# Official Journal L 228/2010

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2010.228.eng |
| --- | --- |
| Official Journal
  of the European Union | L 228 |
| | |
| English edition | Legislation | Volume 5331 August 2010 |

ISSN 1725-2555

doi:10.3000/17252555.L_2010.228.eng

Official Journal

of the European Union

L 228

English edition

Legislation

Volume 5331 August 2010

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) No 768/2010 of 26 August 2010 laying down the weightings applicable from 1 July 2009 to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries | 1 |
| | | Commission Regulation (EU) No 769/2010 of 30 August 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables | 8 |
| | | DIRECTIVES |
| | * | Commission Directive 2010/60/EU of 30 August 2010 providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment (
  1
  ) | 10 |
| | | DECISIONS |
| | | 2010/470/EU |
| | * | Commission Decision of 26 August 2010 laying down model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species
  (notified under document C(2010) 5779)

   (
  1
  ) | 15 |
| | | 2010/471/EU |
| | * | Commission Decision 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
  (notified under document C(2010) 5781)

   (
  1
  ) | 52 |
| | | 2010/472/EU |
| | * | Commission Decision of 26 August 2010 on imports of semen, ova and embryos of animals of the ovine and caprine species into the Union
  (notified under document C(2010) 5780)

   (
  1
  ) | 74 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Regulation (EU) No 768/2010 of 26 August 2010 laying down the weightings applicable from 1 July 2009 to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries

1

Commission Regulation (EU) No 769/2010 of 30 August 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables

8

DIRECTIVES

*

Commission Directive 2010/60/EU of 30 August 2010 providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment (
  1
  )

1

10

DECISIONS

2010/470/EU

*

Commission Decision of 26 August 2010 laying down model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species
  (notified under document C(2010) 5779)

   (
  1
  )

(notified under document C(2010) 5779)

1

15

2010/471/EU

*

Commission Decision 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
  (notified under document C(2010) 5781)

   (
  1
  )

(notified under document C(2010) 5781)

1

52

2010/472/EU

*

Commission Decision of 26 August 2010 on imports of semen, ova and embryos of animals of the ovine and caprine species into the Union
  (notified under document C(2010) 5780)

   (
  1
  )

(notified under document C(2010) 5780)

1

74

| | |
| --- | --- |
| | (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

| 31.8.2010 | EN | Official Journal of the European Union | L 228/1 |
| --- | --- | --- | --- |

31.8.2010

EN

Official Journal of the European Union

L 228/1

---

COUNCIL REGULATION (EU) No 768/2010

of 26 August 2010

laying down the weightings applicable from 1 July 2009 to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 336 thereof,

Having regard to the Staff Regulations of Officials of the European Communities and the Conditions of employment of other servants of the Communities laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular the first paragraph of Article 13 of Annex X thereto,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | It is necessary to take account of changes in the cost of living in countries outside the Union and to determine accordingly the weightings applicable from 1 July 2009 to remuneration paid in the currency of the country of employment to officials, temporary staff and contract staff serving in third countries. |
| --- | --- |

(1)

It is necessary to take account of changes in the cost of living in countries outside the Union and to determine accordingly the weightings applicable from 1 July 2009 to remuneration paid in the currency of the country of employment to officials, temporary staff and contract staff serving in third countries.

| (2) | The weightings in respect of which payment has been made on the basis of Council Regulation (EC) No 613/2009 (2) may lead to retrospective upward or downward adjustments to remuneration. |
| --- | --- |

(2)

The weightings in respect of which payment has been made on the basis of Council Regulation (EC) No 613/2009 (2) may lead to retrospective upward or downward adjustments to remuneration.

| (3) | Provision should be made for back-payments in the event of an increase in remuneration as a result of the new weightings. |
| --- | --- |

(3)

Provision should be made for back-payments in the event of an increase in remuneration as a result of the new weightings.

| (4) | Provision should be made for the recovery of sums overpaid in the event of a reduction in remuneration as a result of the new weightings for the period from 1 July 2009 to the date of entry into force of this Regulation. |
| --- | --- |

(4)

Provision should be made for the recovery of sums overpaid in the event of a reduction in remuneration as a result of the new weightings for the period from 1 July 2009 to the date of entry into force of this Regulation.

| (5) | Provision should be made for any such recovery to be restricted to a period of no more than 6 months preceding the date of entry into force of this Regulation and for its effects to be spread over a period of no more than 12 months following that date, as is the case with the weightings applicable within the European Union to remuneration and pensions of officials and other servants of the European Union, |
| --- | --- |

(5)

Provision should be made for any such recovery to be restricted to a period of no more than 6 months preceding the date of entry into force of this Regulation and for its effects to be spread over a period of no more than 12 months following that date, as is the case with the weightings applicable within the European Union to remuneration and pensions of officials and other servants of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

With effect from 1 July 2009, the weightings applicable to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries payable in the currency of the country of employment shall be as shown in the Annex.

The exchange rates for the calculation of such remuneration shall be established in accordance with the rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) and shall correspond to 1 July 2009.

Article 2

1.   The institutions shall make back-payments in the event of an increase in remuneration as a result of the weightings shown in the Annex.

2.   The institutions shall make retrospective downward adjustments to remuneration in the event of a reduction as a result of the weightings shown in the Annex for the period from 1 July 2009 to 31 August 2010.

Retrospective adjustments involving the recovery of sums overpaid shall be restricted to a period of no more than 6 months preceding 31 August 2010. Recovery shall be spread over a period of no more than 12 months from that date.

Article 3

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 August 2010.

For the Council

The President

S. VANACKERE

---

(1)  OJ L 56, 4.3.1968, p. 1.

1

(2)  OJ L 181, 14.7.2009, p. 1.

2

(3)  OJ L 248, 16.9.2002, p. 1.

3

---

ANNEX

| PLACE OF EMPLOYMENT | Weighting
  July 2009 |
| --- | --- |
| Afghanistan (1) | 0 |
| Albania | 73,9 |
| Algeria | 76,5 |
| Angola | 115,8 |
| Argentina | 57,1 |
| Armenia | 68,7 |
| Australia | 102,3 |
| Azerbaijan | 93,7 |
| Bangladesh | 50,8 |
| Barbados | 111 |
| Belarus | 61,5 |
| Belize | 65,9 |
| Benin | 93,1 |
| Bolivia | 58,4 |
| Bosnia and Herzegovina (Banja Luka) | 62,5 |
| Bosnia and Herzegovina (Sarajevo) | 73,2 |
| Botswana | 53,2 |
| Brazil | 87,4 |
| Burkina Faso | 95,8 |
| Burundi (1) | 0 |
| Cambodia | 71,5 |
| Cameroon | 95,6 |
| Canada | 74,6 |
| Cape Verde | 73,1 |
| Central African Republic | 106,7 |
| Chad | 122,8 |
| Chile | 61,9 |
| China | 85,6 |
| Colombia | 76 |
| Congo (Brazzaville) | 118,2 |
| Costa Rica | 75,1 |
| Côte d'Ivoire | 99,5 |
| Croatia | 92,3 |
| Cuba | 83,2 |
| Democratic Republic of the Congo (Kinshasa) | 125,3 |
| Djibouti | 97,1 |
| Dominican Republic | 64,4 |
| Ecuador | 70,3 |
| Egypt | 39,2 |
| El Salvador | 70,2 |
| Eritrea | 50,1 |
| Ethiopia | 83,8 |
| Fiji | 61,9 |
| Former Yugoslav Republic of Macedonia | 68,1 |
| Gabon | 104,4 |
| Gambia | 60,7 |
| Georgia | 86,5 |
| Ghana | 53,1 |
| Guatemala | 75,5 |
| Guinea (Conakry) | 63,5 |
| Guinea-Bissau | 107,7 |
| Guyana | 59,3 |
| Haiti | 107,4 |
| Honduras | 70,2 |
| Hong Kong | 95 |
| India | 54,5 |
| Indonesia (Banda Aceh) | 51,2 |
| Indonesia (Jakarta) | 74,3 |
| Iraq (1) | 0 |
| Israel (Tel Aviv) | 102,5 |
| Jamaica | 84,8 |
| Japan (Tokyo) | 126,3 |
| Jordan | 81,5 |
| Kazakhstan (Almaty) | 76,3 |
| Kazakhstan (Astana) | 68,1 |
| Kenya | 75,1 |
| Kosovo (Pristina) | 54,6 |
| Kyrgyzstan | 85,9 |
| Laos | 85,7 |
| Lebanon | 81,9 |
| Lesotho | 57,3 |
| Liberia | 90,8 |
| Madagascar | 83,9 |
| Malawi | 76 |
| Malaysia | 70,1 |
| Mali | 84,9 |
| Mauritania | 61,1 |
| Mauritius | 69,7 |
| Mexico | 65,1 |
| Moldova | 64,3 |
| Montenegro | 68,1 |
| Morocco | 76,1 |
| Mozambique | 73,4 |
| Namibia | 71,2 |
| Nepal | 77,7 |
| New Caledonia | 125,9 |
| New Zealand | 86,4 |
| Nicaragua | 55,5 |
| Niger | 85,9 |
| Nigeria | 87,5 |
| Norway | 125,2 |
| Pakistan | 43,9 |
| Panama | 57,6 |
| Papua New Guinea | 94,2 |
| Paraguay | 66,5 |
| Peru | 75,1 |
| Philippines | 62,7 |
| Russia | 97,1 |
| Rwanda | 84,6 |
| Samoa | 70,5 |
| Saudi Arabia | 85,2 |
| Senegal | 90,3 |
| Serbia (Belgrade) | 66,5 |
| Sierra Leone | 75,1 |
| Singapore | 97,3 |
| Solomon Islands | 90,3 |
| South Africa | 57,5 |
| Southern Sudan (Juba) | 91,6 |
| South Korea | 82,8 |
| Sri Lanka | 62,9 |
| Sudan (Khartoum) | 52,5 |
| Suriname | 45,9 |
| Swaziland | 58,2 |
| Switzerland (Geneva) | 109,5 |
| Switzerland (Berne) | 109 |
| Syria | 77,1 |
| Taiwan | 76,6 |
| Tajikistan | 56,9 |
| Tanzania | 67,6 |
| Thailand | 55,6 |
| Timor Leste | 67,8 |
| Togo | 87,9 |
| Trinidad and Tobago | 74,6 |
| Tunisia | 68,7 |
| Turkey | 76,6 |
| Uganda | 63,4 |
| Ukraine | 75,1 |
| United States (New York) | 92 |
| United States (Washington) | 87,4 |
| Uruguay | 71,3 |
| Uzbekistan | 50,9 |
| Vanuatu | 102,2 |
| Venezuela | 92,4 |
| Vietnam | 47,4 |
| West Bank — Gaza Strip | 100,7 |
| Yemen | 66,6 |
| Zambia | 49,2 |
| Zimbabwe (1) | 0 |

PLACE OF EMPLOYMENT

Weighting

July 2009

Afghanistan (1)

0

Albania

73,9

Algeria

76,5

Angola

115,8

Argentina

57,1

Armenia

68,7

Australia

102,3

Azerbaijan

93,7

Bangladesh

50,8

Barbados

111

Belarus

61,5

Belize

65,9

Benin

93,1

Bolivia

58,4

Bosnia and Herzegovina (Banja Luka)

62,5

Bosnia and Herzegovina (Sarajevo)

73,2

Botswana

53,2

Brazil

87,4

Burkina Faso

95,8

Burundi (1)

0

Cambodia

71,5

Cameroon

95,6

Canada

74,6

Cape Verde

73,1

Central African Republic

106,7

Chad

122,8

Chile

61,9

China

85,6

Colombia

76

Congo (Brazzaville)

118,2

Costa Rica

75,1

Côte d'Ivoire

99,5

Croatia

92,3

Cuba

83,2

Democratic Republic of the Congo (Kinshasa)

125,3

Djibouti

97,1

Dominican Republic

64,4

Ecuador

70,3

Egypt

39,2

El Salvador

70,2

Eritrea

50,1

Ethiopia

83,8

Fiji

61,9

Former Yugoslav Republic of Macedonia

68,1

Gabon

104,4

Gambia

60,7

Georgia

86,5

Ghana

53,1

Guatemala

75,5

Guinea (Conakry)

63,5

Guinea-Bissau

107,7

Guyana

59,3

Haiti

107,4

Honduras

70,2

Hong Kong

95

India

54,5

Indonesia (Banda Aceh)

51,2

Indonesia (Jakarta)

74,3

Iraq (1)

0

Israel (Tel Aviv)

102,5

Jamaica

84,8

Japan (Tokyo)

126,3

Jordan

81,5

Kazakhstan (Almaty)

76,3

Kazakhstan (Astana)

68,1

Kenya

75,1

Kosovo (Pristina)

54,6

Kyrgyzstan

85,9

Laos

85,7

Lebanon

81,9

Lesotho

57,3

Liberia

90,8

Madagascar

83,9

Malawi

76

Malaysia

70,1

Mali

84,9

Mauritania

61,1

Mauritius

69,7

Mexico

65,1

Moldova

64,3

Montenegro

68,1

Morocco

76,1

Mozambique

73,4

Namibia

71,2

Nepal

77,7

New Caledonia

125,9

New Zealand

86,4

Nicaragua

55,5

Niger

85,9

Nigeria

87,5

Norway

125,2

Pakistan

43,9

Panama

57,6

Papua New Guinea

94,2

Paraguay

66,5

Peru

75,1

Philippines

62,7

Russia

97,1

Rwanda

84,6

Samoa

70,5

Saudi Arabia

85,2

Senegal

90,3

Serbia (Belgrade)

66,5

Sierra Leone

75,1

Singapore

97,3

Solomon Islands

90,3

South Africa

57,5

Southern Sudan (Juba)

91,6

South Korea

82,8

Sri Lanka

62,9

Sudan (Khartoum)

52,5

Suriname

45,9

Swaziland

58,2

Switzerland (Geneva)

109,5

Switzerland (Berne)

109

Syria

77,1

Taiwan

76,6

Tajikistan

56,9

Tanzania

67,6

Thailand

55,6

Timor Leste

67,8

Togo

87,9

Trinidad and Tobago

74,6

Tunisia

68,7

Turkey

76,6

Uganda

63,4

Ukraine

75,1

United States (New York)

92

United States (Washington)

87,4

Uruguay

71,3

Uzbekistan

50,9

Vanuatu

102,2

Venezuela

92,4

Vietnam

47,4

West Bank — Gaza Strip

100,7

Yemen

66,6

Zambia

49,2

Zimbabwe (1)

0

---

(1)  Not available.

