CHAPTER VIIIEntry into the Union of breeding animals and their germinal products
Article 34Listing of breeding bodies
1
The Commission shall maintain, update and publish a list of breeding bodies.
2
The Commission shall only include in the list provided for in paragraph 1 a breeding body in respect of which it has received from an official service of the third country documentation demonstrating that the breeding body meets the following requirements:
a
it carries out a breeding programme that is equivalent to breeding programmes approved in accordance with Article 8(3) carried out by breed societies on the same breed, or carried out by breeding operations on the same breed, line or cross, as regards:
- (i)
the entry of breeding animals in breeding books or their registration in breeding registers;
- (ii)
the acceptance of breeding animals for breeding;
- (iii)
the use of germinal products of breeding animals for testing and breeding;
- (iv)
the methods used for performance testing and genetic evaluation;
b
it is supervised or controlled by an official service in that third country;
c
it has adopted rules of procedure to ensure that breeding animals entered in breeding books by breed societies or registered in breeding registers by breeding operations, and the offspring produced from germinal products of such breeding animals, are entered or eligible for entry without discrimination on account of their country of origin, in the case of purebred breeding animals, in the breeding book of the same breed, or, in the case of hybrid breeding pigs, in the breeding register of the same breed, line or cross, maintained by that breeding body.
3
The Commission shall also include in the list provided for in paragraph 1 of this Article the reference to those third countries that have measures in place which are considered to be equivalent in accordance with Article 35, including a reference to all the breeding bodies in those third countries.
4
The Commission shall, without undue delay, remove from the list any breeding bodies which no longer fulfil at least one of the requirements referred to in paragraph 2.
Article 35Equivalence of measures applied to animal breeding in third countries
1
The Commission may adopt implementing acts, recognising that measures applied in a third country are equivalent to those required by this Regulation in relation to the following:
a
the recognition of breed societies and breeding operations provided for in Article 4;
b
the approval of breeding programmes of breed societies and breeding operations provided for in Article 8;
c
the entry of purebred breeding animals in breeding books and the registration of hybrid breeding pigs in breeding registers provided for in Articles 18, 20 and 23;
d
the acceptance of breeding animals for breeding provided for in Articles 21, 22 and 24;
e
the use of germinal products of breeding animals for testing and breeding provided for in Articles 21 and 24;
f
the performance testing and genetic evaluation provided for in Article 25;
g
the official controls on operators provided for in Article 43.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(2).
2
The implementing acts referred to in paragraph 1 shall be adopted on the basis of:
a
a thorough examination of the information and data provided by the third country which is seeking to have its measures recognised as equivalent to those required by this Regulation;
b
where appropriate, the satisfactory outcome of a control performed by the Commission in accordance with Article 57.
3
The implementing acts referred to in paragraph 1 may set out the detailed arrangements governing the entry of breeding animals and the germinal products thereof into the Union from the third country concerned and may include:
a
the format and content of the zootechnical certificates accompanying those breeding animals or the germinal products thereof;
b
specific requirements applicable to the entry into the Union of those breeding animals or the germinal products thereof and the official controls to be performed on those breeding animals or on the germinal products thereof upon entry into the Union;
c
where necessary, procedures for drawing up and amending lists of breeding bodies, located in the third country concerned, from which the entry into the Union of breeding animals and the germinal products thereof is permitted.
4
The Commission shall, without undue delay, adopt implementing acts repealing the implementing acts referred to in paragraph 1 where any of the conditions for the recognition of equivalence of measures established at the time of their adoption are no longer fulfilled. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(2).
Article 36Entry in breeding books or registration in breeding registers of breeding animals and offspring produced from germinal products that have entered the Union
1
On application by a breeder, a breed society or breeding operation shall enter in the main section of its breeding book or register in its breeding register any breeding animals that have entered the Union and the offspring produced from germinal products that have entered the Union where:
a
that breeding animal or the donors of those germinal products are entered in a breeding book or registered in a breeding register maintained by a breeding body in the third country of dispatch;
b
those germinal products meet the conditions laid down in Article 21(1) or (2), where that is a requirement of the breeding programme carried out by that breed society or that breeding operation;
c
that breeding animal meets the characteristics of the breed or, in the case of a hybrid breeding pig, the characteristics of the breed, line or cross set out in the breeding programme carried out by that breed society or breeding operation;
d
the breeding body referred to in point (a) is included in the list of breeding bodies provided for in Article 34.
2
Member States or competent authorities shall not prohibit, restrict or impede, on zootechnical or genealogical grounds, the entry into the Union of breeding animals or the germinal products thereof and the subsequent use of those animals or the germinal products thereof, where those breeding animals or the donors of those germinal products are entered in a breeding book or registered in a breeding register maintained by a breeding body included in the list of breeding bodies established in accordance with Article 34.
Article 37Checks for entitlement to the conventional rate of duty for purebred breeding animals entering the Union
1
Where the operator responsible for a consignment of purebred breeding animals requests the application of the conventional rate of duty for purebred breeding animals provided for in Regulation (EEC) No 2658/87 on the animals of that consignment:
a
those animals shall be accompanied by:
- (i)
the zootechnical certificate referred to in Article 30(5) or Article 32;
- (ii)
a document indicating that they are to be entered in a breeding book maintained by a breed society or registered in a breeding register maintained by a breeding operation;
b
checks shall be carried out on that consignment at the border inspection post in which the documentary, identity and physical checks referred to in Article 4 of Directive 91/496/EEC are carried out.
2
The purpose of the checks provided for in point (b) of paragraph 1 shall be to verify that:
a
the consignment is accompanied by the documents referred to in point (a) of paragraph 1;
b
the content and the labelling of the consignment correspond to the information provided in the documents referred to in point (a) of paragraph 1.