Commission Implementing Decision of 20 September 2011 on imports into the Union of semen of domestic animals of the bovine species (notified under document C(2011) 6426) (Text with EEA relevance) (2011/630/EU)

Commission Implementing Decision

of 20 September 2011

on imports into the Union of semen of domestic animals of the bovine species

(notified under document C(2011) 6426)

(Text with EEA relevance)

(2011/630/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species(1), and in particular Article 8(1), the first subparagraph of Article 10(2), and Article 11(2) thereof,

Whereas:

(1) Directive 88/407/EEC lays down the animal health conditions applicable to imports from third countries into the Union of semen of domestic animals of the bovine species. It provides that only semen that comes from a third country included on a list of third countries drawn up in accordance with that Directive and accompanied by an animal health certificate corresponding to a model also drawn up in accordance with that Directive, is to be imported into the Union. The animal health certificate is to certify that semen comes from semen collection and storage centres offering guarantees provided for in Article 9(1) of that Directive.

(2) Commission Decision 2004/639/EC of 6 September 2004 laying down the importation conditions of semen of domestic animals of the bovine species(2) currently sets out the list of third countries from which Member States are to authorise imports of semen of domestic animals of the bovine species in Annex I thereto.

(3) Under Article 8(2) of Directive 88/407/EEC, a Member State may authorise imports of semen of domestic animals of the bovine species only from those third countries which appear on a list to be drawn up in accordance with that Directive. In deciding whether a third country may appear on such a list, particular account is to be taken of various conditions, such as the state of health of the livestock.

(4) Commission Regulation (EU) No 206/2010 of 12 March 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introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements(3) repealed and replaced Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat(4). Regulation (EU) No 206/2010 sets out a list of third countries authorised for the introduction of ungulates into the Union in Annex I thereto. The conditions for the introduction of ungulates, laid down in that Regulation, are similar to the conditions for imports of semen of domestic animals of the bovine species laid down in Directive 88/407/EEC.

(5) There is no scientific evidence suggesting that, with regard to major exotic contagious diseases, the risks arising from the health status of the donor bovine male could be mitigated by treatment of the semen. Accordingly, the list of third countries from which Member States are to authorise imports of semen should be based on the animal health status of the third countries from which imports of live domestic animals of the bovine species are authorised. The list set out in Annex I to Regulation (EU) No 206/2010 includes Chile, Iceland and Saint Pierre and Miquelon. Therefore, those third countries should also be included in the list set out in Annex I to Decision 2004/639/EC.

(6) The model animal health certificate in Part 1 of Annex II to Decision 2004/639/EC includes the animal health conditions for imports of semen of domestic animals of the bovine species into the Union. Currently, the conditions for enzootic bovine leukosis and epizootic haemorrhagic disease in that certificate are not entirely consistent with those set out respectively in Chapter I(1)(c) of Annex B to Directive 88/407/EEC and in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE). As a result, that model animal health certificate should be amended to take account of that provision of that Directive and that Manual.

(7) The model animal health certificate in Part 3 of Annex II to Decision 2004/639/EC applies to imports and transits of semen of domestic animals of the bovine species dispatched from a semen storage centre or a semen collection centre either collected and processed in accordance with the conditions of Directive 88/407/EEC, as amended by Council Directive 2003/43/EC(5), or collected processed and stored before 31 December 2004 in conformity with the provisions of Directive 88/407/EEC applying until 1 July 2003, and imported after 31 December 2004 in accordance with Article 2(2) of Directive 2003/43/EC.

(8) In order to ensure full traceability of the semen, the model animal health certificate in Part 3 of Annex II to Decision 2004/639/EC should be supplemented by additional certification requirements and only used for trade in semen of domestic animals of the bovine species collected in the semen collection centres and dispatched from a semen storage centre, whether or not the latter constitute part of a semen collection centre approved under a different approval number. As a result, the model animal health certificate in Part 3 of Annex II to Decision 2004/639/EC should be adapted accordingly by this Decision.

(9) It is also necessary to adapt by this Decision the dates in the titles of model health certificates in Part 2 and Part 3 of Annex II to Decision 2004/639/EC related to the stocks of semen of domestic animals of the bovine species collected, processed and stored before 31 December 2004 to reflect the provisions of Article 2(1) of Directive 2003/43/EC.

(10) There are bilateral agreements concluded between the Union and certain third countries containing specific conditions for the imports into the Union of semen of domestic animals of the bovine species. Therefore, where the bilateral agreements contain specific conditions and model animal health certificates for imports, those conditions and models should apply instead of the conditions and models set out in this Decision.

(11) On the basis of Directive 88/407/EEC, Canada was recognised as a third country with an animal health status equivalent to that of Member States for imports into the Union of semen of domestic animals of the bovine species.

