Commission Implementing Regulation (EU) 2018/1301

of 27 September 2018

amending Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC1, and in particular Article 3(2) and Article 9(1)(c) thereof,
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/EEC2, and in particular Article 17(3) thereof,
Having regard to Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae3, and in particular Article 2(i), Article 12(1), (4) and (5), Article 13(2), Articles 15, 16, 17 and 19 thereof,

Whereas:

(1)

Directive 2009/156/EC lays down the animal health requirements governing imports into the Union of equidae. It provides that only equidae that come from a third country or part of a third country on a list of third countries drawn up in accordance with that Directive, and accompanied by a health certificate corresponding to a model also drawn up in accordance with that Directive, may be imported into the Union. The health certificate should attest that the equidae comply with the health conditions set out in accordance with that Directive.

(2)
Commission Decisions 92/260/EEC4, 93/195/EEC5, 93/196/EEC6, 93/197/EEC7, 94/699/EC8, 95/329/EC, 2003/13/EC9, 2004/177/EC10, 2004/211/EC, 2010/57/EU11 and 2010/471/EU12 lay down the list of third countries, the relevant animal health conditions and the veterinary certification for the introduction into the Union of equidae and of semen, ova and embryos of equidae. Commission Implementing Regulation (EU) 2018/65913 will repeal and replace those Decisions as from 1 October 2018.
(3)

After the adoption of Implementing Regulation (EU) 2018/659, certain of the Commission Decisions relating to the list of third countries and the animal health conditions and veterinary certification for importation of live equidae have been amended.

(4)
In particular, Commission Implementing Decision (EU) 2017/185114 amended Decisions 92/260/EEC and 2004/211/EC, Commission Implementing Decision (EU) 2018/21815 amended Decisions 92/260/EEC, 93/195/EEC and 2004/211/EC, Commission Implementing Decision (EU) 2018/51816 amended Decisions 93/195/EEC and 2004/211/EC and Commission Implementing Decision (EU) 2018/114317 amended Decisions 92/260/EEC and 93/197/EEC. Those amendments should now be incorporated in Implementing Regulation (EU) 2018/659.
(5)

Bosnia and Herzegovina has requested to be included in the list of third countries and parts of the territory of third countries from which the entry into the Union of equidae is authorised.. Bosnia and Herzegovina has a satisfactory record of disease reporting to the World Organisation for Animal Health (OIE). The diseases listed in Annex I to Directive 2009/156/EC are notifiable and the last cases of dourine and glanders in Bosnia and Herzegovina were reported in 1952 and 1959 respectively. Bosnia and Herzegovina is recognised by the OIE as free of African horse sickness. Pending a Commission audit, the temporary admission, the re-entry after temporary export and the import of registered horses from Bosnia and Herzegovina should be authorised.

(6)

Kuwait has presented documentation on the approval of a semen collection centre in accordance with the provisions of Article 17(2)(b)(ii) of Directive 92/65/EEC. Following evaluation of the documents, the entry into the Union of semen of animals of the equine species from Kuwait should be authorised.

(7)

Turkey has provided information documenting that the Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag have remained free of glanders for more than six months since the outbreak on Büyükada Island, Province of Istanbul, had been notified on 15 December 2017. That country has furthermore implemented measures to reduce the risk of introduction of glanders into those Provinces. As a consequence, temporary admission of registered horses, re-entry of registered horses after temporary export and imports of registered horses as well as transit of equidae from the Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag should be authorised.

(8)

Certain third countries from which entry into the Union of equidae is authorised requested clarification on the statements on glanders and dourine in certain of the relevant health certificates. Following evaluation of their request it appears justified to adjust the wording of those statements.

(9)

Annexes I, II and III to Implementing Regulation (EU) 2018/659 should therefore be amended accordingly.

(10)

In order to allow stakeholders to make their arrangements before Implementing Regulation (EU) 2018/659 will apply, it is necessary to provide that this amending Regulation enters into force on the day after the date of its publication.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2018/659 is amended as follows:

  1. (1)

    Annex I is amended in accordance with Annex I to this Regulation.

  2. (2)

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

  3. (3)

    Annex III is amended in accordance with Annex III to this Regulation.

Article 2

This Regulation shall enter into force on the 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, 27 September 2018.

For the Commission

The President

Jean-Claude Juncker

ANNEX I

In Annex I to Implementing Regulation (EU) 2018/659, the list of third countries and parts of the territory of third countries for the entry into the Union of consignments of equidae and of semen, ova and embryos of equidae is replaced by the following:

‘List of third countries18and parts of the territory of third countries19for the entry into the Union of consignments of equidae and of semen, ova and embryos of equidae

ISO-Code

Third country

Code of the part of the territory of the third country

Description of the part of the territory of the third country

SG

TA

Re-En

Imports

Imports

Transit

Specific conditions

RH

RH

RH

ES

RE + EBP

SEMEN

O/E

Equidae

RH

RE

EBP

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

AE

United Arab Emirates

AE-0

Whole country

E

X

X

X

X

X

X

AR

Argentina

AR-0

Whole country

D

X

X

X

X

X

X

X

X

X

X

AU

Australia

AU-0

Whole country

A

X

X

X

X

X

X

X

X

X

X

BA

Bosnia and Herzegovina

BA-0

Whole country

B

X

X

X

X

BB

Barbados

BB-0

Whole country

D

X

X

X

X

X

BH

Bahrain

BH-0

Whole country

E

X

X

X

X

BM

Bermuda

BM-0

Whole country

D

X

X

X

X

X

BO

Bolivia

BO-0

Whole country

D

X

X

X

X

X

BR

Brazil

BR-0

Whole country

BR-1

The states of:

Rio Grande do Sul, Santa Catarina, Mato Grosso do Sul, Distrito Federal and Rio de Janeiro

D

X

X

X

X

X

BY

Belarus

BY-0

Whole country

B

X

X

X

X

X

X

CA

Canada

CA-0

Whole country

C

X

X

X

X

X

X

X

X

X

X

CH

Switzerland18

CH-0

Whole country

A

X

X

X

X

X

X

X

X

X

X

CL

Chile

CL-0

Whole country

D

X

X

X

X

X

X

CN

China

CN-0

Whole country

CN-1

The equine disease-free zone in Conghua City, Guangzhou Municipality, Guangdong Province including the Biosecurity Highway Passage from and to the airport in Guangzhou and Hong Kong (see BOX 1 for details)

G

X

X

X

X

CN-2

The venue for the Global Champions Tour at the Expo 2010 No 15 Parking Lot and the passage to the Shanghai Pudong International Airport in the northern part of the Pudong New area and the Eastern part of the Minhang District of the Metropolitan area of Shanghai (see BOX 1 for details)

G

X

Only if certified in accordance with Chapter 1 of Section B of Part 2 of Annex II

CR

Costa Rica

CR-0

Whole country

CR-1

Metropolitan area of San José

D

X

CU

Cuba

CU-0

Whole country

D

X

X

X

X

DZ

Algeria

DZ-0

Whole country

E

X

X

X

X

X

X

EG

Egypt

EG-0

Whole country

EG-1

The Equine Disease Free Zone established at the Egyptian Armed Forces Veterinary Hospital at El Nasr road, across Al Ahly Club, Cairo, and the highway passage to Cairo International Airport (see BOX 2 for details)

E

X

X

X

FK

Falkland Islands

FK-0

Whole country

A

X

X

X

X

X

GL

Greenland

GL-0

Whole country

A

X

X

X

X

X

X

HK

Hong Kong

HK-0

Whole country

G

X

X

X

X

IL

Israel20

IL-0

Whole country

E

X

X

X

X

X

X

X

X

IS

Iceland22

IS-0

Whole country

A

X

X

X

X

X

X

X

X

X

JM

Jamaica

JM-0

Whole country

D

X

X

X

X

JO

Jordan

JO-0

Whole country

E

X

X

X

X

JP

Japan

JP-0

Whole country

G

X

X

X

X

KG

Kyrgyzstan

KG-0

Whole country

KG-1

Region of Issyk-Kul

B

X

X

KR

Korea Republic

KR-0

Whole country

G

X

X

X

X

KW

Kuwait

KW-0

Whole country

E

X

X

X

X

X

LB

Lebanon

LB-0

Whole country

E

X

X

X

X

MA

Morocco

MA-0

Whole country

E

X

X

X

X

X

X

X

X

X

ME

Montenegro

ME-0

Whole country

B

X

X

X

X

X

X

MK

fYROM21

MK-0

Whole country

B

X

X

X

X

X

X

MO

Macao

MO-0

Whole country

G

X

X

X

X

MY

Malaysia

MY-0

Whole country

MY-1

Peninsula

G

X

X

X

X

MU

Mauritius

MU-0

Whole country

E

X

X

MX

Mexico

MX-0

Whole country

C

MX-1

Metropolitan area of Mexico-City

C

X

Only if certified in accordance with Chapter 1 of Section B of Part 2 of Annex II

