2004/825/EC: Commission Decision of 29 November 2004 on protection measures with regard to imports of equidae from Romania (notified under document number C(2004) 4440)Text with EEA relevance
Date: 2004-11-29
Institutions: European Commission
Subjects: Romania, customs document, equidae, import (EU), surveillance concerning imports, transport of animals, veterinary inspection

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Official Journal of the European Union

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COMMISSION DECISION

of 29 November 2004

on protection measures with regard to imports of equidae from Romania

(notified under document number C(2004) 4440)

(Text with EEA relevance)

(2004/825/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

temporary export of registered horses,
equidae for
equidae and equidae for breeding and production.

slaughter and for

for imports of
registered

imports of

Having regard to Council Directive 91/496/EEC of 15 July 1991
laying down the principles governing the organisation of
veterinary checks on animals entering the Community from
third
89/662/EEC,
90/425/EEC and 90/675/EEC (1), and in particular Article
18(7) thereof,

amending Directives

countries

and

Whereas:

(1)

(2)

(3)

Council Directive 90/426/EEC of 26 June 1990 on
animal health conditions governing the movement and
import from third countries of equidae (2) provides, inter
alia, for the definition of categories of equidae and iden-
tification requirements.

The Commission adopted Decision 2004/211/EC of 6
third countries
January 2004 establishing the list of
and parts of
from which Member
States authorise imports of live equidae and semen, ova
the equine species, and amending
and embryos of
Decisions 93/195/EEC and 94/63/EC (3).

territory thereof

In accordance with the aforementioned list, Member
States authorise importation of all categories of equidae
laid down for
from Romania under
group ‘B’
countries
in
Decisions 92/260/EC (4), 93/195/EEC (5), 93/196/EEC (6)
and 93/197/EEC (7)
temporary
respectively
for the re-entry after
admission of registered horses,

the conditions
sanitary

assigned

to the

the

for

(1) OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003

Act of Accession.

(2) OJ L 224, 18.8.1990, p. 42. Directive as last amended by Directive
2004/68/EC (OJ L 139, 30.4.2004, p. 320). Corrigendum to the
Directive (OJ L 226, 25.6.2004, p. 128).

(3) OJ L 73, 11.3.2004, p. 1.
(4) OJ L 130, 15.5.1992, p. 67. Decision as last amended by Decision

2004/241/EC (OJ L 74, 12.3.2004, p. 19).

(5) OJ L 86, 6.4.1993, p. 1. Decision as last amended by Decision

2004/211/EC (OJ L 73, 11.3.2004, p. 1).

(6) OJ L 86, 6.4.1993, p. 7. Decision as last amended by the 2003 Act

of Accession.

(4)

(5)

(6)

(7)

(8)

Decision 93/197/EEC requires for imports of equidae
from certain countries assigned to the sanitary Group
‘B’ that the health tests be carried out in laboratories
approved by the Member State of destination.

Commission Decision 94/467/EC of 13 July 1994 lays
down health guarantees for the transport of equidae from
one third country to another in accordance with Article
9(1)(c) of Directive 91/496/EEC (8).

Commission Decision 2000/68/EC of 22 December
1999 amending Commission Decision 93/623/EEC and
establishing the identification of equidae for breeding and
production (9) requires equidae to be accompanied during
their movement, and in particular during transport to the
slaughterhouse, by an identification document.

follow-up missions of

the Food and
A series of
Veterinary Office carried out
in Romania and the
controls carried out by Member States at approved
border inspection posts repeatedly revealed shortcomings
with regard to the conditions under which equidae from
Romania are prepared for export to the Member States
and transported to destination which were not remedied
according to the
in those
reports.

recommendations made

is

It
therefore necessary to reinforce the measures
adopted to safeguard the health of Community equidae
population and to ensure the animal welfare of equidae
on the territory of Member States by adopting protective
measures laying down a specific regime for imports of
equidae for slaughter and imports of equidae for breeding
and production which originate in Romania and rein-
forcing control measures.

(8) OJ L 190, 26.7.1994, p. 28. Decision as last amended by Decision

(7) OJ L 86, 6.4.1993, p. 16. Decision as last amended by Decision

2001/662/EC (OJ L 232, 30.8.2001, p. 28).

2004/241/EC (OJ L 74, 12.3.2004, p. 19).

