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3.3.2012 Official
Journal
of
the
European
Union L
64/29
COMMISSION IMPLEMENTING DECISION
of 1 March 2012
on imports into the Union of semen of domestic animals of the porcine species
(notified under document C(2012) 1148)
(Text with EEA relevance)
(2012/137/EU)
THE EUROPEAN COMMISSION,
Teschen disease and African swine fever ( 4 ) deleted
Teschen disease (porcine enterovirus encephalomyelitis)
from the list of diseases laid down in Annex I to
Having regard to the Treaty on the Functioning of the European
Council Directive 92/119/EEC of 17 December 1992
Union,
introducing general Community measures for the
control of certain animal diseases and specific measures
relating to swine vesicular disease ( 5 ) and consequently by
Having regard to Council Directive 90/429/EEC of 26 June
Commission Decision 2008/650/EC of 30 July 2008
1990 laying down the animal health requirements applicable
amending Council Directive 82/894/EEC on the notifi
to intra-Community trade in and imports of semen of
cation of animal diseases within the Community to
domestic animals of the porcine species ( 1 ), and in particular
include certain diseases in the list of notifiable diseases
Article 7(1), Article 9(2) and (3) and Article 10(2) thereof,
and to delete porcine enterovirus encephalomyelitis from
that list ( 6 ) that disease was deleted from the list of the
Whereas:
compulsorily notifiable diseases within the Union.

(1) Directive
90/429/EEC
lays
down
the
animal
health (5) In addition, it is necessary to align certain animal health
conditions applicable to intra-Union trade in and
requirements for imports into the Union of semen of
imports from third countries of semen of domestic
domestic animals of the porcine species to the Terrestrial
animals of the porcine species. It provides that Member
Animal Health Code of the World Organisation for
States may authorise importation of such semen only
Animal Health (OIE) in particular as regards country
from those third countries which appear on a list
freedom of swine vesicular disease and semen collection
drawn up in accordance with the procedure laid down
centre freedom of tuberculosis and rabies.
therein and accompanied by an animal health certificate,
the model of which must correspond to a specimen
drawn up in accordance with that Directive. The
animal health certificate is to certify that the semen
(6) Accordingly,
the
model
animal
health
certificate
set
out
comes from approved semen collection centres offering
in Part 1 of Annex II to Decision 2009/893/EC should
the guarantees provided for in Article 8(1) of that
be amended to take account of those amendments made
Directive.
to Directive 90/429/EEC and to delete all references to
Teschen disease (porcine enterovirus encephalomyelitis),
country freedom of swine vesicular disease and semen
(2) Commission
Decision
2009/893/EC
of
30
November
collection centre freedom of tuberculosis and rabies.
2009 on importation of semen of domestic animals of
the porcine species into the Community as regards lists
of third countries and of semen collection centres, and
(7) There
are
bilateral
agreements
concluded
between
the
certification requirements ( 2 ) sets out a list of third
Union and certain third countries containing specific
countries from which Member States are to authorise
conditions for the imports into the Union of semen of
imports of semen. That list is established on the basis
domestic animals of the porcine species. Therefore, where
of the animal health status of those third countries.
the bilateral agreements contain specific conditions and
model animal health certificates for imports, those
conditions and models should apply instead of the
(3) Directive
90/429/EEC,
as
amended
by
Commission
conditions and the model set out in this Decision.
Implementing Regulation (EU) No 176/2012
( 3 ),
provides for revised animal health requirements for
donor animals of the porcine species and semen as
regards brucellosis and Aujeszky’s disease.
(8)
Switzerland is a third country with an animal health
status equivalent to that of the Member States. It is
therefore appropriate that semen of domestic animals
(4) Council
Directive
2002/60/EC
of
27
June
2002
laying
of the porcine species imported into the Union from
down specific provisions for the control of African swine
Switzerland is accompanied by an animal health
fever and amending Directive 92/119/EEC as regards
certificate drawn up in accordance with the models
( 1 ) OJ L 224, 18.8.1990, p. 62.
( 4 ) OJ L 192, 20.7.2002, p. 27.
( 2 ) OJ L 320, 5.12.2009, p. 12.
( 5 ) OJ L 62, 15.3.1993, p. 69.
( 3 ) OJ L 61, 2.3.2012, p. 1.
( 6 ) OJ L 213, 8.8.2008, p. 42.

