Address https://gelex.eu/eli/EU/decision/2010/57@2010-02-03/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
   3. Article 3

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 Article 9(1)(c) thereof,

Whereas:

(1) Article 4 of Directive 91/496/EEC provides that Member States are to ensure that consignments of animals from third countries are subjected to documentary and identity checks at border inspection posts in order to verify their subsequent destination, particularly in the case of animals in transit. Those border inspection posts are referred to in Annex II to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries.

(2) Article 9(1) of Directive 91/496/EEC provides that Member States are to authorise the transit of animals from one third country to another third country or to the same third country, subject to certain conditions. In particular, point (c) of that Article provides that the checks referred to in Article 4 thereof show that the animals fulfil the requirements of Directive 91/496/EEC or, in the case of animals covered by the Directives referred to in Annex A to Council Directive 90/425/EEC, afford health guarantees that are at least equivalent to those requirements.

(3) Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae is referred to in Annex A to Directive 90/425/EEC. Chapter III of Directive 90/426/EEC lays down the equivalent health guarantees for equidae.

(4) Commission Decision 92/260/EEC of 10 April 1992 on animal health conditions and veterinary certification for temporary admission of registered horses sets out model health certificates for the temporary admission of registered horses into the Union which take account of the different animal health situations in third countries. Those certificates provide for the health guarantees necessary for the transport of equidae from one third country, territory or part thereof to another third country or territory, or another part of the same third country or territory. The health guarantees in those certificates should be considered the reference conditions for the transit of equidae through the Union.

(5) 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 provides that Member States are to authorise the temporary admission and importation of registered horses from the third countries of parts of those third countries listed in Annex I thereto. It also assigns third countries to sanitary groups depending on their animal health situation. Those sanitary groups should be taken into account for the transit of equidae through the Union.

(6) Commission Decision 2008/907/EC of 3 November 2008 laying down health guarantees for the transport of equidae from one third country to another in accordance with Article 9(1)(c) of Council Directive 91/496/EEC provides that equidae on their way from one third country to another third country must come from a third country listed in Annex I to Decision 92/260/EEC. It also provides that such equidae must be accompanied by a certificate entitled Transit certificate for the transport of equidae from one third country to another. That certificate takes account of the model health certificates set out in Decision 92/260/EEC.

(7) Because the animal health guarantees for imports of equidae are at least as strict as those for temporary admission of registered horses, it is appropriate to authorise the transit of equidae being transported through the territories listed in Annex I to Directive 97/78/EC not only from those third countries, territories or parts thereof from which temporary admission of registered horses is authorised pursuant to Decision 2004/211/EC, but also from those third countries, territories or parts thereof from which permanent imports are authorised pursuant to that Decision.

(8) In the interests of clarity of Union legislation, Decision 2008/907/EC should be repealed.

(9) 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

1. Member States shall authorise the transit of equidae being transported through the territories listed in Annex I to Directive 97/78/EC from a third country, territory or part thereof to another, or to the same, third country, territory or part thereof provided that the equidae:

(a) come from a third country, territory or part thereof from which the temporary admission or imports of registered horses are authorised as indicated respectively in columns 6 or 8 of Annex I to Decision 2004/211/EC;

(b) are accompanied by an individual certificate entitled Animal health certificate for the transit of equidae as provided for in paragraph 2.

2. The animal health certificate for the transit of equidae shall comprise:

(a) Sections I, II and III of the appropriate specimen animal health certificate set out in Annex II to Decision 92/260/EEC, except the requirements for equine viral arteritis in point (e)(v) of Section III, corresponding to the sanitary group to which the third country, territory or part thereof of dispatch is assigned in accordance with the indication in column 5 of Annex I to Decision 2004/211/EC; and

(b)IV.V. in addition to the requirements of point (a), the following Sections IV and V: Equidae coming from: … (Insert third country/territory of dispatch) and proceeding to: … (Insert third country/territory of destination) Stamp and signature of the official veterinarian: …

3. In the case of registered horses, by way of derogation from point 2(a), the list of third countries in the third indent of point (d) of Section III of the specimen animal health certificates A to E set out in Annex II to Decision 92/260/EEC shall be replaced by the list of third countries, territories or parts thereof assigned to sanitary groups A to E in column 5 of Annex I to Decision 2004/211/EC.