---

| 31.8.2010 | EN | Official Journal of the European Union | L 228/8 |
| --- | --- | --- | --- |

31.8.2010

EN

Official Journal of the European Union

L 228/8

---

COMMISSION REGULATION (EU) No 769/2010

of 30 August 2010

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 31 August 2010.

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

Done at Brussels, 30 August 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MK | 38,5 |
| TR | 103,0 |
| ZZ | 70,8 |
| 0707 00 05 | TR | 141,2 |
| ZZ | 141,2 |
| 0709 90 70 | TR | 125,9 |
| ZZ | 125,9 |
| 0805 50 10 | AR | 86,0 |
| CL | 145,6 |
| TR | 149,6 |
| UY | 141,2 |
| ZA | 158,5 |
| ZZ | 136,2 |
| 0806 10 10 | BA | 91,2 |
| EG | 132,3 |
| IL | 126,0 |
| TR | 115,3 |
| ZA | 149,9 |
| ZZ | 122,9 |
| 0808 10 80 | AR | 106,6 |
| BR | 70,5 |
| CL | 93,5 |
| CN | 65,6 |
| NZ | 99,6 |
| US | 127,5 |
| UY | 95,9 |
| ZA | 89,2 |
| ZZ | 93,6 |
| 0808 20 50 | AR | 115,4 |
| CL | 150,5 |
| CN | 76,3 |
| TR | 133,1 |
| ZA | 110,7 |
| ZZ | 117,2 |
| 0809 30 | TR | 143,4 |
| ZZ | 143,4 |
| 0809 40 05 | BA | 53,9 |
| IL | 161,0 |
| XS | 52,3 |
| ZZ | 89,1 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

38,5

TR

103,0

ZZ

70,8

0707 00 05

TR

141,2

ZZ

141,2

0709 90 70

TR

125,9

ZZ

125,9

0805 50 10

AR

86,0

CL

145,6

TR

149,6

UY

141,2

ZA

158,5

ZZ

136,2

0806 10 10

BA

91,2

EG

132,3

IL

126,0

TR

115,3

ZA

149,9

ZZ

122,9

0808 10 80

AR

106,6

BR

70,5

CL

93,5

CN

65,6

NZ

99,6

US

127,5

UY

95,9

ZA

89,2

ZZ

93,6

0808 20 50

AR

115,4

CL

150,5

CN

76,3

TR

133,1

ZA

110,7

ZZ

117,2

0809 30

TR

143,4

ZZ

143,4

0809 40 05

BA

53,9

IL

161,0

XS

52,3

ZZ

89,1

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.

---

DIRECTIVES

| 31.8.2010 | EN | Official Journal of the European Union | L 228/10 |
| --- | --- | --- | --- |

31.8.2010

EN

Official Journal of the European Union

L 228/10

---

COMMISSION DIRECTIVE 2010/60/EU

of 30 August 2010

providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), and in particular the fourth subparagraph of Article 13(1) thereof,

Whereas:

| (1) | The questions of biodiversity and the conservation of plant genetic resources have grown in importance in recent years, as shown by different developments at international and EU level. Examples include Council Decision 93/626/EEC of 25 October 1993 concerning the conclusion of the Convention on Biological Diversity (2), Council Decision 2004/869/EC of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture (3), Council Regulation (EC) No 870/2004 of 26 April 2004 establishing a Community programme on the conservation, characterisation, collection and utilisation of genetic resources in agriculture and repealing Regulation (EC) No 1467/94 (4) and Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (5). Specific conditions should be established under the EU legislation governing the marketing of fodder plant seed mixtures, namely Directive 66/401/EEC, in order to take account of these issues. |
| --- | --- |

(1)

The questions of biodiversity and the conservation of plant genetic resources have grown in importance in recent years, as shown by different developments at international and EU level. Examples include Council Decision 93/626/EEC of 25 October 1993 concerning the conclusion of the Convention on Biological Diversity (2), Council Decision 2004/869/EC of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture (3), Council Regulation (EC) No 870/2004 of 26 April 2004 establishing a Community programme on the conservation, characterisation, collection and utilisation of genetic resources in agriculture and repealing Regulation (EC) No 1467/94 (4) and Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (5). Specific conditions should be established under the EU legislation governing the marketing of fodder plant seed mixtures, namely Directive 66/401/EEC, in order to take account of these issues.

| (2) | To allow the marketing of fodder plant seed mixtures which are intended for use in the preservation of the natural environment in the context of the conservation of genetic resources (hereinafter preservation mixtures), even where the components of those mixtures do not comply with some of the general requirements for marketing provided for in Directive 66/401/EEC, it is necessary to provide for certain derogations. |
| --- | --- |

(2)

To allow the marketing of fodder plant seed mixtures which are intended for use in the preservation of the natural environment in the context of the conservation of genetic resources (hereinafter preservation mixtures), even where the components of those mixtures do not comply with some of the general requirements for marketing provided for in Directive 66/401/EEC, it is necessary to provide for certain derogations.

| (3) | To ensure that mixtures marketed as preservation mixtures fulfil the requirements of those derogations, it is necessary to provide that marketing of such mixtures is subject to authorisation. Authorisation should be granted on application. |
| --- | --- |

(3)

To ensure that mixtures marketed as preservation mixtures fulfil the requirements of those derogations, it is necessary to provide that marketing of such mixtures is subject to authorisation. Authorisation should be granted on application.

| (4) | As regards preservation mixtures containing conservation varieties within the meaning of Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties (6), this Directive should, however, be without prejudice to Directive 2008/62/EC. |
| --- | --- |

(4)

As regards preservation mixtures containing conservation varieties within the meaning of Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties (6), this Directive should, however, be without prejudice to Directive 2008/62/EC.

| (5) | Special areas of conservation designated by the Member States in accordance with Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (7) host natural and semi-natural habitats worthy of conservation. Such areas should be considered as source areas for preservation mixtures. Member States should also have the possibility to designate other areas contributing to the conservation of plant genetic resources if they comply with comparable rules. |
| --- | --- |

(5)

Special areas of conservation designated by the Member States in accordance with Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (7) host natural and semi-natural habitats worthy of conservation. Such areas should be considered as source areas for preservation mixtures. Member States should also have the possibility to designate other areas contributing to the conservation of plant genetic resources if they comply with comparable rules.

| (6) | It should be provided that the components of the preservation mixture are indicated as species and, where relevant, subspecies in the authorisation and on the label. The specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive should also be provided. As regards these requirements, for directly harvested preservation mixtures it is necessary to take into account the harvesting method. |
| --- | --- |

(6)

It should be provided that the components of the preservation mixture are indicated as species and, where relevant, subspecies in the authorisation and on the label. The specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive should also be provided. As regards these requirements, for directly harvested preservation mixtures it is necessary to take into account the harvesting method.

| (7) | It is necessary to provide for derogations concerning the examination of the preservation mixture by the Member States before it is authorised for marketing. The manner in which these mixtures are examined should in certain cases also allow for the differences between the harvesting methods of crop-grown and of directly harvested preservation mixtures. |
| --- | --- |

(7)

It is necessary to provide for derogations concerning the examination of the preservation mixture by the Member States before it is authorised for marketing. The manner in which these mixtures are examined should in certain cases also allow for the differences between the harvesting methods of crop-grown and of directly harvested preservation mixtures.

| (8) | To ensure that the marketing of preservation mixtures takes place in the context of the conservation of genetic resources, restrictions should be provided for, in particular, regarding the region of origin and the source area. |
| --- | --- |

(8)

To ensure that the marketing of preservation mixtures takes place in the context of the conservation of genetic resources, restrictions should be provided for, in particular, regarding the region of origin and the source area.

| (9) | A maximum quantity should be fixed for the marketing of preservation mixtures. To make sure that this maximum quantity is respected, Member States should require producers to notify the quantities of preservation mixtures for which they intend to apply for authorisation, and Member States should allocate the quantities to producers if necessary. |
| --- | --- |

(9)

A maximum quantity should be fixed for the marketing of preservation mixtures. To make sure that this maximum quantity is respected, Member States should require producers to notify the quantities of preservation mixtures for which they intend to apply for authorisation, and Member States should allocate the quantities to producers if necessary.

| (10) | The traceability of preservation mixtures should be ensured through appropriate sealing and labelling requirements. |
| --- | --- |

(10)

The traceability of preservation mixtures should be ensured through appropriate sealing and labelling requirements.

| (11) | To ensure that the rules laid down in this Directive are correctly applied, official monitoring should be carried out. |
| --- | --- |

(11)

To ensure that the rules laid down in this Directive are correctly applied, official monitoring should be carried out.

| (12) | After an appropriate period the Commission should assess whether the measures provided for in this Directive are effective. |
| --- | --- |

(12)

After an appropriate period the Commission should assess whether the measures provided for in this Directive are effective.

| (13) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, |
| --- | --- |

(13)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Definitions

For the purposes of this Directive the following definitions apply:

| (a) | ‘source area’ means:






  (i) | an area designated by a Member State as a special area of conservation in accordance with Article 4(4) of Directive 92/43/EEC; or |
| --- | --- | --- |

(a)

‘source area’ means:

(i)

an area designated by a Member State as a special area of conservation in accordance with Article 4(4) of Directive 92/43/EEC; or

| (ii) | an area contributing to the conservation of plant genetic resources and which is designated by a Member State in accordance with a national procedure based on criteria comparable to those provided for in Article 4(4) of Directive 92/43/EEC in conjunction with Article 1(k) and (l) of that Directive, and which is managed, protected and under surveillance in a manner equivalent to Article 6 and Article 11 of that Directive; |
| --- | --- |

(ii)

an area contributing to the conservation of plant genetic resources and which is designated by a Member State in accordance with a national procedure based on criteria comparable to those provided for in Article 4(4) of Directive 92/43/EEC in conjunction with Article 1(k) and (l) of that Directive, and which is managed, protected and under surveillance in a manner equivalent to Article 6 and Article 11 of that Directive;

| (b) | ‘collection site’ means a part of the source area, where the seed has been collected; |
| --- | --- |

(b)

‘collection site’ means a part of the source area, where the seed has been collected;

| (c) | ‘directly harvested mixture’ means a seed mixture marketed as collected at the collection site, with or without cleaning; |
| --- | --- |

(c)

‘directly harvested mixture’ means a seed mixture marketed as collected at the collection site, with or without cleaning;

| (d) | ‘crop-grown mixture’ means a seed mixture produced in accordance with the following process:






  (i) | seed of individual species is taken at the collection site; |
| --- | --- | --- |

(d)

‘crop-grown mixture’ means a seed mixture produced in accordance with the following process:

(i)

seed of individual species is taken at the collection site;

| (ii) | the seed referred to in point (i) is multiplied outside the collection site as single species; |
| --- | --- |

(ii)

the seed referred to in point (i) is multiplied outside the collection site as single species;

| (iii) | the seeds of those species are then mixed to create a mixture which is composed of those genera, species and, where relevant, subspecies which are typical for the habitat type of the collection site. |
| --- | --- |

(iii)

the seeds of those species are then mixed to create a mixture which is composed of those genera, species and, where relevant, subspecies which are typical for the habitat type of the collection site.

