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Document 32021R1178
Commission Implementing Regulation (EU) 2021/1178 of 16 July 2021 amending certain Annexes to Implementing Regulation (EU) 2021/404 as regards certain lists of third countries authorised for the entry into the Union of animals, germinal products and products of animal origin (Text with EEA relevance)
Commission Implementing Regulation (EU) 2021/1178 of 16 July 2021 amending certain Annexes to Implementing Regulation (EU) 2021/404 as regards certain lists of third countries authorised for the entry into the Union of animals, germinal products and products of animal origin (Text with EEA relevance)
Commission Implementing Regulation (EU) 2021/1178 of 16 July 2021 amending certain Annexes to Implementing Regulation (EU) 2021/404 as regards certain lists of third countries authorised for the entry into the Union of animals, germinal products and products of animal origin (Text with EEA relevance)
C/2021/5192
OJ L 256, 19/07/2021, p. 63–88
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
19.7.2021 |
EN |
Official Journal of the European Union |
L 256/63 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/1178
of 16 July 2021
amending certain Annexes to Implementing Regulation (EU) 2021/404 as regards certain lists of third countries authorised for the entry into the Union of animals, germinal products and products of animal origin
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Article 230(1) thereof,
Whereas:
(1) |
Regulation (EU) 2016/429 lays down, inter alia, the animal health requirements for the entry into the Union of consignments of animals, germinal products and products of animal origin, and it applies from 21 April 2021. One of those animal health requirements is that those consignments must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation. |
(2) |
Commission Delegated Regulation (EU) 2020/692 (2) supplements Regulation (EU) 2016/429 as regards the animal health requirements for the entry into the Union of consignments of certain species and categories of animals, germinal products and products of animal origin from third countries or territories or zones thereof, or compartments thereof in the case of aquaculture animals, and it also applies from 21 April 2021. Article 3, point (a), of Delegated Regulation (EU) 2020/692 provides that consignments of animals, germinal products and products of animal origin falling within its scope may only be permitted to enter into the Union if they come from a third country or territory, or zone or compartment thereof, listed for the particular species of animals, germinal products and products of animal origin in accordance with the animal health requirements laid down in that Delegated Regulation. |
(3) |
Furthermore, Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries, territories or zones thereof, or in the case of aquaculture animals compartments thereof, from which the entry into the Union of those species and categories of animals and those categories of germinal products and products of animal origin that fall within the scope of Delegated Regulation (EU) 2020/692 is permitted. |
(4) |
Implementing Regulation (EU) 2021/404 also applies from 21 April 2021, and the lists of third countries, territories or zones set out in the Annexes thereto serve the same purpose as similar lists previously laid down in several Commission acts that were repealed and replaced by that Implementing Regulation with effect from that date. However, a number of amendments to the lists in those earlier Commission acts are not reflected in the lists now set out in Implementing Regulation (EU) 2021/404. This is mainly because such lists tend to be amended frequently to take account of matters, such as changing epidemiological situations as regards animal diseases, or sanitary conditions or animal or public health guarantees, in third countries or territories. |
(5) |
Commission Regulation (EC) No 798/2008 (4) laid down a list of third countries, territories, zones or compartments from which poultry and poultry products could be imported into and transit through the Union. That Regulation was repealed and replaced by Implementing Regulation (EU) 2021/404, and Annexes V and XIV thereto now set out the lists of third countries, territories or zones thereof authorised for the entry into the Union of consignments of poultry, germinal products of poultry, fresh meat of poultry and game birds. However, a number of amendments to the list in Regulation (EC) No 798/2008 were not included in the lists set out in Annexes V and XIV to Implementing Regulation (EU) 2021/404. In particular, Regulation (EC) No 798/2008 was amended by Implementing Regulation (EU) 2020/626 (5) as regards the entry for the Republic of North Macedonia, by Implementing Regulation (EU) 2020/1166 (6) as regards the entry for the United States, by Implementing Regulation (EU) 2020/1752 (7) as regards the entry for Australia, by Implementing Regulation (EU) 2020/2083 (8) as regards the entry for Japan, by Implementing Regulation (EU) 2021/460 (9) as regards the entry for Ukraine, and by Implementing Regulation (EU) 2021/568 (10) as regards the entry for the United Kingdom. Accordingly, Implementing Regulation (EU) 2021/404 should be amended to take account of those changes to the list set out in Regulation (EC) No 798/2008. |