NO

Norway22

NO-1

Whole country

A

X

X

X

X

X

X

X

X

X

X

NZ

New Zealand

NZ-0

Whole country

A

X

X

X

X

X

X

OM

Oman

OM-0

Whole country

E

X

X

X

X

PE

Peru

PE-0

Whole country

PE-1

Region of Lima

D

X

X

X

X

PM

St Pierre & Miquelon

PM-0

Whole country

A

X

X

X

PY

Paraguay

PY-0

Whole country

D

X

X

X

X

X

X

QA

Qatar

QA-0

Whole country

E

X

X

X

X

RS

Serbia23

RS-0

Whole country

B

X

X

X

X

X

X

RU

Russia

RU-0

Whole country

RU-1

Provinces of Kaliningrad, Arkhangelsk, Vologda, Murmansk, Leningrad, Novgorod, Pskov, Briansk, Vladimir, Ivanovo, Tver, Kaluga, Kostroma, Moskva, Orjol, Riasan, Smolensk, Tula, Jaroslavl, Nijninovgorod, Kirov, Belgorod, Voronesh, Kursk, Lipezk, Tambov, Astrahan, Volgograd, Penza, Saratov, Uljanovsk, Rostov, Orenburg, Perm and Kurgan

B

X

X

X

X

X

X

RU-2

Regions of Stavropol and Krasnodar

B

X

X

X

X

X

X

RU-3

Republics of Karelia, Marij-El, Mordovia, Chuvachia, Kalmykia, Tatarstan, Dagestan, Kabardino-Balkaria, Severnaya Osetia, Ingushetia and Karachaevo-Cherkesia

B

X

X

X

X

X

X

SA

Saudi Arabia

SA-0

Whole country

SA-1

Whole country, except SA-2

E

X

X

X

X

X

SA-2

Protection and surveillance zones in the provinces of Jizan, Asir and Najran as described in BOX 3

SG

Singapore

SG-0

Whole country

G

X

X

X

X

TH

Thailand

TH-0

Whole country

G

X

X

X

X

TN

Tunisia

TN-0

Whole country

E

X

X

X

X

X

X

TR

Turkey

TR-0

Whole country

TR-1

Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag

E

X

X

X

X

X

UA

Ukraine

UA-0

Whole country

B

X

X

X

X

X

X

X

X

X

US

United States of America

US-0

Whole country

C

X

X

X

X

X

X

X

X

X

X

UY

Uruguay

UY-0

Whole country

D

X

X

X

X

X

X

X

X

X

ZA

South Africa

ZA-0

Whole country

ZA-1

Metropolitan area of Cape-Town (see BOX 4 for details)

F

Commission Decision 2008/698/EC’

20

Hereinafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

22

Without prejudice to specific certification requirements provided for in Article 17 of the Agreement on the European Economic Area (OJ L 1, 3.1.1994, p. 3).

21

The former Yugoslav Republic of Macedonia - the definitive nomenclature for this country will be agreed following current negotiations at UN level.

23

Excluding Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.

ANNEX II

In Annex II to Implementing Regulation (EU) 2018/659, Parts 1, 2 and 3 are replaced by the following:

‘PART 1Temporary admission and transit

Section AModel health certificate and model declaration for the temporary admission of registered horses into the Union for a period of less than 90 days

Section BModel health certificate and model declaration for the transit of live equidae through the Union from one third country or part of the territory of a third country to another third country or another part of the territory of the same third country

PART 2Re-entry after temporary export

Section AModel health certificate and model declaration for the re-entry into the Union of registered horses for racing, competition and cultural events after temporary export for a period of not more than 30 days

Section BModel health certificates and model declarations applicable to re-entry into the Union of registered horses temporarily exported for specific competitions or races

Chapter 1Model health certificate and model declaration applicable to re-entry into the Union of registered horses for competition after temporary export for a period of not more than 90 days to participate in equestrian events organised under the auspices of the Fédération Equestre Internationale (FEI)(Test event in preparation of the Olympic Games, Olympic Games, Paralympics, World Equestrian Games, Asian Equestrian Games, American Equestrian Games, Endurance World Cup in United Arab Emirates)

Chapter 2Model health certificate and model declaration applicable to re-entry into the Union of registered horses for racing after temporary export for a period of not more than 90 days to participate in specific race events in Australia, Canada, the United States of America, Hong Kong, Japan, Singapore, the United Arab Emirates or Qatar(International Group/Grade meetings, the Japan Cup, the Melbourne Cup, the Dubai Racing World-Cup, the Hong Kong International Races)

PART 3Imports

Section AModel health certificates and model declaration for imports into the Union of an individual registered horse, registered equine animal or equine animal for breeding and production

Section BModel health certificate and model declaration for imports into the Union of consignments of domestic equidae for slaughter’

ANNEX III

In Annex III to Implementing Regulation (EU) 2018/659, Part 2 is amended as follows:

  1. (1)

    in Section A, the words ‘Equine ova/embryos’ in the header of Part II of the model health certificate are replaced by ‘Equine ova/embryos - Section A’;

  2. (2)

    in Section B, the words ‘Equine ova/embryos’ in the header of Part II of the model health certificate are replaced by ‘Equine ova/embryos - Section B’.