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L 64/30
EN
Official Journal of the European Union
3.3.2012
used for intra-Union trade in such semen set out in
(d) it complies with the requirements set out in the animal
Annex D to Directive 90/429/EEC, with the adaptations
health certificate referred to in point (c).
set out in point 3 of Chapter VIII(B) of Appendix 2 of
Annex 11 to the Agreement between the European
2. Where
specific
animal
health
and
certification
conditions
Community and the Swiss Confederation on Trade in
are laid down in bilateral agreements between the Union and
Agricultural Products, as approved by Decision
third countries, those conditions shall apply instead of the
2002/309/EC, Euratom of the Council, and of the
conditions laid down in paragraph 1.
Commission as regards the Agreement on Scientific
and Technological Cooperation, of 4 April 2002 on
Article 3
the conclusion of seven Agreements with the Swiss
Confederation ( 1 ).
Conditions concerning the transport of semen to the
Union
1. The
semen
referred
to
in
Article
2
shall
not
be
transported
in the same container as other consignments of semen that:
(9) In
the
interest
of
clarity
and
consistency
of
Union
legis
lation, Decision 2009/893/EC should be repealed and
(a) are not intended for introduction into the Union; or
replaced by this Decision.
(b) are of a lower health status.
(10) To avoid any disruption of trade, the use of animal
health certificates issued in accordance with Decision
2009/893/EC should be authorised during a transitional
2. During
transport
to
the
Union,
semen
shall
be
placed
in
period.
closed and sealed flasks and the seal shall not be broken during
transport.
(11) The
measures provided for in this Decision are in
accordance with the opinion of the Standing
Article 4
Committee on the Food Chain and Animal Health,
Repeal
HAS ADOPTED THIS DECISION:
Decision 2009/893/EC is repealed.
Article 1
Article 5
Subject matter
Transitional provision
This Decision lays down a list of third countries or parts thereof
For a transitional period until 30 November 2012, Member
from which Member States shall authorise imports into the
States shall authorise imports of semen from third countries
Union of semen of domestic animals of the porcine species.
which are accompanied by an animal health certificate issued
not later than 31 October 2012 in accordance with the model
set out in Part 1 of Annex II to Decision 2009/893/EC.
It also lays down certification requirements for imports of
semen into the Union.
Article 6
Article 2
Applicability
Imports of semen
This Decision shall apply from 1 June 2012.
1. Member
States
shall
authorise
the
import
of
semen
provided that it complies with the following conditions:
Article 7
Addressees
(a) it comes from a third country, or part thereof, listed in
Annex I;
This Decision is addressed to the Member States.
(b) it comes from a semen collection centre listed in accordance
with Article 8(2) of Directive 90/429/EEC;
Done at Brussels, 1 March 2012.
(c) it is accompanied by an animal health certificate drawn up
For the Commission
in accordance with the model animal health certificate set
out in Part 1 of Annex II, and completed in accordance with
John DALLI
the explanatory notes set out in Part 2 of that Annex;
Member of the Commission
( 1 ) OJ L 114, 30.4.2002, p. 1.

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EN
3.3.2012 Official
Journal
of
the
European
Union L
64/31
ANNEX I
List of third countries or part thereof from which Member States are to authorise imports of semen of domestic
animals of the porcine species
ISO code Name
of
the
third
country Remarks
CA Canada
CH Switzerland
(*)
NZ New
Zealand
US United
States
(*) The certificate to be used for imports from Switzerland is set out in Annex D to Directive 90/429/EEC, with the adaptations set out in
point 3 of Chapter VIII(B) of Appendix 2 of Annex 11 to the Agreement between the European Community and the Swiss
Confederation on trade in agricultural products as approved by Decision 2002/309/EC, Euratom.

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L 64/32
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Official Journal of the European Union
3.3.2012
ANNEX II
PART 1
Model animal health certificate for imports of semen of domestic animals of the porcine species

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European
Union L
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PART 2
Explanatory notes for the certification
(a) The animal health certificates shall be issued by the (f) When the animal health certificate, including additional
competent authority of the exporting third country,
schedules referred to in (e), comprises more than one
in accordance with the model set out in Part 1 of
page, each page shall be numbered (page number) of
Annex II.
(total number of pages), at the end of the page and
shall bear the certificate reference number designated
If the Member State of destination requires additional
by the competent authority on the top of the pages.
certification requirements, attestations to certify that
those requirements are fulfilled shall be also incor
(g) The original of the animal health certificate must be
porated in the original form of the animal health
completed and signed by an official veterinarian the
certificate.
last working day prior to loading of the consignment
for exportation to the European Union. The competent
(b) The original of the animal health certificate shall
authorities of the exporting third country shall ensure
consist of a single sheet of paper, or, where more
that certification requirements equivalent to those laid
text is required, it must be in such a form that all
down in Council Directive 96/93/EC ( 1 ) are followed.
sheets of paper required are part of an integrated
whole and indivisible.
The colour of the signature and the stamp of the
official veterinarian shall be different to that of the
(c) Where the model animal health certificate states that
printing on the animal health certificate. This
certain statements shall be kept as appropriate,
requirement also applies to stamps other than those
statements which are not relevant, may be crossed
embossed or watermarks.
out and initialled and stamped by the certifying
officer, or completely deleted from certificate.
(h) The original of the animal health certificate must
accompany the consignment until it reaches the
(d) The animal health certificate shall be drawn up in at
border inspection post of introduction into the
least one of the official languages of the Member State
European Union.
of the border inspection post of introduction of the
consignment into the European Union and of the (i) The certificate reference number referred to in Box I.2
Member State of destination. However, those Member
and Box II.a of the model animal health certificate must
States may authorise the certificate to be drawn up in
be issued by the competent authority of the exporting
the official language of another Member State, and
third country.
accompanied, if necessary, by an official translation.
(e) If for the reasons of identification of the items of the
consignment (schedule in Box I.28 of the model animal
health certificates), additional sheets of paper are
attached to the animal health certificate, those sheets
of paper shall also be considered as forming part of the
original of the animal health certificate by application
of the signature and stamp of the certifying officer, on
each of the pages.
( 1 ) OJ L 13, 16.1.1997, p. 28.

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Document Outline

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