Commission Implementing Regulation (EU) No 644/2012 of 16 July 2012 amending Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements, as regards Russia (Text with EEA relevance)
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Address https://gelex.eu/eli/EU/regulation/2012/644@2012-07-16/en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC, and in particular the first and second subparagraphs of Article 3(1), the first subparagraph of Article 6(1), Article 7(e), Article 8(d), and Article 13(1) thereof,
Whereas:
(1) Directive 2004/68/EC lays down the animal health requirements for the transit through the Union of live ungulates. It provides that specific provisions, including model veterinary certificates, may be laid down for the transit throught the Union of live ungulates from authorised third countries, provided that such animals transit the territory of the Union under customs and official veterinary approval and supervision through approved border inspection posts and without any stop on Union territory other than those necessary for animal welfare purposes.
(2) Commission Regulation (EU) No 206/2010 lays down the veterinary certification requirements for the introduction into the Union of certain consignments of live animals, including ungulates. Annex I to that Regulation sets out a list of third countries, territories or parts thereof from which such consignments may be introduced into the Union, together with models of veterinary certificates to accompany those consignments.
(3) On request by Russia to authorise the transit of live bovine animals for breeding and production from the region of Kaliningrad (Kaliningradskaya oblast) through the territory of Lithuania, an inspection was carried out by the Commission in Kaliningrad. It concluded that the animal health situation in that region appears to be favourable. On that basis, the introduction into the Union of consignments of such animals for the sole purpose of transit from the region of Kaliningrad to other parts of the territory of Russia through the territory of Lithuania by means of road vehicles should be authorised.
(4) In addition, Lithuania can ensure the implementation of the measures provided for in Article 8(1) of Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market as regards those animals from the region of Kaliningrad that cannot complete the transit without unloading due to external circumstances.
(5) Russia has also confirmed its agreement with Belarus under the customs union that includes both countries and which implies that the same standard veterinary-sanitary requirements on import apply in both countries.
(6) Therefore, Regulation (EU) No 206/2010 should be amended to provide for the transit of live bovine animals for breeding and production from the region of Kaliningrad. The list of third countries, territories or parts thereof authorised for the introduction into the Union of certain animals set out in Part 1 of Annex I to Regulation (EU) No 206/2010 should be amended accordingly.
(7) It is also necessary to provide for a model veterinary certificate for the transit of those animals. Accordingly, a model veterinary certificate BOV-X-TRANSIT-RU should be inserted in Part 2 of Annex I to Regulation (EU) No 206/2010.
(8) Regulation (EU) No 206/2010 should therefore be amended accordingly.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Commission Regulation (EU) No 206/2010 is amended as follows:
(1) The following Article is inserted:
Article 1
(1)
Article 12a Derogation for the transit of certain consignments of live bovine animals for breeding and production through Lithuania
1. The transit by road through Lithuania of consignments of live bovine animals for breeding and production coming from the Russian region of Kaliningrad and consigned to a destination outside the Union shall be authorised subject to compliance with the following conditions:
(a) the animals enter Lithuania at the border inspection post at Kybartai road and exit Lithuania at the border inspection post of Medininkai;
(b) the animals are transported in containers on road vehicles sealed with a serially numbered seal at the border inspection post of introduction into the Union at Kybartai road, by the veterinary services of the competent authority of Lithuania;
(c) the documents referred to in the third indent of Article 7 (1) of Council Directive 91/496/EEC, including the duly completed veterinary certificate in accordance with the model veterinary certificate BOV-X-TRANSIT-RU set out in Part 2 of Annex I to this Regulation, accompanying the animals from the border inspection post Kybartai road to the border inspection post Medininkai are stamped ONLY FOR TRANSIT FROM THE RUSSIAN REGION OF KALININGRAD VIA LITHUANIA on each page by the official veterinarian of the competent authority responsible for the border inspection post at Kybartai road;
(d) the requirements provided for in Article 9 of Council Directive 91/496/EEC are complied with;
(e) the consignment is certified as acceptable for transit through Lithuania on the common veterinary entry document referred to in Article 1(1) of Commission Regulation (EC) No 282/2004 and signed by the official veterinarian of the border inspection post at Kybartai road;
(f) the animals are accompanied by a health certificate that allows unhindered entry into Belarus and a veterinary certificate issued for the place of destination of the animals in Russia.
2. The consignment shall not be unloaded in the Union and shall be moved directly to the border inspection post of exit of Medininkai. The official veterinarian at the border inspection post of Medininkai shall complete part 3 of the Common Veterinary Entry Document after the exit controls on the consignment have verified that it is the same consignment that entered Lithuania at the border inspection post at Kybartai road.
