CHAPTER III Imports from third countries
Article 7 1. A Member State may authorize importation of semen only from those third countries which appear on a list drawn up in accordance with the procedure laid down in Article 19. That list may be supplemented or amended in accordance with the procedure laid down in Article 18.
2. In deciding whether a third country may appear on the list referred to in paragraph 1, particular account shall be taken of:
(a) the state of health of the livestock, other domestic animals and wildlife in that country, with particular reference to exotic animal diseases, and of the environmental health situation in that country, which might endanger animal health in the Member States;
(b) the regularity and rapidity of the information supplied by that country concerning the existence of contagious animal diseases in its territory transmissible by semen, in particular those diseases mentioned in lists A and B of the International Office of Epizootic Diseases;
(c) that country's rules on animal disease prevention and control;
(d) the structure of the veterinary services in that country and their powers;
(e) the organization and implementation of measures to prevent and control contagious animal diseases; and
(f) the guarantees which that country can give with regard to compliance with this Directive.
3. The list referred to in paragraph 1 and all amendments thereto shall be published in the Official Journal of the European Communities.
Article 8 1. Member States shall only authorise imports of semen dispatched from a semen collection centre situated in one of the third countries appearing on the list referred to in Article 7 and for which the competent authority of the third country concerned is able to give the guarantees that the following conditions are met:
(a) it meets the conditions:
(i) for the approval of semen collection centres set out in Chapter I of Annex A;
(ii) relating to the supervision of such centres set out in Chapter II thereof;
(b) it has been officially approved by the competent authority of the third country for exports to the Community;
(c) it is placed under the supervision of a centre veterinarian;
(d) it is subject to inspections by an official veterinarian of the third country concerned at least twice a year.
2. The list of semen collection centres that the competent authority of the third country appearing on the list referred to in Article 7 has approved in accordance with the conditions set out in paragraph 1 of this Article and from which semen may be dispatched to the Community shall be communicated to the Commission.
The approval of a semen collection centre must be immediately suspended or withdrawn by the competent authority of the third country where it no longer complies with the conditions set out in paragraph 1 and the Commission must be immediately informed thereof.
The Commission shall provide the Member States with any new and updated lists that it receives from the competent authority of the third country concerned in accordance with this paragraph and shall make them available to the public for information purposes.
3. Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 18(2).
Substituted by Council Directive 2008/73/EC of 15 July 2008 simplifying procedures of listing and publishing information in the veterinary and zootechnical fields and amending Directives 64/432/EEC, 77/504/EEC, 88/407/EEC, 88/661/EEC, 89/361/EEC, 89/556/EEC, 90/426/EEC, 90/427/EEC, 90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 91/496/EEC, 92/35/EEC, 92/65/EEC, 92/66/EEC, 92/119/EEC, 94/28/EC, 2000/75/EC, Decision 2000/258/EC and Directives 2001/89/EC, 2002/60/EC and 2005/94/EC (Text with EEA relevance).
Article 9 1. Semen must come from animals which, immediately prior to collection of their semen, have remained for at least three months in the territory of a third country on the list referred to in Article 7 (1).
2. Without prejudice to Article 7 (1) and paragraph 1 of this Article, Member States shall not authorize the importation of semen from a third country on the list unless the semen complies with the animal health requirements adopted under the procedure laid down in Article 18, for imports of semen from that country.
In adopting the requirements referred to in the first subparagraph, consideration shall be given to:
(a) the health situation in the area surrounding the semen collection centre, with particular reference to the diseases appearing on list A of the International Office of Epizootic Diseases;
(b) the state of health of the herd in the semen collection centre and testing requirements;
(c) the state of health of the donor animal and testing requirements;
(d) testing requirements in relation to semen.
3. The reference basis for fixing animal health conditions shall be the standards laid down in Chapter II and the corresponding Annexes. It may be decided, in accordance with the procedure laid down in Article 18, on a case-by-case basis, to waive these conditions where the third country concerned provides similar animal health guarantees, that are at least equivalent.
4. Article 4 shall apply.
Article 10 1. Member States shall authorize the importation of semen only on submission of an animal health certificate drawn up and signed by an official veterinarian of the third country of collection.
This certificate must:
(a) be drawn up in at least one of the official languages of the Member State of destination and one of those of the Member State where the import control provided for in Article 11 is carried out;
(b) accompany the semen to its destination in its original form;
(c) be drawn up on a single sheet of paper;
(d) be made out to a single consignee.
2. The animal health certificate must correspond to a specimen drawn up under the procedure laid down in Article 19.
Article 11 1. Member States shall ensure that each consignment of semen entering the customs territory of the Community is subjected to control before being released for free circulation or placed under a customs procedure and shall prohibit the introduction of the semen into the Community if the import control made on arrival reveals that:
the semen does not come from the territory of a third country on the list drawn up in accordance with Article 7 (1),
the semen does not come from a semen collection centre on the list provided for in Article 8 (1),
the semen comes from the territory of a third country from which imports are prohibited in accordance with Article 15 (2),
the animal health certificate which accompanies the semen is not in conformity with the conditions laid down in Article 10 and fixed pursuant thereto.
This paragraph shall not apply to consignments of semen which arrive in the customs territory of the Community and are placed under a customs transit procedure for consignment to a destination situated outside the said territory.
However, it shall be applicable where customs transit is waived during transport through the territory of the Community.
2. The Member State of destination may take the necessary measures, including storage in quarantine provided that this does not affect the viability of the semen, in order to obtain definite proof in cases where semen is suspected of being infected or contamined by pathogenic organisms.
3. If the admission of semen has been prohibited on any of the grounds set out in paragraphs 1 and 2 and the exporting third country does not authorize the return of the semen within 30 days in the case of deep-frozen semen, or immediately in the case of fresh semen, the competent veterinary authority of the Member State of destination may order it to be destroyed.
Article 12 Each consignment of semen authorized for admission into the Community by a Member State on the basis of the control referred to in Article 11 (1) must, when sent to the territory of another Member State, be accompanied by the original certificate or an authenticated copy thereof, suitably endorsed, in either case, by the competent authority which was responsible for the control carried out in accordance with Article 11.
Article 13 If it is decided to take destruction measures pursuant to Article 11 (3), any costs incurred shall be chargeable to the consignor, the consignee or their agent, without compensation by the State.