Article 2

Preservation mixtures

1.   By way of derogation from Article 3(1) and (2) of Directive 66/401/EEC, Member States may authorise marketing of mixtures of various genera, species and, where relevant, subspecies, intended for use in the preservation of the natural environment in the context of the conservation of genetic resources referred to in Article 22a(1)(b) of that Directive.

Such mixtures may contain seed of fodder plants covered by Directive 66/401/EEC and, in addition, seed of plants which are not fodder plants within the meaning of that Directive.

Such mixtures are hereinafter referred to as ‘preservation mixtures’.

2.   Where a preservation mixture contains a conservation variety, Directive 2008/62/EC shall apply.

3.   Unless otherwise provided in this Directive, Directive 66/401/EEC shall apply.

Article 3

Region of origin

When a Member State authorises the marketing of a preservation mixture, it shall define the region with which that mixture is naturally associated, hereinafter referred to as ‘region of origin’. It shall take into account information from plant genetic resource authorities or organisations recognised for this purpose by the Member States. Where the region of origin is located in more than one Member State, it shall be identified by all Member States concerned by common accord.

Article 4

Authorisation

1.   Member States may authorise preservation mixtures for marketing in their region of origin provided those mixtures fulfil the requirements in Article 5 in the case of directly harvested preservation mixtures or the requirements in Article 6 in the case of crop-grown preservation mixtures.

2.   The authorisation shall include the following:

| (a) | name and address of the producer; |
| --- | --- |

(a)

name and address of the producer;

| (b) | harvesting method: whether directly harvested or crop-grown; |
| --- | --- |

(b)

harvesting method: whether directly harvested or crop-grown;

| (c) | percentage by weight of the components as species and, where relevant, subspecies; |
| --- | --- |

(c)

percentage by weight of the components as species and, where relevant, subspecies;

| (d) | in the case of crop-grown preservation mixtures, a specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive; |
| --- | --- |

(d)

in the case of crop-grown preservation mixtures, a specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive;

| (e) | quantity of the mixture to which the authorisation is to apply; |
| --- | --- |

(e)

quantity of the mixture to which the authorisation is to apply;

| (f) | region of origin; |
| --- | --- |

(f)

region of origin;

| (g) | restriction to marketing in the region of origin; |
| --- | --- |

(g)

restriction to marketing in the region of origin;

| (h) | source area; |
| --- | --- |

(h)

source area;

| (i) | collection site, and in the case of a crop-grown preservation mixture, in addition, the multiplication site; |
| --- | --- |

(i)

collection site, and in the case of a crop-grown preservation mixture, in addition, the multiplication site;

| (j) | habitat type of the collection site; and |
| --- | --- |

(j)

habitat type of the collection site; and

| (k) | year of collection. |
| --- | --- |

(k)

year of collection.

3.   As regards paragraph 2(c), for directly harvested preservation mixtures it shall suffice to give those components as species and, where relevant, subspecies which are typical for the habitat type of the collection site and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources.

Article 5

Authorisation requirements for directly harvested preservation mixtures

1.   A directly harvested preservation mixture shall have been collected in its source area at a collection site which has not been sown in the 40 years previous to the date of the application by the producer, referred to in Article 7(1). The source area shall be located in the region of origin.

2.   The percentage of the components of the directly harvested preservation mixture that are species and, where relevant, subspecies which are typical for the habitat type of the collection site and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of conservation of genetic resources, shall be adequate for the purpose of recreating the habitat type of the collection site.

3.   The germination rate of the components referred to in paragraph 2 shall be sufficient for the purpose of recreating the habitat type of the collection site.

4.   The maximum content of species and, where relevant, subspecies which do not comply with paragraph 2 shall not exceed 1 % by weight. The directly harvested preservation mixture shall not contain Avena fatua, Avena sterilis and Cuscuta spp. The maximum content of Rumex spp. other than Rumex acetosella and Rumex maritimus shall not exceed 0,05 % by weight.

Article 6

Authorisation requirements for crop-grown preservation mixtures

1.   As regards crop-grown preservation mixtures, the collected seed from which the crop-grown seed mixture is produced shall have been collected in its source area at a collection site which has not been sown in the 40 years previous to the date of the application by the producer, referred to in Article 7(1). The source area shall be located in the region of origin.

2.   The seed of the crop-grown preservation mixture shall be of species and, where relevant, subspecies which are typical for the habitat type of the collection site and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of conservation of genetic resources.

3.   Components of a crop-grown preservation mixture which are seeds of fodder plants within the meaning of Directive 66/401/EEC shall, before mixing, comply with the requirements for commercial seed set out in Section III of Annex II to Directive 66/401/EEC as regards analytical purity, as set out in columns 4 to 11 of the table in Section I(2)A of that Annex, as regards maximum content of other plant species in a sample of the weight specified in column 4 of Annex III thereof (total per column), as set out in columns 12, 13 and 14 of the table in Section I(2)A of Annex II thereof, and as regards conditions concerning Lupin seeds, as set out in column 15 of the table in Section I(2)A of that Annex.

4.   Multiplication may take place for five generations.

Article 7

Procedural requirements

1.   Authorisation shall be granted on application by the producer.

The application shall be accompanied by the information necessary to verify compliance with Articles 4 and 5 in the case of directly harvested preservation mixtures or with Articles 4 and 6 in the case of crop-grown preservation mixtures.

2.   As regards directly harvested preservation mixtures, the Member State in which the collection site is located shall carry out visual inspections.

Those visual inspections shall be carried out on the collection site during the period of growth at intervals appropriate to ensure that the mixture complies, at least, with the authorisation requirements provided for in Article 5(2) and (4).

The Member State that carried out the visual inspections shall document the results thereof.

3.   As regards crop-grown preservation mixtures, when a Member State examines an application, it shall carry out tests or tests shall be carried out under official supervision of the Member State to check that the preservation mixture complies, at least, with the authorisation requirements provided for in Article 6(2) and (3).

Such tests shall be carried out in accordance with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.

For those tests the Member State concerned shall ensure that samples are drawn from homogenous lots. It shall ensure that the rules on lot weight and sample weight provided for in Article 7(2) of Directive 66/401/EEC are applied.

Article 8

Quantitative restriction

Each Member State shall ensure that the total quantity of seed of preservation mixtures marketed each year does not exceed 5 % of the total weight of all fodder plant seed mixtures covered by Directive 66/401/EEC and marketed in the respective year in the Member State concerned.

Article 9

Application of quantitative restrictions

1.   In the case of directly harvested preservation mixtures, Member States shall ensure that producers notify before the beginning of each production season the quantity of seed of preservation mixtures for which they intend to apply for authorisation together with size and location of the intended collection site or sites.

In the case of crop-grown preservation mixtures, Member States shall ensure that producers notify before the beginning of each production season the quantity of seed of preservation mixtures for which they intend to apply for authorisation together with both, size and location of the intended collection site or sites and size and location of the intended multiplication site or sites.

2.   If, based on the notifications referred to in paragraph 1, the quantities laid down in Article 8 are likely to be exceeded, Member States shall allocate to each producer concerned the quantity it is allowed to market in the respective production season.

Article 10

Sealing of packages and containers

1.   Member States shall ensure that preservation mixtures may be marketed only in closed packages and containers bearing a sealing device.

2.   In order to ensure sealing, the sealing system shall comprise at least the label or the affixing of a seal.

3.   The packages and containers referred to in paragraph 1 shall be sealed in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on the producer’s label, or on the package or container.

Article 11

Labelling

1.   Member States shall ensure that packages and containers of preservation mixtures bear a producer’s label or a printed or stamped notice including at least the following information:

| (a) | the words ‘EU rules and standards’; |
| --- | --- |

(a)

the words ‘EU rules and standards’;

| (b) | name and address of the person responsible for affixing the labels or his identification mark; |
| --- | --- |

(b)

name and address of the person responsible for affixing the labels or his identification mark;

| (c) | harvesting method: whether directly harvested or crop-grown; |
| --- | --- |

(c)

harvesting method: whether directly harvested or crop-grown;

| (d) | year of the sealing expressed as: ‘sealed ...’ (year); |
| --- | --- |

(d)

year of the sealing expressed as: ‘sealed ...’ (year);

| (e) | region of origin; |
| --- | --- |

(e)

region of origin;

| (f) | source area; |
| --- | --- |

(f)

source area;

| (g) | collection site; |
| --- | --- |

(g)

collection site;

| (h) | habitat type of the collection site; |
| --- | --- |

(h)

habitat type of the collection site;

| (i) | the words ‘preservation fodder plant seed mixture, intended for use in an area of the same habitat type as the collection site, not considering the biotic conditions’; |
| --- | --- |

(i)

the words ‘preservation fodder plant seed mixture, intended for use in an area of the same habitat type as the collection site, not considering the biotic conditions’;

| (j) | reference number of the lot given by the person responsible for affixing the labels; |
| --- | --- |

(j)

reference number of the lot given by the person responsible for affixing the labels;

| (k) | the percentage by weight of the components as species and, where relevant, subspecies; |
| --- | --- |

(k)

the percentage by weight of the components as species and, where relevant, subspecies;

| (l) | declared net or gross weight; |
| --- | --- |

(l)

declared net or gross weight;

| (m) | where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight shall be indicated; and |
| --- | --- |

(m)

where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight shall be indicated; and

| (n) | in the case of crop-grown preservation mixtures, a specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive. |
| --- | --- |

(n)

in the case of crop-grown preservation mixtures, a specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive.

2.   As regards paragraph 1(k), it shall suffice to indicate the components of directly harvested preservation mixtures as provided for Article 4(3).

3.   As regards paragraph 1(n), it shall suffice to indicate an average of these required specific germination rates in case the number of required specific germination rates is more than five.

Article 12

Monitoring

Member States shall ensure by official monitoring that this Directive is complied with.

Article 13

Reporting

Member States shall ensure that producers operating in their territory report for each production season the amount of preservation mixtures marketed.

The Member States shall report on request to the Commission and to the other Member States the amount of preservation mixtures marketed in their territory.

Article 14

Notification of the recognised organisations of plant genetic resources

Member States shall notify on request to the Commission the plant genetic resource authorities or organisations recognised for this purpose by the Member States.

Article 15

Evaluation

The Commission shall evaluate the implementation of this Directive by 31 December 2014.

Article 16

Transposition

1.   Member States shall bring into force, by 30 November 2011 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 17

Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 18

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 30 August 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  OJ 125, 11.7.1966, p. 2298/66.

1

(2)  OJ L 309, 13.12.1993, p. 1.

2

(3)  OJ L 378, 23.12.2004, p. 1.

3

(4)  OJ L 162, 30.4.2004, p. 18.

4

(5)  OJ L 277, 21.10.2005, p. 1.

5

(6)  OJ L 162, 21.6.2008, p. 13.

6

(7)  OJ L 206, 22.7.1992, p. 7.

7

---

DECISIONS

| 31.8.2010 | EN | Official Journal of the European Union | L 228/15 |
| --- | --- | --- | --- |

31.8.2010

EN

Official Journal of the European Union

L 228/15

---

COMMISSION DECISION

of 26 August 2010

laying down model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species

(notified under document C(2010) 5779)

(Text with EEA relevance)

(2010/470/EU)

THE EUROPEAN COMMISSION,

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

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 (1) and in particular the fourth indent of Article 11(2) and the third indent of Article 11(3) thereof,

Whereas:

| (1) | Directive 92/65/EEC lays down the animal health requirements governing trade within the Union of animals, semen, ova and embryos not subject to the animal health requirements laid down in specific Union acts. It includes requirements for trade in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species (‘the commodities’). In addition, it provides for health certificates to be established for trade in the commodities within the Union. |
| --- | --- |

(1)

Directive 92/65/EEC lays down the animal health requirements governing trade within the Union of animals, semen, ova and embryos not subject to the animal health requirements laid down in specific Union acts. It includes requirements for trade in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species (‘the commodities’). In addition, it provides for health certificates to be established for trade in the commodities within the Union.

| (2) | Annex D to Directive 92/65/EEC, as amended by Commission Regulation (EU) No 176/2010 (2), sets out certain new requirements for the commodities which are to apply from 1 September 2010. |
| --- | --- |

(2)

Annex D to Directive 92/65/EEC, as amended by Commission Regulation (EU) No 176/2010 (2), sets out certain new requirements for the commodities which are to apply from 1 September 2010.

| (3) | Annex D to Directive 92/65/EEC, as thus amended by Regulation (EU) No 176/2010, introduces rules concerning semen storage centres and detailed conditions for their approval and supervision. It also sets out detailed conditions for the approval and supervision of embryo collection and production teams, for the collection and processing of in vivo derived embryos and the production and processing of in vitro fertilised embryos and micromanipulated embryos. Annex D, as thus amended, also amended the conditions to be applied to the donor animals of semen, ova and embryos of animals of the equine, ovine and caprine species and of ova and embryos of porcine species. |
| --- | --- |

