Commission Implementing Decision (EU) 2016/2008Show full title

Article 9 U.K. Derogations from the prohibition on the dispatch of hides and skins of bovine animals and captive wild ruminants from the areas listed in Parts I and II of Annex I

1. By way of derogation from the prohibition provided for in point (e) of Article 3, the competent authority may authorise the dispatch of hides and skins of bovine animals and captive wild ruminants from an area listed in Part I of Annex I to another area listed in Part I or II of Annex I of the same or another Member State provided that:

(a) these are untreated raw hides and skins destined for human consumption or untreated hides and skins dispatched under the official supervision of the competent authorities for processing or disposal in an approved plant;

(b) when the destination is located in another Member State a channelling procedure in accordance with Article 12 is set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the hides and skins are transported in a safe manner to the place of destination and are not subsequently dispatched to another Member State or third country before being processed at least in accordance with Article 9(2)(b); and

(c) the hides and skins originate from holdings which are not subject to any of the restrictions provided for in Directive 92/119/EEC in relation to lumpy skin disease.

2. By way of derogation from the prohibition provided for in point (e) of Article 3, the competent authority may authorise the dispatch of hides and skins of bovine animals and captive wild ruminants from an area listed in Part I or II of Annex I to any area of the same or another Member State or third country provided that:

(a) these are untreated raw hides and skins destined for human consumption or untreated hides and skins originating from holdings which are not subject to any of the restrictions provided for in Directive 92/119/EEC in relation to lumpy skin disease;

(b) the hides and skins have been:

(i)

treated in accordance with point 28(b) to (e) of Annex I to Commission Regulation (EU) No 142/2011(1); or

(ii)

subjected to one of the treatments set out in point (4)(b)(ii) of Chapter I of Section XIV of Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council(2); and

(c) the hides and skins have undergone all precautions to avoid recontamination with pathogenic agents after treatment.

3. By way of derogation from the prohibition provided for in point (e) of Article 3, the competent authority may authorise the dispatch of hides and skins of bovine animals and captive wild ruminants from an area listed in Part II of Annex I to another area listed in Part II of Annex I of the same or another Member State provided that:

(a) these are untreated raw hides and skins destined for human consumption or untreated hides and skins dispatched under the official supervision of the competent authorities for processing or disposal in an approved plant;

(b) when the destination is located in another Member State a channelling procedure in accordance with Article 12 is set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the hides and skins are transported in a safe manner to the place of destination and are not subsequently dispatched to another Member State, before being processed at least in accordance with Article 9(2)(b); and

(c) the hides and skins originate from holdings which are not subject to any of the restrictions provided for in Directive 92/119/EEC in relation to lumpy skin disease.

4. By way of derogation from the prohibition provided for in point (e) of Article 3, the competent authority may authorise the dispatch of hides and skins of bovine animals and captive wild ruminants from an area listed in Part I or II of Annex I to any area of the same or another Member State or third country provided that:

(a) the hides and skins comply with any other appropriate animal health guarantees based on a positive outcome of a risk assessment of measures against the spread of lumpy skin disease, required by the competent authority of the Member State of the place of origin and approved by the competent authorities of the countries of the places of transit and destination, prior to the dispatch of such hides and skins;

(b) the hides and skins originate from holdings which are not subject to any restrictions provided for by Directive 92/119/EEC in relation to lumpy skin disease;

(c) a channelling procedure in accordance with Article 12 is set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the hides and skins, dispatched in accordance with the additional animal health guarantee requirements provided for in point (a) of this paragraph, are transported in a safe manner to the place of destination and are not subsequently dispatched to another Member State before being processed at least in accordance with Article 9(2)(b); and

(d) the Member State of the place of origin must immediately inform the Commission and the other Member States of the animal health guarantees and the approval by the competent authorities provided for in point (a).

(1)

Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).

(2)

Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).