Commission Regulation (EU) No 144/2011

of 17 February 2011

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 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 consumption1, and in particular the introductory phrase of Article 8, the first subparagraph of Article 8(1) and Article 9(2)(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/EEC2, and in particular the first subparagraph of Article 6(1) and Article 7(e) thereof,

Whereas:

(1)
Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine3 applies to intra-Union trade in bovine animals. It provides that bovine animals for breeding and production must come from an officially enzootic-bovine-leukosis-free herd and if more than 12 months old, have reacted negatively to an individual test carried out during the 30 days prior to leaving the herd of origin and complying with the provisions of Annex D thereto.
(2)
Directive 64/432/EEC also sets out diagnostic tests to be used for brucellosis and the certification requirements for intra-Union trade in bovine animals for breeding and production. In addition, that Directive, as amended by Commission Decision 2008/984/EC4, now includes fluorescence polarization assay as a standard diagnostic test.
(3)

Directive 2004/68/EC lays down the animal health requirements for the importation into, and transit through, the Union of live ungulates. Those requirements include specific animal health requirements for live ungulates which are to be based on the rules laid down in Union legislation for the diseases to which those animals are susceptible.

(4)

Directive 2004/68/EC also provides that specific conditions may be laid down for third countries for which equivalence has been formally recognised by the Union based on the official health guarantees provided by the third country concerned.

(5)
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 requirements5 lays down the veterinary certification requirements for the introduction into the Union of certain consignments of live animals or fresh meat. Annexes I and II thereto lay down lists of third countries, territories or parts thereof from which consignments of those animals and meat may be introduced into the Union.
(6)

In addition, Annex I to Regulation (EU) No 206/2010 sets out specific conditions for the introduction into the Union of domestic bovine animals intended for breeding and production, together with a model veterinary certificate for those animals, including Bubalus and Bison species, and their cross-breeds (BOV-X).

(7)

Special condition ‘IVb’ of Annex I to Regulation (EU) No 206/2010 refers to ‘territory with approved holdings recognised as having an official enzootic-bovine-leukosis (EBL) free status for the purposes of exports to the Union of live animals certified according to the model of certificate (BOV–X)’. That special condition should be amended to take account of the provisions concerning officially enzootic-bovine-leukosis-free herds laid down in Directive 64/432/EEC.

(8)

Accordingly, specific condition IVb set out in Part 1 of Annex I to Regulation (EU) No 206/2010 and model of veterinary certificate (BOV-X) set out in Part 2 of that Annex should therefore be amended accordingly.

(9)

In addition, Part 6 of Annex I to Regulation (EU) No 206/2010 should be amended to take account of the flurorescence polarization essay diagnostic test set out in Directive 64/432/EEC.

(10)

Regulation (EU) No 206/2010 also provides that fresh meat introduced into the Union must satisfy the requirements set out in the appropriate veterinary certificate for that meat in accordance with the models set out in Part 2 of Annex II, taking into account any specific conditions or supplementary guarantees required for such meat.

(11)

Botswana has requested the authorisation to export to the Union de-boned and matured bovine meat of animals from the veterinary control zone 4a within the territory identified as BW-4 in column 2 of the table in Part 1 of Annex II to Regulation (EU) No 206/2010.

(12)

Requirements for imports of meat from third countries into the Union depend on the animal health status of the exporting third country, territory or part thereof. The World Organisation for Animal Health (OIE) determines the foot-and-mouth disease (FMD) status of its member countries and in May 2010 recognised the area in question as a FMD free zone where vaccination is not practised. Botswana has established an intensive surveillance zone of 10 km to segregate the disease free zone from other parts of that country.

(13)

Botswana should thus be authorised for the introduction into the Union of de-boned and matured bovine meat of animals from the disease free zone. Column 4 of the table in Part 1 of Annex II to Regulation (EU) No 206/2010 should therefore refer to model veterinary certificate BOV. Part 1 of Annex II to that Regulation should therefore be amended accordingly.

(14)

Annexes I and II to Regulation (EU) No 206/2010 should therefore be amended accordingly.

(15)

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 any disruption to trade.

(16)

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

Annexes I and II to Regulation (EU) No 206/2010 are amended in accordance with the Annex to this Regulation.

Article 2

For a transitional period until 31 May 2011, consignments of domestic bovine animals intended for breeding and/or production after import accompanied by a veterinary certificate in accordance with the Model BOV-X, as set out in Part 2 of Annex I to Regulation (EU) No 206/2010 before the amendments introduced by Article 1 of this Regulation, may continue to be introduced into the Union.

Article 3

This Regulation shall enter into force on the 20th day following 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.

ANNEX

The Annexes to Regulation (EU) No 206/2010 are amended as follows:

  1. (1)

    Annex I is amended as follows:

    1. (a)

      In Part 1, specific condition ‘IVb’ is replaced by the following:

      ‘ “IVb”:

      recognised as having officially enzootic-bovine-leukosis (EBL)-free herds equivalent to the requirements set out in Annex D to Directive 64/432/EEC for the purposes of exports to the Union of live animals certified according to the model of certificate BOV–X.’

    2. (b)

      In Part 2, Model BOV-X is replaced by the following:

      ‘Model BOV-X’

    3. (c)

      In Part 6, the protocol for Brucellosis (Brucella abortus) (BRL) is replaced by the following:

      ‘Brucellosis (Brucella abortus) (BRL)

      The serum agglutination test, complement fixation test, buffered brucella antigen test, enzyme-linked immunosorbent assays (ELISA) and fluorescence polarisation assay (FPA) shall be carried out according to Annex C to Directive 64/432/EEC.’

  2. (2)

    In Annex II, Part 1, is replaced by the following:

    ‘PART 1

    List of third countries, territories and parts thereof6

    ISO code and name of third country

    Code of Territory

    Description of third country, territory or part thereof

    Veterinary certificate

    Specific conditions

    Closing date7
    Opening date8

    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

    BW-4

    The veterinary disease control zone 4a, except the intensive surveillance buffer zone of 10 km along the boundary with the foot and mouth disease vaccination zone and wildlife management areas

    BOV

    F

    1

    X118 February 2011

    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 Macedonia9

    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 – Serbia10

    RS-0

    Whole country

    BOV, OVI, EQU

    RU – Russia

    RU-0

    Whole country

    —

    RU-1

    Region of Murmansk, Yamolo-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

    —

    Footnotes:

    • *

      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 are 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, in the case of bovine species, diaphragm and masseter muscles).’

    7

    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. 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.(N.B.: no date in column 7 means that there are no time restrictions).

    8

    Only meat from animals slaughtered on or after the date set out in column 8 may be imported into the Union (no date in column 8 means that there are no time restrictions).

    9

    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.

    10

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