S.L. 437.98 Art. 17Uniform application of rule 16. 18 [ 19

(1) The following paragraphs shall apply for the purposes of the uniform application of rule 16.

(2) Only animals and semen, ova and embryos referred to in rule 11 which satisfy the following requirements may be imported into the Community:

(a) they must come from a third country on a list to be drawn up in accordance with sub-rule (3)(a);

(b) they must be accompanied by the health certificate corresponding to a specimen to be drawn up in accordance with the procedure referred to in Article 26 of Directive 92/65/EEC, signed by the competent authority of the exporting country and certifying that -

(i) the animals -- meet the additional conditions or offer the equivalent guarantees referred to in sub-rule (4), and - come from approved centres, bodies, institutes offering guarantees at least equivalent to those in Schedule C;

(ii) semen, ova and embryos come from approved collection and storage centres or collection and production teams offering guarantees at least equivalent to those to be established in Schedule D(I) in accordance with the procedure referred to in Article 26 of Directive 92/65/EEC. Pending the establishment of lists of third countries, approved establishments listed in paragraph (b), animal health requirements S.L.437.98 LAID DOWN IN SPECIFIC COMMUNITY ACTS and specimen health certificates as referred to in paragraphs (a) and (b), the then current national rules shall continue to apply provided they are not more favourable than those laid down in Chapter II.

(3) In accordance with the information received, there shall be established:

(a) in accordance with the procedure referred to in Article 26 of Directive 92/65/EEC, a list of third countries or parts of third countries able to provide Member States and the Commission with guarantees equivalent to those provided for in Chapter II in relation to animals, semen, ova and embryos; and

(b) a list of approved centres or teams as referred to in the rule 11(2)(a) and (3)(a) situated in one of the third countries appearing on the list referred to in paragraph

(a) above, and for which the competent authority is able to give the guarantees provided for in rule 11(2) and (3). The list of approved centres and teams referred to in this paragraph and their veterinary registration numbers shall be communicated to the Commission. The approval of centres or teams must be immediately suspended or withdrawn by the competent authority of the third country where it no longer complies with the conditions referred to in rule 11(2) and (3) and the Commission must be immediately informed thereof;

(c) in accordance with the procedure referred to in Article 26 of Directive 92/65/EEC, the specific animal health requirements, in particular for the protection of the Community from certain exotic diseases, or guarantees equivalent to those provided for in these rules. The specific requirements and equivalent guarantees established for third countries may not be more favourable than those provided for in Chapter II.

(4) The list provided for in sub-rule (3) may include only third countries or parts of third countries:

(a) from which imports are not prohibited:

(i) as a result of the existence of one of the diseases referred to in Schedule A or of any other disease exotic to the Community,

(ii) pursuant to Articles 6, 7 and 14 of Directive 72/ 462/EEC and Article 17 of Directive 91/495/EEC and of Directive 71/118/EEC as defined in Schedule H or, in the case of the other animals covered by these rules, under a decision taken in accordance with the procedure laid down in Article 26 of Directive 92/65/EEC, account being taken of their state of health;

(b) which, in view of their legislation and the organization of their veterinary services and inspection services, the S.L.437.98 LAID DOWN IN SPECIFIC COMMUNITY ACTS [ powers of such services and the supervision to which they are subject, have been recognized, in accordance with Article 3(2) of Directive 72/462/EEC, as capable of guaranteeing the implementation of their legislation in force;

(c) the veterinary services of which are able to guarantee that health requirements at least equivalent to those laid down in Chapter II are being complied with.

(5) The competent authority of the third country shall allow experts from the Commission and the Member States to carry out on-the-spot inspections to verify whether the guarantees given by the third country regarding the conditions of production and placing on the market can be considered equivalent to those applied in the Community. The experts from the Member States responsible for these inspections shall be appointed by the Commission acting on a proposal from the Member States. These inspections shall be made on behalf of the Community, which shall bear the cost of any expenditure in this connection.

(6) Pending the organization of the inspections referred to in sub-rule (5), national rules applicable to inspection in third countries shall continue to apply, subject to notification, through the Standing Veterinary Committee, of any failure to comply with the guarantees offered in accordance with sub-rule (3), found during these inspections.