S.L. 437.99 ст. 3Applicability. 4 [ 5

(1) These rules shall apply to: S.L.437.99 ANIMALS OF THE BOVINE SPECIES

(a) national animal health provisions governing intra-Community trade in animals and animal products, in order to create a harmonized system for intra-Community trade and imports into the Community of semen of bovine animals;

(b) intra-Community trade in semen, whereby the competent authority ensures that semen has been collected and processed at approved and supervised semen collection centres, and that it has been obtained from animals whose health status is such as to ensure that the risk of spread of animal diseases is eliminated;

(c) semen which has been collected, processed, stored and transported in accordance with rules which preserve its health status and is accompanied during transport to the country or member state of destination by an animal health certificate in order to ensure that this obligation has been fulfilled;

(d) policies pursued within the Community with regard to vaccination against certain diseases, authorising the competent authority, in respect of certain diseases, to impose the requirement of additional protection against those diseases;

(e) imports of semen into the Community from third countries whereby a list of third countries should be drawn up taking into account animal health criteria;

(f) authorisation by the competent authority to the importation of semen only from semen collection centres which reach certain standards and which are officially supervised without prejudice to the list mentioned in paragraph (e);

(g) specific animal health conditions in respect of countries on such list which should be laid down according to circumstances;

(h) the verification of compliance with the standards mentioned in paragraph (f), by means of on-spot checks which may be carried out;

(i) the procedure which should be provided for the purpose of settling of disputes which may arise between Member States as to whether approval of a collection centre is justified; and

(j) the prevention of transmission of certain contagious diseases, whereby import controls should be carried out when a consignment of semen arrives and is placed on the market of the Community, and the measures to be taken by Member States after such controls have been defined, in case of internal transit.

(2) The competent authority shall take emergency measures in the event of an outbreak of a contagious disease in another Member State or in a third country, which in case of internal transit such S.L.437.99 ANIMALS OF THE BOVINE SPECIES [ measures which shall be defined, and shall assess the dangers associated with such diseases and the protective measures required in this regard, in conformity with the procedure mentioned in the definition "Standing Committee on the Food Chain and Animal Health" or "the Committee" defined under rule 2(2).

(3) The competent authority may refuse a consignment of semen where it has been established that it does not comply with the provisions of these rules, and return such semen, if this is not contrary to considerations of animal health, and if the consignor or his representative so requests, it shall give a reasoned opinion to such consignor or his representative for such prohibition or restriction and the consignor or his representative shall be allowed to obtain the opinion of an expert.

(4) The Director shall apply all such necessary administrative measures conforming to the requirements of the Standing Committee on the Food Chain and Animal Health according to the requirements of these rules, to ensure that there is no breach of these rules and also to reduce the risk for final consumers and any additional risk to animals and to the environment.

(5) These measures shall include the direct confiscation of the product, the suspension of the activities carried out by the authorised provider when these are creating a risk to final consumers and to the environment, and the forfeiture of any authorisation, licence or permit in addition to the application of any other administrative penalty in terms of article 61 of the Act.