(3)

Annex D to Directive 92/65/EEC, as thus amended by Regulation (EU) No 176/2010, introduces rules concerning semen storage centres and detailed conditions for their approval and supervision. It also sets out detailed conditions for the approval and supervision of embryo collection and production teams, for the collection and processing of in vivo derived embryos and the production and processing of in vitro fertilised embryos and micromanipulated embryos. Annex D, as thus amended, also amended the conditions to be applied to the donor animals of semen, ova and embryos of animals of the equine, ovine and caprine species and of ova and embryos of porcine species.

| (4) | It is necessary to establish new model health certificates for trade within the Union of the commodities taking into account the animal health requirements set out in Annex D to Directive 92/65/EEC, as amended by Regulation (EU) No 176/2010. |
| --- | --- |

(4)

It is necessary to establish new model health certificates for trade within the Union of the commodities taking into account the animal health requirements set out in Annex D to Directive 92/65/EEC, as amended by Regulation (EU) No 176/2010.

| (5) | In addition, provision should be made for existing stocks of commodities in the Union that comply with the provisions of Directive 92/65/EEC established prior to the entry into force of the amendments introduced by Regulation (EU) No 176/2010. Accordingly, it is necessary to set out separate model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and trade in ova and embryos of animals of the porcine species collected or produced, processed and stored in accordance with Annex D to Directive 92/65/EEC prior to 1 September 2010. |
| --- | --- |

(5)

In addition, provision should be made for existing stocks of commodities in the Union that comply with the provisions of Directive 92/65/EEC established prior to the entry into force of the amendments introduced by Regulation (EU) No 176/2010. Accordingly, it is necessary to set out separate model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and trade in ova and embryos of animals of the porcine species collected or produced, processed and stored in accordance with Annex D to Directive 92/65/EEC prior to 1 September 2010.

| (6) | The long lasting stocking capabilities for such commodities make it impossible at present to fix a date for the exhaustion of the existing stocks. Therefore, it is not possible to fix a date for the termination of the use of those model health certificates for the existing stocks. |
| --- | --- |

(6)

The long lasting stocking capabilities for such commodities make it impossible at present to fix a date for the exhaustion of the existing stocks. Therefore, it is not possible to fix a date for the termination of the use of those model health certificates for the existing stocks.

| (7) | In the interests of consistency and simplification of Union legislation, the model health certificates should be set out in a single decision and take account of Commission Regulation (EC) No 599/2004 of 30 March 2004 concerning the adoption of a harmonised model certificate and inspection report linked to intra-Community trade in animals and products of animal origin (3). |
| --- | --- |

(7)

In the interests of consistency and simplification of Union legislation, the model health certificates should be set out in a single decision and take account of Commission Regulation (EC) No 599/2004 of 30 March 2004 concerning the adoption of a harmonised model certificate and inspection report linked to intra-Community trade in animals and products of animal origin (3).

| (8) | In order to ensure full traceability of the commodities, model health certificates should be set out in this Decision for trade within the Union in semen of animals of the equine, ovine and caprine species collected in approved semen collection centres and dispatched from an approved semen storage centre, whether or not the latter constitutes part of a semen collection centre approved under a different approval number. |
| --- | --- |

(8)

In order to ensure full traceability of the commodities, model health certificates should be set out in this Decision for trade within the Union in semen of animals of the equine, ovine and caprine species collected in approved semen collection centres and dispatched from an approved semen storage centre, whether or not the latter constitutes part of a semen collection centre approved under a different approval number.

| (9) | In the interests of clarity of Union legislation, the Union acts setting out model health certificates for trade within the Union in the commodities concerned should be expressly repealed. Accordingly, Commission Decision 95/294/EC of 24 July 1995 determining the specimen animal health certificate for trade in ova and embryos of the equine species (4), Commission Decision 95/307/EC of 24 July 1995 determining the specimen animal health certificate for trade in semen of the equine species (5), Commission Decision 95/388/EC of 19 September 1995 determining the specimen certificate for intra-Community trade in semen, ova and embryos of the ovine and caprine species (6) and Commission Decision 95/483/EC of 9 November 1995 determining the specimen certificate for intra-Community trade in ova and embryos of swine (7) should be repealed. |
| --- | --- |

(9)

In the interests of clarity of Union legislation, the Union acts setting out model health certificates for trade within the Union in the commodities concerned should be expressly repealed. Accordingly, Commission Decision 95/294/EC of 24 July 1995 determining the specimen animal health certificate for trade in ova and embryos of the equine species (4), Commission Decision 95/307/EC of 24 July 1995 determining the specimen animal health certificate for trade in semen of the equine species (5), Commission Decision 95/388/EC of 19 September 1995 determining the specimen certificate for intra-Community trade in semen, ova and embryos of the ovine and caprine species (6) and Commission Decision 95/483/EC of 9 November 1995 determining the specimen certificate for intra-Community trade in ova and embryos of swine (7) should be repealed.

| (10) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(10)

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

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision lays down model health certificates for trade within the Union in the following commodities:

| (a) | semen of animals of the equine species; |
| --- | --- |

(a)

semen of animals of the equine species;

| (b) | ova and embryos of animals of the equine species; |
| --- | --- |

(b)

ova and embryos of animals of the equine species;

| (c) | semen of animals of the ovine and caprine species; |
| --- | --- |

(c)

semen of animals of the ovine and caprine species;

| (d) | ova and embryos of animals of the ovine and caprine species; |
| --- | --- |

(d)

ova and embryos of animals of the ovine and caprine species;

| (e) | ova and embryos of animals of the porcine species. |
| --- | --- |

(e)

ova and embryos of animals of the porcine species.

Article 2

Trade in semen of animals of the equine species

A health certificate in accordance with one of the following models set out in Annex I shall accompany consignments of semen of animals of the equine species during transport from one Member State to another:

| (a) | model health certificate IA as set out in Part A, for consignments of semen collected after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen; |
| --- | --- |

(a)

model health certificate IA as set out in Part A, for consignments of semen collected after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen;

| (b) | model health certificate IB as set out in Part B, for consignments of stocks of semen collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 from an approved semen collection centre of origin of the semen; |
| --- | --- |

(b)

model health certificate IB as set out in Part B, for consignments of stocks of semen collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 from an approved semen collection centre of origin of the semen;

| (c) | model health certificate IC as set out in Part C, for consignments of semen and stocks of semen referred to in (a) and (b) dispatched from an approved semen storage centre. |
| --- | --- |

(c)

model health certificate IC as set out in Part C, for consignments of semen and stocks of semen referred to in (a) and (b) dispatched from an approved semen storage centre.

Article 3

Trade in ova and embryos of animals of the equine species

A health certificate in accordance with one of the following models set out in Annex II shall accompany consignments of ova and embryos of animals of the equine species during transport from one Member State to another:

| (a) | model health certificate IIA as set out in Part A, for consignments of ova and embryos collected or produced after 31 August 2010 and dispatched by an approved embryo collection or production team of origin of the ova or embryos; |
| --- | --- |

(a)

model health certificate IIA as set out in Part A, for consignments of ova and embryos collected or produced after 31 August 2010 and dispatched by an approved embryo collection or production team of origin of the ova or embryos;

| (b) | model health certificate IIB as set out in Part B, for consignments of stocks of ova and embryos collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 by an approved embryo collection team of origin of the ova or embryos. |
| --- | --- |

(b)

model health certificate IIB as set out in Part B, for consignments of stocks of ova and embryos collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 by an approved embryo collection team of origin of the ova or embryos.

Article 4

Trade in semen of animals of the ovine and caprine species

A health certificate in accordance with one of the following models set out in Annex III shall accompany consignments of semen of animals of the ovine and caprine species during transport from one Member State to another:

| (a) | model health certificate IIIA as set out in Part A, for consignments of semen collected after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen; |
| --- | --- |

(a)

model health certificate IIIA as set out in Part A, for consignments of semen collected after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen;

| (b) | model health certificate IIIB as set out in Part B, for consignments of stocks of semen collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 from an approved semen collection centre of origin of the semen; |
| --- | --- |

(b)

model health certificate IIIB as set out in Part B, for consignments of stocks of semen collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 from an approved semen collection centre of origin of the semen;

| (c) | model health certificate IIIC as set out in Part C, for consignments of semen and stocks of semen referred to in (a) and (b) dispatched from an approved semen storage centre. |
| --- | --- |

(c)

model health certificate IIIC as set out in Part C, for consignments of semen and stocks of semen referred to in (a) and (b) dispatched from an approved semen storage centre.

Article 5

Trade in ova and embryos of animals of the ovine and caprine species

A health certificate in accordance with one of the following models set out in Annex IV shall accompany consignments of ova and embryos of animals of the ovine and caprine species during transport from one Member State to another:

| (a) | model health certificate IVA as set out in Part A, for consignments of ova and embryos collected or produced after 31 August 2010 and dispatched by an approved embryo collection or production team of origin of the ova or embryos; |
| --- | --- |

(a)

model health certificate IVA as set out in Part A, for consignments of ova and embryos collected or produced after 31 August 2010 and dispatched by an approved embryo collection or production team of origin of the ova or embryos;

| (b) | model health certificate IVB as set out in Part B, for consignments of stocks of ova and embryos collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 by an approved embryo collection team of origin of the ova or embryos. |
| --- | --- |

(b)

model health certificate IVB as set out in Part B, for consignments of stocks of ova and embryos collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 by an approved embryo collection team of origin of the ova or embryos.

Article 6

Trade in ova and embryos of the porcine species

A health certificate in accordance with one of the following models set out in Annex V shall accompany consignments of ova and embryos of animals of the porcine species during transport from one Member State to another:

| (a) | model health certificate VA as set out in Part A, for consignments of ova and embryos collected or produced after 31 August 2010 and dispatched by an approved embryo collection or production team of origin of the ova or embryos; |
| --- | --- |

(a)

model health certificate VA as set out in Part A, for consignments of ova and embryos collected or produced after 31 August 2010 and dispatched by an approved embryo collection or production team of origin of the ova or embryos;

| (b) | model health certificate VB as set out in Part B, for consignments of stocks of ova and embryos collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 by an approved embryo collection team of origin of the ova or embryos. |
| --- | --- |

(b)

model health certificate VB as set out in Part B, for consignments of stocks of ova and embryos collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 by an approved embryo collection team of origin of the ova or embryos.

Article 7

Repeals

Decisions 95/294/EC, 95/307/EC, 95/388/EC and 95/483/EC are repealed.

Article 8

Applicability

This Decision shall apply from 1 September 2010.

Article 9

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 26 August 2010.

For the Commission

John DALLI

Member of the Commission

---

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

1

(2)  OJ L 52, 3.3.2010, p. 14.

2

(3)  OJ L 94, 31.3.2004, p. 44.

3

(4)  OJ L 182, 2.8.1995, p. 27.

4

(5)  OJ L 185, 4.8.1995, p. 58.

5

(6)  OJ L 234, 3.10.1995, p. 30.

6

(7)  OJ L 275, 18.11.1995, p. 30.

