Regulation (EU) 2016/429 of the European Parliament and of the CouncilDangos y teitl llawn

Section 2 U.K. Listing of third countries and territories

Article 230 U.K. Lists of third countries and territories from which the entry into the Union of animals, germinal products and products of animal origin is permitted, and implementing and delegated acts

1. The Commission may, by means of implementing acts, draw up lists of third countries and territories from which the entry into the Union of specific species and categories of animals, germinal products and products of animal origin is to be permitted, based on the following criteria:

(a) the animal health legislation of the third country or territory concerned and the rules on the entry into that third country or territory of animals, germinal products and products of animal origin from other third countries and territories;

(b) the assurances provided by the competent authority of the third country or territory concerned as regards the efficient implementation and control of the animal health legislation referred to in point (a);

(c) the organisation, structure, resources and legal powers of the competent authority in the third country or territory concerned;

(d) the animal health certification procedures in the third country or territory concerned;

(e) the animal health status of the third country or territory concerned, or of zones and compartments thereof, with regard to:

(i)

listed diseases and emerging diseases;

(ii)

any aspects of animal and public health or the environmental situation in the third country or territory concerned, or in a zone or compartment thereof, which may pose a risk to animal or public health or the environmental status of the Union;

(f) the guarantees which the competent authority of the third country or territory concerned can provide regarding compliance or equivalence with the relevant animal health requirements applicable in the Union;

(g) the regularity and speed with which the third country or territory concerned supplies information concerning infectious or contagious animal diseases in its territory to the World Organisation for Animal Health (OIE), in particular information concerning the diseases listed in the OIE Codes;

(h) the results of controls carried out by the Commission in the third country or territory concerned;

(i) any experience gathered from previous entries of animals, germinal products and products of animal origin from the third country or territory concerned and the results of official controls carried out at the point of entry into the Union on such animals, germinal products and products of animal origin.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).

2. Pending the adoption of the lists provided for in paragraph 1, and provided that such lists have not been drawn up pursuant to the Union legislation referred to in Article 270(2), Member States shall determine from which third countries and territories specific species and categories of animals, germinal products or products of animal origin may enter the Union.

For the purposes of the first subparagraph of this paragraph, Member States shall take into account the criteria for inclusion in the lists of third countries and territories provided for in points (a) to (i) of paragraph 1 of this Article.

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning derogations from paragraph 2 of this Article, limiting the possibility for Member States to decide from which third countries and territories a specific species and category of animal, germinal product or product of animal origin may enter the Union, where necessary due to the risk posed by that specific species and category of animal, germinal product or product of animal origin.

Article 231 U.K. Information to be included in the lists of third countries and territories

The Commission shall specify the following information for each third country or territory in the lists provided for in Article 230(1):

(a)

the species and categories of animals, germinal products or products of animal origin that may enter the Union from that third country or territory;

(b)

whether the animals, germinal products or products of animal origin specified in accordance with point (a) may enter the Union from the whole territory of that third country or territory or only from one or more zones or compartments thereof;

(c)

specific conditions and animal health guarantees concerning listed diseases.

Article 232 U.K. Suspension and withdrawal from the lists of third countries and territories and implementing acts

1. The Commission shall, by means of implementing acts, withdraw a country or territory from the lists provided for in Article 230(1), or suspend the entry into the Union of animals, germinal products or products of animal origin from a third country or territory, or from a zone or compartment thereof, for any of the following reasons:

(a) the third country or territory concerned, or one or more zones or compartments thereof, no longer complies with the criteria laid down in Article 230(1), where relevant for the entry into the Union of a particular species and category of animal, germinal product or product of animal origin;

(b) the animal health situation in the third country or territory concerned, or in a zone or compartment thereof, is such that a suspension or withdrawal from the lists is necessary in order to protect the animal health status of the Union;

(c) the Commission has requested the third country or territory concerned to supply up-to–date information on the animal health situation and other matters referred to in Article 230(1), and that third country or territory has not provided such information;

(d) the third country or territory concerned has refused to agree to controls being carried out by the Commission on behalf of the Union in its territory.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).

2. On duly justified imperative grounds of urgency relating to a serious risk of the introduction into the Union of a listed disease as referred to in point (d) of Article 9(1), the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 266(3).

3. The Commission may, by means of implementing acts, reinstate in the lists provided for in Article 230(1) a third country or territory, or a zone or compartment thereof, that has been withdrawn from those lists, or may re–authorise the entry into the Union of animals, germinal products or products of animal origin from a third country or territory, or from a zone or compartment thereof, from which entry into the Union has been suspended, for one of the following reasons:

(a) for the reasons referred to in point (a) or (c) of paragraph 1 of this Article, provided that the third country or territory concerned demonstrates that it complies with the listing criteria provided for in Article 230(1);

(b) for the reason referred to in point (b) of paragraph 1 of this Article, provided that the third country or territory concerned provides appropriate guarantees that the animal health situation that gave rise to the suspension or withdrawal has been resolved or no longer represents a threat to animal or public health within the Union;

(c) for the reason referred to in point (d) of paragraph 1 of this Article, provided that:

(i)

the third country or territory concerned has agreed to controls being carried out by the Commission on behalf of the Union in its territory; and

(ii)

the results of those controls by the Commission show that the third country or territory concerned, and the zones or compartments thereof, comply with the listing criteria provided for in Article 230(1).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).