COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
on the conditions for the entry into the Union of live equidae and of their semen, ova and embryos
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC, and in particular Articles 3(2) and 9(1)(c) thereof,
Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC, and in particular Article 17(3) thereof,
Having regard to Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae, and in particular Article 2(i), Article 12(1), (4) and (5), Article 13(2), Articles 15, 16, 17 and 19 thereof,
Whereas:
(1)Council Directive 2009/156/EC lays down the animal health reqirements governing imports into te Union of equidae. It provides that only equidae that come from a third country or part of a third country on a list of third countries drawn up in accordance with that Directive, and accompanied by a health certificate corresponding to a model also drawn up in accordance with that Directive, may be imported into the Union. The health certificate must attest that the equidae comply with the health conditions set out in accordance with that Directive in the corresponding animal health certificate.
(2)The list of third countries from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species and the regionalisation of certain of those third countries should be established on the basis of the animal health status of those third countries and be based on the list of third countries and parts of the territory of third countries set up in Commission Decision 2004/211/EC.
(3)The animal health requirements laid down in this Regulation should be based on a risk assessment. The principles of grouping countries in health zones according to common risks have proven to be effective. However, as the word "zones" suggests certain contiguity and certain risks of the same kind may prevail in distant areas, countries should be assigned to specific "sanitary groups".
(4)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. It provides that 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.
(5)Directive 92/65/EEC, as amended by Council Directive 2008/73/EC, 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. The list is available at the Commission website.
(6)Annex D to Directive 92/65/EEC sets out certain requirements for semen, ova and embryos of equidae. It provides for rules for the approval, supervision and operation of semen collection and storage centres and embryo collection and production teams and detailed conditions for the health status of the donor animals.
(7)Accordingly, it is necessary to establish model health certificates for imports into the Union of semen, ova and embryos of animals of the equine species.
(8)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 semen, ova and embryos of equidae collected or produced, processed and stored in accordance with Annex D to Directive 92/65/EEC prior to 1 September 2010.
(9)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.
(10)In order to ensure full traceability of the commodities, model health certificates should be set out in this Regulation 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.
(11)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, 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.
(12)Semen, ova and embryos of animals of the equine species consigned from Canada to the European Union may be accompanied by health certificates 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, as approved by Council Decision 1999/201/EC.
(13)Semen, ova and embryos of animals of the equine species consigned from New Zealand to the European Union may be accompanied by health certificates 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, as approved by Council Decision 97/132/EC.
(14)With the view to simplifying Union legislation, it is appropriate to group together in a single Regulation the animal health and certification requirements applicable for the entry into the Union of consignments of equidae and of semen, ova and embryos of equidae, including the list of third countries and parts of the territory of third countries from which Member States are to authorise the introduction into the Union of such consignments.
(15)In order to preserve the certified health status of equidae during their movement from the exporting third country to the Union, animal health requirements concerning the transport of equidae should be laid down in this Regulation.
(16)Provisions should be made for the quality of health testing and the recording of vaccinations as well as for the event that risk based sampling of equidae in accordance with Commission Decision 97/794/EC, produces results different to those certified by the dispatching third country and where necessary for the confirmation of test results by the European Union reference laboratory for equine diseases other than African horse sickness, designated in accordance with Commission Regulation (EC) No 180/2008.
(17)The tests used for the diagnosis of equine viral arteritis and the categories of male equidae to which the test requirements for equine viral arteritis apply should be defined based on the recommendations of the Scientific Veterinary Committee, which are contained in Decision 95/329/EEC, and the latest recommendations in Chapter 12.9. of the Terrestrial Animal Health Code of the World Organisation for Animal Health (OIE), 2016 Edition.
(18)Additional guarantees which apply to the regionalisation of South Africa in respect of the temporary admission and imports into the Union of registered horses are laid down in the Annex to Commission Decision 2008/698/EC.
(19)A specific model health certificate should be laid down in this Regulation for transit of live equidae from one third country, or part of the territory of a third country, to another third country or to another part of the territory of the same third country.
(20)For the controls necessary to ensure a uniform implementation by Member States of the provisions on temporary admission of registered horses, the re-entry of registered horses after temporary export, the transit of equidae and the conversion of temporary admission of registered horses into permanent entry, it is necessary to lay down specific and additional provisions on the use of the integrated computerised veterinary system "TRACES" provided for in Commission Decisions 2003/24/EC and 2004/292/EC from the veterinary border inspection post of entry, approved in accordance with Commission Decision 2009/821/EC til the exit point from the Union.