7

---

ANNEX I

Model health certificates for trade within the union in consignments of semen of animals of the equine species

PART A

Model health certificate IA for trade within the Union in consignments of semen of animals of the equine species collected in accordance with Council Directive 92/65/EEC after 31 August 2010 dispatched from an approved semen collection centre of origin of the semen

Image

Image

Image

Image

Image

PART B

Model health certificate IB for trade within the Union in consignments of stocks of semen of animals of the equine species collected, processed and stored in accordance with Council Directive 92/65/EEC before 1 September 2010 and dispatched after 31 August 2010 from an approved semen collection centre of origin of the semen

Image

Image

Image

PART C

Model health certificate IC for trade within the Union in consignments of semen of animals of the equine species collected, processed and stored in accordance with Council Directive 92/65/EEC after 31 August 2010 and in consignments of stocks of semen of animals of the equine species collected, processed and stored in accordance with Council Directive 92/65/EEC before 1 September 2010 and dispatched after 31 August 2010 from an approved semen storage centre

Image

Image

Image

---

ANNEX II

Model health certificates for trade within the Union in consigments of ova and embryos of animals of the equine species

PART A

Model health certificate IIA for trade within the Union in consignments of ova and embryos of animals of the equine species collected or produced in accordance with Council Directive 92/65/EEC after 31 August 2010 and dispatched by an approved embryo collection or production team of origin the ova or embryos

Image

Image

Image

PART B

Model health certificate IIB for trade within the Union in consignments of stocks of ova and embryos of animals of the equine species collected, processed and stored in accordance with Council Directive 92/65/EEC before 1 September 2010 and dispatched after 31 August 2010 by an approved embryo collection team of origin of the ova or embryos

Image

Image

Image

---

ANNEX III

Model health certificates for trade in consigments of semen of animals of the ovine and caprine species

PART A

Model health certificate IIIA for trade within the Union in consignments of semen of animals of the ovine and caprine species collected in accordance with Council Directive 92/65/EEC after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen

Image

Image

PART B

Model health certificate IIIB for trade within the Union in consignments of stocks of semen of animals of the ovine and caprine species collected, processed and stored in accordance with Council Directive 92/65/EEC before 1 September 2010 and dispatched after 31 August 2010 from an approved semen collection centre of origin of the semen

Image

Image

PART C

Model health certificate IIIC for trade within the Union in consignments of semen of animals of the ovine and caprine species collected in accordance with Council Directive 92/65/EEC after 31 August 2010 and in consignments of stocks of semen of animals of the ovine and caprine species collected, processed and stored in accordance with Council Directive 92/65/EEC before 1 September 2010 and dispatched after 31 August 2010 from an approved semen storage centre

Image

Image

Image

---

ANNEX IV

Model health certificates for trade within the Union in consigments of ova/embryos of animals of the ovine and caprine species

PART A

Model health certificate IVA for trade within the Union in consignments of ova and embryos of animals of the ovine and caprine species collected or produced in accordance with Council Directive 92/65/EEC after 31 August 2010 and dispatched by an approved embryo collection or production team of origin of the ova or embryos

Image

Image

Image

PART B

Model health certificate IVB for trade within the Union in consignments of stocks of ova and embryos of animals of the ovine and caprine species collected, processed and stored in accordance with Council Directive 92/65/EEC before 1 September 2010 and dispatched after 31 August 2010 by an approved embryo collection team of origin of the ova or embryos

Image

Image

---

ANNEX V

Model health certificates for trade within the Union in consigments of ova/embryos of animals of the porcine species

PART A

Model health certificate VA for trade within the Union in consignments of ova and embryos of animals of the porcine species collected or produced in accordance with Council Directive 92/65/EEC after 31 August 2010 and dispatched by an approved embryo collection or production team of origin of the ova or embryos

Image

Image

Image

PART B

Model health certificate VB for trade within the Union in consignments of stocks of ova and embryos of animals of the porcine species collected, processed and stored in accordance with Council Directive 92/65/EEC before 1 September 2010 and dispatched after 31 August 2010 by an approved embryo collection team of origin of the ova or embryos

Image

Image

---

| 31.8.2010 | EN | Official Journal of the European Union | L 228/52 |
| --- | --- | --- | --- |

31.8.2010

EN

Official Journal of the European Union

L 228/52

---

COMMISSION DECISION

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

(notified under document C(2010) 5781)

(Text with EEA relevance)

(2010/471/EU)

THE EUROPEAN COMMISSION,

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

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 (1), and in particular Article 17(2)(b), Article 17(3), the first indent of Article 18(1), and the introductory phrase and point (b) of Article 19 thereof,

Whereas:

| (1) | Directive 92/65/EEC lays down the animal health requirements governing imports into the Union of semen, ova and embryos of animals of the equine species (‘the commodities’). It provides only commodities 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 must attest that the commodities come from approved collection and storage centres or collection and production teams offering guarantees at least equivalent to those established in Annex D(I) to that Directive. |
| --- | --- |

(1)

Directive 92/65/EEC lays down the animal health requirements governing imports into the Union of semen, ova and embryos of animals of the equine species (‘the commodities’). It provides only commodities 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 must attest that the commodities come from approved collection and storage centres or collection and production teams offering guarantees at least equivalent to those established in Annex D(I) to that Directive.

| (2) | 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 (2) establishes a list of third countries, or parts thereof from which Member States are to authorise imports of the commodities. In the interest of coherency and consistency of Union legislation, that list should be taken into account in the present Decision. |
| --- | --- |

(2)

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 (2) establishes a list of third countries, or parts thereof from which Member States are to authorise imports of the commodities. In the interest of coherency and consistency of Union legislation, that list should be taken into account in the present Decision.

| (3) | Directive 92/65/EEC, as amended by Council Directive 2008/73/EC (3), introduced a simplified procedure for the listing of semen collection and storage centres and embryo collection and production teams in third countries, approved for imports of the commodities into the Union. |
| --- | --- |

(3)

Directive 92/65/EEC, as amended by Council Directive 2008/73/EC (3), introduced a simplified procedure for the listing of semen collection and storage centres and embryo collection and production teams in third countries, approved for imports of the commodities into the Union.

| (4) | Annex D to Directive 92/65/EEC, as amended by Commission Regulation (EU) No 176/2010 (4), sets out certain new requirements for the commodities which are to apply from 1 September 2010. It introduces rules concerning semen storage centres and detailed conditions for their approval and supervision. It also sets out detailed conditions for the approval and supervision of embryo collection and production teams, for the collection and processing of in vivo derived embryos and the production and processing of in vitro fertilised embryos and micromanipulated embryos. It also amended the conditions to be applied to the donor animals of semen, ova and embryos of the equine species in addition to those laid down in Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae (5). |
| --- | --- |

(4)

Annex D to Directive 92/65/EEC, as amended by Commission Regulation (EU) No 176/2010 (4), sets out certain new requirements for the commodities which are to apply from 1 September 2010. It introduces rules concerning semen storage centres and detailed conditions for their approval and supervision. It also sets out detailed conditions for the approval and supervision of embryo collection and production teams, for the collection and processing of in vivo derived embryos and the production and processing of in vitro fertilised embryos and micromanipulated embryos. It also amended the conditions to be applied to the donor animals of semen, ova and embryos of the equine species in addition to those laid down in Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae (5).

| (5) | Accordingly, it is necessary to establish new model health certificates for imports into the Union of the commodities taking into account the amendments made to Directive 92/65/EEC by Directive 2008/73/EC and Regulation (EU) No 176/2010. |
| --- | --- |

(5)

Accordingly, it is necessary to establish new model health certificates for imports into the Union of the commodities taking into account the amendments made to Directive 92/65/EEC by Directive 2008/73/EC and Regulation (EU) No 176/2010.

| (6) | In addition, provision should be made for imports into the Union of existing stocks of commodities that comply with the provisions of Directive 92/65/EEC established prior to the entry into force of the amendments introduced by Regulation (EU) No 176/2010. Accordingly, it is necessary to set out separate model health certificates for imports of consignments of the commodities collected or produced, processed and stored in accordance with Annex D to Directive 92/65/EEC prior to 1 September 2010. |
| --- | --- |

(6)

In addition, provision should be made for imports into the Union of existing stocks of commodities that comply with the provisions of Directive 92/65/EEC established prior to the entry into force of the amendments introduced by Regulation (EU) No 176/2010. Accordingly, it is necessary to set out separate model health certificates for imports of consignments of the commodities collected or produced, processed and stored in accordance with Annex D to Directive 92/65/EEC prior to 1 September 2010.

| (7) | The long lasting stocking capabilities for such commodities make it impossible at present to fix a date for the exhaustion of the existing stocks. Therefore, it is not possible to fix a date for the termination of the use of those model health certificates for the existing stocks. |
| --- | --- |

(7)

The long lasting stocking capabilities for such commodities make it impossible at present to fix a date for the exhaustion of the existing stocks. Therefore, it is not possible to fix a date for the termination of the use of those model health certificates for the existing stocks.

| (8) | In order to ensure full traceability of the commodities, model health certificates should be set out in this Decision for imports into the Union of semen of animals of the equine species collected in approved semen collection centres and dispatched from an approved semen storage centre, whether or not the latter constitutes part of a semen collection centre approved under a different approval number. |
| --- | --- |

(8)

In order to ensure full traceability of the commodities, model health certificates should be set out in this Decision for imports into the Union of semen of animals of the equine species collected in approved semen collection centres and dispatched from an approved semen storage centre, whether or not the latter constitutes part of a semen collection centre approved under a different approval number.

| (9) | In the interests of consistency and simplification of Union legislation, the model health certificates for the importation of the commodities should take account of Commission Decision 2007/240/EC (6), which provides that the various veterinary, public and animal health certificates required for the imports into the Union of live animals, semen, embryo, ova and products of animal origin are to be based on the standard models for veterinary certificates set out in Annex I thereto. |
| --- | --- |

(9)

In the interests of consistency and simplification of Union legislation, the model health certificates for the importation of the commodities should take account of Commission Decision 2007/240/EC (6), which provides that the various veterinary, public and animal health certificates required for the imports into the Union of live animals, semen, embryo, ova and products of animal origin are to be based on the standard models for veterinary certificates set out in Annex I thereto.

| (10) | In addition, it is appropriate that consignments of the commodities imported into the Union from Switzerland are accompanied by the health certificates drawn up in accordance with the models used for trade within the Union in semen, ova and embryos of animals of the equine species and set out in Commission Decision 2010/470/EU of 26 August 2010 laying down model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and in embryos of animals of the porcine species (7), with the adaptations set out in points 8 and 9 of Chapter IX(B) of Appendix 2 of Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in Agricultural Products, as approved by Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (8). |
| --- | --- |

(10)

In addition, it is appropriate that consignments of the commodities imported into the Union from Switzerland are accompanied by the health certificates drawn up in accordance with the models used for trade within the Union in semen, ova and embryos of animals of the equine species and set out in Commission Decision 2010/470/EU of 26 August 2010 laying down model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and in embryos of animals of the porcine species (7), with the adaptations set out in points 8 and 9 of Chapter IX(B) of Appendix 2 of Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in Agricultural Products, as approved by Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (8).

| (11) | In the application of this Decision, account should be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (9), as approved by Council Decision 1999/201/EC (10). |
| --- | --- |

(11)

In the application of this Decision, account should be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (9), as approved by Council Decision 1999/201/EC (10).

| (12) | In the application of this Decision, account should also be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (11), as approved by Council Decision 97/132/EC (12). |
| --- | --- |

(12)

In the application of this Decision, account should also be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (11), as approved by Council Decision 97/132/EC (12).

| (13) | In the interest of clarity of Union legislation, it is necessary to repeal the Union acts currently setting out certification requirements for imports into the Union of the commodities. Accordingly, Commission Decision 96/539/EC of 4 September 1996 on animal health requirements and veterinary certification for imports into the Community of semen of the equine species (13) and Commission Decision 96/540/EC of 4 September 1996 on animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species (14) should be repealed. |
| --- | --- |

(13)

In the interest of clarity of Union legislation, it is necessary to repeal the Union acts currently setting out certification requirements for imports into the Union of the commodities. Accordingly, Commission Decision 96/539/EC of 4 September 1996 on animal health requirements and veterinary certification for imports into the Community of semen of the equine species (13) and Commission Decision 96/540/EC of 4 September 1996 on animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species (14) should be repealed.

| (14) | In addition, Commission Decision 2004/616/EC of 26 July 2004 establishing the list of approved semen collection centres for imports of equine semen from third countries (15) is now obsolete and should be repealed. |
| --- | --- |

(14)

In addition, Commission Decision 2004/616/EC of 26 July 2004 establishing the list of approved semen collection centres for imports of equine semen from third countries (15) is now obsolete and should be repealed.

| (15) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(15)

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

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision lays down certain animal health requirements concerning imports into the Union of consignments of semen, ova and embryos of animals of the equine species.

It sets out model health certificates to be used for imports of those commodities into the Union.

Article 2

Imports of semen

Member States shall authorise imports of consignments of semen of animals of the equine species provided that they comply with the following conditions:

| (a) | they come from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I to Decision 2004/211/EC respectively from which permanent imports of registered horses, registered equidae or equidae for breeding and production are authorised; |
| --- | --- |

(a)

they come from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I to Decision 2004/211/EC respectively from which permanent imports of registered horses, registered equidae or equidae for breeding and production are authorised;

| (b) | they come from an approved semen collection or storage centre listed in accordance with Article 17(3)(b) of Directive 92/65/EEC; |
| --- | --- |

(b)

they come from an approved semen collection or storage centre listed in accordance with Article 17(3)(b) of Directive 92/65/EEC;

| (c) | they are accompanied by a health certificate drawn up in accordance with one of the following models set out in Part 2 of Annex I; and completed in accordance with the explanatory notes set out in Part 1 of that Annex:






  (i) | MODEL 1 as set out in Section A, for consignments of semen collected after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen; |
| --- | --- | --- |

(c)

they are accompanied by a health certificate drawn up in accordance with one of the following models set out in Part 2 of Annex I; and completed in accordance with the explanatory notes set out in Part 1 of that Annex:

(i)

MODEL 1 as set out in Section A, for consignments of semen collected after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen;

| (ii) | MODEL 2 as set out in Section B, for consignments of stocks of semen collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 from an approved semen collection centre of origin of the semen; |
| --- | --- |

(ii)

MODEL 2 as set out in Section B, for consignments of stocks of semen collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 from an approved semen collection centre of origin of the semen;

| (iii) | MODEL 3 as set out in Section C, for consignments of semen and stocks of semen referred to in (i) and (ii) dispatched from an approved semen storage centre; |
| --- | --- |

(iii)

MODEL 3 as set out in Section C, for consignments of semen and stocks of semen referred to in (i) and (ii) dispatched from an approved semen storage centre;

However, where specific certification requirements are laid down in bilateral agreements between the European Union and third countries, those requirements shall apply.

| (d) | they comply with the requirements set out in the health certificate referred to in point (c). |
| --- | --- |

(d)

they comply with the requirements set out in the health certificate referred to in point (c).

