Within the systematic harmonization of our veterinary legislation to the Community rules, as a consequence of the accession of Spain to the European Economic Community, it is appropriate to do so to the provisions of the 90 /425/EEC of 26 June concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market, as last amended by is Directive 92/60/EEC of 30 June 1992.

In view of the abolition of veterinary checks at the border, which ensured the protection of public and animal health, it is appropriate to establish such controls at the place of destination. Also, as the responsibility lies with the state of dispatch, it is necessary to establish controls at the dispatch points to ensure that the consignments do not present irregularities.

It is also appropriate to apply similar rules for zootechnical checks.

All this justifies the maintenance of a zootechnical and identification health certificate to accompany animals and products. For the same reason, it is appropriate to establish an animal identification system to establish the origin of the animal identification system in a harmonised manner.

It is also necessary to set up a rapid system for the exchange of information between the competent authorities of the Member States and between them and the Commission of the EEC.

Consequently, it is necessary to incorporate into Spanish legislation the animal health requirements set out in that Directive, and in accordance with the state competence contained in Article 149.1.10 and 16 of the Constitution.

For these purposes, on a proposal from the Minister for Agriculture, Fisheries and Food, in agreement with the Ministry of Health and Consumer Affairs, the sectors concerned and after deliberation by the Council of Ministers at their meeting on 30 June October 1992,

DISPONGO:

Article 1.

Veterinary and zootechnical checks on live animals and products intended for trade, subject to the State and Community provisions listed in Annex A, as well as those listed in Annex B to this Regulation. Royal Decree shall be carried out in accordance with the provisions of this Regulation.

This Royal Decree shall not apply to veterinary checks on movements between Member States of pet animals, without commercial character and accompanied by a natural person responsible for the animals. during the movement.

Article 2.

For the purposes of this provision:

(a) "Veterinary control" means any physical check and any administrative formalities relating to the animals or products referred to in Article 1 and intended directly or indirectly to guarantee the protection of public or animal health.

(b) "zootechnical checks" means any physical check and any administrative formalities relating to animals covered by the State and Community provisions referred to in Part II of Annex A and which are intended directly or indirectly to ensure the improvement of animal breeds.

(c) "Exchanges" means exchanges between Member States, in accordance with the provisions of Article 9 (2) of the Treaty.

(d) "Operation" means the agricultural holding or the stable of a treatment, in accordance with the national rules in force, in which the animals referred to in Annexes A and B are found or regularly reared, with the exception of equidae as well as the holding as defined in the Community rules on animal health conditions governing the movement of equidae and imports of equidae and imports of equidae from countries third parties.

(e) "Centre or body" means any undertaking carrying out the production, storage, processing or handling of the products referred to in Article 1.

(f) "Competent Authority": The Ministries of Agriculture, Fisheries and Food and Health and Consumer Affairs, in their respective fields of competence, for exchanges with third countries and the corresponding bodies of the Autonomous Communities for intra-Community trade.

(g) "official veterinarian" means the one designated by the competent authority.

Chapter I

Controls at source

Article 3.

1. Animals and products referred to in Article 1 may only be used for trade if they fulfil the following conditions:

(a) The animals and products referred to in Annex A shall comply with the requirements of the relevant State and Community provisions referred to therein and the animals and products referred to in Annex B shall comply with the requirements laid down in Annex A. respect the health police rules of the Member State of destination.

(b) Animals and products must come from a holding, a centre or a body subject to regular official veterinary checks.

(c) Animals and products shall, on the one hand, be identified in accordance with the requirements of Community legislation and, on the other hand, must be registered so that the holding, the centre or the The source or step body.

(d) Animals and products must be accompanied during the transport of health certificates and any other documents provided for in the State and Community provisions referred to in Annex A and, refers to the other animals and products, by the rules of the Member State of destination.

Those certificates or documents, issued by the official veterinarian responsible for the holding, the centre or the body of origin or, in the case of documents provided for by the zootechnical legislation which cites the II of Annex A, by the competent authority, shall accompany the animal, the animals or the products until their arrival to the recipients.

e) Animals or animal products shall not proceed:

1. From holdings, centres or bodies situated in areas or regions which, under Community rules, are subject to restrictions on animals or products in question because of the presumption, appearance or existence of such products of any of the diseases referred to in Annex C or due to the application of safeguard measures.