(21)In the interests of consistency and simplification of Union legislation, the format of the model health certificates for entry into the Union of equidae and of semen, ova and embryos of the equidae should based on the standard models for animal health certificates set out in Annex I to Commission Decision 2007/240/EC.
(22)Provisions should be made to determine, in accordance with Article 19(c) of Directive 2009/156/EEC, the conditions for converting temporary entry into permanent entry including the necessary information in TRACES and the exchange of the Common Veterinary Entry Document (CVED) laid down in accordance with Commission Regulation (EC) No 282/2004.
(23)Specific animal health conditions should be laid down for the re-entry of registered horses after temporary export to third countries in order to participate in races, competitions and cultural events, and the corresponding model certificates should be set out in an Annex to this Regulation.
(24)Commission Decision 93/444/EEC defines the "exit point" and requires, inter alia, that animals destined for export to a third country are, on their way to the exit point, to be accompanied by an animal health certificate applicable at least to trade in animals for slaughter of the species concerned. It also requires the competent authority at the place of dispatch to notify the exit point of the intended movement. It is necessary to clarify in this Regulation that the health certificate referred to in Article 2(1) of Decision 93/444/EEC is, also in the case of registered horses intended for temporary export, the health certificate in Annex III to Directive 2009/156/EC and not, as it is otherwise required for intra-Union trade in registered equidae, the attestation set out in Annex II to that Directive.
(25)Commission Decisions 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC, 93/509/EEC, 94/699/EC, 95/329/EC, 97/36/EC, 2003/13/EC, 2004/211/EC, 2010/57/EC and 2010/471/EU should be repealed.
(26)In order to enable economic operators to adapt to the new rules laid down in this Regulation, it is appropriate to provide for a transitional period during which Member States are to authorise the entry into the Union of equidae and semen, ova and embryos of equidae which comply with the conditions set out in the model health certificates applicable before the date of application of this Regulation.
(27)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Section 1
Subject matter, scope and definitions
Article 1
Subject matter and scope
This Regulation establishes the list of third countries and parts of the territory of third countries from which the entry into the Union of consignments of equidae and of their semen, ova and embryos is authorised.
It also lays down the animal health and veterinary certification requirements applicable to those consignments.
Article 2
Definitions
The following definitions shall apply:
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(a)
'regionalisation'
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means the offical recognition of part of the territory of a third country with precise geographical deliminations, containg an equidae subpopulation with a distinct health status with repsect to one or more specific diseases and subject to apprpriate surveillance, disease control and biosecurity measures;
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(b)
'identification document'
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means any document which may be used to prove the identity of an equine animal and which includes at least:
(i)
a verbal and pictural description of the animal;
(ii)
a reference to specific marks, characteristics or identifiers which establish an unabiguous link between the animal and the document;
(iii)
the information set out in points 1, 2, 3, 6, 7, 8, 9 and 10 of Part A and in points 12 to 18 in Part B of Section 1 of Annex I to Commission Implementing Regulation (EU) 2015/262;
(iv)
for the purpose of this Regulation, the information on previously applied vaccinations and health testing;
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(c)
'registered horse'
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means an animal of the species Equus caballus registered as defined in Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae, identified by means of an identification document issued by:
(i)
the breeding authority or any other competent authority of the country where the animal originated which manages the studbook or register for that breed of animal; or
(ii)
any international association or organisation which manages horses for competition or racing;
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(d)
'entry' or 'entering'
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means the action of moving equidae or their semen, ova or embryos into one of the territories listed in Annex I to Directive 97/78/EC (“the Union”);
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(e)
'type of entry'
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means respectively the temporary admission, the re-entry after temporary export, imports and transit;
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(f)
'temporary admission'
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means the status of a registered horse originating in a third country and moved into the Union territory for a period of less than 90 days;
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(g)
'temporary export'
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means the movement out of the Union for a period of less than 90 days;
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(h)
're-entry'
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means the movement from a third country into the Union after temporary export from the Union;
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(i)
'imports'
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means the movement of a consignment of equidae or their semen, ova or embryos into the Union for an undetermined period;
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(j)
'category of equidae'
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means respectively registered equidae, equidae for slaughter and equidae for breeding and production as defined in Article 2 of Directive 2009/156/EC, and registered horses;
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(k)
'ova'
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means the haploid stages of the ootidogenesis including secondary oocytes and ova;
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(l)
'isolation'
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means the separation for a specified period of equidae from other animals to prevent the transmission through direct or indirect contact of specified pathogen(s), while the animals are undergoing observation and, if appropriate, testing and treatment under the supervision of the veterinary authority;
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(m)
'quarantine'
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means the isolation of equidae on premises operated in accordance with specific biosecurity rules under the control of the veterinary authority;
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(n)
'vector-protected quarantine'
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means the quarantine of equidae on dedicated premises that are screened against the intrusion of relevant vectors and are included in a system of vector surveillance within the premises and of measures to limit the presence of relevant vectors around the premises, and may include exercise of the quarantined animal under official supervision during the vector-low period of the day and subject to application of insecticides and insect repellents and where possible body-coverage;
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(o)
'vector-proof quarantine'
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means the quarantine of equidae in a sealed building which is furnished with positive pressure ventilation and filtered air inlets and is only accessible through a double-door-entry-exit system and which operates a vector surveillance system inside and implements Standard Operating Procedures, including description of back-up and alarm systems, for operation of the quarantine and transport of horses to the place of loading;
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(p)
'TRACES'
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means the integrated computerised veterinary trade, control and expert system provided for in Commission Decisions 2003/24/EC and 2004/292/EC.