Article 3

Imports of ova and embryos

Member States shall authorise imports of consignments of ova and embryos of animals of the equine species provided that they comply with the following conditions:

| (a) | they come from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I to Decision 2004/211/EC respectively from which permanent imports of registered horses, registered equidae or equidae for breeding and production are authorised; |
| --- | --- |

(a)

they come from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I to Decision 2004/211/EC respectively from which permanent imports of registered horses, registered equidae or equidae for breeding and production are authorised;

| (b) | they come from an approved embryo collection or production team listed in accordance with Article 17(3)(b) of Directive 92/65/EEC; |
| --- | --- |

(b)

they come from an approved embryo collection or production team listed in accordance with Article 17(3)(b) of Directive 92/65/EEC;

| (c) | they are accompanied by a health certificate drawn up in accordance with the model health certificate set out in Part 2 of Annex II; and completed in accordance with the explanatory notes set out in Part 1 of Annex II;
  However, where specific certification requirements are laid down in bilateral agreements between the European Union and third countries, those requirements shall apply. |
| --- | --- |

(c)

they are accompanied by a health certificate drawn up in accordance with the model health certificate set out in Part 2 of Annex II; and completed in accordance with the explanatory notes set out in Part 1 of Annex II;

However, where specific certification requirements are laid down in bilateral agreements between the European Union and third countries, those requirements shall apply.

| (d) | they comply with the requirements set out in the health certificate referred to in point (c). |
| --- | --- |

(d)

they comply with the requirements set out in the health certificate referred to in point (c).

Article 4

General conditions concerning the transport of consignments of semen, ova and embryos to the European Union

1.   Consignments of semen, ova and embryos shall not be transported in the same container as other consignments of semen, ova and embryos that:

| (a) | are not intended for introduction into the Union, or |
| --- | --- |

(a)

are not intended for introduction into the Union, or

| (b) | are of a lower health status. |
| --- | --- |

(b)

are of a lower health status.

2.   During transport to the Union, consignments of semen, ova and embryos shall be placed in closed and sealed containers and the seal must not be broken during the transport.

Article 5

Repeal

Decisions 96/539/EC, 96/540/EC and 2004/616/EC are repealed.

Article 6

Applicability

This Decision shall apply from 1 September 2010.

Article 7

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 26 August 2010.

For the Commission

John DALLI

Member of the Commission

---

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

1

(2)  OJ L 73, 11.3.2004, p. 1.

2

(3)  OJ L 219, 14.8.2008, p. 40.

3

(4)  OJ L 52, 3.3.2010, p. 14.

4

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

5

(6)  OJ L 104, 21.4.2007, p. 37.

6

(7)  See page 15 of this Official Journal.

7

(8)  OJ L 114, 30.4.2002, p. 1.

8

(9)  OJ L 71, 18.3.1999, p. 3.

9

(10)  OJ L 71, 18.3.1999, p. 1.

10

(11)  OJ L 57, 26.2.1997, p. 5.

11

(12)  OJ L 57, 26.2.1997, p. 4.

12

(13)  OJ L 230, 11.9.1996, p. 23.

13

(14)  OJ L 230, 11.9.1996, p. 28.

14

(15)  OJ L 278, 27.8.2004, p. 64.

15

---

ANNEX I

Model health certificates for imports of semen of animals of the equine species

PART 1

Explanatory notes for the certification

| (a) | The health certificates shall be issued by the competent authority of the exporting third country, in accordance with the models set out in Part 2 of Annex I.
  If the Member State of destination requires additional certification, attestations to certify that those requirements are fulfilled shall be also incorporated in the original form of the health certificate. |
| --- | --- |

(a)

The health certificates shall be issued by the competent authority of the exporting third country, in accordance with the models set out in Part 2 of Annex I.

If the Member State of destination requires additional certification, attestations to certify that those requirements are fulfilled shall be also incorporated in the original form of the health certificate.

| (b) | The original of the health certificate shall consist of a single sheet of paper, or, where more text is required, it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible. |
| --- | --- |

(b)

The original of the health certificate shall consist of a single sheet of paper, or, where more text is required, it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible.

| (c) | Where the model health certificate states that certain statements shall be kept as appropriate, statements which are not relevant, may be crossed out and initialled and stamped by the certifying officer, or completely deleted from certificate. |
| --- | --- |

(c)

Where the model health certificate states that certain statements shall be kept as appropriate, statements which are not relevant, may be crossed out and initialled and stamped by the certifying officer, or completely deleted from certificate.

| (d) | The health certificate shall be drawn up in at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the European Union and of the Member State of destination. However, those Member States may authorise the certificate to be drawn up in the official language of another Member State, and accompanied, if necessary, by an official translation. |
| --- | --- |

(d)

The health certificate shall be drawn up in at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the European Union and of the Member State of destination. However, those Member States may authorise the certificate to be drawn up in the official language of another Member State, and accompanied, if necessary, by an official translation.

| (e) | If for the reasons of identification of the items of the consignment (schedule in Box I.28 of the model health certificate), additional sheets of paper are attached to the health certificate, those sheets of paper shall also be considered as forming part of the original of the health certificate by application of the signature and stamp of the certifying officer, on each of the pages. |
| --- | --- |

(e)

If for the reasons of identification of the items of the consignment (schedule in Box I.28 of the model health certificate), additional sheets of paper are attached to the health certificate, those sheets of paper shall also be considered as forming part of the original of the health certificate by application of the signature and stamp of the certifying officer, on each of the pages.

| (f) | When the health certificate, including additional schedules referred to in (e), comprises more than one page, each page shall be numbered (page number) of (total number of pages), at the end of the page and shall bear the certificate reference number that has been designated by the competent authority on the top of the pages. |
| --- | --- |

(f)

When the health certificate, including additional schedules referred to in (e), comprises more than one page, each page shall be numbered (page number) of (total number of pages), at the end of the page and shall bear the certificate reference number that has been designated by the competent authority on the top of the pages.

| (g) | The original of the health certificate must be completed and signed by an official veterinarian the last working day prior to loading of the consignment for exportation to the European Union. The competent authorities of the exporting third country shall ensure that certification requirements equivalent to those laid down in Council Directive 96/93/EC (1) are followed.
  The colour of the signature and the stamp of the official veterinarian shall be different to that of the printing on the health certificate. This requirement also applies to stamps other than those embossed or watermarks. |
| --- | --- |

(g)

The original of the health certificate must be completed and signed by an official veterinarian the last working day prior to loading of the consignment for exportation to the European Union. The competent authorities of the exporting third country shall ensure that certification requirements equivalent to those laid down in Council Directive 96/93/EC (1) are followed.

The colour of the signature and the stamp of the official veterinarian shall be different to that of the printing on the health certificate. This requirement also applies to stamps other than those embossed or watermarks.

| (h) | The original of the health certificate must accompany the consignment until it reaches the border inspection post of introduction into the European Union. |
| --- | --- |

(h)

The original of the health certificate must accompany the consignment until it reaches the border inspection post of introduction into the European Union.

| (i) | The certificate reference number referred to in Box I.2 and Box II.a of the model health certificate must be issued by the competent authority of the exporting third country. |
| --- | --- |

(i)

The certificate reference number referred to in Box I.2 and Box II.a of the model health certificate must be issued by the competent authority of the exporting third country.

PART 2

Section A

| MODEL 1 — | Model health certificate for imports of consignments of semen of animals of the equine species collected, processed and/or stored in accordance with Council Directive 92/65/EEC after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen |
| --- | --- |

MODEL 1 —

Model health certificate for imports of consignments of semen of animals of the equine species collected, processed and/or stored in accordance with Council Directive 92/65/EEC after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen

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Section B

| MODEL 2 — | Model health certificate for imports of consignments of stocks of semen of animals of the equine species collected, processed and/or stored in accordance with Council Directive 92/65/EEC before 1 September 2010 and dispatched after 31 August 2010 from an approved semen collection centre of origin of the semen |
| --- | --- |

MODEL 2 —

Model health certificate for imports of consignments of stocks of semen of animals of the equine species collected, processed and/or stored in accordance with Council Directive 92/65/EEC before 1 September 2010 and dispatched after 31 August 2010 from an approved semen collection centre of origin of the semen

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Section C

| MODEL 3 — | Model health certificate for imports of consignments of semen of animals of the equine species collected, processed and stored in accordance with Council Directive 92/65/EEC after 31 August 2010 and of consignments of stocks of semen of animals of the equine species collected, processed and stored in accordance with Council Directive 92/65/EEC before 1 September 2010 and dispatched after 31 August 2010 from an approved semen storage centre |
| --- | --- |

MODEL 3 —

Model health certificate for imports of consignments of semen of animals of the equine species collected, processed and stored in accordance with Council Directive 92/65/EEC after 31 August 2010 and of consignments of stocks of semen of animals of the equine species collected, processed and stored in accordance with Council Directive 92/65/EEC before 1 September 2010 and dispatched after 31 August 2010 from an approved semen storage centre

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(1)  OJ L 13, 16.1.1997, p. 28.

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ANNEX II

Model health certificate for imports of ova and embryos of animals of the equine species

PART 1

Explanatory notes for the certification

| (a) | The health certificates shall be issued by the competent authority of the exporting third country, in accordance with the model set out in Part 2 of Annex II.
  If the Member State of destination requires additional certification, attestations to certify that those requirements are fulfilled shall be also incorporated in the original form of the health certificate. |
| --- | --- |

(a)

The health certificates shall be issued by the competent authority of the exporting third country, in accordance with the model set out in Part 2 of Annex II.

If the Member State of destination requires additional certification, attestations to certify that those requirements are fulfilled shall be also incorporated in the original form of the health certificate.

| (b) | The original of the health certificate shall consist of a single sheet of paper, or, where more text is required, it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible. |
| --- | --- |

(b)

The original of the health certificate shall consist of a single sheet of paper, or, where more text is required, it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible.

| (c) | Where the model health certificate states that certain statements shall be kept as appropriate, statements which are not relevant, may be crossed out and initialled and stamped by the certifying officer, or completely deleted from certificate. |
| --- | --- |

(c)

Where the model health certificate states that certain statements shall be kept as appropriate, statements which are not relevant, may be crossed out and initialled and stamped by the certifying officer, or completely deleted from certificate.

| (d) | The health certificate shall be drawn up in at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the European Union and of the Member State of destination. However, those Member States may authorise the certificate to be drawn up in the official language of another Member State, and accompanied, if necessary, by an official translation. |
| --- | --- |

(d)

The health certificate shall be drawn up in at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the European Union and of the Member State of destination. However, those Member States may authorise the certificate to be drawn up in the official language of another Member State, and accompanied, if necessary, by an official translation.

| (e) | If for the reasons of identification of the items of the consignment (schedule in Box I.28 of the model health certificate), additional sheets of paper are attached to the health certificate, those sheets of paper shall also be considered as forming part of the original of the health certificate by application of the signature and stamp of the certifying officer, on each of the pages. |
| --- | --- |

(e)

If for the reasons of identification of the items of the consignment (schedule in Box I.28 of the model health certificate), additional sheets of paper are attached to the health certificate, those sheets of paper shall also be considered as forming part of the original of the health certificate by application of the signature and stamp of the certifying officer, on each of the pages.

| (f) | When the health certificate, including additional schedules referred to in (e), comprises more than one page, each page shall be numbered (page number) of (total number of pages), at the end of the page and shall bear the certificate reference number that has been designated by the competent authority on the top of the pages. |
| --- | --- |

(f)

When the health certificate, including additional schedules referred to in (e), comprises more than one page, each page shall be numbered (page number) of (total number of pages), at the end of the page and shall bear the certificate reference number that has been designated by the competent authority on the top of the pages.

| (g) | The original of the health certificate must be completed and signed by an official veterinarian the last working day prior to loading of the consignment for exportation to the European Union. The competent authorities of the exporting third country shall ensure that certification requirements equivalent to those laid down in Council Directive 96/93/EC (1) are followed.
  The colour of the signature and the stamp of the official veterinarian shall be different to that of the printing on the health certificate. This requirement also applies to stamps other than those embossed or watermarks. |
| --- | --- |

(g)

The original of the health certificate must be completed and signed by an official veterinarian the last working day prior to loading of the consignment for exportation to the European Union. The competent authorities of the exporting third country shall ensure that certification requirements equivalent to those laid down in Council Directive 96/93/EC (1) are followed.

