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Commission Implementing Regulation (EU) 2018/659Show full title

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 (Text with EEA relevance)

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SECTION 1U.K.Subject matter, scope and definitions

Article 1U.K.Subject matter and scope

This Regulation establishes the F1...third countries and parts of the territory of third countries from which the entry into [F2Great Britain] of consignments of equidae and of their semen, ova and embryos is authorised.

It also lays down the animal health and veterinary certification requirements applicable to those consignments.

Article 2U.K.Definitions

For the purposes of this Regulation, the following definitions shall apply:

a

Commission Implementing Regulation (EU) 2015/262 of 17 February 2015 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation) (OJ L 59, 3.3.2015, p. 1).

b

Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae (OJ L 224, 18.8.1990, p. 55).

c

Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p. 9).

d

https://ec.europa.eu/food/sites/food/files/animals/docs/ad_control-measures_bt_guidance_vpe_7068_2012.pdf

(a)‘regionalisation’
means the official recognition of a part of the territory of a third country with precise geographical delimitations, containing an equidae subpopulation with a distinct health status with respect to one or more specific diseases and subject to appropriate surveillance, disease control and biosecurity measures;
(b)‘identification document’

means any document which may be used to prove the identity of an equine animal and which includes at least the following information:

(i)

a narrative describing the animal and recording its marks depicted in a completed outline diagram;

(ii)

a reference to specific marks, characteristics or identifiers which establish an unambiguous link between the animal and the document;

(iii)

the information set out in points 1, 2, 3 and 6 to 10 of Part A and in points 12 to 18 in Part B of Section 1 of Annex I to Commission Implementing Regulation (EU) 2015/262a;

(c)‘registered horse’

means an animal of the species Equus caballus registered as defined in [F3Article 2(e) of Commission Implementing Regulation (EU) 2015/262], identified by means of an identification document issued by:

(i)

the breeding authority or any other competent authority of the country where the animal originated which manages the studbook or register for that breed of animal; or

(ii)

any international association or organisation which manages horses for competition or racing;

(d)‘entry’
means the action of moving equidae or their semen, ova or embryos into [F4Great Britain];
(e)‘type of entry’
means respectively the temporary admission, the re-entry after temporary export, imports and transit;
(f)‘temporary admission’
means the status of a registered horse originating in a third country and moved into [F5Great Britain] for a period of less than 90 days;
(g)‘temporary export’
means the movement of a registered horse out of [F6Great Britain] for a period of less than 90 days;
(h)‘re-entry’
means the movement of a registered horse from a third country into [F7Great Britain] after temporary export from [F7Great Britain];
(i)‘imports’
means the movement of a consignment of equidae or their semen, ova or embryos into [F8Great Britain] for an undetermined period;
(j)‘transit’
means the movement of a consignment of equidae across [F9Great Britain] by road, rail or waterway transport from one third country to another or from one part of the territory of a third country to another part of the territory of the same third country;
(k)‘border [F10control] post’
means any [F10control] post as defined in [F11Article 3(38) of Regulation (EU) 2017/625 and approved by the appropriate authority for the commodity concerned];
(l)‘category of equidae’
means respectively registered equidae, equidae for slaughter and equidae for breeding and production as defined in [F12Article 2(e), (g) and (h) of Commission Implementing Regulation (EU) 2015/262], and registered horses;
(m)‘ova’
means the haploid stages of the ootidogenesis including secondary oocytes and ova;
(n)‘operator’
means any natural or legal person subject to one or more of the rules provided for in this Regulation who has equidae or their germinal products under its responsibility;
(o)‘isolation’
means the separation for a specified period of equidae from other animals to prevent the transmission through direct or indirect contact of specified pathogen(s), while the equidae are undergoing observation and, if appropriate, testing and treatment under the supervision of the veterinary authority;
(p)‘quarantine’
means the isolation of equidae on premises operated in accordance with specific biosecurity rules under the control of the veterinary authority;
(q)‘vector-protected quarantine’

means the quarantine of equidae which

(i)

is carried out on dedicated premises that are:

  • screened against the intrusion of relevant vectors,

  • included in a system of vector surveillance within the premises and of measures to limit the presence of relevant vectors around the premises;

(ii)

may include exercise of the quarantined animal under official supervision during the vector-low period of the day and subject to application of insecticides and insect repellents and where possible body-coverage;

(r)‘vector-proof quarantine’

means the quarantine of equidae in a sealed building which is:

  • furnished with positive pressure ventilation and filtered air inlets,

  • is only accessible through a double door entry-exit systemd,

  • in which a vector surveillance system is operated,

  • where Standard Operating Procedures, including description of back-up and alarm systems, are implemented for the operation of the quarantine and the transport of equidae to the place of loading,

(s)F13...
F13. . .
[F14(t) ‘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 ‘appropriate authority’ is the Secretary of State if consent is given by:

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

(b) in relation to Scotland, the Scottish Ministers.]

