Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

Republic of Latvia Cabinet Regulation No 146 Adopted 18 March 2004

Veterinary Check Procedures, which must be Complied with upon Introduction into Latvia of Animals from Third Countries

Issued pursuant to
Section 53, Paragraph one, Clauses 3 and 4 of
the Veterinary Medicine Law

I. General Provisions

1. These Regulations prescribe the veterinary check procedures, which must be complied with upon the introduction into Latvia of animals from third countries.

2. Terms used in these Regulations:

2.1. third countries - countries that are not Member States of the European Union;

2.2. documentary check - check of the veterinary (health) certificate and veterinary documents (animal passport, vaccination certificate);

2.3. identity check - a visual check in which the conformity of animals with veterinary (health) certificates and other veterinary documents is specified, as well as verification of the animal identification marks;

2.4. physical check - a check of an animal (including sampling and laboratory testing) and, where appropriate, additional checks of animals during quarantine;

2.5. [10 April 2007]

2.6. person responsible for the load - a person or his or her representative who in accordance with Council Regulation (EEC) No. 2913/92 of 12 October 1992 establishing the Community Customs Code (hereinafter - Council Regulation No. 2913/92/EEC) is responsible for the load (one species of animal, which have one veterinary (health) certificate, which are transported with one means of transport and which come from a third country or a part thereof), while they are located under customs supervision, and presents to veterinary control (physical check or administrative procedure, which is applied to animals in order to safeguard the health of the public or animals) animals, which are intended to be imported into the territory of the European Union;

2.7. [10 April 2007]

2.8. border inspection post - an inspection post located in the immediate vicinity of the external border of the territory of Member States of the European Union and which has been approved in accordance with the requirements referred to in Paragraphs 40, 41, 42 and 43 of these Regulations;

2.9. official veterinarian - veterinary expert (veterinarian) of the Sanitary Border Inspection of the Food and Veterinary Service;

2.10. competent authority - the Sanitary Border Inspection of the Food and Veterinary Service, which performs the official veterinary supervision and check; and

2.11. [10 April 2007]

2.12. [10 April 2007]

2.13. utilisation of goods recognised in customs regulations - use or utilisation of recognised customs procedures in accordance with Article 4 (15) of Council Regulation No. 2913/92/EEC.

[10 April 2007]

3. In accordance with Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC, these Regulations do not apply to the control of domestic (pet) animals.

[10 April 2007]

II. Organisation and Implementation of a Check

4. The person responsible for the load shall at least one working day in advance inform the official veterinarian at the border inspection post who is performing the official supervision and check at the relevant border inspection post through which it is planned to introduce the animals, regarding the number, species and the planned time of arrival of the animals.

5. The animals under the supervision of the Food and Veterinary Service shall be taken to the border inspection post or, where appropriate, to the quarantine centre in accordance with Paragraph 56 of these Regulations.

6. Animals may be removed from the border inspection post or the quarantine centre, provided that the following conditions have been met:

6.1. the common veterinary entry document referred to in Paragraph 31 of these Regulations or the document referred to in Sub-paragraph 48.1 of these Regulations has been issued to the consignment attesting that a check has been performed to the animal consignment in compliance with the requirements referred to in Paragraphs 8, 9, 10, 46, 47, 48, 49, 50, 51, 52, 53 and 54 of these Regulations and that the competent authority has verified the compliance of the animals with the import requirements; and

6.2. payment for the veterinary check has been made and a security deposit has been deposited for the expenses referred to in Paragraphs 60 and 66 of these Regulations.

[10 April 2007]

7. A customs official shall permit the load to be imported if, not restricting the requirements of customs regulations, proof has been submitted that the relevant veterinary check has been performed and satisfactory results have been obtained, as well the common veterinary entry document or the document referred to in Sub-paragraph 48.1 of these Regulations has been issued and payment has been made or guarantees have been provided to the competent authority that the payment for the veterinary check performed is covered or will be covered.

[10 April 2007]

7.¹ A customs official in whose territory of supervision the border inspection post is located applies to the consigned animals the utilisation of goods recognised in customs regulations in accordance with the decision indicated in the common veterinary entry document.

