Commission Regulation (EU) No 810/2010

of 15 September 2010

amending Regulation (EU) No 206/2010 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

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC1, and in particular Article 17(3)(a) thereof,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption2, and in particular the introductory phrase of Article 8, the first subparagraph of point (1) of Article 8, point (4) of Article 8, Article 9(2) and Article 9(4)(b) thereof,
Having regard to Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC3, and in particular the first and second subparagraphs of Article 3(1), the first subparagraph of Article 6(1), point (e) of Article 7, Article 8, the first subparagraph of Article 10 and Article 13(1) thereof,

Whereas:

(1)
Commission Regulation (EU) No 206/20104 lays down the veterinary certification requirements for the introduction into the Union of certain consignments of live animals or fresh meat. It also lays down the lists of third countries, territories or parts thereof from which those consignments may be introduced into the Union.
(2)

Regulation (EU) No 206/2010 provides that consignments of fresh meat intended for human consumption are to be imported into the Union only if they come from the third countries, territories or parts thereof listed in Part 1 of Annex II to that Regulation for which there is a model veterinary certificate corresponding to the consignment concerned listed in that Part. In addition, those consignments must comply with the requirements set out in the appropriate veterinary certificate which must be drawn up in accordance with the models set out in Part 2 of that Annex.

(3)

In addition, Regulation (EU) No 206/2010 provides that consignments of certain species of bees are only to be introduced into the Union from third countries or territories listed in Part 1 of Annex II to that Regulation where the presence of the small hive beetle (Aethina tumida) is subject to compulsory notification throughout the whole territory of the third country or territory concerned. However, consignments of bees may be introduced into the Union from a part of a third country or territory listed in that Part 1 which is a geographically and epidemiologically isolated part of the third country or territory and listed in the third column of the table in Section 1 of Part 1 of Annex IV. The State of Hawaii is currently listed in that column.

(4)

Regulation (EU) No 206/2010 provided for a transitional period until 30 June 2010 during which time consignments of live animals and fresh meat intended for human consumption and accompanied by veterinary certificates issued in accordance with the rules in force before the entry into force of that Regulation may continue to be introduced into the Union.

(5)
Due to some transposition errors in the published version of Regulation (EU) No 206/2010 in particular in the model certificates set out in the Annexes to that Regulation it has been republished in the Official Journal5. The transitional period provided for in Regulation (EU) No 206/2010 should therefore be extended to take account of the period between the initial publication of that Regulation and the republication of the corrected version.
(6)

Argentina has requested the authorisation to export to the Union de-boned and matured wild deer meat of animals from an EU approved area free of foot and mouth disease with vaccination (AR-1). That third country has also provided sufficient animal health guarantees in support of its request. The model veterinary certificate RUW should therefore be indicated in column 4 of the table in Part 1 of Annex II to Regulation (EU) No 206/2010 for the part of the territory of Argentina indicated as AR-1 in the second column of that Part.

(7)

Considering that provided the EU animal health rules are respected and in particular that the bovine, caprine and ovine animals collected at assembly centres including markets can be guaranteed to be of the same health status by an adequate animal identification and traceability system, then those animals destined for slaughter for production of fresh meat to be exported to the Union could be sourced from one assembly centre and then sent directly to an approved slaughterhouse. The animal identification and traceability system in Namibia has been shown to ensure that animals at such collection centres have the same health status concerning export requirements to the EU and can fulfil the supplementary guarantees (J) as referred to in the appropriate column in Part 1 of Annex II to this Regulation.

(8)

On 5 May 2010, the United States notified the Commission of outbreaks of the small hive beetle in parts of the State of Hawaii. The introduction of consignments of bees from that state could pose a serious threat to bee populations in the Union. Accordingly, the listing of the State of Hawaii in the third column of the table in Section 1 of Part 1 of Annex IV to Regulation (EU) No 206/2010 should be suspended from that date.

(9)

Regulation (EU) No 206/2010 should therefore be amended accordingly.

