REGULATION NO. 2000/69
UNMIK/REG/2000/69
30 December 2000
The Special Representative of the Secretary-General,
Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,
Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo and UNMIK Regulation No. 2000/27 of 28 April 2000 on the Establishment of the Administrative Department of Agriculture, Forestry and Rural Development,
For the purpose of monitoring and regulating the importation of live animals into Kosovo,
Hereby promulgates the following:
Section 1
For the
purposes of the present regulation:
(a) "Importation" shall include the introduction of live animals into
Kosovo through another part of the Federal Republic of Yugoslavia;
(b) "Importer" shall mean a person or entity who has been granted a
licence for the importation of live animals by the Animal Health and Production
Division;
(c) "Live animals" shall mean animals kept for breeding, production
of food, wool, skin or fur, or for other farming purposes, including draft
animals;
(d) "The Animal Health and Production Division" (hereinafter
"the Division") shall mean the division within the Administrative
Department of Agriculture, Forestry and Rural Development (hereinafter
"the Department") responsible for regulating and supervising the
importation of live animals into Kosovo;
(e) "Animal Health Office" shall mean the office within the Division
responsible for supervising the inspection of live animals, including ensuring
that consignments comply with the requirements of the present regulation;
(f) "Veterinary Certificate" shall mean the document issued by a
qualified and authorized veterinarian that contains information on the origin
and identity of the live animals and may also include assurances as to their
condition of health;
(g) "Consignment" shall mean a number of live animals being imported
together and which are covered by the same veterinary certificate;
(h) "Illegal Consignment" shall mean the consignments described in
section 7.1 below;
(i) "Border Crossing" shall mean a border
crossing between Kosovo and a country other than the Federal Republic of
Yugoslavia;
(j) "Boundary Crossing" shall mean a
boundary crossing between Kosovo and another part of the Federal Republic of
Yugoslavia;
(k) "Border/Boundary Inspection Post" shall mean the designated point
of arrival in Kosovo where the consignment is subject to inspection by a
qualified and authorized Veterinary Inspector;
(l) "Border/Boundary Crossing Certificate"
shall mean the certificate issued by a Veterinary Inspector confirming that the
consignment meets the conditions of import and authorizing the transportation
of the animals to the holding station;
(m) "Veterinary Inspector" shall mean a qualified veterinarian
appointed or authorized by the Department to verify the compliance of the
consignment with the Animal Health Code of the Office International des
Epizooties (OIE) and European Union regulations on welfare of animals during
transportation and other applicable laws relating to the importation of live
animals into Kosovo;
(n) "Farm" shall mean any holding area on which live animals are kept
for the purpose of breeding, production, raising or fattening;
(o) "Holding Station" shall mean any establishment, construction or,
in the case of an open air farm, any place in Kosovo in which live animals are
temporary held, kept or handled; and
(p) "Keeper" shall mean any authorized person responsible for the
consignment, whether on a permanent or temporary basis, including during
transportation or at a market. A person whose responsibility is limited to
transportation of a consignment of animals shall not be considered a keeper of
the live animals in question.
Section 2
2.1 Any person or entity who wishes to import
live animals into Kosovo shall first apply for an import licence from the
Division.
2.2 An application for an import licence shall
be submitted on the form attached as Annex 1 to the present regulation. A duly
completed application shall be submitted to the Division not less than eight
(8) days prior to the intended date of importation into Kosovo.
2.3 An application shall be accompanied by an
original veterinary certificate which shall be:
(a) Signed and dated by an official veterinarian of the veterinary authority of
the country of export;
(b) Printed in the language of the veterinarian signing it and, if in a
language other than English, accompanied by an official English translation;
and
(c) Issued for a single consignment and valid for a period of ten (10) days
from the date of the veterinary health examination of the animals referred to
therein.
2.4 In addition to the veterinary certificate
referred to in section 2.3 above, an application shall be accompanied by a
confirmation that the consignment satisfies the requirements of the International
Zoosanitary Code of the Office International des Epizooties (OIE) and European
Union Regulations on the importation of live animals, as well as, the
requirements of the Department for each specific type of animal that shall be
set forth in administrative directions.
2.5 Where an application satisfies the critera
set out in sections 2.3 and 2.4 above, the Division shall promptly issue a
licence to the applicant for the importation of the consignment of live animals
described in the application.
2.6 The Division shall charge a fee of fifty
(50) DEM for the issuance of a licence.
The revenue derived from the issuance of import licences shall be
deposited into the Kosovo Consolidated Fund.
Section 3
3.1 Upon the issuance of an import licence, the
Division shall inform the relevant border/boundary inspection post at which the
consignment will arrive, furnishing a copy of the application and the licence
indicating the intended date of import into Kosovo.
3.2 The importer shall confirm the date of
importation in writing to the relevant border/boundary inspection post not less
than forty-eight (48) hours in advance of the intended date of
importation. The notification shall
specify the nature of the consignment, the number of live animals involved and
the estimated time of arrival. In the event of a cancellation or change in the
date of importation, the importer shall be required to provide timely
notification in writing to the Division and the relevant border/boundary post
of such cancellation or change.