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Section 2
List of third countries and parts thereof for the entry into the Union of
equidae and semen, ova and embryos of equidae
Article 3
List of third countries and parts of the territory of third countries
from which the entry of equidae into the Union is authorised
1.Member States shall authorise the entry into the Union of consignments of equidae from the third countries or, where the Union applies regionalisation, parts of the territory of third countries, listed in columns 2 and 4 of the table in Annex I in accordance with the indications set out in that Annex, as follows:
(a)the temporary admission of registered horses as indicated in column 6 of the table set out in Annex I, and accompanied by an individual health certificate completed in accordance with the model health certificate set out in Section A of Part I of Annex II;
(b)the transit of equidae through the Union from one third country or part of the territory of a third country to another third country or to another part of the territory of the same third country as indicated in column 6, 8 or 9 of the table set out in Annex I, and accompanied by an individual health certificate completed in accordance with the model health certificate set out in Section B of Part I of Annex II;
(c)the re-entry of registered horses for racing, competition and cultural events after temporary export as indicated in column 7 of the table set out in Annex I, and accompanied by an individual health certificate completed in accordance with the appropriate model health certificate set out in Section A or B of Part 2 of Annex II;
(d)the import of registered horses as indicated in column 8 of the table set out in Annex I, and accompanied by an individual health certificate completed in accordance with the model health certificate set out in Section A of Part 3 of Annex II;
(e)the import of a consignment of equidae for slaughter as indicated in column 9 of the table set out in Annex I, and accompanied by a health certificate completed in accordance with the model health certificate set out in Section B of Part 3 of Annex II;
(f)the import of registered equidae and equidae for breeding and production as indicated in column 10 of the table set out in Annex I, and accompanied by an individual health certificate completed in accordance with the model health certificate set out in Section A of Part 3 of Annex II.
2.Where indicated in column 16 of the table in Annex I, the competent authority of the third country of dispatch shall apply the additional measures referred to in the respective raw of that table.
Article 4
List of third countries and parts of the territory of third countries
from which the entry into the Union of semen of equidae is authorised
Member States shall authorise the entry into the Union of consignments of semen of equidae from the third countries, or parts of the territory of third countries, listed in columns 2 and 4 of the table in Annex I, as indicated in columns 11, 12 and 13 of that table, and provided that the consignment is
(a)dispatched from a semen collection or storage centre listed in accordance with Article 17(3)(b) of Directive 92/65/EEC;
(b)accompanied by a health certificate completed in accordance with the appropriate model health certificate set out in Part 1 of Annex III.
Article 5
List of third countries and parts of the territory of third countries
from which the entry into the Union of ova and embryos of equidae is authorised
Member States shall authorise the entry into the Union of consignments of ova and embryos of equdiae from the third countries or parts of the territory of third countries, listed in columns 2 and 4 of the table in Annex I, as indicated in column 14 of that table, and provided that the consignement is
(a)dispatched from a embryo collection or production team listed in accordance with Article 17(3)(b) of Directive 92/65/EEC;
(b)accompanied by a health certificate completed in accordance with the appropriate model health certificate set out in Part 2 of Annex III.