(10)

It is necessary to provide for a transitional period in order to give Member States and the industry sufficient time to take the necessary measures to comply with the requirements laid down in Regulation (EU) No 206/2010, as amended by this Regulation, without disrupting trade.

(11)

It is necessary for this Regulation to have retroactive effect in order to avoid any unnecessary disruption to trade in view of the very recent publication of the corrigendum affecting in particular the veterinary certificates.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 206/2010 is amended as follows:

  1. (1)

    Article 19 is replaced by the following wording:

    ‘For a transitional period those consignments of live animals, except bees coming from the State of Hawaii, and fresh meat intended for human consumption certified before 30 November 2010 in accordance with Decisions 79/542/EEC and 2003/881/EC may continue to be introduced into the Union until 31 May 2011.’

  2. (2)

    Annex II is amended in accordance with the Annex to this Regulation.

  3. (3)

    In Annex IV, Part 1, the table in Section 1 is replaced by the following:

    ‘Country/territory

    Code of part of the country/territory

    Description of part of the country/territory

    US – United States

    US-A

    The State of Hawaii6
    6

    Suspended from 5 May 2010.’

Article 2

For a transitional period, consignments of fresh meat intended for human consumption in respect of which the relevant veterinary certificates have been certified before 30 November 2010, in accordance with the models BOV and OVI, as set out in Part 2 of Annex II to Regulation (EU) No 206/2010 before the amendments introduced by Article 1(2) of this Regulation, may continue to be introduced into the Union until 31 May 2011.

Article 3

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States

Done at Brussels, 15 September 2010.

For the Commission

The President

José Manuel Barroso

ANNEX

Annex II is amended as follows:

  1. (1)

    Part 1 is replaced by the following:

    ‘PART 1

    List of third countries, territories and parts thereof7

    ISO code and name of third country

    Code of Territory

    Description of third country, territory or part thereof

    Veterinary certificate

    Specific conditions

    Closing date8
    Opening date9

    Model(s)

    SG

    1

    2

    3

    4

    5

    6

    7

    8

    AL – Albania

    AL-0

    Whole country

    —

    AR – Argentina

    AR-0

    Whole country

    EQU

    AR-1

    The Provinces of:

    • Buenos Aires,

    • Catamarca,

    • Corrientes (except the departments of Berón de Astrada, Capital, Empedrado, General Paz, Itati, Mbucuruyá, San Cosme and San Luís del Palmar)

    • Entre Ríos,

    • La Rioja,

    • Mendoza,

    • Misiones,

    • Part of Neuquén (excluding territory included in AR-4),

    • Part of Río Negro (excluding territory included in AR-4),

    • San Juan,

    • San Luis,

    • Santa Fe,

    • Tucuman,

    • Cordoba,

    • La Pampa,

    • Santiago del Estero,

    • Chaco, Formosa, Jujuy and Salta, excluding the buffer area of 25 Km from the border with Bolivia and Paraguay that extends from the Santa Catalina District in the Province of Jujuy, to the Laishi District in the Province of Formosa

    BOV

    A

    1

    18 March 2005

    RUF

    A

    1

    1 December 2007

    RUW

    A

    1

    1 August 2010

    AR-2

    Chubut, Santa Cruz and Tierra del Fuego

    BOV, OVI, RUW, RUF

    1 March 2002

    AR-3

    Corrientes: the departments of Berón de Astrada, Capital, Empedrado, General Paz, Itati, Mbucuruyá, San Cosme and San Luís del Palmar

    BOV, RUF

    A

    1

    1 December 2007

    AR-4

    Part of Río Negro (except: in Avellaneda the zone located north of the Provincial road 7 and east of the Provincial road 250, in Conesa the zone located east of the Provincial road 2, in El Cuy the zone located north of the Provincial road 7 from its intersection with the Provincial road 66 to the border with the Department of Avellaneda, and in San Antonio the zone located east of the Provincial roads 250 and 2)

    Part of Neuquén (except in Confluencia the zone located east of the Provincial road 17, and in Picun Leufú the zone located east of the Provincial road 17)