[10 April 2007]

8. If a consignment of animals is being introduced from a third country, irrespective of the customs destination applied to the consignment, the official veterinarian shall perform an examination at the State border crossing location of the Latvian Customs service of the consignment documents and identity as specified in the Regulations in order to verify:

8.1. the origin of the consignment;

8.2. the destination of the consignment, if animals are being taken in transit for which no import requirements have been specified in regulatory enactments or for which special requirements have been specified on the basis of the European Commission Decision in respect to the Member State of destination;

8.3. whether the information that appears on the certificates or other accompanying documents provides the guarantees specified in regulatory enactments regarding animal import requirements; and

8.4. whether the competent authority has received information regarding the prohibition to admit the consignment into the territory of the European Union by using the electronic information exchange system (Shift project) referred to in the Decision 92/438/EEC of 13 July 1992 regarding computerisation of the veterinary border check procedures (Shift project), regarding the amendment of the Directives 90/675/EEC, 91/496/EEC, 91/628/EEC and regarding the repeal of the Decision 88/192/EEC.

9. Except for the cases referred to in Paragraphs 46, 47, 48, 49, 50, 51, 52 and 53 of these Regulations, after the examination of the information in the information system referred to in Sub-paragraph 8.4 of these Regulations, the official veterinarian shall perform a physical check on the animals at the border inspection post which shall include:

9.1. a clinical examination of the animals in order to determine whether the animals conform to the information provided in the veterinary (health) certificate or veterinary documents and whether they are clinically healthy. If the regulatory enactments regarding the clinical examination of the animals provide for derogations, performance of individual clinical examination on the animals of the relevant species and categories may be omitted;

9.2. laboratory tests, which are necessary to assess conformity with the requirements of these Regulations;

9.3. sampling and examination provided for by the residue control programme within the shortest possible period of time; and

9.4. verification of compliance with the animal protection requirements during the transportation of the animals.

[10 April 2007]

10. In order to ensure further transportation and control of conformity with the requirements of the point of reception, the official veterinarian shall send the information regarding the animals and the condition thereof to the competent veterinary authority of the Member State of the European Union, using the electronic information exchange system (TRACES).

[10 April 2007]

11. If a consignment is being introduced in a port or airport within the territory of Latvia, but it is intended that it continues the journey with the same means of transport to another port or airport, the identity and physical check may be performed in such port or airport, provided that it has a border inspection post conforming to the requirements of these Regulations. In such case, the official veterinarian shall perform a documentary check and inform the relevant border inspection post of the Member State of destination regarding the consignment, using the electronic information exchange system (TRACES).

[10 April 2007]

12. The consignor or consignee shall cover the expenditure incurred by the taking of the measures referred to in Paragraphs 8 and 9 of these Regulations.

13. The documentary check shall be performed in accordance with the requirements referred to in Annex 1 to these Regulations.

14. An identity check for each animal in the consignment shall be performed, with the exception of the cases referred to in Paragraphs 15 and 16 of these Regulations.

15. If the consignment contains a large number of animals, an identity control shall be performed to at least 10% of the animals, but to not less than 10 animals from each consignment. If the results of the identity checks performed are not satisfactory, the number of the animals to be checked shall be increased (even up to 100%).

16. If a consignment contains animals, which are not marked individually, in observance of the requirements referred to in Paragraph 15 of these Regulations, the number of packages or labelling of containers shall be checked in order to get a representation regarding the conformity with the identification requirements. If the results of the initial checks are insufficient the number of packages or containers to be checked shall be increased (up to 100 %). The identity check shall include the visual inspection of animals in packages or containers in order to check whether the animal species conform to the one specified in the veterinary (health) certificate.

[10 April 2007]

17. The physical check referred to in Paragraph 9 of these Regulations shall be performed to biungulates and equidae after unloading the animals out of the means of transportation (vehicle) in the presence of the official veterinarian.

18. During the physical check, in accordance with the requirements referred to in Annex 2 to these Regulations, it shall be evaluated whether an animal is suitable for further transportation, as well as the clinical examination and sampling shall be performed.

19. The samples taken within the framework of the physical check shall be sent for an examination in the veterinary laboratory in order to assess the conformity of the animals with the information specified in the veterinary (health) certificate.