(9) OJ L 23, 28.1.2000, p. 72.

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The endorsement by the central competent authority in
Romania of the issued certificates should reinforce the
assurances given in particular pursuant
to Article
12(2)(d) of Directive 90/426/EEC.

— the import of consignments of equidae for direct slaughter

in accordance with Article 2,

(9)

(10)

(11)

(12)

Improved identification of equidae and testing in labora-
tories approved by the Member State of destination of
equidae imported from Romania into the Community
should also contribute to the sound enforcement of the
import regime.

In order to follow up the situation and with a view to
withdrawing the measures,
is necessary to receive
regularly information on the findings of checks carried
out at approved border inspection posts or during a
period of residence in the Member State of destination.

it

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

1. Member States shall prohibit importation of equidae origi-
nating in or coming from Romania, unless otherwise provided
for in this Decision.

The prohibition referred to in paragraph 1 shall not apply

2.
to:

— the temporary admission in accordance with Decision
92/260/EEC, and permanent
in accordance with
Decision 93/197/EEC, of registered horses from Romania,

import

— the re-entry in accordance with Decision 93/195/EEC of
competition and cultural
racing,

registered horses
for
events, after temporary export to Romania,

— the transport of equidae from Romania to another third

country in accordance with Decision 94/467/EC,

— the transport of equidae in accordance with Article 6 of
Decision 2004/211/EC from other third countries through
the territory of Romania into the European Community,

— the permanent

import of

equidae

for breeding and

production in accordance with Article 3.

Article 2

Member States of final destination shall authorise imports from
Romania of equidae for direct slaughter under the following
conditions:

1. the consignment of animals is accompanied by a single duly
completed veterinary certificate in accordance with Annex I
to this Decision, which shall be endorsed by the central
competent authority in Romania;

2.

in addition to the hot-branded ‘S’ of at least 3 cm size on the
left front leg hoof, each animal is actively marked with an
injectable electronic identifier (transponder) complying with
the ISO 11784 and ISO 11785 standards and injected in the
upper-central part of the left side of the neck;

3. each animal

is identified and accompanied by an identifi-
cation document
to this
Decision, stating in particular the number of the electronic
referred to in paragraph 2 and indicating its
identifier
implantation place;

in accordance with Annex II

4. the laboratory tests required in accordance with the certi-
ficate referred to in paragraph 1 have been carried out by
a laboratory approved by the Member State of destination,
on samples clearly identified with a reference to the number
displayed by the electronic identifier referred to in paragraph
2. The test
results certified by the laboratory shall be
attached to the animal health certificate accompanying the
animals.

Article 3

Member States of final destination shall authorise imports from
Romania of equidae for breeding and production under the
following conditions:

1. each individual animal is accompanied by a duly completed
veterinary certificate in accordance with Annex III to this
Decision, which
central
competent authority in Romania;

endorsed

shall

the

by

be

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2. each animal is actively marked with an injectable electronic
identifier (transponder) complying with the ISO 11784 and
ISO 11785 standards and injected in the upper-central part
of the left side of the neck;

(a) equidae for direct slaughter imported in accordance with
Article 2 are conveyed directly to the slaughterhouse of
destination where they shall be slaughtered within 72
hours and not
in the
Community;

later than five days after arrival

3. each animal

is identified and accompanied by an identifi-
cation document
to this
Decision, stating in particular the number of the electronic
referred to in paragraph 2 and indicating its
identifier
implantation place;

in accordance with Annex II

4. the laboratory tests required in accordance with the certi-
ficate referred to in paragraph 1 have been carried out by
a laboratory approved by the Member State of destination on
samples clearly identified with a reference to the number
displayed by
referred to in
paragraph 2. The test results certified by the laboratory
shall be attached to the animal health certificate accom-
panying the animal.

electronic

identifier

the

Article 4

1. Member States carrying out the checks provided for in
Article 4 of Directive 91/496/EEC upon introduction into the
Community shall not refuse entry on Community territory:

the readable electronic identifier

(a) of a consignment of equidae for direct slaughter which
entirely complies with the conditions in Article 2, and in
requirement,
particular
provided that
the competent authority in the Member
State of final destination has communicated its acceptance
of this consignment and at least the details of points 1, 2, 5,
6 and 8.5 of the certificate referred to in Article 2(1) to the
border
in the port of entry onto the
territory of the European Community;

inspection post

(b) of equidae for breeding and production complying with the
the competent
in Article 3, provided that
conditions
authority in the Member State of
final destination has
communicated its general acceptance of such imports to
the competent authority of the Member State responsible
for the border inspection post in the port of entry onto the
territory of the European Community.

