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Commission Regulation (EC) No 119/2009 of 9 February 2009 laying down a list of third countries or parts thereof, for imports into, or transit through, the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements (Text with EEA relevance)

EU Regulation No 119/2009 · Adopted 9 February 2009 · Extends to United Kingdom

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Commission Regulation (EC) No 119/2009

of 9 February 2009

laying down a list of third countries or parts thereof, for imports into, or transit through, the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumptionf1, and in particular the first subparagraph of point 1 of Article 8, Article 9(2)(b) and Article 9(4)(b) and (c) thereof,

Having regard to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffsf2, and in particular Article 12 thereof,

Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal originf3, and in particular Article 9 thereof,

Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumptionf4, and in particular Articles 11(1) and 14(4) thereof,

Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rulesf5, and in particular Article 48(1) thereof,

Whereas:

(1)

Commission Decision 2000/585/ECf6 draws up a list of third countries from which Member States are to authorise imports of rabbit meat and certain wild and farmed game meat, and lays down the animal and public health and the veterinary certification conditions for such imports.

(2)

In the interests of consistency of Community legislation, Community rules for imports of meat of wild leporidae, of certain wild land mammals and of farmed rabbits should take into account the public health requirements laid down in Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004.

(3)

The measures provided for in this Regulation shall be without prejudice to legislation implementing Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade thereinf7.

(4)

With a view to harmonising Community conditions for imports into the Community of the commodities concerned, as well as making them more transparent and simplifying the legislative procedure for amending such conditions, those conditions should be set out in the appropriate model veterinary certificates set out in this Regulation.

(5)

The veterinary certificates for imports into and transit, including storage during transit, through the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits should comply with the appropriate standard models set out in Annex I to Commission Decision 2007/240/EC of 16 April 2007 laying down new veterinary certificates for importing live animals, semen, embryos, ova and products of animal origin into the Community pursuant to Decisions 79/542/EEC, 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC, 95/328/EC, 96/333/EC, 96/539/EC, 96/540/EC, 2000/572/EC, 2000/585/EC, 2000/666/EC, 2002/613/EC, 2003/56/EC, 2003/779/EC, 2003/804/EC, 2003/858/EC, 2003/863/EC, 2003/881/EC, 2004/407/EC, 2004/438/EC, 2004/595/EC, 2004/639/EC and 2006/168/ECf8.

(6)

The model veterinary certificates, set out in this Regulation, for imports into and transit, including storage during transit, through the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits should also be compatible with the Traces system, as provided for in Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces systemf9.

(7)

The list of third countries or parts thereof, listed in Annex II to Council Decision 79/542/EECf10 should be used for imports into, or transit through, the Community of meat of wild leporidae and of farmed rabbits. The list of countries should be laid down for imports into or transit through, the Community of meat of wild land mammals other than ungulates and leporidae.

(8)

Specific conditions for transit via the Community of consignments to and from Russia should be provided for, owing to the geographical situation of Kaliningrad which only concerns Latvia, Lithuania and Poland.

(9)

To avoid any disruption of trade, the use of the veterinary certificates issued in accordance with Decision 2000/585/EC should be authorised during a transitional period.

(10)

In the interests of clarity of Community legislation, Commission Decision 2000/585/EC should be repealed and replaced by this Regulation.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 18, 23.1.2003, p. 11.

f2

OJ L 139, 30.4.2004, p. 1, corrected by OJ L 226, 25.6.2004, p. 3.

f3

OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, p. 22.

f4

OJ L 139, 30.4.2004, p. 206, as corrected by OJ L 226, 25.6.2004, p. 83.

f5

OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004, p. 1.

f6

OJ L 251, 6.10.2000, p. 1.

f7

OJ L 61, 3.3.1997, p. 1.

f8

OJ L 104, 21.4.2007, p. 37.

f9

OJ L 94, 31.3.2004, p. 63.

f10

OJ L 146, 14.6.1979, p. 15.

Contents

  1. 1Subject matter and scope
  2. 2Interpretation
  3. 2aAdditional guarantees
  4. 2bCode of third country or part thereof
  5. 3... Third countries or parts thereof from which commodities may be imported into, or transit through, Great Britain
  6. 4Veterinary certification
  7. 5Derogation for transit through Latvia, Lithuania and Poland Repealed
  8. 5aMatters relating to the exercise of powers under this Regulation
  9. 6Repeal
  10. 7Transitional provisions Repealed
  11. 8Entry into force and applicability
  12. Signature
  13. Annex I: MEAT OF WILD LEPORIDAE, OF CERTAIN WILD LAND MAMMALS AND OF FARMED RABBITS
  14. PART 1List of third countries ...
  15. PART 2Model veterinary certificates Repealed
  16. PART 3Additional guarantees Repealed
  17. Notes for veterinary certification Repealed
  18. Division Repealed
  19. Division Repealed
  20. Division Repealed
  21. Division Repealed
  22. Division Repealed
  23. Division Repealed
  24. Division Repealed
  25. Division Repealed
  26. Annex II: MODEL VETERINARY CERTIFICATES FOR THE IMPORT OF MEAT OF WILD LEPORIDAE, CERTAIN WILD LAND MAMMALS AND FARMED RABBITS INTO THE EUROPEAN COMMUNITY Repealed
  27. Division Repealed
  28. Division Repealed
  29. Division Repealed
  30. Annex III Repealed
  31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  32. Annex IV(as referred to in Article 6)

1Subject matter and scope

1.