Section 3
General animal health and certification requirements for the entry into the Union of consignments of equidae and of semen, ova and embryos of equidae
Article 6
Certification
1.The health certificates, as provided for in Articles 3, 4 and 5, shall be produced, drawn up and issued in accordance with
(a)the applicable supplementary guarantees or conditions indicated in column 16 of Annex I
(b)the explanatory notes provided for in Part 4 of Annex II and Part 3 of Annex III respectively.
2.The provisions of paragraph 1 shall not preclude the use of electronic certification or other agreed systems, whenever harmonised procedures at Union level have been established.
Article 7
Period of validity of animal health certificates
1.The operator of a consignment of equidae, their semen, ova or embryos shall ensure that the consignment is presented to a veterinary border inspection post authorised for the consignment concerned not later than 10 days of being certified in the dispatching third country.
2.In the case of transport of equidae by sea, the period of 10 days referred to in paragraph 1 is prolonged, subject to compliance with relevant animal welfare provisions, by the time of the sea voyage.
Section 4
Requirements for the transport of equidae intended for entry into the Union
Article 8
General animal health requirements
for the transport of consignments of equidae intended for entry into the Union
1.The operator of a consignment of equidae intended for the entry into the Union shall ensure that the those equidae are
(a)transported in a means of transport carrying only equidae that are destined for the Union or are accompanied by a health certificate required for transit through the Union from one third country or part of the territory of a third country to another third country or to another part of the same third country;
(b)transported in a means of transport carrying only equidae of the same certified health status, except where otherwise authorised in the specific animal health requirements set out in Sections A and B of Part 1 and in Section A of Part 3 of Annex II;
(c)transported on road or railway or moved on foot only in a third country or that part of the territory of a third country that is authorised for at least one type of entry of at least one category of equidae.
2.The operator of a consignment of equidae intended for the entry into the Union shall ensure that:
(a)the crates, containers or jet-stalls and the means of transport or the transport compartment of the means of transport in which equidae will be transported are cleansed and disinfected prior to loading of the animals with a disinfectant officially recognised in the country of dispatch;
(b)the means of transport used for road or railway transport are designed, constructed and operated to prevent the escape of feaces, urin and fodder during the intended journey;
(c)measures are applied to protect the animals from attacks of insect vectors of diseases transmissible to equidae, which shall include the netting of the crates, containers or jet-stalls, forced ventilation and keeping the transport compartment closed, except during loading, unloading or attendance of the animals.
3.The operator of a consignment of equidae intended for the entry into the Union shall ensure that those equidae are during the journey only unloaded in a third country or that part of the territory of a third country that is authorised for the entry of equidae into the Union in accordance with Annex I.
Article 9
Specific animal health requirements for the transport by air
of consignments of equidae intended for entry into the Union
1.The operator of a consignment of equidae intended for the entry into the Union by air shall ensure that:
(a)the crates, containers or jet-stalls and the surrounding airspace in the transport compartment are sprayed with an appropriate insect repellent in combination with an insecticide immediately after the closing of the doors of the aircraft;
(b)the captain of the aircraft complets and signs the declaration set out in Section A of Part 2 of Annex IV.
2.By way of derogation from paragraph 3 of Article 8, a direct transhipment from one aircraft to another aircraft may take place in a country not listed in Annex I, provided:
(a)the transhipment is carried out on the same airport under direct veterinary supervision;
(b)the equidae are during the transhipment protected from attacks by insect vectors of diseases transmissible to equidae.
Article 10
Specific animal health requirements for the transport by sea
of consignments of equidae intended for entry into the Union
The operator of a consignment of equidae intended for the entry into the Union by sea shall ensure that:
(a)the vessel is scheduled directly to a port in the Union without calling into a port of a third country or in a part of the territory of a third country not included in Annex I;
(b)the captain of the vessel complets and signs the declaration set out in Section B of Part 2 of Annex IV.
Section 5
General requirements for the testing and vaccination of equidae intended for entry into the Union and of donor equidae whos semen, ova or embryos are
intended for entry into the Union
Article 11
General requirements for laboratory testing required for the certificatoion of consignments of equidae, or their semen, ova or embryos destined for the Union
1.The competent authority in the third coutry of dispatch of equidae or their semen, ova or embryos destined for the Union shall ensure that the laboratory tests provided for in the health certificates set out in Annexes II and III for glanders, dourine, equine infectious anaemia, Venzuelan equine encephalomyelitis, Western and Eastern equine encephalomyelitis, Japanese encephalitis, West Nile Fever, vesicular stomatitis, equine viral arteritis and contagious equine metritis meet at least the sensitivity and specificity requirements laid down for the disease concerned in the respective Chapter of Section 2.5. of the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals, latest edition, of the World Organisation for Animal Health (OIE).