[F14(u) ‘appropriate computerised information management system’means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625.]
[F14(v) ‘third country’means any country or territory other than the British Islands.]

Textual Amendments

[F15Article 2aU.K.Publication of code representing third country or territory

The Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article a system of words, letters or numbers representing, for the purposes of an animal health or veterinary certificate under this Regulation, a third country, listed in Annex 1 or, where regionalisation is applied, any part of the territory of such third countries.]

SECTION 2U.K.List of third countries and parts thereof for the entry into [F16Great Britain] of equidae and semen, ova and embryos of equidae

Article 3U.K.F17... Third countries and parts of the territory of third countries from which the entry of equidae into [F18Great Britain] is authorised

1.[F19The appropriate authority] shall authorise the entry into [F20Great Britain] of consignments of equidae from [F21such of the third countries] F22... listed in [F23column 2] of the table in Annex I [F24or, where regionalisation is applied, such parts of the territory of those third countries, as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph] F25..., as follows:

(a)the temporary admission of registered horses as indicated [F26by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), in a document published for the purposes of this point], and accompanied by an individual health certificate drawn up in accordance with the [F27relevant certificate, in the form published by the appropriate authority from time to time];

(b)the transit of equidae as indicated [F28by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), in a document published for the purposes of this point], and accompanied by an individual health certificate drawn up in accordance with the [F27relevant certificate, in the form published by the appropriate authority from time to time];

(c)the re-entry of registered horses for racing, competition and cultural events after temporary export as indicated [F29by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), in a document published for the purposes of this point], and accompanied by an individual health certificate drawn up in accordance with the appropriate [F27relevant certificate, in the form published by the appropriate authority from time to time];

(d)the import of registered horses as indicated [F30by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), in a document published for the purposes of this point], and accompanied by an individual health certificate drawn up in accordance with the [F27relevant certificate, in the form published by the appropriate authority from time to time];

(e)the import of a consignment of equidae for slaughter as indicated [F31by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), in a document published for the purposes of this point], and accompanied by a health certificate drawn up in accordance with the [F27relevant certificate, in the form published by the appropriate authority from time to time];

(f)the import of registered equidae and equidae for breeding and production as indicated [F32by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales) in a document published for the purposes of this point], and accompanied by an individual health certificate drawn up in accordance with the [F27relevant certificate, in the form published by the appropriate authority from time to time].

2.The competent authority of the third country of dispatch shall apply the measures necessary in order to comply with the specific conditions or temporal limitations indicated for that country [F33by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), in a document published for the purposes of this paragraph].

Textual Amendments

Article 4U.K.Third countries and parts of the territory of third countries from which the entry into [F34Great Britain] of semen of equidae is authorised

[F35The appropriate authority] shall authorise the entry into [F36Great Britain] of consignments of semen of equidae from [F37such of the third countries ]F38... listed in [F39column 2] of the table in Annex I [F40or, where regionalisation is applied, parts of the territory of those third countries, as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article] F41..., and provided that the consignment complies with the following conditions:

(a)

the consignment is dispatched from a semen collection or storage centre [F42which is situated in a country listed in Annex I and which meets the relevant conditions described in Annex D to] Directive 92/65/EEC;

(b)

the consignment is accompanied by a health certificate drawn up in accordance with the [F43relevant certificate, in the form published by the appropriate authority from time to time].

Textual Amendments

Article 5U.K.Third countries and parts of the territory of third countries from which the entry into [F44Great Britain] of ova and embryos of equidae is authorised

[F45The appropriate authority] shall authorise the entry into [F46Great Britain] of consignments of ova and embryos of equidae from [F47such of the third countries] F48... listed in [F49column 2] of the table in Annex I [F50or, where regionalisation is applied, parts of the territory of those third countries as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article], F51... and provided that the consignment complies with the following conditions:

(a)

the consignment is dispatched by an embryo collection or production team [F52which is situated in a country listed in Annex I and which meets the relevant conditions described in Annex D to] Directive 92/65/EEC;

(b)

the consignment is accompanied by a health certificate drawn up in accordance with the [F53relevant certificate, in the form published by the appropriate authority from time to time].

Textual Amendments

SECTION 3U.K.General requirements for entry into [F54Great Britain] of consignments of equidae and of semen, ova and embryos of equidae

Article 6U.K.Certification

1.The health certificates, as provided for in Articles 3, 4 and 5, shall be drawn up and issued in accordance with:

[F55(a)any applicable supplementary guarantees or conditions that the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article;]

[F56(b)any explanatory notes, as published by the appropriate authority from time to time.]

F572.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 7U.K.Period of validity of health certificates

1.The operator responsible for a consignment of equidae or of semen, ova or embryos of equidae intended for entry into [F58Great Britain] shall ensure that the consignment is presented to an approved border [F59control] post authorised for the consignment concerned no later than 10 days from the date of certification of the consignment in the third country of dispatch.