2. From holdings, centres, agencies, areas or regions which, in accordance with Community rules, are subject to official restrictions because of the presumption, occurrence or existence of diseases other than those referred to in Annex C or the application of safeguard measures.

3. From holdings, centres, agencies, or parts of the territory of a Member State, which do not offer the guarantees required by another Member State, for diseases other than those referred to in Annex C and whose status as free in part, or in all of its territory has been recognised by Community legislation or which has benefited from the additional guarantees in accordance with Royal Decree 434/1990 of 30 March 1990.

The certificate or accompanying document provided for in paragraph (d) shall include the conformity of the holdings, centres or bodies with the requirements laid down at this point.

(f) Where the transport relates to several places of destination, the animals or products shall be grouped in as many lots as places of destination. Each lot shall be accompanied by the certificates and documents referred to in paragraph (d).

g) Where animals or products, as referred to in the State and Community provisions referred to in Annex A and which comply with Community rules, are intended to be exported to a third country through another Member State, transport, except in cases of urgency authorised by the competent authority to ensure the welfare of the animals, shall be placed under customs control to the place of departure from the territory of the EEC.

(h) In addition, in the case of animals or products which do not comply with Community standards, or animals or products referred to in Annex B, transit may take place only if it has been expressly authorised by the authority. competent of the Member State of transit.

2. The animals and products must also:

(a) Not be included within a national programme for the eradication of diseases not mentioned in Annex C, requiring their disposal.

(b) Not to be included among non-marketable in Spain for justified health reasons or health police, in relation to Article 36 of the Treaty, whether referred to in Annex A or Annex B.

3. Without prejudice to the checks carried out by the Community rules to the official veterinarian, the competent authority shall carry out checks on the holdings, fairs, markets or regrouping centres approved and the centres and bodies, in order to ensure that the animals and products intended for trade comply with Community requirements, and in particular the conditions of identification laid down in paragraphs (c) and (d) of paragraph 1.

Where there are reasonable grounds for believing that the Community requirements are not complied with, the competent authority shall carry out the necessary checks and, if the suspicions are confirmed, take the appropriate measures, which may go to the operation of the holding, the centre or the body concerned.

Article 4.

1. The competent authority shall take the necessary measures to ensure on shipments that:

(a) Persons responsible for the holding of animals and products covered by Article 1 of this Royal Decree comply with the national or Community health and zootechnical requirements referred to therein in all Member States. stages of production and marketing.

(b) The animals and products listed in Annex A shall be checked from the veterinary point of view at least with the same attention as if they were intended for the domestic market, unless the Community rules specifically have something else.

(c) Animals are transported in appropriate means of transport to ensure hygiene standards.

2. The competent authority, which has issued the certificate or document of origin accompanying the animals or products, shall inform the Ministry of Agriculture, Fisheries and Food on the day of issue by means of the computerised system. to be provided for that purpose, for notification to the competent central authority of the Member State of destination and to the competent authority of the place of destination.

3. The competent authority shall take appropriate measures to punish any infringement committed against veterinary and zootechnical legislation by natural or legal persons and in particular where it is found that certificates, documents or established identification marks do not correspond to the situation of the animals or their holdings of origin or to the actual characteristics of the products.

Chapter II

Controls on target

Article 5.

1. The following control measures shall be applied by the competent authority:

(a) In the places of destination of the animals or products, by the official veterinarians of the corresponding Autonomous Communities, a non-discriminatory survey of the performance of the animals shall be carried out. the requirements laid down in Article 3 may be carried out on the occasion of such checks on sampling.

In addition, checks may also be carried out during the transport of animals and products, both in transit and at destination, where the competent authority has information which would enable it to be commits an infringement.

(b) In addition, where the animals referred to in Article 1 and originating in another Member State are intended:

1. The holder shall be responsible for the admission of animals which do not comply with the requirements of Article 3 (1), to a market or an approved regrouping centre.

The competent authority shall verify by means of non-discriminatory controls of the accompanying certificates or accompanying documents that the animals comply with those requirements.

2. To a slaughterhouse which is under the responsibility of an official veterinarian, the latter must satisfy, in particular, the certificate or document which must accompany the livestock, that only the animals which comply with the requirements are slaughtered. requirements of Article 3 (1).

