PARTÂ IIIMOVEMENTS OF GERMINAL PRODUCTS BETWEEN MEMBER STATES
CHAPTER 4 Additional rules for the granting of derogations by competent authorities for germinal products
Article 45Additional rules for the granting of derogations by competent authorities for germinal products moved to gene banks in another Member State
1.
The competent authorities of the Member States of origin may grant derogations for movements to gene banks in another Member State of germinal products, provided that the operator of the establishment of dispatch has obtained the prior written consent of the competent authority of the Member State of destination to accept the consignment of germinal products, of:
(a)
endangered breeds which do not fulfil the animal health requirements provided for in Chapter 1; or
(b)
terrestrial animals other than bovine, porcine, ovine, caprine and equine animals kept at confined establishments which do not fulfil the animal health requirements provided for in Article 37.
2.
The competent authority of the Member State of destination shall only consent to accept the consignment of germinal products referred to in paragraph 1, provided that:
(a)
the operator of the gene bank intended to receive those germinal products ensures that the germinal products are only used for the ex situ conservation and sustainable use of genetic resources of kept terrestrial animals for which the receiving gene bank was established;
(b)
it has sufficient information, including information provided by the competent authority of the Member State of origin or results of testing, or carries out treatment of the germinal products enabling it to prevent the spread of foot-and-mouth disease, infection with rinderpest virus and other listed diseases.