Commission Implementing Decision (EU) 2019/294 of 18 February 2019 laying down the list of territories and third countries authorised for imports into the Union of dogs, cats and ferrets and the model animal health certificate for such imports (notified under document C(2019) 1059) (Text with EEA relevance) (c. 294)

Commission Implementing Decision (EU) 2019/294

of 18 February 2019

laying down the list of territories and third countries authorised for imports into the Union of dogs, cats and ferrets and the model animal health certificate for such imports

(notified under document C(2019) 1059)

(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/EEC(1), and in particular the introductory phrase and point (b) of the first subparagraph of Article 17(2), point (a) of Article 17(3) and Article 19 thereof,

Whereas:

(1) Directive 92/65/EEC lays down the animal health requirements governing trade in and imports into the Union of certain animals. It provides that the import conditions for dogs, cats and ferrets are to be at least equivalent to the relevant conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and of the Council(2).

(2) Regulation (EU) No 576/2013 provides that where the number of dogs, cats or ferrets moved for non-commercial purposes during a single movement exceeds five, those pet animals are to comply with the animal health requirements laid down in Directive 92/65/EEC for the species concerned, except for certain categories of animals for which a derogation is provided for in Article 5(2) of Regulation (EU) No 576/2013 under certain conditions.

(3) Directive 92/65/EEC provides that dogs, cats and ferrets are to be imported into the Union only from a third country which is on a list drawn up in accordance with the procedure referred to in that Directive. In addition, such animals are to be accompanied by a health certificate corresponding to a specimen drawn up in accordance with the procedure referred to therein.

(4) Commission Implementing Decision 2013/519/EU(3) establishes the common model health certificate for imports into the Union of dogs, cats and ferrets and provides that the territories or third countries they come from and any territories or third countries they transit must be listed in Annex I to Commission Decision 2004/211/EC(4), Part 1 of Annex II to Commission Regulation (EU) No 206/2010(5), or Annex II to Commission Implementing Regulation (EU) No 577/2013(6).

(5) Since Decision 2004/211/EC was repealed and replaced by Commission Implementing Regulation (EU) 2018/659(7) on 1 October 2018, it is necessary to refer to 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 set out in Annex I to that Regulation. However, it should be clarified that the import of dogs, cats and ferrets from third countries listed in that Annex should be authorised only if the third country concerned is listed without time limit indicated in column 16 of Annex I to Implementing Regulation (EU) No 2018/659.

(6) This Decision should therefore provide that imports of dogs, cats or ferrets into the Union are authorised only from territories and third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010, in Annex II to Implementing Regulation (EU) No 577/2013, or listed without time limit in Annex I to Implementing Regulation (EU) 2018/659.

(7) Regulation (EU) No 576/2013 provides that dogs, cats and ferrets are not to be moved into a Member State from a territory or a third country other than those listed in Annex II to Implementing Regulation (EU) No 577/2013 unless they have undergone a rabies antibody titration test that complies with the validity requirements set out in Annex IV to Regulation (EU) No 576/2013.

(8) Those requirements include the obligation to perform that test in a laboratory approved in accordance with Council Decision 2000/258/EC(8) which provides that the Agence française de sécurité sanitaire des aliments (AFSSA) in Nancy, France (integrated since 1 July 2010 in the Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail, ANSES) is to appraise the laboratories in Member States and third countries for the purposes of their authorisation to carry out serological tests to monitor the effectiveness of rabies vaccines in dogs, cats and ferrets.

(9) The common model health certificate for imports into the Union of dogs, cats and ferrets set out in Part 1 of the Annex to Implementing Decision 2013/519/EU is also applicable to the imports of dogs, cats and ferrets for bodies, institutes and centres approved in accordance with Directive 92/65/EEC. Because vaccination against rabies may not have been applied to such animals, this Decision should therefore provide that imports into the Union of dogs, cats or ferrets destined for bodies, institutes and centres approved in accordance with Directive 92/65/EEC are authorised only from territories and third countries listed in Annex II to Implementing Regulation (EU) No 577/2013.

(10) Council Directive 96/93/EC(9) lays down the rules to be observed in issuing the certificates required by veterinary legislation to prevent misleading or fraudulent certification. It is necessary to ensure that rules and principles at least equivalent to those laid down in that Directive are applied by official veterinarians of third countries when they issue health certificates.

(11) In addition, following the mandatory review of Commission Delegated Regulation (EU) No 1152/2011(10), the Commission adopted Delegated Regulation (EU) 2018/772(11) which lays down, inter alia, the rules for the categorisation of Member States, or parts thereof, in view of their eligibility to apply preventive health measures for the control of Echinococcus multilocularis infection in dogs. That Regulation repealed Delegated Regulation (EU) No 1152/2011 with effect from 1 July 2018. The list of Member States complying with the rules for categorisation laid down in Delegated Regulation (EU) 2018/772 for the whole of their territory or parts thereof is set out in the Annex to Commission Implementing Regulation (EU) 2018/878(12). It is therefore appropriate to replace the references to Delegated Regulation (EU) No 1152/2011 by references to Delegated Regulation (EU) 2018/772 and to Implementing Regulation (EU) 2018/878 in the model health certificate.

(12) This Decision should therefore establish the new list of territories and third countries from where imports into the Union of dogs, cats or ferrets are authorised and a common model health certificate for imports into the Union of such animals. Decision 2013/519/EU should therefore be repealed.

(13) In order to avoid any disruption of imports into the Union of consignments of dogs, cats or ferrets, it is necessary to provide for a transitional period until 31 December 2019 in order to allow, subject to certain conditions, for the use of model animal health certificates issued in accordance with Union rules applicable before the date of application of this Decision.