The holder of the slaughterhouse shall be responsible for the slaughter of animals which do not comply with the requirements of Article 3 (1) (c) and (d)

3. A registered trader who proceeds to split the lots or any establishment not under permanent control the competent authority shall treat that trader or establishment as recipients of the animals and shall apply it to him. the conditions laid down in paragraph 2 of this Article.

4. For holdings, centres or agencies, even in the case of partial unloading during transport, each animal or group of animals in accordance with Article 3 (1) must be accompanied by the original of the health certificate or the document. (i) to accompany them, until they reach the addressee mentioned in them.

2. The addressees referred to in paragraphs 3. and 4. Paragraph 1 of this Article, before any further fractionation or placing on the market, shall check the presence of the identification marks, certificates or documents referred to in paragraph 1 (c) and (d) of this Article. Article 3, and to indicate to the competent authority any fault or anomaly, in which case the animals in question shall be isolated until such authority has taken a decision on what is to be done with the animals.

The guarantees to be provided by the addressees shall be determined in the framework of an agreement to be signed with the competent authority on the basis of the prior registration referred to in Article 12. This authority shall verify, by means of survey checks, compliance with these guarantees.

3. All the addressees listed in the certificate or document referred to in Article 3 (1) (d):

(a) They shall be obliged to communicate in advance to the competent authority of the Autonomous Community, at their request, the arrival of animals or products from another Member State to the extent necessary for the completion of the the checks referred to in paragraph 1, and in particular the nature of the consignment and the foreseeable date of arrival.

The notification period shall not, as a general rule, be longer than one day; however, in exceptional circumstances, it may be required that the notification be made two days in advance.

This notification shall not be required for registered horses, bearing the identification document provided for in Community legislation concerning the zootechnical and genealogical conditions governing trade. Intra-Community equidae.

(b) shall, for a period of six months, retain the health certificates or documents referred to in Article 3, in order to present them, where appropriate, to the competent authority, at the request of the competent authority.

Article 6.

1. In the event that Community rules or national regulations, in sectors not yet harmonised and within the scope of the general rules of the Treaty, establish that live animals are subject to quarantine, this quarantine shall be place normally on the target farm.

2. Where exceptional circumstances, from the veterinary point of view, warrant it, the quarantine may take place in a quarantine centre.

That center should be considered as the destination location for the shipment.

Article 7.

1. The following measures shall be taken in the customs cases of ports, airports and border inspection posts for which animals or products defined in Article 1 may be introduced from a third

:

(a) A verification of the certificates or documents accompanying the animals or products shall be carried out.

(b) Animals and products of Community origin shall be subject to the control rules provided for in Article 5.

(c) Products from third countries shall be subject to Community rules concerning the organisation of veterinary checks on products entering the Community from third countries.

(d) Animals from third countries shall be subject to Community rules on the organisation of veterinary checks on animals entering the Community from third countries.

2. However, by way of derogation from paragraph 1, all animals or products transported by means of transport which link, on a regular and direct basis, two geographical points of the Community, shall be subject to the rules of control set out in Article 5.

Article 8.

1. If a check is carried out at the place of destination of the consignment, or during transport, the competent bodies of the Autonomous Communities shall:

(a) The presence of agents causing a disease referred to by Royal Decree 959/1986 of 25 April, of a zoonosis, of a disease or of any cause which may constitute a serious danger to animals or to the man, or that the products come from a region contaminated by an epizootic disease, shall order the quarantine of the animal or the consignment of animals in the nearest quarantine centre, its slaughter or destruction, as the case may be.

The costs arising from the measures referred to in the first subparagraph shall be borne by the consignor, his representative or the person responsible for the products or animals.

The competent bodies of the Autonomous Communities shall communicate such facts to the Ministry of Agriculture, Fisheries and Food and, where appropriate, to the Ministry of Health and Consumer Affairs when diseases are detected causing or constitute a serious danger to man. They shall send immediately in writing and by the most appropriate means to the competent authorities of the other Member States and to the Commission, the decisions taken, the reasons for such decisions and the measures applied.

The safeguard measures provided for in Article 10 may be applied.