Article 2

Decision 2008/907/EC is repealed.

Article 3

The Decision is addressed to the Member States.

Done at Brussels, 3 February 2010. For the Commission Androulla Vassiliou Member of the Commission

Versions

1. 2010-02-03

Cited by

• Council Decision (EU) 2017/1391 of 17 July 2017 on the position to be adopted, on behalf of the European Union, within the Sanitary and Phytosanitary Management Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the modification of Annex V to that Agreement Decision · Grade B

  Ukraine undertakes to approximate its legislation to the following Union legislation within the timeframes listed below, in accordance with Article 64(4) of this Agreement. Union legislation Deadline for approximation Chapter I — General legislation (public health) Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC 2016 Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the orga

• Council Decision (EU) 2016/877 of 23 May 2016 on the position to be adopted, on behalf of the European Union, within the Sanitary and Phytosanitary Subcommittee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part Decision · Grade B

  In accordance with Article 181(4) of this Agreement, the Republic of Moldova shall approximate its legislation to the following Union legislation within the timeframes as listed below. Union legislation Deadline for approximation Section 1 — General Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, with the exception of Articles 58, 59 and 62 2016 Commission Regulation (EC) No 1304/2003

• Council Decision 2019/1748 of 7 October 2019 on the position to be taken on behalf of the European Union within the Sanitary and Phytosanitary Management Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the modification of Annex V to Chapter 4 of that Agreement Act · Grade B

  Ukraine undertakes to approximate its legislation to the following Union legislation with the deadlines for adoption as listed below, in accordance with Article 64(4) of this Agreement. Union legislation Deadline for adoption Chapter I – General legislation (public health) 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 2018 Council Directive No 97/78/EC of 18 December 1997 laying down the principles governi

• Commission Implementing Decision (EU) 2015/2217 of 27 November 2015 on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from Libya and Morocco (notified under document C(2015) 8223) (Text with EEA relevance) Decision · Grade B

  In addition, although imports of live animals of species susceptible to foot-and-mouth disease are not authorised from any country in Africa, the importation of certain categories of equidae is authorised from Morocco in accordance with Council Directive 2009/156/EC and equidae from that third country may transit the Union on their way to another third country in accordance with Commission Decision 2010/57/EU. Therefore, Member States should have the possibility to subject livestock vehicles carrying equidae coming from that third country to on-the-spot disinfection of the wheels or any other

• Commission Implementing Decision (EU) 2015/2217 of 27 November 2015 on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from Libya and Morocco (notified under document C(2015) 8223) (Text with EEA relevance) Decision · Grade B

  The competent authority of the Member State of the border inspection post of entry may subject vehicles carrying equidae from Morocco to be introduced into the Union in accordance with the provisions of Directive 2009/156/EC and in case of transit in accordance with Decision 2010/57/EU, for which a significant risk of introduction of foot-and-mouth disease into the territory of the Union cannot be excluded, to on-the-spot disinfection of the wheels or any other part of the vehicle deemed necessary to mitigate that risk.

• Commission Implementing Decision of 29 September 2014 on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from Algeria, Libya, Morocco and Tunisia (notified under document C(2014) 6868) (Text with EEA relevance) (2014/689/EU) Decision · Grade B

  In addition, although imports of live animals of species susceptible to foot-and-mouth disease are not authorised from any country in Africa, the importation of certain categories of equidae is authorised from Algeria, Libya and Tunisia in accordance with Council Directive 2009/156/EC and equidae from those third countries may transit the Union on their way to another third country in accordance with Commission Decision 2010/57/EU. Therefore, Member States should have the possibility to subject livestock vehicles carrying equidae coming from those third countries to on-the-spot disinfection of

• Commission Implementing Decision of 29 September 2014 on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from Algeria, Libya, Morocco and Tunisia (notified under document C(2014) 6868) (Text with EEA relevance) (2014/689/EU) Decision · Grade B

  The competent authority of the Member State of the border inspection post of entry may subject livestock vehicles carrying equidae from Algeria, Libya or Tunisia to be introduced into the Union in accordance with the provisions of Directive 2009/156/EC and in case of transit in accordance with Decision 2010/57/EU, for which a significant risk of introduction of foot-and-mouth disease into the territory of the Union cannot be excluded, to on-the-spot disinfection of the wheels or any other part of the vehicle deemed necessary to mitigate that risk.