(12) It is therefore appropriate that semen of domestic animals of the bovine species collected in Canada and imported into the Union from that third country is accompanied by a simplified certificate drawn up in accordance with the model set out in Commission Decision 2005/290/EC of 4 April 2005 on simplified certificates for the importation of bovine semen and fresh pig meat from Canada and amending Decision 2004/639/EC(6) 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(7), as approved by Council Decision 1999/201/EC(8).

(13) Switzerland is a third country with an animal health status equivalent to that of Member States. It is therefore appropriate that semen of domestic animals of the bovine species imported into the Union from Switzerland is accompanied by an animal health certificate drawn up in accordance with the models used for trade within the Union in semen of domestic animals of the bovine species set out in Annex D to Directive 88/407/EEC, with the adaptations set out in point 4 of Chapter VII(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(9).

(14) In the interest of clarity and consistency of Union legislation, Decision 2004/639/EC should be repealed and replaced by this Decision.

(15) To avoid any disruption of trade, the use of animal health certificates issued in accordance with Decision 2004/639/EC should be authorised during a transitional period subject to certain conditions.

(16) 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 U.K. Subject matter

[F1 1.] This Decision lays down a list of third countries [F2 and makes provision for the specification of parts thereof] from which [F3 the appropriate authority] shall authorise imports into [F4 Great Britain] of semen of domestic animals of the bovine species (semen).

It also lays down certification requirements for the imports of semen into [F4 Great Britain].

[F5 2. In this Decision:

• [F6 — “additional guarantee” means the guarantee given under Article 3a;]

• — “appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland); but the “appropriate authority” is the Secretary of State if consent is given by:

  (a)

  in relation to Wales, the Welsh Ministers;

  (b)

  in relation to Scotland, the Scottish Ministers;

• — “third country” means any country or territory other than the British Islands.]

Textual Amendments

F1 Art. 1 renumbered as Art. 1(1) (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(2)(a) (with regs. 69-71)

F2 Words in Art. 1(1) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 13(2)(a)

F3 Words in Art. 1(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(2)(b)(i) (with regs. 69-71)

F4 Words in Art. 1(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(2)(b)(ii) (with regs. 69-71)

F5 Art. 1(2) inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(2)(c) (with regs. 69-71)

F6 Words in Art. 1(2) inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 13(2)(b)

Article 2 U.K. Imports of semen

1. [F7 The appropriate authority] shall authorise imports of semen provided that it complies with the following conditions:

(a) it comes from [F8 such third country] listed in Annex I [F9 , or part thereof, as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article];

F10 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (c) it is accompanied by the relevant animal health certificate, in the form published by the appropriate authority from time to time;]

[F12 (d) it complies with—

(i) any requirements specified in a document published under point (a); and

(ii) any requirements set out in the animal health certificate referred to in point (c)]

2. Where specific animal health and certification conditions are laid down in bilateral agreements between [F13 Great Britain] and third countries, those conditions shall apply instead of the conditions in paragraph 1.

Textual Amendments

F7 Words in Art. 2(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(3)(a)(i) (with regs. 69-71)

F8 Words in Art. 2(1)(a) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 13(3)(a)

F9 Words in Art. 2(1)(a) inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 13(3)(b)

F10 Art. 2(1)(b) omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(3)(a)(ii) (with regs. 69-71)

F11 Art. 2(1)(c) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(3)(a)(iii) (with regs. 69-71)

F12 Art. 2(1)(d) substituted (10.2.2025) by The Official Controls (Amendment) Regulations 2025 (S.I. 2025/102), regs. 1(1)(b), 43(2)

F13 Words in Art. 2(2) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(3)(b) (with regs. 69-71)

Article 3 U.K. Conditions concerning the transport of semen to [F14 Great Britain]

1. The semen and stocks of semen referred to in Article 2 shall not be transported in the same container as other consignments of semen that:

(a) are not intended for introduction into [F14 Great Britain]; or

(b) are of a lower health status.

2. During transport to [F14 Great Britain], semen and stocks of semen shall be placed in closed and sealed containers and the seal shall not be broken during transport.

Textual Amendments

F14 Words in Art. 3 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(4) (with regs. 69-71)

[F15 Article 3a U.K. Additional guarantees

1. The Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may impose conditions relating to the protection of public health or animal health in Great Britain on the import of a consignment of semen into Great Britain from a third country listed in Annex 1, or part thereof.

2. The person exporting the consignment from the third country to Great Britain, or another person acting on their behalf, must provide evidence that any condition imposed under paragraph 1 in relation to the consignment is satisfied by giving an additional guarantee in accordance with the veterinary certificate for the consignment concerned.

3. The Secretary of State must publish any conditions imposed under paragraph 1 in a document published for the purposes of this Article.