(b) That, by way of derogation from paragraph (a), the animals or products do not fulfil the conditions required by the Community Directives or, in the case where the Member State obtains the guarantees in accordance with the Royal Decree 434/1990 of 30 March, or with equivalent Community rules, by national health police rules and if the Community police conditions permit, may allow the consignor or his representative to choose between:

1. In the event of waste, the isolation of the animals and their maintenance under control until compliance with the Community rules is confirmed and, in breach of these rules, the implementation of the measures provided for in the legislation community.

2. The slaughter of the animals or the destruction of the products.

3. Re-dispatch with the authorisation of the competent authority of the Member State of dispatch and the prior information of the State or Member States of transit.

However, in the event that defects are observed in the certificate or in the accompanying document, a period may be granted to the owner or his/her representative to be subsone before resorting to the last possibility. cited.

Article 9.

In the cases referred to in Article 8, the corresponding bodies of the Autonomous Communities shall communicate such facts to the Ministry of Agriculture, Fisheries and Food and, where appropriate, to the Ministry of Health and Consumer Affairs. when diseases are detected which cause or constitute a serious danger to man.

The decisions taken shall be communicated to the consignor or his representative, as well as to the competent authority of the Member State of dispatch.

Whenever the consignor or his representative so requests, such reasoned decisions must be notified in writing, mentioning the resources provided for by the national legislation in force, as well as their forms and time limits. presentation.

However, in the event of a dispute, and if the two litigants agree, they may, within a maximum period of one month, submit the dispute to the assessment of an expert on the list of Community experts drawn up by the Commission. The costs of this report shall be borne by the Community.

The expert will be responsible for issuing your report within the maximum period of seventy-two hours, or after receiving the result of the analysis, if any. The parties shall submit to the expert report, in compliance with Community veterinary legislation.

The costs relating to the forwarding of the consignment, the accommodation or the attachment of the animals or, where appropriate, the slaughter or destruction of the animals shall be borne by the consignor, his representative or the person who has been take care of the animals or products.

Chapter III

Common Provisions

Article 10.

If the competent authority, on the occasion of a check carried out in accordance with Article 5, checks the existence of one of the diseases referred to in Royal Decree 959/1986, or of any disease zoonoses which may be a serious danger to public health or animal health, may take the preventive measures provided for in Community legislation, including the quarantine of animals.

It may also, for serious reasons for the protection of public health or animal health, adopt precautionary measures with regard to the holdings, centres or bodies concerned or, in the case of an epizootic disease, with regard to the protection zone referred to in Community legislation.

The relevant bodies of the Autonomous Communities shall communicate the measures taken to the Ministry of Agriculture, Fisheries and Food and, where appropriate, also to the Ministry of Health and Consumer Affairs, in the case of a zoonosis or a disease that may pose a serious danger to public health.

Such measures shall be communicated, without delay, by the Ministry of Agriculture, Fisheries and Food and, where appropriate, by the Ministry of Health and Consumer Affairs, through the appropriate conduit, to the Commission and to the other Member States.

Article 11.

All operators engaged in intra-Community trade in animals and products referred to in Article 1 of this Royal Decree shall:

(a) Register, in advance, in an official register established for the purpose by the corresponding bodies of the Autonomous Communities, which shall forward such data to the Ministry of Agriculture, Fisheries and Food.

(b) to keep a record in which the deliveries are mentioned and, for the recipients referred to in paragraph 3 (b) of Article 5 (1), the subsequent destination of the animals or products.

This record must be retained for a period of not less than five years.

Article 12.

1. The official veterinary services, where appropriate, in collaboration with the agents of other services authorised for that purpose, shall carry out, in particular:

(a) Inspections of holdings, facilities, means of transport and procedures used for marking and identification of animals.

(b) In the case of the products listed in Annex A, compliance checks by the staff of the requirements laid down in the texts referred to in that Annex.

c) Taking samples from:

1. Existing animals intended for sale, put into circulation or transport.

2. Existing products intended for storage or sale, put into circulation or transport.

(d) The examination of the documentary or computer material necessary for the controls resulting from the application of this Royal Decree.

2. The holdings, centres or controlled bodies shall cooperate with the competent authority for the performance of the tasks referred to above.

Single additional disposition.