2.Where equidae are transported by sea, the period of 10 days referred to in paragraph 1 shall be extended by the time of transport on sea.

SECTION 4U.K.Transport requirements for entry of equidae into [F60Great Britain]

Article 8U.K.General animal health requirements

1.The operator responsible for a consignment of equidae intended for entry into [F61Great Britain] shall ensure that those equidae are transported in compliance with the following:

(a)the equidae are transported by a means of transport carrying only equidae that are destined for [F61Great Britain] or alternatively are accompanied by a health certificate required for transit;

(b)the equidae are transported by a means of transport carrying only equidae of the same certified health status, except where otherwise authorised in the specific animal health requirements set out in [F62the relevant certificate, in the form published by the appropriate authority from time to time];

(c)the equidae are transported by road or railway or moved on foot only in a third country or a part of the territory of a third country that is authorised for at least one type of entry of at least one category of equidae.

2.The operator responsible for a consignment of equidae intended for entry into [F61Great Britain] shall ensure compliance with the following:

(a)the crates, containers, stalls or jet-stalls and the means of transport or the transport compartment of the means of transport in which equidae will be transported are cleansed and disinfected prior to loading of the animals with a disinfectant officially recognised in the country of dispatch;

(b)the means of transport used for road or railway transport are designed, constructed and operated to prevent the escape of faeces, urine and fodder during the intended journey;

(c)measures to protect the animals from attacks of insect vectors shall be applied in case of the occurrence of one of the following diseases:

(i)

African horse sickness or Venezuelan equine encephalomyelitis in the third country of dispatch or transit;

(ii)

one or more of the vector-borne diseases listed in Article 11(1), with the exception of equine infectious anaemia, if the equidae are not immune or vaccinated against the pathogen.

In the case of the diseases referred to in point (i) the vector protection shall include measures such as the netting of the crates, containers, stalls or jet-stalls, forced ventilation and keeping the transport compartment closed, except during loading and unloading of the animals or when attending to the animals.

3.The operator responsible for a consignment of equidae intended for entry into [F61Great Britain] shall ensure that, during the journey, the equidae are only unloaded in a third country or a part of the territory of a third country that is authorised for the entry of equidae into [F61Great Britain] in accordance with Annex I.

Article 9U.K.Specific animal health requirements for transport by air

1.The operator responsible for a consignment of equidae intended for entry into [F63Great Britain] by air shall ensure compliance with the following:

(a)the crates, containers or jet-stalls and the surrounding airspace in the transport compartment are sprayed with an appropriate insect repellent in combination with an insecticide immediately after the closing of the doors of the aircraft;

(b)the captain of the aircraft completes and signs the declaration [F64, in the form published by the appropriate authority from time to time].

2.By way of derogation from paragraph 3 of Article 8, [F65the appropriate authority] may, on request of the operator of the consignment, authorise direct transhipment from one aircraft to another aircraft which takes place in a country not listed in Annex I, provided that the following requirements are satisfied:

(a)the transhipment is carried out in the same airport within the area of the same customs office under direct supervision of an official veterinarian or the responsible customs officer;

(b)during the transhipment the equidae are protected from attacks by insect vectors of diseases transmissible to equidae;

(c)the equidae do not come into contact with equidae of a different health status;

(d)the measures provided for in points (a) and (b) of paragraph 1 are applied in relation to the aircraft to be used for onward travel;

(e)compliance with the conditions set out in point (a) of paragraph 1 and in points (a), (b) and (c) of this paragraph is certified by the official veterinarian or the responsible customs officer in the Transhipment Manifest drawn up in accordance with the model [F66in the form published by the appropriate authority from time to time].

Article 10U.K.Specific animal health requirements for transport by sea

1.The operator responsible for a consignment of equidae intended for entry into [F67Great Britain] by sea shall ensure compliance with the following:

(a)the vessel is scheduled to dock directly at a port in the Union without calling into a port of a third country or in a part of the territory of a third country not included in Annex I;

(b)the crates, containers or stalls and the surrounding airspace in the transport compartment are sprayed with an appropriate insect repellent in combination with an insecticide immediately after the closing of the compartment;

(c)the captain of the vessel completes and signs the declaration [F68, as published by the appropriate authority from time to time].

2.By way of derogation from point (a) of paragraph 1, [F69the appropriate authority] may authorise direct transhipment from one vessel to another vessel which takes place in a country not listed in Annex I, provided:

(a)the transhipment is carried out in the same port within the area of the same customs office under direct supervision of an official veterinarian or the responsible customs officer;

(b)the equidae are during the transhipment protected from attacks by insect vectors of diseases transmissible to equidae;

(c)the equidae do not come into contact with equidae of a different health status;

(d)compliance with the conditions set out in point (b) of paragraph 1 and points (a), (b) and (c) of this paragraph is certified by the official veterinarian or the responsible customs officer in the Transhipment Manifest drawn up in accordance with the model [F70, in the form published by the appropriate authority from time to time].

