Council Directive 2002/99/ECShow full title

CHAPTER II U.K. IMPORTS FROM THIRD COUNTRIES

Article 7 U.K. General provisions

Member States shall take measures to ensure that products of animal origin intended for human consumption are introduced from third countries only if they comply with the requirements of Chapter I applicable to all stages of the production, processing and distribution of such products in the Community or if they offer equivalent animal health guarantees.

Article 8 U.K. Compliance with Community rules

In order to ensure compliance with the general obligation laid down in Article 7, the following shall be established in accordance with the procedure referred to in Article 12(2):

1.

Lists of the third countries or regions of third countries from which imports of specified products of animal origin are permitted. A third country shall appear on such lists only if a Community audit of that country has taken place and demonstrates that the competent veterinary authority provides appropriate guarantees as regards compliance with Community legislation.

When drawing up or updating those lists, particular account shall be taken of:

(a)

the legislation of the third country;

(b)

the organisation of the competent veterinary authority and its inspection services in the third country, the powers of these services, the supervision to which they are subject, and the means at their disposal, including staff capacity, to apply their legislation effectively;

(c)

the actual animal health requirements applying to the production, manufacture, handling, storage and dispatch of products of animal origin intended for the Community;

(d)

the assurances which the competent veterinary authority of the third country can give regarding compliance or equivalence with the relevant animal health conditions;

(e)

any experience of marketing the product from the third country and the results of any import controls carried out;

(f)

the results of Community inspections and/or audits carried out in the third country, in particular the results of the assessment of the competent authorities or, where the Commission so requests, the report submitted by the competent authorities of the third country on the inspections which they have carried out;

(g)

the health status of livestock, other domestic animals and wildlife in the third country, with particular regard to exotic animal diseases and any aspects of the general health situation in the country which might pose a risk to public or animal health in the Community;

(h)

the regularity, speed and accuracy with which the third country supplies information on the existence of infectious or contagious animal diseases in its territory, particularly the notifiable diseases listed by the World Organisation for Animal Health (OIE) or, in the case of diseases of aquaculture animals, the notifiable diseases listed in the Aquatic Animal Health Code of the OIE;

(i)

the rules on the prevention and control of infectious or contagious animal diseases in force in the third country and their implementation, including rules on imports from other countries.

2.

The Commission shall arrange for up-to-date versions of all lists drawn up or updated in accordance with this Article to be available to the public. Lists drawn up in accordance with this Article may be combined with other lists drawn up for animal and public health purposes and may also include models of health certificates.

3.

Rules of origin for products of animal origin and the animals from which such products are obtained shall be established in accordance with the procedure referred to in Article 12(2).

4.

Special import conditions for each third country or group of third countries, having regard to the animal health situation of the third country or countries concerned shall be established in accordance with the procedure referred to in Article 12(2).

5.

Where necessary:

• the detailed rules for the application of this Article,

• criteria for classifying third countries and regions thereof with regard to animal diseases, and

• specific rules concerning types of introduction or particular products, such as the introduction of products by travellers or the introduction of commercial samples,

may be established in accordance with the procedure referred to in Article 12(2).

Article 9 U.K. Documents

1. A veterinary certificate meeting the requirements set out in Annex IV shall be presented with consignments of products of animal origin upon their entry into the Community.

2. The veterinary certificate shall certify that the products satisfy:

(a) the requirements laid down for such products under this Directive and under the Community legislation laying down animal health requirements or provisions that are equivalent to those requirements; and

(b) any special import conditions established in accordance with the procedure referred to in Article 12(2).

3. Documents may include details required under other provisions of Community public and animal health legislation.

4. In accordance with the procedure referred to in Article 12(2):

(a) provision may be made for the use of electronic documents,

(b) model documents may be drawn up,

(c) rules and certification for transit may be established.

Article 10 U.K. Community inspections and audits

1. Community inspections and/or audits at all stages covered by this Directive may be carried out in third countries by experts from the Commission in order to verify conformity with or equivalence to Community animal health rules. The experts from the Commission may be accompanied by experts from the Member States authorised by the Commission to carry out these inspections and/or audits.

2. The inspections and/or audits in third countries referred to in paragraph 1 shall be carried out on behalf of the Community, and the Commission shall meet the costs incurred.

3. The procedure for carrying out the inspections and/or audits in third countries referred to in paragraph 1 may be established or modified in accordance with the procedure referred to in Article 12(2).

4. If a serious animal health risk is identified during a Community inspection or audit, the Commission shall immediately take the measures necessary to safeguard animal health, in accordance with Article 22 of Directive 97/78/EC, and inform the Member States thereof.