The colour of the signature and the stamp of the official veterinarian shall be different to that of the printing on the health certificate. This requirement also applies to stamps other than those embossed or watermarks.

| (h) | The original of the health certificate must accompany the consignment until it reaches the border inspection post of introduction into the European Union. |
| --- | --- |

(h)

The original of the health certificate must accompany the consignment until it reaches the border inspection post of introduction into the European Union.

| (i) | The certificate reference number referred to in Box I.2 and Box II.a of the model health certificate must be issued by the competent authority of the exporting third country. |
| --- | --- |

(i)

The certificate reference number referred to in Box I.2 and Box II.a of the model health certificate must be issued by the competent authority of the exporting third country.

PART 2

Model health certificate for imports of ova and embryos of animals of the equine species collected, processed and stored in accordance with Council Directive 92/65/EEC after 31 August 2010 and dispatched from an approved embryo collection/production team

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(1)  OJ L 13, 16.1.1997, p. 28.

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| 31.8.2010 | EN | Official Journal of the European Union | L 228/74 |
| --- | --- | --- | --- |

31.8.2010

EN

Official Journal of the European Union

L 228/74

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COMMISSION DECISION

of 26 August 2010

on imports of semen, ova and embryos of animals of the ovine and caprine species into the Union

(notified under document C(2010) 5780)

(Text with EEA relevance)

(2010/472/EU)

THE EUROPEAN COMMISSION,

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

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 (1), and in particular Article 17(2)(b), Article 17(3), the first indent of Article 18(1), and the introductory phrase and point (b) of Article 19 thereof,

Whereas:

| (1) | Directive 92/65/EEC lays down the animal health conditions governing imports into the Union of semen, ova and embryos of animals of the ovine and caprine species (‘the commodities’). It provides only commodities that come from a third country included 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 must certify that commodities come from approved collection and storage centres or collection and production teams offering guarantees at least equivalent to those laid down in Annex D(I) to that Directive. |
| --- | --- |

(1)

Directive 92/65/EEC lays down the animal health conditions governing imports into the Union of semen, ova and embryos of animals of the ovine and caprine species (‘the commodities’). It provides only commodities that come from a third country included 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 must certify that commodities come from approved collection and storage centres or collection and production teams offering guarantees at least equivalent to those laid down in Annex D(I) to that Directive.

| (2) | Commission Decision 2008/635/EC of 22 July 2008 on imports of semen, ova and embryos of the ovine and caprine species into the Community as regards lists of third countries and of semen collection centres and embryo collection teams, and certification requirements (2) currently sets out the list of third countries from which Member States are to authorise imports of the commodities. |
| --- | --- |

(2)

Commission Decision 2008/635/EC of 22 July 2008 on imports of semen, ova and embryos of the ovine and caprine species into the Community as regards lists of third countries and of semen collection centres and embryo collection teams, and certification requirements (2) currently sets out the list of third countries from which Member States are to authorise imports of the commodities.

| (3) | Directive 92/65/EEC, as amended by Council Directive 2008/73/EC (3), introduced a simplified procedure for the listing of semen collection and storage centres and embryo collection and production teams in third countries approved for imports of the commodities into the Union. |
| --- | --- |

(3)

Directive 92/65/EEC, as amended by Council Directive 2008/73/EC (3), introduced a simplified procedure for the listing of semen collection and storage centres and embryo collection and production teams in third countries approved for imports of the commodities into the Union.

| (4) | In addition, Annex D to Directive 92/65/EEC, as amended by Commission Regulation (EU) No 176/2010 (4), sets out certain new requirements for the commodities which are to apply from 1 September 2010. It introduces rules concerning semen storage centres and detailed conditions for their approval and supervision. It also sets out detailed conditions for the approval and supervision of embryo collection and production teams, for the collection and processing of in vivo derived embryos and the production and processing of in vitro fertilised embryos and micromanipulated embryos. It also amended the conditions to be applied to the donor animals of semen, ova and embryos of animals of the ovine and caprine species. |
| --- | --- |

(4)

In addition, Annex D to Directive 92/65/EEC, as amended by Commission Regulation (EU) No 176/2010 (4), sets out certain new requirements for the commodities which are to apply from 1 September 2010. It introduces rules concerning semen storage centres and detailed conditions for their approval and supervision. It also sets out detailed conditions for the approval and supervision of embryo collection and production teams, for the collection and processing of in vivo derived embryos and the production and processing of in vitro fertilised embryos and micromanipulated embryos. It also amended the conditions to be applied to the donor animals of semen, ova and embryos of animals of the ovine and caprine species.

| (5) | Accordingly, it is necessary to establish new health certificates for imports into the Union of the commodities taking into account the amendments made to Directive 92/65/EEC by Directive 2008/73/EC and Regulation (EU) No 176/2010. |
| --- | --- |

(5)

Accordingly, it is necessary to establish new health certificates for imports into the Union of the commodities taking into account the amendments made to Directive 92/65/EEC by Directive 2008/73/EC and Regulation (EU) No 176/2010.

| (6) | In addition, it is appropriate that consignments of the commodities imported into the Union from Switzerland are accompanied by a health certificate drawn up in accordance with the models used for trade within the Union in semen, ova and embryos of animals of the ovine and caprine species set out in Commission Decision 2010/470/EU of 26 August 2010 laying down model health certificates for trade within the Union of semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species (5), with the adaptations set out in point 7 of Chapter IX(B) of Appendix 2 of Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in Agricultural Products, as approved by Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (6). |
| --- | --- |

(6)

In addition, it is appropriate that consignments of the commodities imported into the Union from Switzerland are accompanied by a health certificate drawn up in accordance with the models used for trade within the Union in semen, ova and embryos of animals of the ovine and caprine species set out in Commission Decision 2010/470/EU of 26 August 2010 laying down model health certificates for trade within the Union of semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species (5), with the adaptations set out in point 7 of Chapter IX(B) of Appendix 2 of Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in Agricultural Products, as approved by Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (6).

| (7) | In the application of this Decision, account should be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (7), as approved by Council Decision 1999/201/EC (8). |
| --- | --- |

(7)

In the application of this Decision, account should be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (7), as approved by Council Decision 1999/201/EC (8).

| (8) | In the application of this Decision, account should also be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (9), as approved by Council Decision 97/132/EC (10). |
| --- | --- |

(8)

In the application of this Decision, account should also be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (9), as approved by Council Decision 97/132/EC (10).

| (9) | In the interest of clarity and consistency of Union's legislation, Decision 2008/635/EC should be repealed and replaced by this Decision. |
| --- | --- |

(9)

In the interest of clarity and consistency of Union's legislation, Decision 2008/635/EC should be repealed and replaced by this Decision.

| (10) | To avoid any disruption of trade, the use of health certificates issued in accordance with Decision 2008/635/EC should be authorised during a transitional period subject to certain consitions. |
| --- | --- |

(10)

To avoid any disruption of trade, the use of health certificates issued in accordance with Decision 2008/635/EC should be authorised during a transitional period subject to certain consitions.

| (11) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(11)

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

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision sets out a list of third countries or parts thereof from which Members States are to authorise the importation into the Union of consignments of semen, ova and embryos of animals of the ovine and caprine species.

It also lays down certification requirements for the importation of those commodities into the Union.

Article 2

Imports of semen

Member States shall authorise imports of consignments of semen of animals of the ovine and caprine species provided that they comply with the following conditions:

| (a) | they come from a third country or part thereof listed in Annex I; |
| --- | --- |

(a)

they come from a third country or part thereof listed in Annex I;

| (b) | they come from an approved semen collection or storage centre listed in accordance with Article 17(3)(b) of Directive 92/65/EEC; |
| --- | --- |

(b)

they come from an approved semen collection or storage centre listed in accordance with Article 17(3)(b) of Directive 92/65/EEC;

| (c) | they are accompanied by a health certificate drawn up in accordance with the following model health certificates set out in Part 2 of Annex II, and completed in accordance with the explanatory notes set out in Part 1 of that Annex:






  (i) | model 1 as set out in Section A, for consignments of semen dispatched from an approved semen collection centre of origin of the semen; |
| --- | --- | --- |

(c)

they are accompanied by a health certificate drawn up in accordance with the following model health certificates set out in Part 2 of Annex II, and completed in accordance with the explanatory notes set out in Part 1 of that Annex:

(i)

model 1 as set out in Section A, for consignments of semen dispatched from an approved semen collection centre of origin of the semen;

| (ii) | model 2 as set out in Section B, for consignments of semen dispatched from an approved semen storage centre. |
| --- | --- |

(ii)

model 2 as set out in Section B, for consignments of semen dispatched from an approved semen storage centre.

However, where specific certification requirements are laid down in bilateral agreements between the Union and third countries, those requirements shall apply.

| (d) | they comply with the requirements set out in the health certificates referred to in point (c). |
| --- | --- |

(d)

they comply with the requirements set out in the health certificates referred to in point (c).

Article 3

Imports of ova and embryos

Member States shall authorise imports of consignments of ova and embryos of animals of the ovine and caprine species provided that they comply with the following conditions:

| (a) | they come from a third country or part thereof listed in Annex III; |
| --- | --- |

(a)

they come from a third country or part thereof listed in Annex III;

| (b) | they come from an approved embryo collection or production team listed in accordance with Article 17(3)(b) of Directive 92/65/EEC; |
| --- | --- |

(b)

they come from an approved embryo collection or production team listed in accordance with Article 17(3)(b) of Directive 92/65/EEC;

| (c) | they are accompanied by a health certificate drawn up in accordance with the model set out in Part 2 of Annex IV, and completed in accordance with the explanatory notes set out in Part 1 of that Annex.
  However, where specific certification requirements are laid down in bilateral agreements between the Union and third countries, those requirements must apply. |
| --- | --- |

(c)

they are accompanied by a health certificate drawn up in accordance with the model set out in Part 2 of Annex IV, and completed in accordance with the explanatory notes set out in Part 1 of that Annex.

However, where specific certification requirements are laid down in bilateral agreements between the Union and third countries, those requirements must apply.

| (d) | they comply with the requirements set out in the health certificate referred to in point (c). |
| --- | --- |

(d)

they comply with the requirements set out in the health certificate referred to in point (c).

Article 4

General conditions concerning the transport of consignments of semen, ova and embryos to the Union

1.   Consignments of semen, ova and embryos of animals of the ovine and caprine species shall not be transported in the same container as other consignments of semen, ova and embryos that:

| (a) | are not intended for introduction into the Union, or |
| --- | --- |

(a)

are not intended for introduction into the Union, or

| (b) | are of a lower health status. |
| --- | --- |

(b)

are of a lower health status.

2.   During transport to the European Union, consignments of semen, ova and embryos shall be placed in closed and sealed containers and the seal must not be broken during the transport.

Article 5

Repeal

Decision 2008/635/EC is repealed.

Article 6

Transitional provisions

For a transitional period until 31 August 2011, Member States shall authorise imports from third countries of stocks of the following commodities:

| (a) | semen of animals of the ovine and caprine species which were collected, processed and stored in accordance with Directive 92/65/EEC by 31 August 2010 and which are accompanied by a health certificate issued not later than 31 May 2011 in accordance with the model set out in Annex II to Decision 2008/635/EC. |
| --- | --- |

(a)

semen of animals of the ovine and caprine species which were collected, processed and stored in accordance with Directive 92/65/EEC by 31 August 2010 and which are accompanied by a health certificate issued not later than 31 May 2011 in accordance with the model set out in Annex II to Decision 2008/635/EC.

| (b) | ova and embryos of animals of the ovine and caprine species which were collected or produced, processed and stored in accordance with Directive 92/65/EEC by 31 August 2010 and which are accompanied by a health certificate issued not later than 31 May 2011 in accordance with the model set out in Annex VI to Decision 2008/635/EC. |
| --- | --- |

(b)

ova and embryos of animals of the ovine and caprine species which were collected or produced, processed and stored in accordance with Directive 92/65/EEC by 31 August 2010 and which are accompanied by a health certificate issued not later than 31 May 2011 in accordance with the model set out in Annex VI to Decision 2008/635/EC.

Article 7

Applicability

This Decision shall apply from 1 September 2010.

Article 8

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 26 August 2010.

For the Commission

John DALLI

Member of the Commission

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

1

(2)  OJ L 206, 2.8.2008, p. 17.

2

(3)  OJ L 219, 14.8.2008, p. 40.

3

(4)  OJ L 52, 3.3.2010, p. 14.

4

(5)  See page 15 of this Official Journal.

5

(6)  OJ L 114, 30.4.2002, p. 1.

6

(7)  OJ L 71, 18.3.1999, p. 3.

7

(8)  OJ L 71, 18.3.1999, p. 1.

8

(9)  OJ L 57, 26.2.1997, p. 5.

9

(10)  OJ L 57, 26.2.1997, p. 4.

