Commission Decision
of 30 January 2002
concerning animal health conditions and veterinary certification for imports of live bovine and porcine animals from certain third countries
(notified under document number C(2002) 334)
(Text with EEA relevance)
(2002/199/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(1), as last amended by Directive 97/79/EC(2), and in particular Articles 6, 7, 8 and 11 thereof,
Whereas:
(1) The animal health conditions and veterinary certification for import of domestic animals of the bovine and porcine species from Canada, Switzerland, Iceland, New Zealand, Cyprus and certain European countries were established by Commission Decision 83/494/EEC(3) at last amended by Decision 88/212/EEC(4), Commission Decision 92/460/EEC(5) as last amended by Decision 94/664/EC(6), Commission Decision 92/463/EEC(7) as last amended by Decision 93/469/EEC(8), and Commission Decisions 93/491/EEC(9), 96/650/EC(10), 98/372/EC(11) and 1999/539/EC(12) respectively.
(2) Health protection measures concerning bluetongue in respect of a region of Canada were established by Decision 88/212/EEC.
(3) With a view to the internal market, numerous health measures have been established in the framework of trade within the Community. The realisation of that objective necessitates, in parallel, an adaptation of the animal health conditions required for importation of domestic bovine and porcine animals from third countries.
(4) That adaptation must take into account the different epidemiological situations in the third countries concerned, and indeed in the different parts of their territories. The existence of similar health situations in the various parts of those countries must also be taken into account in establishing a new system of health guarantees. It is, therefore, appropriate to establish different health certificates in accordance with the conditions required for the importation of domestic bovine and porcine animals from those different categories of countries or parts of countries.
(5) In order to clarify and simplify the Community legislation, it is appropriate to group together as far as possible the animal health conditions required for imports of domestic bovine and porcine animals from third countries and to repeal the specific Decisions applying to those countries.
(6) Imports of domestic bovine and porcine animals should not be allowed unless a programme of control of residues in the exporting third country has been approved by the Commission.
(7) The guarantees provided by exporting countries as regards certain diseases should be equivalent to those required for intra-Community trade.
(8) The veterinary authorities of the countries concerned must confirm that for certain prescribed periods their countries or parts of them have been free from the relevant diseases referred to in Article 6 of Council Directive 72/462/EEC and that no vaccinations have been carried out against those diseases during the past 12 months.
(9) Those veterinary authorities must undertake to notify the Commission and the Member States without delay, of the confirmation of the occurrence of any of those diseases above, or of the adoption of vaccination against any of them, or of any proposed changes in their import rules concerning bovine or porcine animals or the semen or embryos thereof. Those authorities should in certain circumstances periodically supply the Commission with updated information on monitoring and disease-control plans for those diseases.
(10) Certificates drawn up by official veterinarians of third countries should comply with certain conditions laid down in Directive 72/462/EEC.
(11) As regards standards of certification, which are necessary for valid certification and to prevent fraud, the rules and principles applied by certifying officers in third countries should provide guarantees which are at least equivalent to those laid down in Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products(13).
(12) Pending the adoption of further measures by the Community, Member States may apply the additional health guarantees applicable for certain diseases in certain parts of the territory of the Community.
(13) Commission Decision 98/372/EC(14), as last amended by Decision 2001/600/EC(15), established inter alia conditions for import of live animals of the swine species from the Czech Republic related to the occurrence of classical swine fever in domestic and feral pigs and its persistence in feral pigs in certain parts of the territory of the Czech Republic.
(14) The Czech authorities have informed the Commission on the results of the plan in force to control and eradicate classical swine fever from their territory, and the results of this plan suggest that classical swine fever is under control.
(15) The Czech authorities have informed the Commission that a surveillance plan will continue to be enforced in their territory to verify any possible reappearance of this disease either in domestic or feral pigs and to ensure the rapid adoption of appropriate disease control measures, if necessary.
(16) It is therefore necessary to amend the conditions for imports of live animals of porcine species from some areas of the Czech Republic to take into account the evolution of the epidemiological situation in relation to classical swine fever.
(17) Following a Community veterinary inspection mission, it appears that the animal health situation in Chile compares favourably with that in the Community in particular concerning porcine diseases.
(18) In addition the competent veterinary authorities of Chile have confirmed that for the prescribed periods their country has been free from the relevant diseases referred to in Article 6 of Directive 72/462/EEC and that no vaccinations have been carried out against those diseases during the past 12 months.
(19) The competent veterinary authorities of Chile have also undertaken to notify the Commission and the Member States without delay, of the confirmation of the occurrence of any of the above diseases, or of the adoption of vaccination against any of them, or of any proposed changes in their import rules concerning porcine animals or the semen or embryos thereof.