2.The competent authority in the third country of dispatch of equidae destined for the Union shall ensure that the laboratory tests provided for in the health certificates set out in Annex II for African horse sickness are carried out in accordance with Annex IV to Directive 2009/156/EC.
3.The competent authority in the third coutry of dispatch of equidae or their semen, ova or embryos destined for the Union shall ensure that
(a)the tests referred to in paragraphs 1 and 2 are carried out in a laboratory recognised by the competent authority in the third country of dispatch;
(b)the details of sampling and the results of the test are stated as required in the health certificate set out for the consignment concerned in Annex II or III based on the laboratory report made available to the certifying official veterinarian.
Article 12
Testing upon arrival in the Union
1.Where a test carried out in or on behalf of the Member State of entry on a sample taken in accordance with Article 4 of Decision 97/794/EC does not confirm the result of a laboratory test attested in a health certificate accompanying equidae or their semen, ova or embryos to the Union as set out in Annex II or III, the competent authority shall ensure that the test is repeated in the national reference laboratory designated for the disease concerned in accordance with Article 4(1) of Regulation (EC) 882/2004.
2.Where the measures provided for in paragraph 1 do not result in a conclusive outcome of the checks for compliance carried out in accordance with Decision 97/794/EC, the competent authority referred to in paragraph 1 shall ensure that the sample referred to in paragraph 1 is subjected to definitve testing:
(a)for African horse sickness, in the European Union reference laboratory for African horse sickness designated in accordance with Directive 92/35/EEC;
(b)for the diseases referred to in Article 10(1), in the European Union reference laboratory for equine diseases other than African horse sickness, designated in accordance with Regulation (EC) No 180/2008.
Article 13
Application of vaccines and recording of vaccination
1.The competent authority in the third coutry of dispatch of equidae or their semen, ova or embryos destined for the Union shall ensure that the vaccination attested in any of the certificates set out in Annexes II or III is carried out
(a)in accordance with the manufacturers' instructions or national legislation, whatever is stricter;
(b)by use of a licensed vaccine which meets at least the requirements for safety, sterility and efficacy set out for the vaccine concerned in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals, latest edition.
2.Where the competent authority attests that a positive laboratory finding in a serological test for African horse sickness is related to previous vaccination, the vaccination shall be documented in the identification document accompanying the equine animal.
Article 14
Requirements relating to equine viral arteritis
1.Uncastrated male equidae intended for entry into the Union with the exception of those listed in Part 1 of Annex IV shall be subject to tests for equine viral arteritis to ascertain that their semen is free of equine arteritis virus.
2.Vaccination against equine viral arteritis, including the testing required in Part 1 of Annex IV, shall be carried out under official veterinary supervision and shall be repeated at regular intervals according to manufacturer instructions.
3.Test mating as described in point 4(a) of Article 12.9.2. of the Terrestrial Animal Health Code of the World Organisation for Animal Health (OIE) is considered equivalent to the virus isolation test referred to in point 1(a)(iii) of Part 1 of Annex IV to this Regulation to prove absence of the equine arteritis virus in semen.
4.In order to prove a valid vaccination against equine viral arteritis, an uninterrupted history of a primary course according to one of the vaccination schemes provided for in Part 1 of Annex IV and regular revaccination according to manufacturers’ recommendations and in any case at intervals of not more than 12 months, shall be documented in the identification document accompanying the equine animal.
Section 6
Identification of equidae intended for entry into the Union
Article 15
Identification of equidae intended for entry into the Union
1.Equidae intended for the entry into the Union shall be individually identified so as to ensure an unequivocal correspondence between the animal and its certified health status.
That identification shall comply with
(a)either the requirements of Article 14 of Commission Implementing Regulation (EU) 2015/262; or
(b)provide at least the information detailed in points 1, 2, 3, 6, 7, 8, 9 and 10 of Part A and in points 12 to 18 in Part B of Section 1 of Annex I to that Regulation.
2.Equidae for slaughter imported into the Union shall be marked with an electronic transponder or an eartag, the number of which shall be recorded in the health certificate accompanying individual animals during transport.