Textual Amendments

F15 Arts. 3a, 3b inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 13(4)

Article 3b U.K. Matters relating to the exercise of powers under this Decision

1. The powers exercisable by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), under the provisions specified in paragraph 3 may be exercised only where it is necessary or appropriate to do so in the light of an assessment of the risk to animal and public health in the United Kingdom, in accordance with paragraph 2.

2. Any assessment which is relied upon for the purposes of paragraph 1 must be appropriate to the circumstances and must have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), taking into account—

(a) the state of health of the livestock, other domestic animals and wildlife and the environmental situation in the third country, with particular reference to animal diseases that are exotic, notifiable or reportable in the United Kingdom and which might endanger the health and environmental status of the United Kingdom;

(b) the regularity and rapidity of the provision of information by the third country concerning the existence of the contagious animal diseases in its territory listed by the World Organisation for Animal Health;

(c) the relevant legislation on animal disease prevention and control;

(d) the structures, skills, independence and qualifications of the competent authority’s veterinary inspection services in the third country;

(e) the organisation and implementation of measures to prevent and control contagious animal diseases;

(f) the assurances which the third country can give with regard to compliance with the animal health requirements related to imports of bovine semen.

3 The provisions are—

(a) paragraph 1(a) of Article 2 (import of semen);

(b) paragraph 1 of Article 3a (additional guarantees).

4 Where the Scottish Ministers or the Welsh Ministers request that the Secretary of State exercise a power under a provision listed in paragraph 3 the Secretary of State must have regard to that request.]

Textual Amendments

F15 Arts. 3a, 3b inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 13(4)

Article 4 U.K. Repeal

Decision 2004/639/EC is repealed.

F16 Article 5 U.K. Transitional provision

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

Textual Amendments

F16 Art. 5 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(5) (with regs. 69-71)

Article 6 U.K. Applicability

This Decision shall apply from 1 November 2011.

F17 Article 7 U.K. Addressees

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

Textual Amendments

F17 Art. 7 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(5) (with regs. 69-71)

[F18 ANNEX I U.K. List of third countries F19 ... from which [F20 imports of semen of domestic animals of the bovine species are to be authorised under Article 2]

Textual Amendments

F18 Substituted by Commission Implementing Decision (EU) 2015/569 of 7 April 2015 amending the Annexes to Implementing Decision 2011/630/EU as regards the equivalence between officially tuberculosis-free bovine herds in Member States and in New Zealand and the information in the model animal health certificate on the quantity of semen (notified under document C(2015) 2187) (Text with EEA relevance).

F19 Words in Annex 1 heading omitted (1.7.2022) by virtue of The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 13(5)(a)

F20 Words in Annex 1 heading substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(6)(a) (with regs. 69-71)

Modifications etc. (not altering text)

C1 Annex 1: power to amend conferred (31.12.2020) by The Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1225), regs. 1(3), 13; 2020 c. 1, Sch. 5 para. 1(1)

F21 . . .
F22 . . .
F23 . . .
F24 . . .]
ISO Code	Name of the third country	F25 ...
AU	Australia		F25
CA	Canada F26 ...	F25
CH	Switzerland
CL	Chile
	[F27 EU member States, Liechtenstein and Norway ]
GL	Greenland
IS	Iceland
NZ	New Zealand a
PM	Saint Pierre and Miquelon
US	United States		F25

Textual Amendments

F21 Annex 1 Table footnote omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(6)(c)(i) (with regs. 69-71)

F22 Annex 1 Table footnote omitted (1.7.2022) by virtue of The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 13(5)(c)(i)

F23 Words in Annex 1 table omitted (10.2.2025) by virtue of The Official Controls (Amendment) Regulations 2025 (S.I. 2025/102), regs. 1(1)(b), 43(3)

F24 Annex 1 Table footnote omitted (1.7.2022) by virtue of The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 13(5)(c)(ii)

F25 Words in Annex 1 Table omitted (1.7.2022) by virtue of The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 13(5)(b)

F26 Word in Annex 1 Table omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(6)(b)(ii) (with regs. 69-71)

F27 Words in Annex 1 Table inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(6)(b)(iii) (with regs. 69-71)

F28 ANNEX II U.K.

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

Textual Amendments

F28 Annex 2 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 60(7) (with regs. 69-71)

(1)

OJ L 194, 22.7.1988, p. 10.

(2)

OJ L 292, 15.9.2004, p. 21.

(3)

OJ L 73, 20.3.2010, p. 1.

(4)

OJ L 146, 14.6.1979, p. 15.

(5)

OJ L 143, 11.6.2003, p. 23.

(6)

OJ L 93, 12.4.2005, p. 34.

(7)

OJ L 71, 18.3.1999, p. 3.

(8)

OJ L 71, 18.3.1999, p. 1.

(9)

OJ L 114, 30.4.2002, p. 1.