(6) |
Furthermore, Australia has submitted updated information on the epidemiological situation on its territory following an outbreak of highly pathogenic avian influenza (HPAI) confirmed in a poultry holding on its territory on 31 July 2020 and the measures it has taken to prevent the further spread of that disease. In particular, following that outbreak of HPAI, Australia has implemented a stamping out policy in order to control and limit the spread of that disease. In addition, Australia has completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on the previously infected poultry holding on its territory. |
(7) |
The Commission has evaluated the information submitted by Australia and concluded that that HPAI outbreak has been cleared and that there is no longer any risk associated with the entry into the Union of poultry commodities from that third country. |
(8) |
Moreover, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to the outbreaks of HPAI confirmed in poultry holdings on 27 January 2021 on the Isle of Anglesey in Wales, on 8 February 2021 in Redcar and Cleveland, England, on 12 February 2021 in Glenrothes, Fife, Scotland and on 29 March 2021 in Staffordshire county, England and the measures it has taken to prevent the further spread of that disease. In particular, following those outbreaks of HPAI, the United Kingdom has implemented a stamping out policy in order to control and limit the spread of that disease. In addition, the United Kingdom completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on the infected poultry holdings on its territory. |
(9) |
The Commission has evaluated the information submitted by the United Kingdom and concluded that the HPAI outbreaks in the poultry holdings on the Isle of Anglesey in Wales, in Redcar and Cleveland, England, in Glenrothes, Fife, Scotland and in Staffordshire county, England have been cleared and that there is no longer any risk associated with the entry into the Union of poultry commodities from the areas of the United Kingdom from where entry into the Union of poutlry commoditites has been suspended due to those outbreaks. |
(10) |
The entries for Australia and the United Kingdom in the table in Part 1 of Annexes V and XIV to Implementing Regulation (EU) 2021/404 should, therefore, also take account of the current epidemiological situation in those third countries. |
(11) |
In addition, Annex VI to Implementing Regulation (EU) 2021/404 lays down the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of captive birds and germinal products of captive birds. That list should take account of the list of third countries from which imports into the Union of captive bred birds are authorised set out in Annex I to Commission Implementing Regulation (EU) No 139/2013 (11), repealed by Delegated Regulation (EU) 2020/692. Annex VI to Implementing Regulation (EU) 2021/404 should therefore be amended to include Argentina and the Philippines. |
(12) |
Certain third countries also submitted to the Commission responses to a questionnaire concerning the entry into the Union of casings in terms of animal and public health. These third countries provided sufficient evidence and guarantees to the Commission to be included in the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of casings. They should therefore be included in the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of casings set out in Annex XVI to Implementing Regulation (EU) 2021/404 and that Annex should be amended accordingly. |
(13) |
Annex XVII to Implementing Regulation (EU) 2021/404 lays down the list of third countries, territories or zones thereof authorised for the entry into the Union of raw milk, colostrum, colostrum-based products, dairy products derived from raw milk and dairy products not subject to a specific risk-mitigating treatment against foot-and-mouth disease. That list should take account of the list of third countries or parts thereof authorised for the introduction into the European Union of consignments of raw milk, dairy products, colostrum and colostrum-based products and indicating the type of heat treatment required for such commodities set out in Annex I to Commission Regulation (EU) No 605/2010 (12), as Regulation (EU) No 605/2010 was repealed and replaced by Implementing Regulation (EU) 2021/404. Annex XVII to Implementing Regulation (EU) 2021/404 should therefore be amended to include Bosnia and Herzegovina. |