3.By way of derogation from paragraph 2, equidae for slaughter consigned directly to the slaughterhouse of destination may be marked individually by an alternative method indicated in the animal health certificate provided they bear on the hoof of the left front leg a clear and indelible hot-branded ‘S’ of a size not less than half the length of the hoof wall.
Section 7
Specific animal health and certification requirements for entry into the Union of consignments of equidae
Article 16
Measures taken by the competent authorities to ensure
traceability of a temporarily admitted registered horse
1.The competent authority at the veterinary border inspection post of entry, approved in accordance with Commission Decision 2009/821/EC, shall:
(a)retain a copy of the health certificate referred to in Article 3(1)(a);
(b)inform the competent authorities at the places of destinations declared in the health certificate referred to in Article 3(1)(a) by checking the appropriate entry in Part III of the corresponding common veterinary entry document (CVED);
(c)inform the border inspection post of exit or the competent authority of the exit point declared in the health certificate referred to in Article 3(1)(a) by checking the appropriate entry in Part III of the corresponding CVED.
2.Where a registered horse is to be moved during its temporary admission from one Member State to another Member State, the competent authority of the place of dispatch shall:
(a)provided the conditions are fulfilled, issue an animal health certificate in accordance with Annex III to Directive 2009/156/EC and enter in Box I.6. of that certificate references to the health certificates referred to in Article 3(1)(a) of each temporarily admitted registered horse forming the consignment;
(b)indicate in Part III of the corresponding CVED the need for follow-up by the competent authority of the place of destination in the other Member State;
(c)inform the competent authority of the place of destination through TRACES of the intended movement of the consignment of registered horses.
3.The competent authority which certifies the temporarily admitted registered horse to the third country of origin or to another third country, shall inform the border inspection post of exit or the competent authority of the exit point, including those referred to in paragraph 2(c), by checking the appropriate entry in Part III of the corresponding CVED.
Article 17
Responsibilities of the operator of a temporarily admitted registered horse
1.The operator of a registered horse temporarily admitted into the Union, as identified on the CVED referred to in Article 16(1)(b), shall ensure that the following conditions are met:
(a)the registered horse shall be accompanied at any time during its temporary admission by its original health certificate referred to in Article 3(1)(a) and by the CVED issued by the veterinary border inspection post of entry into the Union;
(b)the registered horse shall remain in the respective Member State and on the premises stated in the declaration forming part of the health certificate;
(c)where the registered horse is to be moved to another Member State, it shall be accompanied by an animal health certificate in accordance with Annex III to Directive 2009/156/EC;
(d)the registered horse shall leave the Union through a veterinary border inspection post or the exit point indicated in the health certificate referred to in in Article 3(1)(a) not later than 89 days following the date of entry into the Union indicated on the corresponding CVED and recorded in TRACES.
2.The operator referred to in paragraph 1 shall remain responsible for the movement of the registered horse during its temporary admission in the Union and in particular shall inform
(a)the veterinary border inspection post of entry and the local competent authority regarding any changes to be made, by way of derogation from paragraph 1(b), to the movement itinerary declared in the health certificate referred to in in Article 3(1)(a);
(b)the local competent authority of the point of exit regarding the date and exit point when the temporarily admitted registered horse is to leave the Union;
(c)the local competent authority responsible for the holding regarding the death or loss of the registered horse or any emergency, such as health conditions requiring veterinary attention, beyond the 89 days of temporary admission.
Article 18
Re-entry after temporary export of registered horses temporarily admitted into the Union
Registered horses temporarily admitted into the Union may be authorised for re-entry after temporary export to a third country or part of the territory of a third country authorised for the re-entry of registered horses to take part in specific races, competitions or cultural events for which model health certificates for re-entry into the Union are laid down in accordance with Article 20(3), provided that:
(a)the official veterinarian issuing the export certificate notifies by means of TRACES and with reference to the CVED referred to in Article 16(1)(b) the veterinary border inspection post of the scheduled re-entry in accordance with Article 20(2);
(b)the registered horse re-enters the Union within less than 90 days following the date of entry into the Union indicated on the CVED referred to in Article 16(1)(b).