This Regulation lays down:

(a)

a list of third countries F1and makes provision for the specification for the purposes of this Regulation by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), of third countries or parts thereof from which the following commodities may be imported into, or transit through F2Great Britain:

  1. (i)

    meat of wild leporidae not containing offal, except for unskinned and uneviscerated wild leporidae;

  2. (ii)

    meat of wild land mammals other than ungulates and leporidae, not containing offal;

  3. (iii)

    meat of farmed rabbits;

(b)

the veterinary certification requirements for the commodities listed in points (i), (ii) and (iii) (the commodities).

2.

F3... For the purposes of this Regulation, transit covers storage during transit (including putting into storage, as referred to in F4Commission Delegated Regulation (EU) 2019/2124).

3.

This Regulation shall apply without prejudice to:

  1. (i)

    specific certification requirements provided for in F5agreements between the United Kingdom and third countries;

  2. (ii)

    the relevant rules on certification contained within legislation implementing Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.

2InterpretationF1

For the purposes of this Regulation—

(a))

“additional guarantee” means the guarantee given under paragraph 2 of Article 2a;

(b))

“wild leporidae” means wild rabbits and hares.

2aAdditional guaranteesF1

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 impose conditions relating to the protection of public health, animal health or food safety in Great Britain on the import of a commodity from a third country listed in Part 1 of Annex 1, or a part thereof.

2.

The person exporting the commodity from the third country to Great Britain, or another person acting on their behalf, must provide evidence that any condition imposed under paragraph 1 in relation to the commodity is satisfied by giving an additional guarantee in accordance with the veterinary certificate for the commodity concerned.

3.

The Secretary of State must publish any conditions imposed under paragraph 1 and the commodities to which they relate in a document published for the purposes of this Article.

2bCode of third country or part thereofF1

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 a veterinary certificate under this Regulation, a third country listed in Part 1 of Annex 1, or part thereof.

3... Third countries or parts thereof from which commodities may be imported into, or transit through, Great BritainF4F5F1

The commodities that may be imported into, or transited through, Great Britain from a third country are confined to those from F2such of the third countries listed in Part 1 of Annex I F3or parts thereof, 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; and in this Regulation “third country” means any country or territory other the British Islands.

4Veterinary certification

1.

Commodities imported into F1Great Britain shall be accompanied by a veterinary certificate drawn up in accordance with the model certificate F2, in the form published by the appropriate authority from time to time, for the commodity concerned F3....

2.

Commodities in transit through F4Great Britain shall be accompanied by a certificate drawn up in accordance with the model certificate F5, in the form published by the appropriate authority from time to time.

3.

Compliance with the additional guarantees, as required F6for Great Britain, shall be certified by completing the appropriate section in the veterinary certificate for the commodity concerned.

4.

Electronic certification F7... may be used.

F8(5.)

“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.

5Derogation for transit through Latvia, Lithuania and PolandF1

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

5aMatters relating to the exercise of powers under this RegulationF1

(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 animal health criteria and the public health criteria.

(2.)

The provisions are—

(a)

Article 2a (additional guarantees)

(b)

Article 3 (specification of third countries or parts thereof from which commodities may be imported into, or transit through, Great Britain).

(3.)

Any assessment which is relied upon for the purposes of paragraph 1 must have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales).

(4.)

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.

(5.)

In this Article—

  • “animal health criteria” means the criteria set out in Schedule 1 to the Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019;

  • “public health criteria” means the criteria set out in Schedule 2 to those Regulations.

6Repeal

Decision 2000/585/EC is repealed.

References to the repealed Decision shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IV.

7Transitional provisionsF1

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

8Entry into force and applicability

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 June 2009.

Signature

F1...

PART 1List of third countries ...F1

MC
  • Model veterinary certificate.

  • AG
  • Additional guarantees.

  • F2. . .
    CountryF3...LeporidaeWild land mammals other than ungulates and leporidae
    WildFarmed rabbits
    MCF4...MCF5...MCF6...
    1345678
    AustraliaWLRMWM
    CanadaWLRMWM
    F7F8EU member States, Iceland, Liechtenstein and Norway ... WLRMWM
    GreenlandWLRMWM
    New ZealandWLRMWM
    RussiaWLRMWM
    Any other third country F9listed in Part 1 of Annex II to F10Commission Regulation (EU) No 206/2010 F11, or territories or parts of those third countries, specified 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 Article 14 of that Regulation in a document published for the purposes of that Article WLRM

    PART 2Model veterinary certificatesF1

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

    PART 3Additional guaranteesF1

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

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    F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    Annex IV(as referred to in Article 6)

    Correlation Table

    Decision 2000/585/ECThis Regulation
    Article 2Article 1
    —Article 2
    Article 2a (a)Article 3
    Article 2a (b, c and d)Article 4
    Article 2bArticle 5
    Article 4(1)Article 6
    Article 4(2)Article 7
    Article 3Article 8