3.3 Each border/boundary inspection post shall
operate under the authority of a qualified and authorized Veterinary Inspector
who shall be present at the border/boundary inspection post for veterinary checks
of consignments.
3.4 The Veterinary Inspector may be assisted by
specially trained assistants acting under his/her authority and supervision.
Section 4
4.1 For the purposes of the present regulation,
the officially designated border crossings shall be:
(a) Hani i Elezit/Djeneral Jankovic;
(b) Vrbnica/Vermice; and
(c) Pristina Airport.
4.2 For the purposes of the present regulation,
the officially designated boundary crossings shall be:
(a) Kula Pass (NNW Peja/Pec); and
(b) Mucibaba (SSE of Kamenica).
4.3 Consignments of live animals shall be
permitted to enter Kosovo only through the above-mentioned border/boundary
crossings that shall be operational daily from 08.00 until 20.00 hours.
Section 5
5.1 The Veterinary Inspector on duty shall not
be required to inspect a consignment for which prior notice was not given.
5.2 Veterinary inspections shall be carried out
only between 08.00 and 20.00 hours.
5.3 On arrival at the border/boundary crossing,
the importer shall present to the Veterinary Inspector, the licence issued by
the Division and the veterinary certificate issued by an official veterinarian
of the country of export or origin, as well as, the documents evidencing the
importer's compliance with the requirements of importation applicable to the
type of animal(s) being imported.
5.4 The consignment shall be subject to
documentary and identity checks, and physical examination. The Veterinary
Inspector shall confirm that the consignment conforms to the description of the
consignment in the licence and that it complies with the requirements of the
Animal Health Code of the Office International des Epizooties (OIE) and
European Union regulations on welfare of animals during transportation.
5.5 The consignment shall not be permitted to
enter Kosovo without a Border/Boundary Crossing Certificate issued by the
Veterinary Inspector confirming that:
(a) The veterinary checks have been completed;
(b) The consignment meets the importation requirements; and
(c) The transportation of the consignment to the holding station or the
designated slaughterhouse is authorized.
Section 6
6.1 Subsequent to the issuance of a
Border/Boundary Crossing Certificate, each consignment shall be transported to
the holding station indicated on the relevant import licence application
submitted by the importer and subsequently authorized by the Division. The
Division shall make appropriate monitoring arrangements to obtain confirmation
that the consignment is taken to the designated holding station.
6.2 At the holding station, the animals shall
be kept in isolation and observed for a period of twenty-eight (28) days for
signs of injury or disease by a qualified and authorized veterinarian of that
municipality. During this period, each consignment shall be kept separately from
any and all other consignments. No animal from a consignment shall be separated
from the consignment prior to the end of the isolation period.
6.3 Where, following the end of the isolation
period, the veterinarian determines that the health condition of the entire
consignment is satisfactory and meets all the requirements, he/she shall issue
a veterinary certificate of good health to the importer. No further observation shall be necessary
and the consignment shall be released.
6.4 Where the live animals are for slaughter,
they shall not be kept in isolation but shall be transported directly from the
border/boundary crossing point to the designated slaughter house where they
shall be inspected by a qualified and authorized veterinarian of that municipality
and, if found to be in satisfactory health condition, authorization for
slaughter shall be granted.
6.5 Where the live animals are destined for
fattening prior to slaughter, sections 6.1, 6.2 and 6.3 above shall apply.
Section 7
7.1 For the purposes of the present regulation,
a consignment of live animals shall be considered illegal if:
(a) No notification of importation of the
consignment has been given by the importer pursuant to section 3.2 above;
(b) The consignment is not in conformity with
the veterinary certificate submitted at the time of application for licence
pursuant to section 2.3 above;
(c) The consignment is not accompanied by an
import licence issued by the Division pursuant to section 2.5 above;
(d) The consignment is taken to a destination
other than that indicated on the licence;
(e) The consignment is moved from the holding
station without the prior approval of a qualified and authorized veterinarian
of the municipality;
(f) The live animals comprising the
consignment show signs of disease on arrival or shortly thereafter;
(g) The route plan or transport certificate accompanying the consignment has not been adhered to; and
(h) The vehicles and containers used for the transportation of the animals have not been cleansed and disinfected immediately following use.
7.2 The Veterinary Inspector who determines
that a consignment is illegal may order the isolation, testing,
slaughter/destruction or re-export of that consignment.
7.3 The full costs of any action taken in
relation to an illegal consignment shall be borne by the importer or its
representative.
Section 8
8.1 The Office shall levy fees for the
inspection of live animals imported into Kosovo. Such fees shall be set forth
in administrative directions for each specific type of live animal.
8.2 Revenue derived from inspection fees shall
be deposited into the Kosovo Consolidated Fund.
Section 9
The Special
Representative of the Secretary-General may issue administrative directions for
the implementation of the present regulation.
Section 10
The present
regulation shall supersede any provision in the applicable law which is
inconsistent with it.
Section 11
The present
regulation shall enter into force on 30 December 2000.
Bernard Kouchner
Special
Representative of the Secretary-General