This provision is made under Article 149.1.10 and 16 of the Constitution.

First disposition first.

The Ministers of Agriculture, Fisheries and Food and of Health and Consumer Affairs are empowered to make, in the field of their powers, the necessary provisions for compliance with the provisions of this Royal Decree.

Final disposition second.

The Minister for Agriculture, Fisheries and Food is empowered to amend the Annexes to this Royal Decree in the light of the changes made by Community provisions and, in particular, to the inclusion of rules transposing the relevant Directives.

Third end disposition.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid to October 30, 1992.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

PEDRO SOLBES MIRA

ANNEX A

I. Veterinary legislation

1. Royal Decrees 379/1987, 866/1988 and 434/1990, and Ministerial Orders of 28 February 1986 and 29 October 1987, implementing Council Directive 64 /432/EEC of 26 June 1964 on health problems affecting the environment, health and safety at work intra-Community trade in animals of the bovine and porcine species.

2. Royal Decree 877/1990 of 6 July 1990 transposing Council Directive 88 /407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of certain products originating in the European Community frozen semen of animals of the bovine species.

3. Royal Decree 855/1992 of 10 July 1992 transposing Directive 89 /556/EEC of the Council of 25 September 1989 on animal health conditions applicable to intra-Community trade in and imports from third countries from third countries of embryos of domestic animals of the bovine species.

4. Council Directive 90 /426/EEC of 26 June 1990 on animal health conditions governing the movement of equidae and imports of equidae from third countries.

5. Council Directive 90 /429/EEC of 26 June 1990 laying down animal health rules applicable to intra-Community trade in and imports of semen of animals of the porcine species.

6. Council Directive 90 /539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in and imports of poultry and hatching eggs from third countries.

7. Council Directive 90 /667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, its placing on the market and the prevention of pathogens in feedingstuffs animal origin or fish-based origin.

8. Council Directive 91 /68/EEC of 28 January 1991 on animal health rules governing intra-Community trade in ovine and caprine animals.

9. Council Directive 91 /628/EEC of 19 November 1991 on the protection of animals during transport.

10. Council Directive 92/65/EEC of 13 July 1992 laying down the animal health conditions governing trade in and imports into the community of animals, semen, ova and embryos not subject to these conditions conditions for the specific Community rules referred to in Section I of Annex A to Directive 90 /425/EEC.

II. Zootechnical legislation

1. Royal Decree 420/1987 and Ministerial Orders of 15 September 1987 and 25 February 1989 transposing Directive 77 /504/EEC of the Council of 25 July 1977 on animals of the bovine species of selecite reproduction.

2. Royal Decrees 723/90 of 8 June 1991 and 1108/1991 of 12 July 1991 transposing Council Directive 88 /661/EEC of 19 December 1988 on the zootechnical rules applicable to breeding animals of the species swine.

3. Royal Decree 286/1991 of 8 March 1991 transposing Directive 89 /361/EEC of the Council of 30 May 1989 on pure-bred breeding animals of the bovine and caprine species.

4. Council Directive 90 /427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae.

5. Royal Decree 178/1992 of 28 February 1992 transposing Directive 91 /174/EEC of the Council of 25 March 1991 on the zootechnical and genealogical rules governing the marketing of breed animals.

ANNEX B

Animals and products not subject to harmonisation but whose trade will be subject to the controls provided for by this Royal Decree

A) Veterinary legislation. Other live animals not listed in Part I of Annex A.

B) Veterinary legislation. Semen, ova and embryos not listed in Part I of Annex A.

ANNEX C

List of diseases or epizootic diseases subject to mandatory emergency measures, with territorial restrictions (Member States, regions or areas)

1. Foot-and-mouth disease.

2. Classical swine fever.

3. African swine fever.

4. Swine vesicular disease.

5. Newcastle disease.

6. Rinderpest.

7. Plague of small ruminants.

8. Vesicular stomatitis.

9. Catarral fever.

10. African horse sickness.

11. Equine viral encephalomyelitis.

12. Teschen's disease.

13. Avian plague.

14. Sheep and goat pox.

15. Lumpy skin disease.

16. Rift Valley fever.

17. Contagious bovine perineumonia.

18. Infectious haematopoietic necrosis.

19. Spongiform encephalopathy.