    BOV, OVI, RUW, RUF

    1 August 2008

    AU – Australia

    AU-0

    Whole country

    BOV, OVI, POR, EQU, RUF, RUW, SUF, SUW

    BA –

    Bosnia and Herzegovina

    BA-0

    Whole country

    —

    BH – Bahrain

    BH-0

    Whole country

    —

    BR – Brazil

    BR-0

    Whole country

    EQU

    BR-1

    • State of Minas Gerais

    • State of Espírito Santo;

    • State of Goiás;

    • State of Mato Grosso

    • State of Rio Grande do Sul, State of Mato Grosso do Sul (except for the designated high surveillance zone of 15 Km from the external borders in the municipalities of Porto Murtinho, Caracol, Bela Vista, Antônio João, Ponta Porã, Aral Moreira, Coronel Sapucaia, Paranhos, Sete Quedas, Japorã, and Mundo Novo and the designated high surveillance zone in the municipalities of Corumbá and Ladário).

    BOV

    A and H

    1

    1 December 2008

    BR-2

    State of Santa Catarina

    BOV

    A and H

    1

    31 January 2008

    BR-3

    States of Paraná and São Paulo

    BOV

    A and H

    1

    1 August 2008

    BW – Botswana

    BW-0

    Whole country

    EQU, EQW

    BW-1

    The veterinary disease control zones 3c, 4b, 5, 6, 8, 9 and 18

    BOV, OVI, RUF, RUW

    F

    1

    1 December 2007

    BW-2

    The veterinary disease control zones 10, 11, 13 and 14

    BOV, OVI, RUF, RUW

    F

    1

    7 March 2002

    BW-3

    The veterinary disease control zone 12

    BOV, OVI, RUF, RUW

    F

    1

    20 October 2008

    20 January 2009

    BY – Belarus

    BY-0

    Whole country

    —

    BZ – Belize

    BZ-0

    Whole country

    BOV, EQU

    CA – Canada

    CA-0

    Whole country

    BOV, OVI, POR, EQU, SUF, SUW RUF, RUW,

    G

    CH – Switzerland

    CH-0

    Whole country

    *

    CL – Chile

    CL-0

    Whole country

    BOV, OVI, POR, EQU, RUF, RUW, SUF

    CN – China

    CN-0

    Whole country

    —

    CO – Colombia

    CO-0

    Whole country

    EQU

    CR – Costa Rica

    CR-0

    Whole country

    BOV, EQU

    CU – Cuba

    CU-0

    Whole country

    BOV, EQU

    DZ – Algeria

    DZ-0

    Whole country

    —

    ET – Ethiopia

    ET-0

    Whole country

    —

    FK –

    Falkland Islands

    FK-0

    Whole country

    BOV, OVI, EQU

    GL – Greenland

    GL-0

    Whole country

    BOV, OVI, EQU, RUF, RUW

    GT – Guatemala

    GT-0

    Whole country

    BOV, EQU

    HK – Hong Kong

    HK-0

    Whole country

    —

    HN – Honduras

    HN-0

    Whole country

    BOV, EQU

    HR – Croatia

    HR-0

    Whole country

    BOV, OVI, EQU, RUF, RUW

    IL – Israel

    IL-0

    Whole country

    —

    IN – India

    IN-0

    Whole country

    —

    IS – Iceland

    IS-0

    Whole country

    BOV, OVI, EQU, RUF, RUW

    KE – Kenya

    KE-0

    Whole country

    —

    MA – Morocco

    MA-0

    Whole country

    EQU

    ME – Montenegro

    ME-0

    Whole country

    BOV, OVI, EQU

    MG – Madagascar

    MG-0

    Whole country

    —

    MK –

    Former Yugoslav Republic of Macedonia10

    MK-0

    Whole country

    OVI, EQU

    MU – Mauritius

    MU-0

    Whole country

    —

    MX – Mexico

    MX-0

    Whole country

    BOV, EQU

    NA – Namibia

    NA-0

    Whole country

    EQU, EQW

    NA-1

    South of the cordon fences which extend from Palgrave Point in the west to Gam in the east

    BOV, OVI, RUF, RUW

    F and J

    1

    NC – New Caledonia

    NC-0

    Whole country

    BOV, RUF, RUW

    NI – Nicaragua

    NI-0

    Whole country

    —

    NZ – New Zealand

    NZ-0

    Whole country

    BOV, OVI, POR, EQU, RUF, RUW, SUF, SUW

    PA – Panama

    PA-0

    Whole country

    BOV, EQU

    PY – Paraguay

    PY-0

    Whole country

    EQU

    PY-1

    Whole country except for the designated high surveillance zone of 15 Km from the external borders

    BOV

    A

    1

    1 August 2008

    RS – Serbia11

    RS-0

    Whole country

    BOV, OVI, EQU

    RU – Russia

    RU-0

    Whole country

    —

    RU-1

    Region of Murmansk, Yamalo-Nenets autonomous area

    RUF

    SV – El Salvador

    SV-0

    Whole country

    —

    SZ – Swaziland

    SZ-0

    Whole country

    EQU, EQW

    SZ-1

    Area west of the “red line” fences which extends northwards from the river Usutu to the frontier with South Africa west of Nkalashane

    BOV, RUF, RUW

    F

    1

    SZ-2

    The veterinary foot and mouth disease surveillance and vaccination control areas as gazetted as a Statutory Instrument under legal notice number 51 of 2001

    BOV, RUF, RUW

    F

    1

    4 August 2003

    TH – Thailand

    TH-0

    Whole country

    —

    TN – Tunisia

    TN-0

    Whole country

    —

    TR – Turkey

    TR-0

    Whole country

    —

    TR-1

    The provinces of Amasya, Ankara, Aydin, Balikesir, Bursa, Cankiri, Corum, Denizli, Izmir, Kastamonu, Kutahya, Manisa, Usak, Yozgat and Kirikkale

    EQU

    UA – Ukraine

    UA-0

    Whole country

    —

    US – United States

    US-0

    Whole country

    BOV, OVI, POR, EQU, SUF, SUW, RUF, RUW

    G

    UY – Uruguay

    UY-0

    Whole country

    EQU

    BOV

    A

    1

    1 November 2001

    OVI

    A

    1

    ZA – South Africa

    ZA-0

    Whole country

    EQU, EQW

    ZA-1

    The whole country except:

    • the part of the foot-and-mouth disease control area situated in the veterinary regions of Mpumalanga and Northern provinces, in the district of Ingwavuma of the veterinary region of Natal and in the border area with Botswana east of longitude 28°, and

    • the district of Camperdown, in the province of KwaZulu-Natal

    BOV, OVI, RUF, RUW

    F

    1

    ZW – Zimbabwe

    ZW-0

    Whole country

    —

    * Requirements as in accordance with the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).

    — No certificates are laid down and fresh meat imports shall be prohibited, except for those species where indicated in the line comprising the entry for the whole country.

    “1” Category restrictions:

    No offal is authorised for introduction into the Union except for bovine species, diaphragm and masseter muscles.’

    8

    Meat from animals slaughtered on or before the date set out in column 7 may be imported into the Union for 90 days from that date. However, consignments carried on vessels on the high seas may be imported into the Union if certified before the date set out in column 7 for 40 days from that date. (Where there is no date set out in column 7, no time restrictions shall apply).

    9

    Only meat from animals slaughtered on or after the date set out in column 8 may be imported into the Union. Where there is no date set out in column 8, no time restrictions shall apply.

    10

    The former Yugoslav Republic of Macedonia; provisional code that does not prejudge in any way the definitive nomenclature for this country, which will be agreed following the conclusion of negotiations currently taking place on this subject in the United Nations.

    11

    Not including Kosovo which is at present under international administration pursuant to United Nations Security Council Resolution 1244 of 10 June 1999.