(14) |
Annex XVIII to Implementing Regulation (EU) 2021/404 lays down the list of third countries, territories or zones thereof authorised for the entry into the Union of dairy products subject to a specific risk-mitigating treatment against foot-and-mouth disease. The list provided for in Annex XVIII to Implementing Regulation (EU) 2021/404 should reflect the list in column C of Annex I to Implementing Regulation (EU) No 605/2010, which applied until 20 April 2021. Moldova was included in column C of Annex I to Regulation (EU) No 605/2010, as amended by Implementing Regulation (EU) 2021/645 (13). Annex XVIII to Implementing Regulation (EU) 2021/404 should therefore be amended to include Moldova. |
(15) |
Annex XXII lays down the list of third countries, territories or zones thereof authorised for transit through the Union under specific conditions. To avoid any undue trade disruption, those specific conditions should reflect those provided for in the Union rules applicable before the date of application of Implementing Regulation (EU) 2021/404. Therefore, Annex XXII to Implementing Regulation (EU) 2021/404 should be amended to adapt certain specific conditions for transit through the Union of consignments of certain meat products from Bosnia and Herzegovina. |
(16) |
Annexes V, VI, XIV, XVI, XVII, XVIII and XXII to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly. |
(17) |
As Implementing Regulation (EU) 2021/404 applies from 21 April 2021, in the interest of legal certainty, this Regulation should enter into force as a matter of urgency. |
(18) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes V, VI, XIV, XVI, XVII, XVIII and XXII to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 July 2021.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).
(3) Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and the Council (OJ L 114, 31.3.2021, p. 1).
(4) Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).
(5) Commission Implementing Regulation (EU) 2020/626 of 7 May 2020 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the Republic of North Macedonia in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to Newcastle disease (OJ L 146, 8.5.2020, p. 1).
(6) Commission Implementing Regulation (EU) 2020/1166 of 6 August 2020 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United States in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza (OJ L 258, 7.8.2020, p. 11).
(7) Commission Implementing Regulation (EU) 2020/1752 of 23 November 2020 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Australia in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza (OJ L 394, 24.11.2020, p. 5).
(8) Commission Implementing Regulation (EU) 2020/2083 of 14 December 2020 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Japan in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza (OJ L 423, 15.12.2020, p. 20).
(9) Commission Implementing Regulation (EU) 2021/460 of 16 March 2021 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Ukraine in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into and transit through the Union in relation to highly pathogenic avian influenza (OJ L 91, 17.3.2021, p. 7).
(10) Commission Implementing Regulation (EU) 2021/568 of 6 April 2021 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United Kingdom in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into and transit through the Union in relation to highly pathogenic avian influenza (OJ L 118, 7.4.2021, p. 10).
(11) Commission Implementing Regulation (EU) No 139/2013 of 7 January 2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof (OJ L 47, 20.2.2013, p. 1).
(12) Commission Regulation (EU) No 605/2010 of 2 July 2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption (OJ L 175, 10.7.2010, p. 1).
(13) Commission Implementing Regulation (EU) 2021/645 of 15 April 2021 amending Annex I to Regulation (EU) No 605/2010 as regards the list of third countries or parts thereof from which the introduction into the European Union of consignments of raw milk, dairy products, colostrum and colostrum-based products is authorised (OJ L 133, 20.4.2021, p. 29).
ANNEX
Annexes V, VI, XIV, XVI, XVII, XVIII and XXII to Implementing Regulation (EU) 2021/404 are amended as follows:
(1) |
Annex V is amended as follows:
|
(2) |
Annex VI is amended as follows:
|
(3) |
Annex XIV is amended as follows:
|
(4) |
Part 1 of Annex XVI is amended as follows:
|
(5) |
in Part 1 of Annex XVII, the following entry is inserted between the entry for Australia and the entry for Canada:
|
(6) |
in Part 1 of Annex XVIII, the following entry is inserted between the entry for Morocco and the entry for Madagascar:
|
(7) |
Annex XXII is amended as follows:
|