[10 April 2007]

20. The official veterinarian shall register the following information regarding each animal from which a sample has been taken:

20.1. the number of the veterinary (health) certificate and the serial number which has been assigned to the consignment by the official veterinarian;

20.2. the identification number of the animal;

20.3. the laboratory investigations required;

20.4. investigation results and additional measures taken; and

20.5. the address of the point of reception of the consignment.

[10 April 2007]

21. During the clinical examination all animals shall be visually evaluated.

22. For consignments of animals intended for breeding and the making of produce, at least 10% of the animals shall be checked but not less than 10 animals per consignment. If a consignment contains less than 10 animals, all of the animals shall be clinically examined.

23. For consignments of animals intended for slaughter at least five percent of the animals shall be checked, but not less than five animals per consignment. If a consignment contains less than five animals, a clinical examination shall be performed upon each animal.

24. If the results of the clinical examination referred to in Paragraphs 22 and 23 of these Regulations are unsatisfactory, the number of animals to be examined shall be increased (even up to 100%).

25. If the results of the laboratory investigations of the samples taken must be awaited in case potential illness is suspected, the competent authority shall intercept the consignment of animals at the border inspection post until the receipt of such results.

26. The Food and Veterinary Service shall once every six months inform the European Commission regarding the results of the laboratory investigations performed, specifying the data referred to in Paragraph 20 of these Regulations.

27. If positive laboratory investigation results have been received, the Food and Veterinary Service shall, without delay, inform (by fax) the Member State of destination and the European Commission, as well as send as soon as possible the copies of the veterinary (health) certificates to the competent authority of the European Union Member State of destination.

[10 April 2007]

28. An individual clinical examination shall not be performed upon:

28.1. birds, aquaculture animals (including fish), rodents, animals of the hare family, reptiles, amphibia, insects and other invertebrates; and

28.2. zoological and circus animals (including artiodactyles and equidaes) that are not approachable due to their aggressiveness.

29. A clinical examination upon the animals referred to in Paragraph 28 of these Regulations shall be performed by evaluating the state of health and behaviour of a group of animals or individual animals, which gives a representation of the entire consignment. If the results of the examination are unsatisfactory, the number of animals to be examined shall be increased. If departures from the norm are determined during the examination, an advanced examination shall be performed by the taking of samples.

30. If fish, crustaceans, clams and other animals intended for research establishments are transported in closed containers under controlled environmental conditions, the animals shall be clinically examined and samples shall be taken only if, taking into account the species and origin of the animals, a particular risk is present or other non-compliance in relation to the consignment have been determined.

[10 April 2007]

31. If the animals for which import requirements have been specified in regulatory enactments are being entered through a Latvian border inspection post but the consignee thereof is another Member State, the official veterinarian shall issue to the person responsible for the consignment certified copies of the veterinary (health) certificate or another veterinary document (if the consignment is being divided - the corresponding number of copies), and the common veterinary entry document, specifying on the documents referred to the serial number assigned to the consignment at the border inspection post.

[10 April 2007]

32. The border-crossing certificate shall attest that the control measures referred to in Paragraph 8, as well as in Sub-paragraphs 9.1, 9.2 and 9.4 of these Regulations have been performed and they have had satisfactory results. The border-crossing certificate shall specify for what examinations the samples were taken, what were the examination results, or when the examination results are expected.

33. The competent authority at the relevant border inspection post shall keep the originals of the veterinary (health) certificate and a copy of the common veterinary entry document in conformity with the requirements, which are specified in Commission Regulation (EC) No. 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community.

[10 April 2007]

34. The official veterinarian at the border inspection post shall, in respect to each consignment, register and store the following information:

34.1. the serial number of the common veterinary entry document assigned to the consignment at the border inspection post;

34.2. the date on which the consignment entered the border inspection post;

34.3. the amount of the consignment;

34.4. the species, purpose of use and, where necessary, the age of the animals;

34.5. the number of the veterinary (health) certificate of the consignment;

34.6. the country of origin of the consignment;

34.7. the Member State of destination;

34.8. the decision taken in relation to the consignment; and

34.9. information regarding the sampling.

[10 April 2007]

35. If equidae are being introduced which have been registered in accordance with the procedures specified in regulatory enactments, the original of the identification document of the animal shall not be kept at a border inspection post. If the animals referred to are being introduced for a certain period of time the original of the veterinary border point certificate shall also not be kept at a border inspection post.

36. If horses for slaughter are entering, the veterinary (health) certificate and the common veterinary entry document shall remain with the load until it reaches the slaughterhouse.

[10 April 2007]

37. If a load has not been permitted to enter into the territory of the European Union, the official veterinarian shall stamp the veterinary (health) certificate with a red seal with the inscription "REJECTED".

[10 April 2007]

38. The competent authority shall keep at the border inspection post the registers referred to in Paragraphs 20 and 34 of these Regulations for at least three years.

[10 April 2007]

39. It is prohibited to introduce the consignment into the territory of Latvia if the results of the check attest that:

39.1. the animals for the introduction of which requirements are specified in regulatory enactments are introduced from a third country or part of the third country which is not included in the list of countries and territories approved by the European Commission from which the introduction of animals of the relevant species is permitted or from which, in accordance with the decision of the European Commission, the introduction of such animals is prohibited;

39.2. the animals fail to conform to the requirements of Latvia;

39.3. the animals are suffering from an infectious disease or are suspected to be suffering from an infectious or other disease or a risk to public health or animal health is present, or any other restrictions specified in regulatory enactments are present;

39.4. the exporting third country has not complied with the requirements of regulatory enactments for the introduction of animals;

39.5. the state of health of the animals is not appropriate for the further transportation thereof; and

39.6. the veterinary (health) certificate or other veterinary (health) certificate does not conform to the requirements specified in the regulatory enactments on introduction conditions.

[10 April 2007]

40. The veterinary border inspection post shall be:

40.1. located at the point of entry in one of the territories of a Member State of the European Union. If there are geographical constraints the border inspection post may be located at another place, provided that this place is within a sufficient distance from the holdings or places where animals likely to be infected by infectious diseases are kept;

40.2. located in a customs area thus providing opportunity to perform other formalities relating to the consignment (including customs formalities);

40.3. designated and approved in accordance with the requirements of these Regulations; and

40.4. placed under the supervision of the official veterinarian who shall take the control measures provided for by these Regulations and be responsible for updating the database of the electronic information exchange system (Shift project). The official veterinarian may be assisted by technical staff trained for this purpose which shall work under the supervision of the official veterinarian; and

40.5. in compliance with the requirements referred to in Annex 3 to these Regulations.

41. The consignments subject to the veterinary control may be introduced through the border inspection posts included in the list of the approved border inspection posts, which has been published in the Official Journal of the European Communities.

42. The Food and Veterinary Service shall assess the conformity of a border inspection post with the requirements of these Regulations and submit to the European Commission a proposal to approve the border inspection post in question and to include such in the list of the approved border inspection posts.

43. The experts of the European Commission in co-operation with the Food and Veterinary Service shall evaluate the border inspection post and submit the evaluation to the Standing Committee on the Food Chain and Animal Health. The standing Committee on the Food Chain and Animal Health shall take a decision regarding approval of the border inspection post.

44. After the veterinary control of animals and admission of the consignment into the territory of the European Union through a Latvian border inspection post, further control of the animals which are not intended to be distributed in Latvia shall be performed in accordance with the requirements specified in regulatory enactments regarding the procedures of the veterinary control in trade in animals between Member States.

45. The country of destination of the consignment of animals shall, using the electronic information exchange system, provide information specifying that:

45.1. the animals are intended for a Member State or territory with specific requirements; and

45.2. samples have been taken and that the results are not yet known at the time the consignment leaves the border inspection post.

46. If the animals for the trade in which no requirements are specified in regulatory enactments are being introduced through a Latvian border inspection post and the Member State of destination thereof is Latvia, the control of the consignment shall be performed in accordance with the requirements referred to in Paragraphs 8, 9, 10 and 11 of these Regulations.

47. If the animals for the trade in which no requirements are specified in regulatory enactments are being introduced through a Latvian border inspection post but the Member State of destination thereof is another country:

47.1. the Food and Veterinary Service and the Member State of destination may agree upon the performance of all the control measures referred to in Paragraphs 8, 9, 10 and 11 at the border inspection post in order to verify that the animals comply with the requirements of the Member State of destination; and

47.2. the Food and Veterinary Service, Member State of destination and, where necessary, the Member States through which the animals are being transited may agree that the control measures referred to in Paragraph 8 of these Regulations shall be performed at a border inspection post, but the control measures referred to in Paragraphs 9 and 10 of these Regulations shall be performed in the territory of the Member State of destination.

48. Applying the procedures referred to in Sub-paragraph 47.2 of these Regulations, after the documentary and identity control the consignment of animals may leave a border inspection post in a vehicle for which customs security has been provided, if the official veterinarian has:

48.1. noted on a copy (if the consignment is divided - on copies) of the veterinary (health) certificate or other veterinary document that the control measures referred to in Paragraph 8 of these Regulations have been performed;

48.2. by using the electronic information exchange system (TRACES), informed the competent veterinary institution of the Member State of destination and transit Member State of the European Union that the consignment of animals has been introduced through a border inspection post; and

48.3. informed the customs authority of the border inspection post that the requirements referred to in Paragraph 6 of these Regulations need not be applied to the consignment.

[10 April 2007]

49. If the animals referred to in Paragraph 47 of these Regulations are intended for slaughter, the procedures referred to in Sub-paragraph 47.1 of these Regulations shall be applied.

50. The Food and Veterinary Service shall inform the European Commission and other Member States at the meeting of the Standing Committee on the Food Chain and Animal Health regarding the cases where the procedures referred to in Sub-paragraph 47.2 have been applied.

51. The animals for the trade in which requirements are specified in regulatory enactments but which are introduced from third countries shall be introduced in compliance with the following requirements:

51.1. the animals have remained in the territory of the third country of dispatch for a period specified in regulatory enactments regarding veterinary inspections for bovines, swine and fresh meat (which are implementing Article 10 of the Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon introduction of bovine, swine and fresh meat from third countries);

51.2. the control measures referred to in Paragraphs 8, 9, 10 and 11 of these Regulations have been performed upon the consignment of animals;

51.3. the animals shall be displaced from the border inspection post or the quarantine centre if the control results show that the animal or the consignment of animals complies with the health requirements specified in regulatory enactments regarding veterinary and zootechnical checks for bovines, swine and fresh meat (which are implementing the regulatory enactments referred to in Annex A to the Council Directive of 26 June 1990 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 (hereinafter - Directive - 90/425) and the requirements specified in the regulatory enactments regarding veterinary inspections for bovines, swine and fresh meat (which are implementing Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon introduction of bovine, swine and fresh meat from third countries), or in relation to certain animal diseases - with the equivalence requirements between the third country and the European Union.

51.4. the consignment of animals intended for a Member State to which special guarantees have been afforded in accordance with regulatory enactments regarding veterinary and zootechnical checks in trade with European Union Member States (which implement the requirements referred to in Article 3 (1) (e) (iii) of the Directive 90/425), conform with the requirements specified in Regulatory enactments; and

51.5. the animals intended for slaughter are delivered to the slaughterhouse but the animals intended for breeding or production of products and aquaculture animals - to the establishment of destination thereof.

52. If the results of the control measures referred to in Paragraphs 46, 47, 48, 49, 50 and 51 of these Regulations show that an animal or a consignment of animals fails to comply with the requirements referred to in these Regulations, the animal or the consignment of animals may not leave the border inspection post or the quarantine centre, and the procedures referred to in Paragraphs 62, 63, 64, 65, 66 and 67 shall be applied.

53. If the animals for the trade in which no requirements have been specified in regulatory enactments are introduced through a Latvian border inspection post, but the consignee thereof is another Member State, the official veterinarian shall issue to the person responsible for the consignment the common veterinary entry document referred to in Paragraph 31 of these Regulations.

[10 April 2007]

54. Transit from one third country to another third country is permitted provided that the following requirements are complied with:

54.1. a permit for the transit has been previously received from the border inspection post at which the control measures referred to in Paragraphs 8, 9, 10 and 11 of these Regulations must be performed and, where necessary, from the competent authority of the Member State through which the consignment is to be transited;

54.2. the person responsible for the consignment can prove to the competent authority that the first third country to which the animals are being transported undertakes to admit the consignment and not to send back the animals for the introduction or transit of which it has issued a permit, as well as undertakes to comply with the requirements for the protection of animals during transportation in the territory of the Member State;

54.3. the results of the control measures (where necessary, after the stay of the animals in the quarantine centre) referred to in Paragraphs 8, 9, 10 and 11 of these Regulations show that the animals comply with the requirements of these Regulations or, if the animals of the relevant species have been referred to in the regulatory enactments regarding veterinary and zootechnical checks in trade with the Member States of the European Union (which implement the requirements referred to in Annex A to the Directive 90/425) - with the guarantees the European Commission has approved as an equivalent to the requirements of these Regulations;

54.4. the official veterinarian, using the electronic information exchange system (TRACES) notifies regarding the consignment of animals the competent authorities of those Member States of the European Union through which the transit of the consignment is intended and to the relevant border inspection post through which the consignment is intended to be exported from the territory of the European Union; and

54.5. the consignment is being transported through the territory of Latvia in accordance with the customs transit procedure (external transit) and any operations with the consignment may be performed only at the border inspection post through which the consignment is being introduced into or exported from the territory of the European Union, as well as the compliance with the animals' welfare has been ensured.

[10 April 2007]

55. The expenditures related to the activities referred to in Paragraph 54 of these Regulations shall be covered by the consignor, consignee or a person authorised thereby, and the payment made shall not be compensated from the state budget of the Republic of Latvia.

56. Where the isolation or placement of animals in a quarantine centre is required the animals shall be isolated or placed at:

56.1. such quarantine centres in a third country, which has been approved and is inspected on a regular basis by the European Commission (except for cases where the isolation or placement of animals at a quarantine centre is related to foot-and-mouth disease, rabies and Newcastle disease);

56.2. a quarantine centre in the territory of a Member State; and

56.3. the establishment of the consignee.

57. If the Food and Veterinary Service determines that quarantine is necessary, depending on the risk factor diagnosed, it shall be carried out:

57.1. at the border inspection post or in its immediate vicinity;

57.2. at the establishment of destination; or

57.3. at a quarantine centre situated in the vicinity of the establishment of destination.

58. The quarantine centre (except where it is intended only for animals for the trade in which no requirements have been specified in regulatory enactments) shall:

58.1. conform with the requirements referred to in Paragraphs 2, 4, 5, 7, 9 and 10 of Annex 3 to these Regulations; and

58.2. be approved by the European Commission and included in the list of approved quarantine centres.

59. The conformity of quarantine centres prior to the inclusion thereof in the list referred to in Sub-paragraph 58.2 of these Regulations shall be evaluated by experts of the European Commission.

60. Expenditures related to the isolation or quarantine of animals shall be covered by the consignor or consignee and the payment made shall not be compensated from the state budget of the Republic of Latvia.

61. Should there be doubts regarding the compliance of the veterinary requirements or the identity of animals, the Food and Veterinary Service shall, in addition to the control measures specified in these Regulations perform other requirements specified in regulatory enactments which are necessary in order to verify the conformity of the consignment with the requirements of regulatory enactments.

62. If the results of the control measures specified in these Regulations show that the animals do not conform with the requirements which are specified in the regulatory enactments regarding the trade in or introduction of animals, or another violation has occurred in relation to the introduction of animals, the Food and Veterinary Service shall after consultation with the person responsible for the load of animals or the representative thereof take one of the following decisions:

62.1. to shelter, feed and water and, if necessary, treat the animals;

62.2. to isolate the animals or place them in quarantine; or

62.3. to export the consignment from the territory of the European Union and send it back, if it is not contrary to the requirements of animal health or welfare.

[10 April 2007]

63. If the consignment is re-dispatched without being admitted into the territory of the European Union, the Food and Veterinary Service shall:

63.1. enter the information regarding the re-dispatched consignment into the electronic information exchange system (Shift project); and

63.2. cancel the veterinary (health) certificates and other veterinary documents.

[10 April 2007]

64. If in accordance with the requirements of animal welfare it is impossible to dispatch the consignment, the Food and Veterinary Service shall, taking into account the results of the ante-mortem inspection, authorise the slaughter of the animals for human consumption or, where this is impossible, for the use for other purposes or for the destruction of the carcasses, concurrently specifying control measures for the obtained products.

65. The Food and Veterinary Service shall inform the European Commission regarding cases where Paragraph 64 of these Regulations is applied.

66. The person responsible for the load or representative thereof shall cover the expenditures related to the measures referred to in Paragraphs 62, 63, 64 and 65 of these Regulations (including destruction of the consignment or the use of the meat for other purposes). Income from the marketing of the obtained products after the deduction of expenditures shall be handed over to the owner of the animals or to the representative thereof.

[10 April 2007]

67. The Food and Veterinary Service shall issue to the competent authorities of other Member States and to the European Commission the information at its disposal, which is necessary for the correct application of regulatory enactments regulating veterinary and zootechnical matters.

68. In order to perform the control in the trade in animals with the Member States of the European Union referred to in Paragraph 44 of these Regulations, the introduced animals (except for animals intended for slaughter and registered equidae) shall be identified and registered at the place of receipt thereof in compliance with the regulatory enactments regarding veterinary and zootechnical checks in trade with the Member States of the European Union (implementing the requirements referred to in Annex 3.1 (C) of Directive 90/425).

69. When introducing animals, the person responsible for the load shall cover expenditures for the implementation of the residue control programme depending on the species and number of the introduced animals.

[10 April 2007]

70. The number of identity and physical checks (except for checks of compliance with welfare requirements) may be reduced in cases specified by the European Commission and on the basis of a mutual agreement regarding application of similar control measures with the country from which the animals are being introduced.

71. The Food and Veterinary Service shall inform the person responsible for the load regarding the decisions taken in relation to animals.

[10 April 2007]

72. If in any of the third countries illness of animals is determined with any of the diseases referred to in Annex 4 to these Regulations, zoonosis or other infectious disease, or there is suspicion that the animals may have become ill with such disease or other factors exist which present a threat to the public and animal health, the Food and Veterinary Service may propose to the European Commission:

72.1. to prohibit the introduction of animals from the relevant country and, if necessary, the transit of animals as well; and

72.2. to determine special conditions for the introduction of animals from the relevant country.

73. If the results of any of the control measures referred to in these Regulations show that the consignment of animals presents a threat to the public or animal health, the Food and Veterinary Service shall without delay take the following measures:

73.1. confiscate and destroy the consignment; and

73.2. using the electronic information exchange system (Shift project), inform the border inspection posts and the European Commission regarding the facts established and the origin of the animals.

74. If the Food and Veterinary Service has informed the European Commission regarding the case referred to in Paragraph 72 of these Regulations, but the European Commission has not specified common safeguard measures or has submitted this matter to the Standing Committee on the Food Chain and Animal Health, the Food and Veterinary Service may specify interim safeguard measures, informing other Member States and the European Commission thereof.

75. The Food and Veterinary Service shall provide the assistance necessary to the European Commission experts who assess the conformity of border inspection posts and quarantine centres.

76. The Food and Veterinary Service shall, if necessary, together with the competent authority of the relevant Member State consider what measures are necessary in order to prevent violations and shall visit the border inspection post of the relevant Member State.

77. The Food and Veterinary Service may propose to the European Commission to specify measures for improving the situation and to the relevant Member State to strengthen the control measures at the border inspection posts, as well as to strengthen control in relation to the animals, which have been introduced through such border inspection posts.

III. Closing Provisions

78. These Regulations shall come into force on 1 May 2004.

Informative Reference to European Union Directives

These Regulations contain legal provisions arising from Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC.

Acting for the Prime Minister,
Deputy Prime Minister A Šlesers

Minister for Agriculture M. Roze

 

Annex 1
Cabinet Regulation No. 146
18 March 2004

Documentary Check on Animals Introduced from Third Countries

1. Each veterinary (health) certificate that has been attached to the consignment of the animals originating in a third country shall be examined by the Food and Veterinary Service in order to confirm that:

1.1. it is an original certificate, which has been drawn up in the language of the country of origin and in at least one of the official languages of the Member State of the border inspection post and the Member State of destination;

1.2. the third country or a part of the third country has been referred to therein from which export to the European Union is allowed;

1.3. the appearance and contents thereof comply with the model, which has been specified for the introduction of animals from the relevant third country;

1.4. it consists of one piece of paper;

1.5. it is fully completed;

1.6. the date of issue thereof conforms with the date of loading of the animals for dispatch to the European Union;

1.7. it is intended only for one consignee;

1.8. it has been signed by the official veterinarian of the relevant country (in some cases - by another competent authority of the relevant country), his or her surname and position shall be written in block letters and be legible, as well as the official seal and the signature of the official veterinarian of the third country shall be in a colour different from the printing ink of the certificate; and

1.9. no corrections have been made therein, except deletions, which have been signed and sealed by the person who issued the certificate.

[10 April 2007]

2. The Food and Veterinary Service shall examine the written confirmation and the route plan from the external border of the European Union to the destination, which shall be ensured by the carrier of the animals in accordance with the requirements of regulatory enactments regarding the protection of animals during transportation. The written confirmation and the route plan shall be drawn up in at least one of the official languages of the Member States of the location of the border inspection post, and of the Member State of destination.

Minister for Agriculture M. Roze

 

Annex 2
Cabinet Regulation No. 146
18 March 2004

Physical Check for Artiodactyles and Equidae

1. Clinical examination shall include:

1.1. visual inspection of an animal, assessing the general state of health of the animal, its ability to move freely, the state of skin and mucous membranes and any abnormal excretions;

1.2. control of the respiratory and digestive systems;

1.3. measuring of body temperature by sampling. It shall not be performed upon animals during the inspection of which, in accordance with Sub-paragraphs 1.1 and 1.2 of this Annex no deviations from the norm have been discovered; and

1.4. palpation. The performance of palpation shall be required only if, in accordance with Paragraphs 1, 2 and 3 of this Annex deviations from the norm have been discovered.

2. In addition to the clinical examination:

2.1. the suitability of an animal for further transportation shall be evaluated. When performing this evaluation the length of the way completed (including feeding, watering and resting), as well as the way which still is to be completed (including feeding, watering and resting, which is intended for the period of the remaining trip); and

2.2. it shall be examined whether the means for transporting the animals conform to the requirements of the regulatory enactments regarding the protection of animals during transportation.

3. During a physical check samples shall be taken in order to examine the conformity of an animal with the health requirements specified in the veterinary (health) certificate.

[10 April 2007]

4. Samples for the serological examination shall be taken from at least three per cent of the consignments. The samples shall be taken from at least 10 % of the animals of the consignment and from not less than four animals. If problems are determined the range of the sampling shall be increased.

5. The official veterinarian may also take other samples, which are necessary in order to check the conformity of animals with the requirements of the Regulations.

Minister for Agriculture M. Roze

 

Annex 3
Cabinet Regulation No. 146
18 March 2004

General Requirements for Approval of a Border Inspection Post

In order for a border inspection post to be approved it must comply with the following requirements:

1. There shall be a special access lane for vehicles carrying live animals to spare the animals any unnecessary extra waiting time.

2. There shall be facilities at the border inspection post which shall be easy to clean and disinfect for loading animals into and unloading them out of various means of transport, as well as the inspection, feeding, watering and treatment of animals and with adequate space, lighting and ventilation for the number of animals to be inspected.

3. Taking into account the number of the animals which arrive at the border inspection post, it shall have a sufficient number of veterinarians and assistants thereto who are specially trained in order to perform examination of the accompanying documents and clinical checks which are referred to in Paragraphs 8, 9, 10, 11, 12, 40, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54 and 55 of these Regulations.

4. There shall be sufficiently large premises at the border inspection post (including changing rooms, showers and toilets) for the staff responsible for veterinary control.

5. There shall be appropriate premises at the border inspection post for the taking and processing of samples.

6. The services of such laboratory shall be available at the border inspection post, which is able to perform examination of the samples taken at the border inspection post.

7. The border inspection post shall have services available of such establishment in the vicinity thereof which has facilities and equipment to house, feed, water, treat and, if necessary, slaughter the animals.

8. If a border inspection post serves as a stopping or transfer (resting) point for animals during transportation, it shall be equipped with suitable facilities for the animals to be unloaded, watered, fed, properly housed and treated or, if necessary, to be slaughtered.

9. There shall be appropriate equipment at the border inspection post which shall permit rapid exchange of information with other border inspection posts and the competent veterinary authorities referred to in regulatory enactments regarding veterinary and zootechnical checks in trade with Member States of the European Union which are implementing the requirements referred to in the Council Directive of 26 June 1990 90/425/EEC 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.

10. There shall be equipment and facilities at the border inspection post for cleaning and disinfecting.

Minister for Agriculture M. Roze

 

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Translation © 2008 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)