3. In case of any irregularity or emergency during the transit, the Member State of transit shall apply the measures provided for in the second indent of Article 8(1) (b) of Directive 90/425/EEC as appropriate.
4. The competent authority of Lithuania shall verify regularly that the number of consignments entering and leaving the Union territory matches.
Article 1
(2) Annex I is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the the twentieth day following that 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, 16 July 2012. For the Commission The President José Manuel Barroso
ANNEX
ANNEX
Annex I to Regulation (EU) No 206/2010 is amended as follows:
(1) Parts 1 and 2 are replaced by the following:
(1)
PART 1 List of third countries, territories or parts thereof
ISO code and name of third country Code of Territory Description of third country, territory or part thereof Veterinary certificate Specific conditions Model(s) SG 1 2 3 4 5 6 CA – Canada CA-0 Whole country POR-X IVb IX V CA-1 Whole country, except the Okanagan Valley region of British Columbia described as follows: BOV-X, OVI-X, OVI-Y RUM A CH – Switzerland CH-0 Whole country CL – Chile CL-0 Whole country BOV-X,OVI-X, RUM POR-X, SUI B GL – Greenland GL-0 Whole country OVI-X, RUM V HR – Croatia HR-0 Whole country BOV-X, BOV-Y, RUM, OVI-X, OVI-Y IS – Iceland IS-0 Whole country BOV-X, BOV-Y RUM, OVI-X, OVI-Y POR-X, POR-Y B ME – Montenegro ME-0 Whole country I MK – The former Yugoslav Republic of Macedonia MK-0 Whole country I NZ – New Zealand NZ-0 Whole country BOV-X, BOV-Y, RUM, POR-X, POR-Y OVI-X, OVI-Y III V PM – St Pierre and Miquelon PM-0 Whole country BOV-X, BOV-Y, RUM, OVI-X, OVI-Y CAM RS – Serbia RS-0 Whole country I RU – Russia RU-0 Whole country RU-1 Whole country except the region of Kaliningrad RU-2 Region of Kaliningrad BOV-X-TRANSIT-RU X
From a point on the Canada/United States border 120°15′ longitude, 49° latitude
Northerly to a point 119°35′ longitude, 50°30′ latitude
North-easterly to a point 119° longitude, 50°45′ latitude
Southerly to a point on the Canada/United States border 118°15′ longitude, 49° latitude
Specific Conditions (see footnotes in each certificate)
I for transit through the territory of a third country of live animals for immediate slaughter or live bovine animals for fattening which are consigned from a Member State and destined to another Member State in lorries which have been sealed with a serially numbered seal. The seal number must be entered on the health certificate issued in accordance with the model laid down in Annex F to Directive 64/432/EEC for live bovine animals for slaughter and fattening and in accordance with Model I of Annex E to Directive 91/68/EEC for ovine and caprine animals for slaughter. In addition, the seal must be intact on arrival at the designated border inspection post of entry into the Union and the seal number recorded in the integrated computerised veterinary system of the Union (TRACES). The certificate must be stamped at the exit point of the Union by the competent veterinary authority prior to transiting one or more third countries, with the following wording ONLY FOR TRANSIT BETWEEN DIFFERENT PARTS OF THE EUROPEAN UNION VIA THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA/MONTENEGRO/SERBIA. Bovine animals for fattening must be transported directly to the holding of destination designated by the competent veterinary authority of destination. Those animals must not be moved from that holding unless for immediate slaughter. II territory recognised as having an official tuberculosis-free status for the purposes of exports to the Union of live animals certified according to the model of certificate BOV-X. III territory recognised as having an official brucellosis-free status for the purposes of exports to the Union of live animals certified according to the model of certificate BOV-X. IVa territory recognised as having an official enzootic-bovine-leukosis (EBL) free status for the purposes of exports to the Union of live animals certified according to the model of certificate BOV –X. IVb recognised as having officially enzootic-bovine-leukosis (EBL)-free herds equivalent to the requirements set out in Annex D to Directive 64/432/EEC for the purposes of exports to the Union of live animals certified according to the model of certificate BOV–X. V territory recognised as having an official brucellosis-free status for the purposes of exports to the Union of live animals certified according to the model of certificate OVI-X. VI Geographical constraints: VII territory recognised as having an official tuberculosis-free status for the purposes of exports to the Union of live animals certified according to the model of certificate RUM. VIII territory recognised as having an official brucellosis-free status for the purposes of exports to the Union of live animals certified according to the model of certificate RUM. IX territory recognised as having an official Aujeszky’s disease -free status for the purposes of exports to the Union of live animals certified according to the model of certificate POR-X. X Only for transit through Lithuania of bovine animals for breeding and/or production from the Kaliningrad region to other regions of Russia.