SECTION 5U.K.General requirements for the testing and vaccination of equidae intended for entry into [F71Great Britain] and of donor equidae whose semen, ova or embryos are intended for entry into [F71Great Britain]

Article 11U.K.General requirements for laboratory testing for the certification of consignments of equidae, or their semen, ova or embryos intended for entry into [F72Great Britain]

1.The competent authority of the third country dispatching equidae or semen, ova or embryos of equidae, which are intended for entry into [F73Great Britain] shall ensure that the laboratory tests provided for in the health certificates [F74, in the form published by the appropriate authority from time to time,] for glanders, dourine, equine infectious anaemia, Venezuelan equine encephalomyelitis, Western and Eastern equine encephalomyelitis, Japanese encephalitis, West Nile Fever, vesicular stomatitis, equine viral arteritis and contagious equine metritis meet at least the sensitivity and specificity requirements laid down for the disease concerned in the respective Chapter of Section 2.5 of the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals, latest edition, of the World Organisation for Animal Health (OIE).

2.The competent authority of the third country dispatching equidae which are destined for [F75Great Britain] shall ensure that the laboratory tests provided for in the health certificates [F76, in the form published by the appropriate authority from time to time,] for African horse sickness are carried out in accordance with [F77the procedures described in] Annex IV to Directive 2009/156/EC.

3.The competent authority of the third country dispatching equidae or semen, ova or embryos of equidae, which are destined for [F78Great Britain] shall ensure compliance with the following:

(a)the tests referred to in paragraphs 1 and 2 are carried out in a laboratory recognised by the competent authority in the third country of dispatch;

(b)the details of sampling and the results of the tests are stated as required in the health certificate [F79for the consignment concerned, in the form published by the appropriate authority from time to time,] based on the laboratory report made available to the certifying official veterinarian.

Textual Amendments

[F80Article 12U.K.Testing upon arrival in Great Britain

Where a test carried out by, or on behalf of, the appropriate authority, on a sample taken in accordance with Commission Implementing Regulation (EU) 2019/2130, does not confirm the result of a laboratory test attested in a health certificate, in the form published by the appropriate authority from time to time, accompanying equidae or semen, ova or embryos of equidae arriving in Great Britain, the appropriate authority concerned shall ensure that the test is repeated in the national reference laboratory designated for the disease concerned in accordance with Article 4(1) of Regulation (EU) 2017/625.]

Article 13U.K.Application of vaccines and recording of vaccination

1.The competent authority of the third country dispatching equidae or semen, ova or embryos of equidae, which are destined for [F81Great Britain], shall ensure that the vaccination attested in any of the certificates [F82, in the form published by the appropriate authority from time to time,] is carried out in compliance with the following:

(a)the vaccination is carried out in accordance with the manufacturers' instructions or national legislation, whatever is stricter;

(b)the vaccination is carried out using a licensed vaccine which meets at least the requirements for safety, sterility and efficacy set out for the vaccine concerned in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals, latest edition, of the World Organisation for Animal Health (OIE).

2.Where the competent authority of a third country attests that a positive laboratory finding in a serological test for African horse sickness is related to previous vaccination, the vaccination shall be documented in the identification document accompanying the equine animal, where such identification document is available.

Article 14U.K.Requirements relating to equine viral arteritis

1.Uncastrated male equidae intended for entry into [F83Great Britain], with the exception of those listed in point 1 of Annex IV, shall be subject to tests for equine viral arteritis to ascertain that their semen is free of equine arteritis virus.

2.Vaccination against equine viral arteritis, including the testing required in accordance with point 1(a) of Annex IV, shall be carried out under official veterinary supervision.

3.Vaccination against equine viral arteritis shall be valid where there is documented proof accompanying the equine animal of an uninterrupted history of a primary course carried out in compliance with one of the vaccination protocols provided for in point 1(a) of Annex IV and regular revaccination according to manufacturers' recommendations and in any event at intervals of not more than 12 months.

SECTION 6U.K.Identification of equidae intended for entry into [F84Great Britain]

Article 15U.K.Identification of equidae intended for entry into [F85Great Britain]

1.Equidae destined for entry into [F85Great Britain] shall be individually identified so as to ensure an unequivocal correspondence between the animal and its certified health status.

That identification shall:

(a)either comply with the requirements of Article 14 of Implementing Regulation (EU) 2015/262; or

(b)provide at least the information detailed in points 1, 2, 3 and 6 to 10 of Part A and in points 12 to 18 of Part B of Section I of Part 1 of Annex I to that Regulation.

2.Equidae for slaughter to be imported into [F85Great Britain] shall be marked individually with an electronic transponder or an ear tag, the number of which shall be recorded in the health certificate accompanying the animals during transport.

