THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species(1), and in particular Article 8(1), the first subparagraph of Article 10(2), and Article 11(2) thereof,

Whereas:

(1) Directive 88/407/EEC lays down the animal health conditions applicable to imports from third countries into the Union of semen of domestic animals of the bovine species. It provides that only semen that comes from a third country included on a list of third countries drawn up in accordance with that Directive and accompanied by an animal health certificate corresponding to a model also drawn up in accordance with that Directive, is to be imported into the Union. The animal health certificate is to certify that semen comes from semen collection and storage centres offering guarantees provided for in Article 9(1) of that Directive.

(2) Commission Decision 2004/639/EC of 6 September 2004 laying down the importation conditions of semen of domestic animals of the bovine species(2) currently sets out the list of third countries from which Member States are to authorise imports of semen of domestic animals of the bovine species in Annex I thereto.

(3) Under Article 8(2) of Directive 88/407/EEC, a Member State may authorise imports of semen of domestic animals of the bovine species only from those third countries which appear on a list to be drawn up in accordance with that Directive. In deciding whether a third country may appear on such a list, particular account is to be taken of various conditions, such as the state of health of the livestock.

(4) Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements(3) repealed and replaced Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat(4). Regulation (EU) No 206/2010 sets out a list of third countries authorised for the introduction of ungulates into the Union in Annex I thereto. The conditions for the introduction of ungulates, laid down in that Regulation, are similar to the conditions for imports of semen of domestic animals of the bovine species laid down in Directive 88/407/EEC.

(5) There is no scientific evidence suggesting that, with regard to major exotic contagious diseases, the risks arising from the health status of the donor bovine male could be mitigated by treatment of the semen. Accordingly, the list of third countries from which Member States are to authorise imports of semen should be based on the animal health status of the third countries from which imports of live domestic animals of the bovine species are authorised. The list set out in Annex I to Regulation (EU) No 206/2010 includes Chile, Iceland and Saint Pierre and Miquelon. Therefore, those third countries should also be included in the list set out in Annex I to Decision 2004/639/EC.

(6) The model animal health certificate in Part 1 of Annex II to Decision 2004/639/EC includes the animal health conditions for imports of semen of domestic animals of the bovine species into the Union. Currently, the conditions for enzootic bovine leukosis and epizootic haemorrhagic disease in that certificate are not entirely consistent with those set out respectively in Chapter I(1)(c) of Annex B to Directive 88/407/EEC and in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE). As a result, that model animal health certificate should be amended to take account of that provision of that Directive and that Manual.

(7) The model animal health certificate in Part 3 of Annex II to Decision 2004/639/EC applies to imports and transits of semen of domestic animals of the bovine species dispatched from a semen storage centre or a semen collection centre either collected and processed in accordance with the conditions of Directive 88/407/EEC, as amended by Council Directive 2003/43/EC(5), or collected processed and stored before 31 December 2004 in conformity with the provisions of Directive 88/407/EEC applying until 1 July 2003, and imported after 31 December 2004 in accordance with Article 2(2) of Directive 2003/43/EC.

(8) In order to ensure full traceability of the semen, the model animal health certificate in Part 3 of Annex II to Decision 2004/639/EC should be supplemented by additional certification requirements and only used for trade in semen of domestic animals of the bovine species collected in the semen collection centres and dispatched from a semen storage centre, whether or not the latter constitute part of a semen collection centre approved under a different approval number. As a result, the model animal health certificate in Part 3 of Annex II to Decision 2004/639/EC should be adapted accordingly by this Decision.

(9) It is also necessary to adapt by this Decision the dates in the titles of model health certificates in Part 2 and Part 3 of Annex II to Decision 2004/639/EC related to the stocks of semen of domestic animals of the bovine species collected, processed and stored before 31 December 2004 to reflect the provisions of Article 2(1) of Directive 2003/43/EC.

(10) There are bilateral agreements concluded between the Union and certain third countries containing specific conditions for the imports into the Union of semen of domestic animals of the bovine species. Therefore, where the bilateral agreements contain specific conditions and model animal health certificates for imports, those conditions and models should apply instead of the conditions and models set out in this Decision.

(11) On the basis of Directive 88/407/EEC, Canada was recognised as a third country with an animal health status equivalent to that of Member States for imports into the Union of semen of domestic animals of the bovine species.

(12) It is therefore appropriate that semen of domestic animals of the bovine species collected in Canada and imported into the Union from that third country is accompanied by a simplified certificate drawn up in accordance with the model set out in Commission Decision 2005/290/EC of 4 April 2005 on simplified certificates for the importation of bovine semen and fresh pig meat from Canada and amending Decision 2004/639/EC(6) laid down in accordance with the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products(7), as approved by Council Decision 1999/201/EC(8).

(13) Switzerland is a third country with an animal health status equivalent to that of Member States. It is therefore appropriate that semen of domestic animals of the bovine species imported into the Union from Switzerland is accompanied by an animal health certificate drawn up in accordance with the models used for trade within the Union in semen of domestic animals of the bovine species set out in Annex D to Directive 88/407/EEC, with the adaptations set out in point 4 of Chapter VII(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 of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation(9).

(14) In the interest of clarity and consistency of Union legislation, Decision 2004/639/EC should be repealed and replaced by this Decision.

(15) To avoid any disruption of trade, the use of animal health certificates issued in accordance with Decision 2004/639/EC should be authorised during a transitional period subject to certain conditions.

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

HAS ADOPTED THIS DECISION: