Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding (‘Animal Breeding Regulation’) (Text with EEA relevance) (c. 1012)

CHAPTER XI U.K. Controls by the Commission

Section 2 U.K. Commission controls in third countries

Article 57 U.K. Commission controls in third countries

1. Commission experts may perform controls in a third country in order, as appropriate, to:

(a) verify the compliance or equivalence of the third country's legislation and systems with the requirements laid down in this Regulation;

(b) verify the capacity of the third country's control system to ensure that consignments of breeding animals and the germinal products thereof entering into the Union comply with relevant requirements in Chapter VIII of this Regulation;

(c) collect information and data to elucidate the causes of recurring or emerging problems in relation to breeding animals and their germinal products from the third country entering into the Union.

2. The Commission controls referred to in paragraph 1 shall have particular regard to:

(a) the zootechnical and genealogical legislation of the third country concerning breeding animals and their germinal products;

(b) the organisation of the competent authorities of the third country, their powers and independence, the supervision to which they are subject and the authority they have to enforce the applicable legislation effectively;

(c) the training of the staff in the third country responsible for the performance of the controls on, or the supervision of, breeding bodies;

(d) the resources that are available to the competent authorities of the third country;

(e) the existence and operation of documented control procedures and control systems based on priorities;

(f) the extent and operation of controls performed by the competent authorities of the third country on breeding animals and their germinal products arriving from other third countries;

(g) the assurances which the third country is able to give regarding compliance with, or equivalence to, the requirements laid down in this Regulation.

Article 58 U.K. Frequency and organisation of Commission controls in third countries

1. The frequency of the controls in a third country referred to in Article 57(1) shall be determined on the basis of:

(a) the principles and objectives of the rules provided for in this Regulation;

(b) the volume and nature of breeding animals and the germinal products thereof entering the Union from that third country;

(c) the results of controls referred to in Article 57(1) that have already been performed;

(d) the results of official controls on breeding animals and the germinal products thereof entering the Union from the third country and of any other official controls performed by the competent authorities of Member States;

(e) any other information that the Commission deems to be appropriate.

2. In order to facilitate the efficiency and effectiveness of the controls provided for in Article 57(1), the Commission may, prior to performing such controls, request that the third country concerned provides:

(a) the information referred to in Article 34(2) or in Article 35(2)(a);

(b) where appropriate and necessary, the written records on the controls performed by the competent authorities of that third country.

3. The Commission may appoint experts from the Member States to assist its own experts during the controls referred to in Article 57(1).

Article 59 U.K. Reports by the Commission on controls performed by its experts in third countries

The Commission shall report on the findings of each control performed in accordance with Articles 57 and 58.

Those reports shall, where appropriate, contain recommendations. The Commission shall make those reports publicly available.

Article 60 U.K. Establishment of special measures regarding the entry into the Union of breeding animals and their germinal products

1. Where there is evidence that widespread serious non-compliance with the rules provided for in this Regulation is taking place in a third country, the Commission shall adopt implementing acts concerning one or more of the following:

(a) prohibiting the entry into the Union, as breeding animals, or the germinal products thereof, of animals, or their semen, oocytes or embryos originating from that third country;

(b) prohibiting the entry in breeding books maintained by breed societies or the registration in breeding registers maintained by breeding operations of breeding animals, and the offspring produced from the germinal products thereof, originating from that third country.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(2).

In addition to, or instead of those implementing acts, the Commission may do one or more of the following:

(a) delete that third country or the breeding bodies of that third country from the list provided for in Article 34(1);

(b) take any other appropriate measures.

2. The implementing acts and other measures referred to in paragraph 1 shall identify breeding animals and their germinal products by their codes in the Combined Nomenclature.

3. When adopting the implementing acts and other measures referred to in paragraph 1, the Commission shall take account of:

(a) the information collected in accordance with Article 58(2);

(b) any other information that the third country concerned by the non-compliance referred to in paragraph 1 has provided;

(c) where necessary, the results of controls referred to in Article 57(1).

4. The Commission shall monitor the non-compliance referred to in paragraph 1 and shall, in accordance with the same procedure as for their adoption, amend or repeal the measures adopted, depending on how the situation develops.