Borg                            

*Member of the Commission*                            

## ANNEXU.K.

Part III of Annex II to Decision 97/794/EC is replaced by the following:

### ‘III.*Sampling procedure*

Sampling with a view to checking compliance with the health requirements laid down in the accompanying veterinary certificate                        shall be undertaken as follows:                  

At least 3 % of the consignments shall be subject to sampling for serological testing on a monthly basis, with the exception                                 of registered horses as included in the definition provided for in Article 2(c) of Council Directive 2009/156/EC(8) and accompanied by an individual health certificate attesting compliance with the animal health requirements set out in the                                 Decisions adopted pursuant to Articles 15(a) and 19(a) and (b) of that Directive.                           

At least 10 % of the animals of each of the consignments selected for sampling, as referred to in the first subparagraph shall                                 be sampled, with a minimum of four animals. If problems are found, that percentage must be increased.                           

Following a risk assessment by the official veterinarian, any necessary samples may be taken from any animal in a consignment                                 presented to the border inspection post.’                           

1

OJ L 268, 24.9.1991, p. 56.                           

2

Commission Decision 97/794/EC of 12 November 1997 laying down certain detailed rules for the application of Council Directive                              91/496/EEC as regards veterinary checks on live animals to be imported from third countries (OJ L 323, 26.11.1997, p. 31).                           

3

Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from                              third countries of equidae (OJ L 192, 23.7.2010, p. 1.)                           

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).                           

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).                           

6

Commission Decision 2004/211/EC of 6 January 2004 establishing the list of third countries and parts of territory thereof                              from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending                              Decisions 93/195/EEC and 94/63/EC (OJ L 73, 11.3.2004, p. 1).                           

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).                           

8

Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from                              third countries of equidae (OJ L 192, 23.7.2010, p. 1).’