PART V

ENTRY INTO THE UNION AND EXPORT
CHAPTER 1

Entry into the Union of animals, germinal products and products of animal origin from third countries and territories
Section 2

Listing of third countries and territories

Lists of third countries and territories from which the entry into the Union of animals, germinal products and products of animal origin is permitted, and implementing and delegated acts
Article 230
1
The Commission may, by means of implementing acts, draw up lists of third countries and territories from which the entry into the Union of specific species and categories of animals, germinal products and products of animal origin is to be permitted, based on the following criteria:
a
the animal health legislation of the third country or territory concerned and the rules on the entry into that third country or territory of animals, germinal products and products of animal origin from other third countries and territories;
b
the assurances provided by the competent authority of the third country or territory concerned as regards the efficient implementation and control of the animal health legislation referred to in point (a);
c
the organisation, structure, resources and legal powers of the competent authority in the third country or territory concerned;
d
the animal health certification procedures in the third country or territory concerned;
e
the animal health status of the third country or territory concerned, or of zones and compartments thereof, with regard to:
1. listed diseases and emerging diseases;
2. any aspects of animal and public health or the environmental situation in the third country or territory concerned, or in a zone or compartment thereof, which may pose a risk to animal or public health or the environmental status of the Union;
f
the guarantees which the competent authority of the third country or territory concerned can provide regarding compliance or equivalence with the relevant animal health requirements applicable in the Union;
g
the regularity and speed with which the third country or territory concerned supplies information concerning infectious or contagious animal diseases in its territory to the World Organisation for Animal Health (OIE), in particular information concerning the diseases listed in the OIE Codes;
h
the results of controls carried out by the Commission in the third country or territory concerned;
i
any experience gathered from previous entries of animals, germinal products and products of animal origin from the third country or territory concerned and the results of official controls carried out at the point of entry into the Union on such animals, germinal products and products of animal origin.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
2
Pending the adoption of the lists provided for in paragraph 1, and provided that such lists have not been drawn up pursuant to the Union legislation referred to in Article 270(2), Member States shall determine from which third countries and territories specific species and categories of animals, germinal products or products of animal origin may enter the Union.
For the purposes of the first subparagraph of this paragraph, Member States shall take into account the criteria for inclusion in the lists of third countries and territories provided for in points (a) to (i) of paragraph 1 of this Article.
3
The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning derogations from paragraph 2 of this Article, limiting the possibility for Member States to decide from which third countries and territories a specific species and category of animal, germinal product or product of animal origin may enter the Union, where necessary due to the risk posed by that specific species and category of animal, germinal product or product of animal origin.