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

HAS ADOPTED THIS DECISION:

Article 1 U.K. List of F1 ... third countries from which dogs, cats or ferrets are authorised to be imported F2 ...

1.  [F3 Consignments of dogs, cats or ferrets may only be imported into Great Britain if the third countries they come from and any third country they transit are included in one of the lists set out in:]

[F4 2. By way of derogation from paragraph 1, consignments of dogs, cats or ferrets destined for an approved body, institute or centre may only be imported into Great Britain if the third countries they come from, and any third countries they transit, are included in the list referred to in paragraph 1(b).

3. With respect to dogs, cats and ferrets, import conditions must be at least equivalent to those provided for in points (a) to (d) of Article 10(1), read subject to point (a) of Article 12(1), of Regulation (EU) No 576/2013.

4. Dogs, cats and ferrets must, during transport to the place of destination, be accompanied by a health certificate completed and signed by an official veterinarian of the third country of dispatch, who has attested that a clinical examination was carried out no more than 48 hours before the dispatch of the animals by a veterinarian authorised by the competent authority who has verified that, at the time of the clinical examination, the animals were fit to be transported for the intended journey.]

Textual Amendments

F1 Words in Art. 1 heading omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(2)(a)(i)

F2 Words in Art. 1 heading omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(2)(a)(ii)

F3 Words in Art. 1(1) substituted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(2)(b)

F4 Art. 1(2)-(4) substituted for Art. 1(2) (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(2)(c)

[F5 Article 1a U.K. Definitions

In this Decision:

(a) “the appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland); but the “the appropriate authority” is the Secretary of State if consent is given by:

(i) in relation to Wales, the Welsh Ministers;

(ii) in relation to Scotland, the Scottish Ministers;

(b) “approved body, institute or centre” means any permanent, geographically limited establishment, approved by the competent authority, where one or more species of animal are habitually kept or bred (whether or not for commercial ends) exclusively for one or more of the following purposes:

(i) display of the animals and education of the public;

(ii) conservation of the species;

(iii) basic or applied scientific research or breeding of animals for the purposes of such research;

(c) “the competent authority” means the central authority of a constituent territory or a territory or third country, as the case may be, competent to carry out veterinary checks, or any authority to which it has delegated that competence;

(d) “constituent territory” means England, Wales or Scotland;

(e) “official veterinarian” means any veterinarian appointed or approved by the competent authority;

(f) “territory or third country” means a territory or country outside the British Islands.]

Textual Amendments

F5 Art. 1a inserted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(3)

Article 2 U.K. Animal health certificate for imports from F6 ... third countries

[F7 The appropriate authority] shall only authorise imports of dogs, cats or ferrets, which comply with the following conditions:

(a)

they are accompanied by an animal health certificate [F8 in the form published by the appropriate authority from time to time,] and completed and signed by an official veterinarian in accordance with [F9 any explanatory notes to the certificate];

(b)

they comply with the requirements of the animal health certificate referred to in point (a) in respect of the F10 ... third countries that they come from and any F10 ... third countries they transit, as referred to in paragraphs 1(a), (b) and (c) of Article 1.

Textual Amendments

F6 Words in Art. 2 heading omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(4)(a)

F7 Words in Art. 2 substituted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(4)(b)

F8 Words in Art. 2(a) substituted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(4)(c)(i)

F9 Words in Art. 2(a) substituted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(4)(c)(ii)

F10 Words in Art. 2(b) omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(4)(d)

Article 3 U.K. Repeal

Implementing Decision 2013/519/EU is repealed.

References to Implementing Decision 2013/519/EU shall be construed as references to this Decision.

F11 Article 4 U.K. Transitional provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Art. 4 omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(5)

Article 5 U.K. Applicability

This Decision shall apply from 1 July 2019.

F12 Article 6 U.K. Addressees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Art. 6 omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(5)

F13 ...

Textual Amendments

F13 Words in Signature omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(5)

F14 ANNEX U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Annex omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 10(5)

(1)

OJ L 268, 14.9.1992, p. 54.

(2)

Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (OJ L 178, 28.6.2013, p. 1).

(3)

Commission Implementing Decision 2013/519/EU of 21 October 2013 laying down the list of territories and third countries authorised for imports of dogs, cats and ferrets and the model health certificate for such imports (OJ L 281, 23.10.2013, p. 20).

(4)

Commission Decision 2004/211/EC of 6 January 2004 establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EEC and 94/63/EC (OJ L 73, 11.3.2004, p. 1).

(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 requirements (OJ L 73, 20.3.2010, p. 1).

(6)

Commission Implementing Regulation (EU) No 577/2013 of 28 June 2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and of the Council (OJ L 178, 28.6.2013, p. 109).

(7)

Commission Implementing Regulation (EU) 2018/659 of 12 April 2018 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae (OJ L 110, 30.4.2018, p. 1).

(8)

Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines (OJ L 79, 30.3.2000, p. 40).

(9)

Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products (OJ L 13, 16.1.1997, p. 28).

(10)

Commission Delegated Regulation (EU) No 1152/2011 of 14 July 2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control of Echinococcus multilocularis infection in dogs (OJ L 296, 15.11.2011, p. 6).

(11)

Commission Delegated Regulation (EU) 2018/772 of 21 November 2017 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs and repealing Delegated Regulation (EU) No 1152/2011 (OJ L 130, 28.5.2018, p. 1).

(12)

Commission Implementing Regulation (EU) 2018/878 of 18 June 2018 adopting the list of Member States, or parts of the territory of Member States, that comply with the rules for categorisation laid down in Article 2(2) and (3) of Delegated Regulation (EU) 2018/772 concerning the application of preventive health measures for the control of Echinococcus multilocularis infection in dogs (OJ L 155, 19.6.2018, p. 1).