  2. (2)

    Part 2 is amended as follows:

    1. (a)

      the introductory list is replaced by the following:

      ‘PART 2Models of veterinary certificates

      Model(s):

      • “BOV”

        Model of veterinary certificate for fresh meat, including minced meat, of domestic bovine animals (including Bison and Bubalus species and their cross-breeds).

      • “OVI”

        Model of veterinary certificate for fresh meat, including minced meat, of domestic ovine animals (Ovis aries) and domestic caprine animals (Capra hircus).

      • “POR”

        Model of veterinary certificate for fresh meat, including minced meat, of domestic porcine animals (Sus scrofa).

      • “EQU”

        Model of veterinary certificate for fresh meat, excluding minced meat, of domestic solipeds (Equus caballus, Equus asinus and their cross-breeds).

      • “RUF”

        Model of veterinary certificate for fresh meat, excluding offal and minced meat, of farmed non-domestic animals of the order Artiodactyla (excluding bovine animals (including Bison and Bubalus species and their cross-breeds), Ovis aries, Capra hircus, Suidae and Tayassuidae), and of the families Rhinocerotidae and Elephantidae.

      • “RUW”

        Model of veterinary certificate for fresh meat, excluding offal and minced meat, of wild non-domestic animals of the order Artiodactyla (excluding bovine animals (including Bison and Bubalus species and their cross-breeds), Ovis aries, Capra hircus, Suidae and Tayassuidae), and of the families Rhinocerotidae and Elephantidae.

      • “SUF”

        Model of veterinary certificate for fresh meat, excluding offal and minced meat, of farmed non-domestic animals belonging to the Suidae, Tayassuidae, or Tapiridae families.

      • “SUW”

        Model of veterinary certificate for fresh meat, excluding offal and minced meat, of wild non-domestic animals belonging to the Suidae, Tayassuidae, or Tapiridae families.

      • “EQW”

        Model of veterinary certificate for fresh meat, excluding offal and minced meat, of wild solipeds belonging to the subgenus Hippotigris (zebra).

      SG (Supplementary guarantees)

      • “A”

        guarantees regarding the maturation, pH measurement and boning of fresh meat, excluding offal, certified according to the models of veterinary certificates BOV (point II.2.6), OVI (point II.2.6), RUF (point II.2.7) and RUW (point II.2.4).

      • “C”

        guarantees regarding the laboratory test for classical-swine-fever in the carcases from which fresh meat was obtained, certified according to the model of veterinary certificate SUW (point II.2.3 B).

      • “D”

        guarantees regarding swill feed on holding(s) of animals from which fresh meat certified was obtained according to the model of veterinary certificate POR (point II.2.3 d).

      • “E”

        guarantees regarding tuberculosis test in the animals from where fresh meat certified was obtained, according to the model of veterinary certificate BOV (point II.2.4 d).

      • “F”

        guarantees regarding the maturation and de-boning of fresh meat, excluding offal, certified according to the models of veterinary certificates BOV (point II.2.6), OVI (point II.2.6), RUF (point II.2.6) and RUW (point II.2.7).

      • “G”

        guarantees regarding 1, exclusion of offals and spinal cord; and 2, testing and origin of cervid animals in relation to chronic wasting disease as referred to in the models of veterinary certificates RUF (point II.1.7) and RUW (point II.1.8).

      • “H”

        supplementary guarantees required for Brazil. Concerning vaccination programmes, as the State of Santa Catarina in Brazil does not vaccinate against foot and mouth disease, the reference to a vaccination programme is not applicable for meat coming from animals originating and slaughtered in that State.

      • “J”

        guarantees regarding the movement of bovine, ovine and caprine animals from holdings to the slaughterhouse, which allow them to pass via an assembly centre (including markets) before being transported directly to slaughter.’

    2. (b)

      the ‘Model BOV’ is replaced by the following:

      ‘Model BOV’

    3. (c)

      The ‘Model OVI’ is replaced by the following:

      ‘Model OVI’