S.L. 437.102 Art. 3Applicability.

(1) These rules shall apply to:

(a) the elimination, as far as possible, of the risk of animal disease spreading in the case of trade in semen by means of guarantees provided by third countries that animal health criteria have been fulfilled;

(b) 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 porcine animals;

(c) 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;

(d) 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 Member State of destination by an animal health certificate in order to ensure that this obligation has been fulfilled;

(e) 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;

(f) 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;

(g) 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 (f);

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

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

(j) rules and procedures concerning veterinary checks in intra-Community trade with a view to the completion of the internal market;

(k) prevent the 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 the competent authority or other competent authorities after establishing such controls in the case of internal transit; and

(l) emergency measures which should be sought and taken by the competent authority in the event of outbreaks of contagious diseases in another Member State or third country.

(2) The competent authority 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.

(3) These measures 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 terms of article 60 of the Act in addition to the application of any other administrative penalty in terms of article 61 of the Act.