Commission Implementing Decision of 1 March 2012 on imports into the Union of semen of domestic animals of the porcine species (notified under document C(2012) 1148) (Text with EEA relevance) (2012/137/EU)

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] [F4 may] authorise imports into [F5 Great Britain] of semen of domestic animals of the porcine species.

It also lays down certification requirements for imports of semen into [F5 Great Britain].

2. [F6 In this Decision:

• — “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), 62(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), 14(2)(a)

F3 Words in Art. 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), 62(2)(b) (with regs. 69-71)

F4 Word 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), 14(2)(b)

F5 Words in Art. 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), 62(2)(c) (with regs. 69-71)

F6 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), 62(2)(d) (with regs. 69-71)

Article 2 U.K. Imports of semen

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

(a) it comes from [F8 such third country listed in Annex 1, or a 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];

(b) it comes from a semen collection centre listed in accordance with [F9 Article 2a];

(c) it is accompanied by an animal health certificate [F10 , in the form published by the appropriate authority from time to time];

[F11 (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 [F12 Great Britain] and third countries, those conditions shall apply instead of the conditions laid down 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), 62(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), 14(3)

F9 Words in Art. 2(1)(b) 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), 62(3)(a)(ii) (with regs. 69-71)

F10 Words in 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), 62(3)(a)(iii) (with regs. 69-71)

F11 Art. 2(1)(d) substituted (10.2.2025) by The Official Controls (Amendment) Regulations 2025 (S.I. 2025/102), regs. 1(1)(b), 45

F12 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), 62(3)(b) (with regs. 69-71)

[F13 Article 2a U.K. Conditions for listing of semen collection centres

1. The appropriate authority must only authorise imports of semen dispatched from a semen collection centre—

(a) situated in [F14 such third country listed in Annex 1 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];

(b) in respect of which the competent authority of the third country concerned is able to guarantee that:

(i) the semen collection centre meets the standards described in paragraph 2; and

(ii) the competent authority's approval of the semen collection centre will be immediately suspended or withdrawn if that semen collection centre does not meet the standards described in paragraph 2;

(c) where the appropriate authority is satisfied that the conditions in paragraphs 3 and 4 are met.

2. The standards are that the semen collection centre—

(a) meets conditions that are at least equivalent to those:

(i) for the approval of semen collection centres described in Chapter I of Annex A to Directive 90/429/EEC; and

(ii) relating to the supervision of such centres described in Chapter II of Annex A to Directive 90/429/EEC;

(b) has been approved by that competent authority for exports to Great Britain;

(c) is under the supervision of a veterinarian; and

(d) is subject to inspection by an official veterinarian of the third country concerned at least twice a year.

3. The list of semen collection centres that the competent authority of the third country has approved in accordance with the standards described in paragraph 2, and from which semen may be dispatched to Great Britain, has been communicated to the appropriate authority by that competent authority.

4. The suspension or withdrawal of approval of a semen collection centre by the competent authority of the third country will be promptly communicated to the appropriate authority by that competent authority.

5. Each appropriate authority must provide the other appropriate authorities with any new or updated lists received from a competent authority of a third country in accordance with this Article and must make any such lists available to the public for information purposes.]

Textual Amendments

F13 Art. 2a 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), 62(4) (with regs. 69-71)

F14 Words in Art. 2a(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), 14(4)

Article 3 U.K. Conditions concerning the transport of semen to [F15 Great Britain]

1. The 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 [F15 Great Britain]; or

(b) are of a lower health status.

2. During transport to [F15 Great Britain], semen shall be placed in closed and sealed flasks and the seal shall not be broken during transport.

Textual Amendments

F15 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), 62(5) (with regs. 69-71)

[F16 Article 3a 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 listed in paragraph 2 may be exercised only where it is necessary or appropriate to do so in the light of an assessment of the risk to animal health in the United Kingdom and the matters specified in paragraph 3.

2. The provisions are—

(a) paragraph 1(a) of Article 2 (specification of third country or part thereof authorised for import of semen);

(b) paragraph 1(a) of Article 2a (specification of third country or part thereof authorised for import of semen dispatched from a collection centre).

3. Any assessment which is relied on for the purposes of paragraph 1 must be appropriate to the circumstances and 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 situation of the United Kingdom;

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

(c) the third country’s rules on animal disease prevention and control;

(d) the structures, skills, independence and qualifications of the competent authority’s veterinary service and 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 relating to the collection, processing, storage and transport of porcine semen that is approved for export.

4. Where the Scottish Ministers or the Welsh Ministers request that the Secretary of State exercise a power under a provision listed in paragraph 2 the Secretary of State must have regard to that request.]

Textual Amendments

F16 Art. 3a 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), 14(5)

Article 4 U.K. Repeal

Decision 2009/893/EC is repealed.

F17 Article 5 U.K. Transitional provision

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

Textual Amendments

F17 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), 62(6) (with regs. 69-71)

Article 6 U.K. Applicability

This Decision shall apply from 1 June 2012.

F18 Article 7 U.K. Addressees

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

Textual Amendments

F18 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), 62(6) (with regs. 69-71)

Done at Brussels, 1 March 2012.

For the Commission

John Dalli

Member of the Commission