PART 2 Models of Veterinary Certificates
Models
BOV-X Model of veterinary certificate for domestic bovine animals (including Bubalus and Bison species and their cross-breeds) intended for breeding and/or production after importation. BOV-Y Model of veterinary certificate for domestic bovine animals (including Bubalus and Bison species and their cross-breeds) intended for immediate slaughter after importation. BOV-X-TRANSIT-RU Model of veterinary certificate for domestic bovine animals (including Bubalus and Bison species and their cross-breeds) intended for transit from the region of Kaliningrad to other regions of Russia via the territory of Lithuania. OVI-X Model of veterinary certificate for domestic ovine animals (Ovis aries) and domestic caprine animals (Capra hircus) intended for breeding and/or production after importation. OVI-Y Model of veterinary certificate for domestic ovine animals (Ovis aries) and domestic caprine animals (Capra hircus) intended for immediate slaughter after importation. POR-X Model of veterinary certificate for domestic porcine animals (Sus scrofa) intended for breeding and/or production after importation. POR-Y Model of veterinary certificate for domestic porcine animals (Sus scrofa) intended for immediate slaughter after importation. RUM Model of veterinary certificate for animals of the order Artiodactyla (excluding bovine animals (including Bubalus and Bison species and their cross-breeds), Ovis aries, Capra hircus, Suidae and Tayassuidae), and of the families Rhinocerotidae and Elephantidae. SUI Model of veterinary certificate for non-domestic Suidae, Tayassuidae and Tapiridae. CAM Model of specific attestation for animals imported from St Pierre and Miquelon under the conditions provided for in Part 7 of Annex I.
SG (Supplementary guarantees)
A guarantees regarding Bluetongue and Epizootic-haemorrhagic-disease tests on animals certified according to the model of veterinary certificates BOV-X (point II.2.8 B), OVI-X (point II.2.6 D) and RUM (point II.2.6). B guarantees regarding Swine-vesicular-disease and Classical-swine-fever tests on animals certified according to the model of veterinary certificates POR-X (point II.2.4 B) and SUI (point II.2.4 B). C guarantees regarding Brucellosis test on animals certified according to the model of veterinary certificates POR-X (point II.2.4 C) and SUI (point II.2.4 C).
(2) the following model veterinary certificate is inserted between the model veterinary certificates BOV-Y and OVI-X Part I: Details of dispatched consignment Model BOV-X-TRANSIT-RU COUNTRY Veterinary certificate to EU I.1. Consignor Name Address Tel. I.2. Certificate reference No I.2.a. I.3. Central competent authority I.4. Local competent authority I.5. Consignee Name Address Postal code Tel. I.6. Person responsible for the load in EU Name Address Postal code Tel. I.7. Country of origin Russia ISO code I.8. Region of origin Kaliningrad Code I.9. Country of destination Russia ISO code I.10. Region of destination Code I.11. Place of origin Name Address Postal code I.12. I.13. Place of loading Address Approval number I.14. Date of departure I.15. Means of transport Aeroplane Ship Railway wagon Road vehicle Other Identification Documentary references I.16. Entry BIP in EU I.17. I.18. Description of commodity I.19. Commodity code (HS code) 01.02 I.20. Quantity I.21. I.22. Number of packages I.23. Seal/Container No I.24. I.25. Commodities certified for: Breeding Fattening I.26. For transit through EU to third country Third country Russian Federation ISO code RU I.27. I.28. Identification of the commodities Species (scientific name) Breed Identification system Identification number Age Sex COUNTRY Model BOV-X-TRANSIT-RU II. Health information II.a. Certificate reference number II.b. II.1. Animal Health attestation I, the undersigned official veterinarian, hereby certify, that the animals described in Part I meet the following requirements: II.1.1. they come from the territory with code: RU-2 (2) which, at the date of issuing this certificate: (1) either [(a) has been free for 24 months from foot-and-mouth disease] (1) or [(a) has been considered free from foot-and-mouth disease since … (dd/mm/yyyy), without having had cases/outbreaks after that date, and authorised to export these animals by Commission Implementing Regulation (EU) No …/…, of … (dd/mm/yyyy);] (b) has been free for 12 months from rinderpest, Rift valley fever, contagious bovine pleuropneumonia, lumpy skin disease and epizootic haemorrhagic disease, and for 6 months from vesicular stomatitis, (c) where during the last 12 months, no vaccination against the diseases referred to in points (a) and (b) has been carried out and imports of domestic cloven-hoofed animals vaccinated against these diseases are not permitted; (1) either [(d) has been free for 24 months from bluetongue;] (1) or [(d) has not been free for 24 months from bluetongue, and the animals have been vaccinated with an inactivated vaccine, at least 60 days before the date of the movement, against all bluetongue serotype/s … (insert serotype/s) which are those present in the source population as demonstrated through