checks upon introduction of

The competent authority of the Member State responsible
2.
for
into the
the
Community shall provide to the Commission at the latest on
25th of each month a report in accordance with the format of
Annex IV for each entry point concerned which shall cover the
checks carried out during the preceding month and the
measures taken to remedy detected animal health and welfare
shortcomings.

equidae

(b) injectable identifiers

for

control purposes,

(transponders) are removed at

the
slaughterhouse of destination and destroyed under official
supervision;
slaughterhouse
operators shall provide the competent authority with a
monthly report indicating for each slaughtered animal the
number of the veterinary certificate, the date of slaughter of
the animal and the date of destruction of the transponder
mentioned on the respective certificates;

the

(c) equidae

for

and

breeding

imported

production

in
accordance with Article 3 remain for the first 30 days
following entry into the Member State of destination on
the holding of destination indicated in the veterinary certi-
ficate referred to in Article 2(1), unless the animal, duly
identified in accordance with Decision 2000/68/EC,
is
moved to the slaughterhouse for
immediate slaughter
under the responsibility of the competent authority.

2.
The competent authority in the Member State of desti-
nation shall carry out the following measures upon arrival at
the slaughterhouse or during the period of residence on the
holding of destination referred to in paragraph 1(c):

(a) a verification of the identity of the animals;

(b) an animal health and welfare inspection;

(c) a randomised repetition of the laboratory tests required in
accordance with the animal health certificates in Annexes I
and III respectively to this Decision;

results

(d) in cases where the tests carried out in accordance with
inconsistent with the
paragraph (c) produce
statement contained in the certificates
referred to in
Article 2(1) and Article 3(1) a mandatory genetic verifi-
cation of the origin of the samples shall be carried out on
least 2
shadow samples which shall be retained for at
months by the laboratory that carried out the first test.

Article 5

1.
The competent authority in the Member State of desti-
nation of equidae referred to in Articles 2 and 3 shall ensure
that:

The competent authority responsible for the checks in
3.
slaughterhouses shall provide to the Commission at the latest
on 25 of each month a report in accordance with the format in
Annex V which shall cover the checks carried out during the
preceding month and the measures taken to remedy detected
animal health and welfare shortcomings.

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Article 6

Article 8

take the necessary measures,

Member States shall
including
where necessary legal provisions, to ensure that the costs of
the
necessary
from
laboratory
Romania in accordance with Articles 2 and 3 of this Decision
are fully borne by the importer.

procedures,
related to imports of

administrative
testing,

any
equidae

including

Article 7

This Decision shall apply from 23 December 2004.

This Decision is addressed to the Member States.

Done at Brussels, 29 November 2004.

For the Commission

David BYRNE
Member of the Commission

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ANNEX I

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ANNEX II

IDENTIFICATION DOCUMENT

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ANNEX III

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ANNEX IV

Report of border inspection posts as referred to in Article 4(2)

Member State:

........................................................................................................................................................................................................

Name of border inspection post:

.....................................................................................................................................................................

Year:

................................................................

Month:

................................................................

Number of equidae
presented for importation

On documentary check

On identity check

On physical check

Animal Health

Animal Welfare

Number of non-compliance (in number of equidae)

ANNEX V

Report of Member States as referred to in Article 5(3)

Member State:

........................................................................................................................................................................................................

Year:

................................................................

Month:

................................................................

Identity
checks

Comparative
testing

Genetic
verifications

Animal welfare
checks

Number of
equidae
received (*)

Number of
equidae
checked
at destination

Total

t
n
a
i
l

p
m
o
c
-
n
o
N

Total

t
n
a
i
l

p
m
o
c
-
n
o
N

Total

t
n
a
i
l

p
m
o
c
-
n
o
N

Total

t
n
a
i
l

p
m
o
c
-
n
o
N

(*) This number corresponds to the number of horses declared to be sent to the Member States of destination through the TRACE or

ANIMO system.