3.Equidae for slaughter to be imported into [F85Great Britain] shall bear on their left front hoof a clear and indelible hot-branded ‘S’ of the size not less than half the length of the hoof wall, in the following cases:

(a)if they are marked individually, by way of derogation from paragraph 2, by an alternative method indicated in the health certificate, in which case the animals must be consigned to the slaughterhouse of destination in accordance with Article 21(a);

(b)if they are destined to be consigned to the slaughterhouse of destination in accordance with Article 21(b).

SECTION 7U.K.Specific animal health and certification requirements for entry into [F86Great Britain] of consignments of equidae

Article 16U.K.Measures to be taken by the competent authorities to ensure traceability of a registered horse admitted temporarily

1.Provided compliance with the entry conditions has been established, the competent authority at the [F87border control post] of entry shall:

(a)retain a copy of the health certificate referred to in Article 3(1)(a);

(b)inform, through [F88the appropriate computerised information management system], the relevant competent authority or [F87border control post] of exit, as appropriate, of the entry of a temporarily admitted registered horse, as follows:

(i)

the competent authority of the place of destination indicated in [F89the relevant part of the common health entry document (‘CHED’) referred to in Article 40 of Commission Implementing Regulation (EU) 2019/1715];

(ii)

the [F87border control post] of exit declared in the declaration by the owner or the representative of the owner of the registered horse accompanying the health certificate referred to in Article 3(1)(a) by completing [F90the relevant part] of the [F91CHED];

(iii)

the competent authorities responsible for the places of temporary residence indicated in the declaration by the owner or the representative of the owner of the registered horse accompanying the health certificate referred to in Article 3(1)(a);

(c)deliver at least one copy of the [F91CHED] to the operator identified as ‘operator responsible for the consignment’ in [F92the relevant part] of the [F91CHED] referred to in paragraph 1(b).

F932.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.The competent authority of the place of destination referred to in point (i) of paragraph 1(b) F94... shall acknowledge through [F88the appropriate computerised information management system] the arrival of the registered horse and document the checks carried out by completing Part III of the [F91CHED].

4.At the end of the temporary admission, the competent authority referred to in points (i) or (iii) of paragraph 1(b) which certifies the temporarily admitted registered horse to the third country of origin or to another third country, shall:

[F95(a)inform the border control post of exit, through the appropriate computerised information management system, of the departure from Great Britain of the temporarily admitted registered horse by completing a further Part III of the CHED referred to in point (i) of paragraph 1(b);]

(b)deliver to the operator, as identified in [F96the relevant part] of the [F91CHED] referred to in point (i) of paragraph 1(b), a new print of the [F91CHED] displaying the Part III added in accordance with point (a) of this paragraph;

F97(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.The [F87border control post] of exit referred to in point (a) of paragraph 4 shall document the termination of the temporary admission of the registered horse by completing Part III of the [F91CHED] accordingly.

6.Where the temporary admission of a registered horse has not been terminated in accordance with paragraph 5 within a period of less than 90 days following the date of issue of the [F91CHED] referred to in point (i) of paragraph 1(b), an alert is sent automatically through [F88the appropriate computerised information management system] to the [F87border control post] of entry and the competent authorities referred to in this Article until those competent authorities have determined the status of the registered horse.

Textual Amendments

Article 17U.K.Operator responsibilities for temporarily admitted registered horses

1.The operator responsible for a registered horse temporarily admitted into [F98Great Britain], as identified in [F99the relevant part] of the [F100CHED] referred to in point (i) of Article 16(1)(b), shall ensure that the following conditions are met:

(a)the registered horse shall at all times during its temporary admission be accompanied by its original health certificate referred to in Article 3(1)(a) and by the [F100CHED] issued by the [F101border control post] of entry into [F98Great Britain];

(b)the registered horse shall remain in [F102Great Britain] and on the premises stated in the declaration accompanying the health certificate referred to in Article 3(1)(a);

F103(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any former prints of the [F100CHED] are surrendered to the competent authority for invalidation or withdrawal;

(e)the registered horse shall leave [F98Great Britain] through a [F101border control post] indicated in the health certificate referred to in in Article 3(1)(a) not later than 89 days following the date of entry into [F98Great Britain] indicated on the corresponding [F100CHED].

2.The operator referred to in paragraph 1 shall remain responsible for the movement of the registered horse during its temporary admission in [F98Great Britain], and in particular shall inform:

(a)the competent authority referred to in points (i) and (iii) of Article 16(1)(b) regarding any changes to be made to the movements stated in the declaration accompanying the health certificate referred to in in Article 3(1)(a);

(b)the [F101border control post] of exit regarding the date when the temporarily admitted registered horse is to depart from [F98Great Britain];

(c)the competent authority referred to in points (i) and (iii) of Article 16(1)(b) responsible for the holding regarding the death or loss of the registered horse or any emergency, such as health conditions, requiring veterinary attention beyond the 89 days of temporary admission.

Article 18U.K.Re-entry after temporary export of registered horses temporarily admitted into [F104Great Britain]

1.Registered horses temporarily admitted into [F104Great Britain] may be authorised for re-entry after temporary export to a third country or part of the territory of a third country authorised for the re-entry of registered horses to take part in specific races, competitions or cultural events for which model health certificates for re-entry into [F104Great Britain] are laid down in accordance with Article 20(3), provided that the re-entry into [F104Great Britain] takes place within a period of less than 90 days following the date of issuing of the [F105CHED] referred to in point (i) of Article 16(1)(b).

2.In order to allow the re-entry of a registered horse referred to in paragraph 1, the competent authority referred to in points (i) and (iii) of Article 16(1)(b) issuing the certificate for the temporary export shall:

(a)apply the measures provided for in points (a), (b) and, where applicable, (c) of Article 16(4);

(b)inform, through [F106the appropriate computerised information management system], the [F107border control post] of scheduled re-entry by completing Part III of the [F105CHED];

(c)deliver to the operator as identified in [F108the relevant part] of the [F105CHED] referred to in point (i) of Article 16(1)(b), a new print of the [F105CHED] displaying the Part III added in accordance with point (b) of this paragraph;

(d)invalidate or withdraw any print of the [F105CHED] delivered in accordance with Article 16(1)(c)F109....

3.The [F107border control post] of re-entry shall:

(a)retain the original of the health certificate referred to in Article 3(1)(c);

(b)inform, through [F106the appropriate computerised information management system], of the re-entry of the registered horse:

(i)

the competent authority of the place of destination, as declared in the declaration accompanying the health certificate referred to in Article 16(1)(a), or as modified in accordance with Article 17(2)(a);

(ii)

the [F107border control post] of exit, as declared in the declaration accompanying the health certificate referred to in Article 16(1)(a), or as modified in accordance with Article 17(2)(a), by completing [F110the relevant part] of the [F105CHED] referred to in point (d);

(c)request the competent authority of the place of destination to verify and, where appropriate, to confirm the arrival of the registered horse by completing [F111the relevant part] of the [F105CHED] referred to in point (d);

[F112(d)deliver to the operator a print of a new CHED:

(i)

completed with a reference to the number of the CHED delivered previously in accordance with Article 16(1)(c); and

(ii)

in which the relevant part is completed within the deadline for leaving Great Britain indicated in the CHED;]

(e)invalidate or withdraw any print of the [F105CHED] delivered to the operator in accordance with Article 16(1)(c)F113....

4.Following the re-entry after temporary export of a temporarily admitted registered horse in accordance with paragraph 1, the rules laid down in Article 16 apply for the remaining period of less than 90 days following the date of issuing of the [F105CHED] referred to in point (i) of Article 16(1)(b).

Textual Amendments

Article 19U.K.Conversion of temporary admission into permanent entry and death or loss of a registered horse

1.Where the operator, as identified in [F114the relevant part] of the [F115CHED] referred to in point (i) of Article 16(1)(b), submits an application to the competent authority referred to in point (i) or (iii) of Article 16(1)(b) F116..., to convert the temporary admission of a registered horse into a permanent entry, [F117the appropriate authority] may authorise that conversion provided that the following requirements are met:

(a)in accordance with [F118Article 3], imports of registered horses are authorised from the third country or part of the territory of the third country concerned;

(b)the competent authority responsible for the place of temporary residence has complied with the following conditions:

(i)

that competent authority has carried out with satisfactory results the checks necessary to verify compliance with the test and vaccination requirements for imports of registered horses from the third country or part of the territory of the third country concerned set out in [F119the relevant certificate, in the form published by the appropriate authority from time to time];

(ii)

that competent authority has ensured that the registered horse remained under official veterinary supervision in [F120Great Britain] until 3 months have elapsed from the date of its entry into [F121Great Britain] indicated on the [F115CHED] referred to in point (i) of Article 16(1)(b).

2.The competent authority referred to in paragraph 1, or a [F122border control post] designated for this task by the [F123appropriate authority], shall:

(a)terminate the temporary admission in [F124the appropriate computerised information management system] by choosing ‘Conversion into permanent entry’ in Part III of the [F115CHED] delivered to the operator in accordance with either Article 16(1)(c)F125... or, if there had been a previous re-entry after temporary export, with Article 18(3)(c);

(b)deliver to the operator identified in [F114the relevant part] of the [F115CHED] referred to in point (i) of Article 16(1)(b), a new print of the [F115CHED] referred to in point (a), or a new [F115CHED], in which ‘For [F126Great Britain's] internal market’ is checked in [F127the relevant part];

(c)invalidate or withdraw any print of the [F115CHED] delivered to the operator in accordance with either Article 16(1)(c)F125... or, if there had been a previous re-entry after temporary export, with Article 18(3)(c);

(d)invalidate or withdraw the original of the health certificate referred to in Article 3(1)(a).

3.During the period of conversion, the operator, as identified in [F114the relevant part] of the [F115CHED] issued in accordance with point (i) of Article 16(1)(b) or Article 18(3)(b) of the registered horse shall take the following measures:

(a)arrange regular visits carried out and recorded by a veterinarian to check the registered horse for clinical signs of possible infectious diseases;

(b)keep records on the movement of the registered horse and on movements of equidae on and off the holding where it is kept;

(c)complete the customs procedures, as referred to in Article 15 of Implementing Regulation (EU) 2015/262;

(d)make an application in accordance with Article 15(1) of Implementing Regulation (EU) 2015/262 for the issuing of an identification document or the adaptation of an existing identification document.

4.In the case of death or loss of a registered horse temporarily admitted into [F121Great Britain], the competent authority of the place of death or loss, F128... in close collaboration with a [F122border control post], shall:

(a)terminate the temporary admission in [F124the appropriate computerised information management system] by choosing ‘Death/Loss’ in Part III of the [F115CHED] referred to in point (i) of Article 16(1)(b) or Article 18(3)(b);

(b)invalidate or withdraw any print of the [F115CHED] delivered to the operator in accordance with either Article 16(1)(c) F125... or, if there had been a previous re-entry after temporary export, with Article 18(3)(c).

Textual Amendments

[F129Article 19aU.K.Sanitary groups

1.The Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may assign a third country listed in Annex 1 or, as the case may be, part of the territory of any such third country, to a sanitary group, in accordance with column 1 of the table headed “sanitary groups” in Annex 1.

2.Where the Secretary of State assigns a third country, or part of the territory of a third country, to a sanitary group under paragraph 1, the Secretary of State must specify the third country, or part of the third country, and the sanitary group to which it is assigned, in a document published for the purposes of this Article.

3.Imports of equidae from a third country or part of a third country assigned to a sanitary group are subject to the specific animal health guarantees required for entry into Great Britain for that sanitary group in accordance with column 2 of the table headed “sanitary groups” in Annex 1.]

Article 20U.K.Specific animal health conditions regarding the re-entry of registered horses after temporary export for races, competition and cultural events

1.[F130The appropriate authority] shall authorise the re-entry of registered horses subject to compliance with the following conditions:

(a)the registered horse has remained outside [F131Great Britain] for not more than 30 days, unless specifically provided for in paragraph 3;

(b)the registered horse has neither been resident in nor transited on land through any third country or part of the territory of a third country that is not assigned to the same sanitary group as the third country or part of the territory of a third country in which the health certificate [F132, in the form published by the appropriate authority from time to time,] has been signed by the official veterinarian;

(c)the health certificate for temporary export signed by the official veterinarian in [F133Great Britain], or an authorised copy thereof, is presented on request of the border inspection post of re-entry into [F134Great Britain].

F1352.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.The re-entry after temporary export for a period of more than 30 days of registered horses taking part in specific races, competitions or cultural events is subject to specific animal health requirements as contained in the [F136health certificate, in the form published by the appropriate authority from time to time,] in respect of the relevant event.

4.The operator, as identified in [F137the relevant part] of the [F138CHED], responsible for the consignment shall ensure that during the temporary export the registered horse neither has been resident in nor has transited on land through any third country or part of the territory of a third country that is not assigned to the same sanitary group as the third country or part of the territory of a third country in which the health certificate [F139, in the form published by the appropriate authority from time to time,] has been signed by the official veterinarian.

Textual Amendments

Article 21U.K.Specific animal health conditions regarding imports of equidae for slaughter

The operator, as identified in [F140the relevant part] of the [F141CHED] referred to in point (i) of Article 16(1)(b), of a consignment of equidae for slaughter shall ensure that after the checks carried out at the border [F142control] post of entry into [F143Great Britain], the animals:

(a)

are either conveyed directly, without delay and without coming into contact with equidae of a different health status, to the slaughterhouse of destination where they shall be slaughtered within 72 hours of arrival at the slaughterhouse; or

(b)

pass through a single approved market or marshalling centre [F144, as indicated in the relevant health certificate, in the form published by the appropriate authority from time to time,] from where they are to be removed after the market under national rules ensuring traceability directly to a slaughterhouse to be slaughtered, as soon as possible, but at the latest within 5 working days of arrival in [F145Great Britain] without coming into contact with equidae of a different health status.

SECTION 8U.K.Transitional and final provisions

[F146Article 21aU.K.Matters relating to the exercise of powers under this Regulation

1.The powers exercisable by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), under the provisions listed in paragraph 2 may be exercised only where it is necessary or appropriate to do so in the light of an assessment of the risk to animal or public health in the United Kingdom, taking into account the matters specified in this Article.

2.The provisions are—

(a)in Article 3 (specification of third country or part thereof from which consignments of equidae may be imported into Great Britain)—

(i)

paragraph 1, the words before point (a) (specification of third countries or parts of third countries in relation to which the appropriate authority may authorise consignments of equidae);

(ii)

paragraph 1(a) (temporary admission of registered horses);

(iii)

paragraph 1(b) (transit of equidae);

(iv)

paragraph 1(c) (re-entry of registered horses for racing, competition and cultural events);

(v)

paragraph 1(d) (import of registered horses);

(vi)

paragraph 1(e) (import of consignments of equidae for slaughter);

(vii)

paragraph 1(f) (importation of registered equidae and equidae for breeding and production);

(viii)

paragraph 2 (specification of specific conditions with which the competent authority of the third country must comply);

(b)Article 4 (specification of third countries and parts of the territory of third countries from which the entry into Great Britain of semen of equidae is authorised);

(c)Article 5 (specification of third countries and parts of the territory of third countries from which the entry into Great Britain of ova and embryos of equidae is authorised);

(d)Article 6 (specification of applicable supplementary guarantees or conditions).

3.Any assessment which is relied on for the purposes of paragraph 1 with regard to imports of live equidae must be appropriate to the circumstances and have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), taking into account—

(a)how the third country applies and implements international animal health standards, in particular the principle of regionalisation, within its own territory and in relation to its sanitary requirements for importation from other third countries and from the United Kingdom;

(b)the health status of the equidae, other domestic animals and wildlife and the environmental situation in the third country, with particular regard to exotic, notifiable and reportable animal diseases and any aspects of the general situation as regards health in the third country which may pose a risk to the health and environmental situation of the United Kingdom;

(c)the legislation of the third country in relation to animal health and welfare;

(d)the organisation of the competent veterinary authority and its inspection services, the powers of those services, the supervision to which they are subject, and the means at their disposal, including staff and laboratory capacity, to apply national legislation effectively;

(e)the assurances which the competent veterinary authority of the third country can give regarding compliance or equivalence with the relevant animal health conditions applicable in the United Kingdom;

(f)whether the third country is a member of the OIE, and the regularity and rapidity of its provision of information relating to the existence of infectious or contagious diseases of equidae in its territory, in particular those diseases listed by the OIE and in Annex 1 to Council Directive 2009/156/EC;

(g)the assurances given by the third country to inform the United Kingdom—

(i)

within 24 hours, of the confirmation of the occurrence of infectious diseases of equidae listed in Annex 1 to Council Directive 2009/156/EC, and of any change in the vaccination policy concerning such diseases;

(ii)

within an appropriate period, of any proposed changes in the national sanitary rules concerning equidae, in particular regarding the importation of equidae; and

(iii)

at regular intervals, of the animal health status of its territory concerning equidae;

(h)any experience of previous imports of live equidae from the third country and the results of any import controls carried out;

(i)the results of inspections or audits carried out in the third country, in particular the results of the assessment of the competent authorities of the third country of those inspections or audits;

(j)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 importation from other third countries;

(k)any special import conditions that may be required by the United Kingdom having regard to the situation as regards the health of equidae in the third country.

4.Any assessment which is relied upon for the purposes of paragraph 1 with regard to the imports of equine semen, ova or embryos must be appropriate to the circumstances and must have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), taking into account—

(a)whether there are any diseases referred to in Annex A to Council Directive 92/65/EC or any other disease exotic to the United Kingdom present in the third country;

(b)whether the third country is capable of guaranteeing the implementation of its legislation, and whether the organisation of its veterinary and inspection services enables the country effectively to undertake or supervise such services;

(c)whether the veterinary services of the third country are able to guarantee that health requirements at least equivalent to those laid down in Chapter 2 of Council Directive 92/65/EC are being complied with;

(d)any on-the-spot inspections by experts from the United Kingdom undertaken to verify whether the assurances given by the third country regarding the conditions of production and placing on the market can be considered equivalent to those applied in the United Kingdom.

5.Where the Scottish Ministers or the Welsh Ministers request that the Secretary of State exercise a power under a provision listed in paragraph 2 the Secretary of State must have regard to that request.

6.In this Article “the OIE” means the World Organisation for Animal Health.]

F147Article 22U.K.Transitional provisions

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

Article 23U.K.Repeals

Decisions 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC, 94/699/EC, 95/329/EC, 2003/13/EC, 2004/177/EC, 2004/211/EC, 2010/57/EU and 2010/471/EU are repealed.

Any reference to those Decisions shall be construed as a reference to this Regulation.

Article 24U.K.Entry into force and applicability

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 October 2018.

[F148However, Article 16(1)(b)(iii), F149... Article 16(3), Article 16(4)(a) and (b), Article 16(5), Article 17(1)(d) and Article 19(2)(a) shall apply from 14 December 2019 .]

F150...

Textual Amendments

F150Words in Signature omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 68(30)(b) (with regs. 69-71)

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