a surveillance programme (4) in an area with a 150 km radius around the holding(s) of origin described under box reference I.11, and the animals are still within the immunity period of time guaranteed in the specifications of the vaccine;] II.1.2. they have remained in the territory described under point II.1.1. since birth, or for at least the last six months before the date of dispatch via the European Union and without contact with imported cloven-hoofed animals for the last 30 days; II.1.3. they have remained since birth or at least 40 days before the date of dispatch in the holding(s) of origin described under box reference I.11.: (a) in and around which, in an area with a 150 km radius, there has been no case/outbreak of epizootic haemorrhagic disease during the previous 60 days, (b) in and around which, in an area with a 10 km radius, there has been no case/outbreak of foot-and-mouth disease, rinderpest, Rift valley fever, bluetongue, contagious bovine pleuropneumonia, lumpy skin disease and, vesicular stomatitis during the previous 40 days; II.1.4. they are not animals to be killed under a national programme for the eradication of diseases, nor have they been vaccinated against the diseases referred to under point II.1.1., (a) and (b), and; (a) they did not come in contact with other cloven-hoofed animals not complying with the health requirements as described in this certificate, (b) they were not at any place where, or around which, within a 10 km radius, during the previous 30 days there has been a case/outbreak of any of the diseases referred to in point II.1.1. .; II.1.5. any transport vehicles or containers in which they were loaded were cleaned and disinfected before loading with an officially authorised disinfectant; II.1.6. they were examined by an official veterinarian within 24 hours of loading and showed no clinical sign of disease; II.1.7. they have been loaded for dispatch to the Russian federation via the European Union on … (dd/mm/yyyy) (3) in the means of transport described under box reference I.15. above that were cleaned and disinfected before loading with an officially authorised disinfectant and so constructed that faeces, urine, litter or fodder could not flow or fall out of the vehicle or container during transportation. II.1.8. The consignment is intended to leave the European Union at the designated Border Inspection Post Medininkai, Lithuania. COUNTRY Model BOV-X-TRANSIT-RU II. Health information II.a. Certificate reference number II.b. II.2. Animal transport attestation I, the undersigned official veterinarian, hereby certify, that the animals described in Part I have been treated before and at the time of loading in accordance with the relevant provisions of Council Regulation (EC) No 1/2005, in particular as regards watering and feeding, and they are fit for the intended transport. Notes This certificate is meant for transit through the European Union of domestic bovine animals (including Bubalus and Bison species and their cross-breeds) intended for breeding and/or production coming from the region of Kaliningrad and destined to other parts of the Russia. Part I: Box reference I.8.: Provide the code of territory as appearing in Part 1 of Annex I to Commission Regulation (EU) No 206/2010. Box reference I.13.: The assembly centre, if any, must fulfil the conditions for its approval, as laid down in Part 5 of Annex I to Commission Regulation (EU) No 206/2010. Box reference I.15.: Registration number of road vehicle, is to be provided. In case an emergency, the consignor must immediately inform the Border Inspection Post of entry into the Union. Box reference I.23.: For containers or boxes, the container number and the seal number (if applicable) must be included. Box reference I.28.: Identification system: The animals must bear: An individual number which permits tracing of their premises of origin. Specify the identification system (such as tag, tattoos, brand, chip, transponder). An ear tag that includes the ISO code of the exporting country. The individual number must permit tracing of their premises of origin. Box reference I.28.: Species: Select amongst “Bos”, “Bison” and “Bubalus” as appropriate. Box reference I.28.: Age: Date of birth (dd/mm/yy). Box reference I.28.: Sex (M = male, F = female, C = castrated). Box reference I.28.: Breed: select purebred, crossbreed. Part II: (1) Keep as appropriate. (2) Code of the territory as it appears in Part 1 of Annex I to Commission Regulation (EU) No 206/2010. (3) Date of loading. Transit of these animals shall not be allowed when the animals were loaded either prior to the date of authorisation for transit to Russia via the European Union from this third country, territory or part thereof referred to in Boxes I.7, or during a period where restrictive measures have been adopted by the European Union against transit of these animals from this third country, territory or part thereof via the European Union. (4) Surveillance programme as laid down in Annex I to Commission Regulation (EC) No 1266/2007. Official veterinarian Name (in capital letters): Qualification and title: Date: Signature: Stamp: