Animals and germinal products from animals
The Swedish Board of Agriculture’s Regulations on permits for the entry of certain animals and certain germinal products from third countries; (SJVFS Technical Regulation)
The regulatory proposal contains implementing rules for entry from third countries of certain animal species and certain germinal products not covered by Commission Delegated Regulation (EU) 2020/692.
Regulation (EU) 2016/429 of the European Parliament and of the Council will be directly applicable in Sweden as of 21 April 2021. As a member of the EU, Sweden has an obligation to comply with EU law and thus has limited national flexibility with regard to the scope and content of our national regulations.
With regard to Sweden’s current implementing rules for the entry of animals and germinal products, provisions can be found in the Swedish Board of Agriculture’s Regulations (SJVFS 1996:24) on entry of animals, semen, eggs and embryos. That statute will be repealed as it contains provisions that are not compatible with the EU Animal Health Regulation.
Article 234(3) of Regulation (EU) 2016/429 states that, pending the adoption by the Commission of delegated acts laying down animal health requirements for certain animal species and certain germinal products, Member States may apply national rules under certain conditions. The Commission Delegated Regulation (EU) 2020/692 lays down animal health requirements for multiple animal species and certain germinal products.
The proposed regulation therefore only includes provisions on entry of such animal species and germinal products not listed in the Commission Delegated Regulation.
With regard to § 9 of the proposal, requirements are set for entry of semen from dogs, especially with regard to the contagious disease Brucella canis. The reason is that this disease poses a significant risk to dogs and must be controlled. The disease is not a listed disease in Regulation (EU) 2020/692 and Article 171 of Regulation (EU) 2016/429 states that a Member State may take national measures to control such a disease. This is provided that these measures do not prevent the movement of animals and products between Member States and that the measures do not go beyond what is appropriate and necessary in order to control that disease.
§ 10 addresses herds that have bovine, ovine, caprine, porcine, camelid and cervid animals and certain other ungulates, that bring in such animals from third countries. The regulation means that operators bringing in animals from third countries and putting them together with other animals in their own herd must not send any animals from their herd to other herds in Sweden until at least 30 days after arrival at the establishment. In accordance with Article 10 of Commission Delegated Regulation (EU) 2020/688, this period of time applies to such animals that will be moved to another Member State. We consider that equivalent requirements, supported by Article 170 of Regulation (EU) 2016/429 should also apply in the case of movement of such animals between different establishments within Sweden.