(20) In order to ensure acceptable animal health and welfare conditions, imports should be limited to porcines for breeding and production coming by plane, either directly or via countries authorised to import porcines into the Community.
(21) Chile can therefore be authorised to import into the Community live porcine animals for breeding or production purposes.
(22) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
This Decision lays down health and veterinary rules on the importation of the categories of live animals set out in Annex II and coming from the third countries' territories or parts thereof as laid down in Annex I.
Article 2
For the purposes of this Decision the definitions set out or referred to in Article 2 of Directive 72/462/EEC shall apply where appropriate.
Article 3
1. Member States shall authorise the introduction onto their territory of bovine or porcine animals from the territory of origin as described in Annex I only if they comply with the guarantees laid down in the health certificate, drawn up in conformity with Annex III, including the specific conditions required in Annex II and described in Annex IV. These specific conditions must be provided for by the exporting country in section VI of each model of certificate laid down in Annex III.
2. Member States shall authorise the importation from the concerned exporting countries of the domestic animals of the bovine or porcine species indicated in paragraph 1 which have been previously imported into the concerned exporting country:
- only if such animals were imported from the Community, or from a third country included in the list annexed to Council Decision 79/542/EEC(16), in so far as it covers domestic animals of these species, and
- only if the importation was made in accordance with veterinary conditions at least as strict as the requirements of Chapter II of Council Directive 72/462/EEC, including any subsidiary Decisions.
Article 4
1. Member States shall require that when animals are dispatched from an assembly centre, this centre is approved by the competent authority as required by the specific model of certificate applicable, and meets the conditions provided for in Annex VIII.
2. Member States shall require that animals which are submitted to tests referred to in Annex IX, as required by the specific model of certificate applicable, are continuously isolated, under conditions approved by an official veterinarian of the country of origin, from all cloven-hoofed animals not intended for export to the Community or not of equivalent health status to such animals, from the time of the first of such tests to the time of loading.
Article 5
1. Member States shall permit the entry onto their territory, from the third country of origin, of bovine animals only if such animals:
(a) come from regions declared by the veterinary authorities of the country of origin to be officially enzootic bovine leukosis free as laid down in Annex VI;
or
(b) come from herds declared by the veterinary authorities of the country of origin to be officially enzootic bovine leukosis free as defined in Annex VI and have been subjected, within 30 days before export and with negative result, to an individual test for enzootic bovine leukosis;
or
(c) come from herds which are included in an official surveillance system as laid down in Annex VI, for enzootic bovine leukosis, and are consigned directly to a slaughterhouse, are permanently marked as described in Annex VII, and are slaughtered within five working days of their arrival there.
In the case of the animals referred to in (c), Member States shall ensure, by inspection, that such animals are clearly identified, shall supervise them until slaughter, and shall take all measures to prevent contamination of indigenous herds.
2. Member States shall make the introduction onto their territory of pigs from the country of origin subject to a guarantee that they have not been vaccinated against classical swine fever.
3. Member States shall make the introduction onto their territory of cloven-hoofed animals from the country of origin subject to a guarantee that they have not been vaccinated against foot-and-mouth disease.
Article 6
Member States shall apply the additional health guarantees provided for certain parts of the territory of the Community in accordance with the Decisions listed in Annex V, pending the entry into force of further measures adopted by the Community for the eradication, prevention or control of a contagious or infectious bovine or porcine disease covered by those Decisions.
Article 7
1. Member States shall make the introduction of bovine or porcine animals onto their territory subject to the submission of a veterinary certificate.
2. The veterinary certificate shall consist of a single sheet or, where more than a page is required, shall be in such a form that any two or more pages are part of an integrated whole and indivisible; each certificate shall bear a coded number on each page. This number shall be issued by the central competent authority. The health certificate shall be signed by an official veterinarian designated by the central competent authority The signature and the stamp on the certificate must be in a colour different to that of the printing.
3. The original completed veterinary certificate shall be drawn up in at least the official languages of the Member State of destination and of the Member State in which the import inspection at the border inspection post is carried out.
4. The original completed veterinary certificate shall be presented with the animals at the border inspection post.
Article 8
The operation of this Decision shall be reviewed in the light of the changing animal health situation in the Community and in the third countries concerned.
Article 9
Decisions 83/494/EEC, 88/212/EEC, 92/460/EEC, 92/463/EEC, 93/491/EEC, 96/650/EC and 98/372/EC are repealed.
Article 10
This Decision shall apply from the sixtieth day following that of its publication in the Official Journal of the European Communities.
Article 11
This Decision is addressed to the Member States.
Done at Brussels, 30 January 2002.