Article 19
Conversion of temporary admission into permanent entry
and death or loss of registered horse
1.The competent authority of a Member State may, on application by the owner or the representative of the owner of the registered horse, convert the temporary admission of a registered horse into a permanent entry subject to compliance with the following conditions:
(a)it has carried out with satisfactory results the checks necessary to verify compliance with the test and vaccination requirements for imports of registered horses from the third country or part of the territory of a third country concerned set out in Part 3 of Annex II,
(b)it has replaced the CVED referred to in Article 16(1)(b) and issued a new CVED, with reference to the former CVED, reflecting the converted status of the registered horse;
(c)it has requested the veterinary border inspection post of entry into the Union referred to in Article 16(1) to terminate the temporary admission in TRACES.
2.The competent authority converting the temporary admission of a registered horse into a permanent entry as provided for in paragraph 1 shall ensure that the registered horse remains under official veterinary supervision in that Member State until three months have elapsed from the date of its entry into the Union.
3.The operator of the registered horse shall ensure that during the period of convertion:
(a)regular visits by a veterinarian are carried out and recorded to check the registered horse for clinical signs of possible infectious diseases;
(b)records are kept on the movement of the registered horse and on movements of equidae on and off the holding where it is kept;
(c)an application is made in accordance with Article 15(1) of Implementing Regulation (EU) 2015/262 for the issuing of an identification document or the adaptation of an existing identification document.
4.In the case of death or loss of a registered horse temporarily admitted into the Union, the official veterinarian of the place of death or loss shall request by means of TRACES the veterinary border inspection post of entry into the Union referred to in Article 16(1) to terminate the temporary admission in TRACES.
Article 20
Specific animal health conditions regarding the re-entry of registered horses after temporary export for races, competition and cultural events
1.Member States shall authorise the re-entry of registered horses subject to compliance with the following conditions:
(a)the registered horse has remained outside the Union for not more than 30 days, unless specifically provided for in paragraph 3;
(b)the registered horse neither has been resident in nor has transited on land through any third country or part of the territory of a third country that is not assigned to the same sanitary group as the third country or part of the territory of a third country in which the health certificate in accordance with Section A of Part 2 of Annex II has been signed by the official veterinarian;
(c)the health certificate for temporary export signed by the offical veterinarian in the Member State of origin, or an authorised copy thereof, is presented on request of the veterinary border inspection post of re-entry into the Union.
2.The competent authority certifying a registered horse for temporary export to a third country shall ensure that in application of Article 2(1) of Decision 93/444/EEC the registered horse is accompanied until the exit point in another Member State by a health certificate in accordance with Annex III to Directive 2009/156/EC.
3.The re-entry after temporary export for a period of more than 30 days of registered horses taking part in specific races, competitions and cultural events is subject to specific animal health requirements as contained in the corresponding model health certificates provided for Section B of Part 2 of Annex II in respect of the relevant event.
4.The operator responsible for the consignment shall ensure that during the temporary export the registered horse neighter has been resident in nor has transited on land through any third country or part of the territory of a third country that is not assigned to the same sanitary group as the third country or part of the territory of a third country in which the health certificate in accordance with Section A of Part 2 of Annex II has been signed by the official veterinarian.
Article 21
Specific animal health conditions regarding imports of equidae for slaughter
1.The operator of a cosignment of equidae for slaughter shall ensure that after the checks carried out at the veterinary border inspection post of entry into the Union, the animals
(a)are either conveyed directly, without delay and without coming into contact with equidae of a different health status, to the slaughterhouse of destination where they shall be slaughtered within 72 hours of arrival at the slaughterhouse, or
(b)pass through a single approved market or marshalling centre referred to in Article 7(1) of Directive 2009/156/EC as indicated in the health certificate referred to in Article 3(1)(e), from where they are to be removed after the market directly to a slaughterhouse to be slaughtered, as soon as possible, but at the latest within five working days of arrival in the Union without coming into contact with equidae of a different health status.
Section 8
Transitional and final provisions
Article 22
Transitional provisions
For a transitional period until […], Member States shall authorise the entry into the Union of consignments of equidae and of semen, ova and embryos of equidae in accordance with the model health certificates applicable before the date of application of this Regulation.
Article 23
Repeals
Decisions 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC, 94/699/EC, 95/329/EC, 2003/13/EC, 2004/177/EC, 2004/211/EC, 2010/57/EC and 2010/471/EU are hereby repealed.
Article 24
Application date
This Regulation shall enter into force on the […] day following that of its publication in the Official Journal of the European Union.
It shall apply from […] .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Commission
The President
Jean-Claude JUNCKER