10

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ANNEX I

List of third countries or parts thereof from which Member States are to authorise imports of consignments of semen of animals of the ovine and caprine species

| ISO Code | Name of the third country | Remarks |
| --- | --- | --- |
| Description of the territory
  (if appropriate) | Additional guarantees |
| AU | Australia | | The additional guarantees as regards testing set out in points II.4.9 and II.4.10 of the health certificate set out in Section A of Part 2 of Annex II are compulsory. |
| CA | Canada | Territory as described in Part 1 of Annex I to Commission Regulation (EU) No 206/2010 (1). | The additional guarantee as regards testing set out in point II.4.9 of the health certificate set out in Section A of Part 2 of Annex II is compulsory. |
| CH | Switzerland (2) | | |
| CL | Chile | | |
| GL | Greenland | | |
| HR | Croatia | | |
| IS | Iceland | | |
| NZ | New Zealand | | |
| PM | Saint Pierre and Miquelon | | |
| US | United States | | The additional guarantee as regards testing set out in point II.4.9 of the health certificate set out in Section A of Part 2 of Annex II is compulsory. |

ISO Code

Name of the third country

Remarks

Description of the territory

(if appropriate)

Additional guarantees

AU

Australia

The additional guarantees as regards testing set out in points II.4.9 and II.4.10 of the health certificate set out in Section A of Part 2 of Annex II are compulsory.

CA

Canada

Territory as described in Part 1 of Annex I to Commission Regulation (EU) No 206/2010 (1).

The additional guarantee as regards testing set out in point II.4.9 of the health certificate set out in Section A of Part 2 of Annex II is compulsory.

CH

Switzerland (2)

CL

Chile

GL

Greenland

HR

Croatia

IS

Iceland

NZ

New Zealand

PM

Saint Pierre and Miquelon

US

United States

The additional guarantee as regards testing set out in point II.4.9 of the health certificate set out in Section A of Part 2 of Annex II is compulsory.

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(1)  OJ L 73, 20.3.2010, p. 1.

(2)  Certificates in accordance with the Agreement between the European Community and the Swiss Confederation on trade in agricultural products as approved by Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Federation (OJ L 114, 30.4.2002, p. 132).

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ANNEX II

PART 1

Explanatory notes for the certification

| (a) | The health certificates shall be issued by the competent authority of the exporting third country, in accordance with the model set out in Part 2 of Annex II.
  If the Member State of destination requires additional certification requirements, attestations to certify that those requirements are fulfilled shall be also incorporated in the original form of the health certificate. |
| --- | --- |

(a)

The health certificates shall be issued by the competent authority of the exporting third country, in accordance with the model set out in Part 2 of Annex II.

If the Member State of destination requires additional certification requirements, attestations to certify that those requirements are fulfilled shall be also incorporated in the original form of the health certificate.

| (b) | The original of the health certificate shall consist of a single sheet of paper, or, where more text is required, it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible. |
| --- | --- |

(b)

The original of the health certificate shall consist of a single sheet of paper, or, where more text is required, it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible.

| (c) | Where the model health certificate states that certain statements shall be kept as appropriate, statements which are not relevant, may be crossed out and initialled and stamped by the certifying officer, or completely deleted from certificate. |
| --- | --- |

(c)

Where the model health certificate states that certain statements shall be kept as appropriate, statements which are not relevant, may be crossed out and initialled and stamped by the certifying officer, or completely deleted from certificate.

| (d) | The health certificate shall be drawn up in at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the European Union and of the Member State of destination. However, those Member States may authorise the certificate to be drawn up in the official language of another Member State, and accompanied, if necessary, by an official translation. |
| --- | --- |

(d)

The health certificate shall be drawn up in at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the European Union and of the Member State of destination. However, those Member States may authorise the certificate to be drawn up in the official language of another Member State, and accompanied, if necessary, by an official translation.

| (e) | If for the reasons of identification of the items of the consignment (schedule in Box I.28 of the model health certificate), additional sheets of paper are attached to the health certificate, those sheets of paper shall also be considered as forming part of the original of the health certificate by application of the signature and stamp of the certifying officer, on each of the pages. |
| --- | --- |

(e)

If for the reasons of identification of the items of the consignment (schedule in Box I.28 of the model health certificate), additional sheets of paper are attached to the health certificate, those sheets of paper shall also be considered as forming part of the original of the health certificate by application of the signature and stamp of the certifying officer, on each of the pages.

| (f) | When the health certificate, including additional schedules referred to in (e), comprises more than one page, each page shall be numbered (page number) of (total number of pages), at the end of the page and shall bear the certificate reference number that has been designated by the competent authority on the top of the pages. |
| --- | --- |

(f)

When the health certificate, including additional schedules referred to in (e), comprises more than one page, each page shall be numbered (page number) of (total number of pages), at the end of the page and shall bear the certificate reference number that has been designated by the competent authority on the top of the pages.

| (g) | The original of the health certificate must be completed and signed by an official veterinarian the last working day prior to loading of the consignment for exportation to the European Union. The competent authorities of the exporting third country shall ensure that certification requirements equivalent to those laid down in Council Directive 96/93/EC (1) are followed.
  The colour of the signature and the stamp of the official veterinarian shall be different to that of the printing on the health certificate. This requirement also applies to stamps other than those embossed or watermarks. |
| --- | --- |

(g)

The original of the health certificate must be completed and signed by an official veterinarian the last working day prior to loading of the consignment for exportation to the European Union. The competent authorities of the exporting third country shall ensure that certification requirements equivalent to those laid down in Council Directive 96/93/EC (1) are followed.

The colour of the signature and the stamp of the official veterinarian shall be different to that of the printing on the health certificate. This requirement also applies to stamps other than those embossed or watermarks.

| (h) | The original of the health certificate must accompany the consignment until it reaches the border inspection post of introduction into the European Union. |
| --- | --- |

(h)

The original of the health certificate must accompany the consignment until it reaches the border inspection post of introduction into the European Union.

| (i) | The certificate reference number referred to in Box I.2 and Box II.a of the model health certificate must be issued by the competent authority of the exporting third country. |
| --- | --- |

(i)

The certificate reference number referred to in Box I.2 and Box II.a of the model health certificate must be issued by the competent authority of the exporting third country.

PART 2

Model health certificates for imports of consignments of semen of animal of the ovine and caprine species

Section A

| MODEL 1 — | Health certificate for semen dispatched from an approved semen collection centre of origin of the semen |
| --- | --- |

MODEL 1 —

Health certificate for semen dispatched from an approved semen collection centre of origin of the semen

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Section B

| MODEL 2 — | Health certificate for semen dispatched from an approved semen storage centre |
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MODEL 2 —

Health certificate for semen dispatched from an approved semen storage centre

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(1)  OJ L 13, 16.1.1997, p. 28.

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ANNEX III

List of third countries or parts thereof from which Member States are to authorise imports of consignments of ova and embryos of animals of the ovine and caprine species

| ISO Code | Name of the third country | Remarks |
| --- | --- | --- |
| Description of the territory

  (if appropriate) | Additional guarantees |
| AU | Australia | | The additional guarantees as regards testing set out in points II.2.6 and II.2.7 of the health certificate set out in Part 2 of Annex IV are compulsory. |
| CA | Canada | Territory as described in Part 1 of Annex I to Commission Regulation (EU) No 206/2010 (1) as last amended. | The additional guarantee as regards testing set out in point II.2.7 of the health certificate set out in Part 2 of Annex IV is compulsory. |
| CH | Switzerland (2) | | |
| CL | Chile | | |
| GL | Greenland | | |
| HR | Croatia | | |
| IS | Iceland | | |
| NZ | New Zealand | | |
| PM | Saint Pierre and Miquelon | | |
| US | United States | | The additional guarantee as regards testing set out in point II.2.7 of the health certificate set out in Part 2 of Annex IV is compulsory. |

ISO Code

Name of the third country

Remarks

Description of the territory

(if appropriate)

Additional guarantees

AU

Australia

The additional guarantees as regards testing set out in points II.2.6 and II.2.7 of the health certificate set out in Part 2 of Annex IV are compulsory.

CA

Canada

Territory as described in Part 1 of Annex I to Commission Regulation (EU) No 206/2010 (1) as last amended.

The additional guarantee as regards testing set out in point II.2.7 of the health certificate set out in Part 2 of Annex IV is compulsory.

CH

Switzerland (2)

CL

Chile

GL

Greenland

HR

Croatia

IS

Iceland

NZ

New Zealand

PM

Saint Pierre and Miquelon

US

United States

The additional guarantee as regards testing set out in point II.2.7 of the health certificate set out in Part 2 of Annex IV is compulsory.

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(1)  OJ L 73, 20.3.2010, p. 1.

(2)  Certificates in accordance with the Agreement between the European Community and the Swiss Confederation on trade in agricultural products as approved by Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Federation (OJ L 114, 30.4.2002, p. 132).

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ANNEX IV

PART 1

Explanatory notes for the certification

| (a) | The health certificates shall be issued by the competent authority of the exporting third country, in accordance with the model set out in Part 2 of Annex IV.
  If the Member State of destination requires additional certification requirements, attestations to certify that those requirements are fulfilled shall be also incorporated in the original form of the health certificate. |
| --- | --- |

(a)

The health certificates shall be issued by the competent authority of the exporting third country, in accordance with the model set out in Part 2 of Annex IV.

If the Member State of destination requires additional certification requirements, attestations to certify that those requirements are fulfilled shall be also incorporated in the original form of the health certificate.

| (b) | The original of the health certificate shall consist of a single sheet of paper, or, where more text is required, it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible. |
| --- | --- |

(b)

The original of the health certificate shall consist of a single sheet of paper, or, where more text is required, it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible.

| (c) | Where the model health certificate states that certain statements shall be kept as appropriate, statements which are not relevant, may be crossed out and initialled and stamped by the certifying officer, or completely deleted from certificate. |
| --- | --- |

(c)

Where the model health certificate states that certain statements shall be kept as appropriate, statements which are not relevant, may be crossed out and initialled and stamped by the certifying officer, or completely deleted from certificate.

| (d) | The health certificate shall be drawn up in at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the European Union and of the Member State of destination. However, those Member States may authorise the certificate to be drawn up in the official language of another Member State, and accompanied, if necessary, by an official translation. |
| --- | --- |

(d)

The health certificate shall be drawn up in at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the European Union and of the Member State of destination. However, those Member States may authorise the certificate to be drawn up in the official language of another Member State, and accompanied, if necessary, by an official translation.

| (e) | If for the reasons of identification of the items of the consignment (schedule in Box I.28 of the model health certificate), additional sheets of paper are attached to the health certificate, those sheets of paper shall also be considered as forming part of the original of the health certificate by application of the signature and stamp of the certifying officer, on each of the pages. |
| --- | --- |

(e)

If for the reasons of identification of the items of the consignment (schedule in Box I.28 of the model health certificate), additional sheets of paper are attached to the health certificate, those sheets of paper shall also be considered as forming part of the original of the health certificate by application of the signature and stamp of the certifying officer, on each of the pages.

| (f) | When the health certificate, including additional schedules referred to in (e), comprises more than one page, each page shall be numbered (page number) of (total number of pages), at the end of the page and shall bear the certificate reference number that has been designated by the competent authority on the top of the pages. |
| --- | --- |

(f)

When the health certificate, including additional schedules referred to in (e), comprises more than one page, each page shall be numbered (page number) of (total number of pages), at the end of the page and shall bear the certificate reference number that has been designated by the competent authority on the top of the pages.

| (g) | The original of the health certificate must be completed and signed by an official veterinarian the last working day prior to loading of the consignment for exportation to the European Union. The competent authorities of the exporting third country shall ensure that certification requirements equivalent to those laid down in Council Directive 96/93/EC (1) are followed.
  The colour of the signature and the stamp of the official veterinarian shall be different to that of the printing on the health certificate. This requirement also applies to stamps other than those embossed or watermarks. |
| --- | --- |

(g)

The original of the health certificate must be completed and signed by an official veterinarian the last working day prior to loading of the consignment for exportation to the European Union. The competent authorities of the exporting third country shall ensure that certification requirements equivalent to those laid down in Council Directive 96/93/EC (1) are followed.

The colour of the signature and the stamp of the official veterinarian shall be different to that of the printing on the health certificate. This requirement also applies to stamps other than those embossed or watermarks.

| (h) | The original of the health certificate must accompany the consignment until it reaches the border inspection post of introduction into the European Union. |
| --- | --- |

(h)

The original of the health certificate must accompany the consignment until it reaches the border inspection post of introduction into the European Union.

| (i) | The certificate reference number referred to in Box I.2 and Box II.a of the model health certificate must be issued by the competent authority of the exporting third country. |
| --- | --- |

(i)

The certificate reference number referred to in Box I.2 and Box II.a of the model health certificate must be issued by the competent authority of the exporting third country.

PART 2

Model health certificate for imports of consigments of ova and embryos of animals of the ovine and caprine species

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(1)  OJ L 13, 16.1.1997, p. 28.

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