# L_2021091EN.01000701.xml

| 17.3.2021 | EN | Official Journal of the European Union | L 91/7 |
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17.3.2021

EN

Official Journal of the European Union

L 91/7

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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

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of paragraph 1 of Article 8, paragraph 4 of Article 8 and Article 9(4) thereof,

Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (2), and in particular Articles 23(1), 24(2) and 25(2) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 798/2008 (3) lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Union of poultry and poultry products (‘the commodities’). It provides that the commodities are only to be imported into and transit through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto. |
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(1)

Commission Regulation (EC) No 798/2008 (3) lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Union of poultry and poultry products (‘the commodities’). It provides that the commodities are only to be imported into and transit through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.

| (2) | Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to be considered as free from highly pathogenic avian influenza (HPAI). |
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(2)

Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to be considered as free from highly pathogenic avian influenza (HPAI).

| (3) | Ukraine is listed in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of certain poultry commodities are authorised from certain parts of its territory depending on the presence of HPAI. That regionalisation was set out in Part 1 of Annex I to Regulation (EC) No 798/2008, as amended by Implementing Regulation (EU) 2020/352 (4), following the confirmation of an outbreak of HPAI of subtype H5N8 on 19 January 2020. |
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(3)

Ukraine is listed in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of certain poultry commodities are authorised from certain parts of its territory depending on the presence of HPAI. That regionalisation was set out in Part 1 of Annex I to Regulation (EC) No 798/2008, as amended by Implementing Regulation (EU) 2020/352 (4), following the confirmation of an outbreak of HPAI of subtype H5N8 on 19 January 2020.

| (4) | Following the outbreak of HPAI, Ukraine has implemented a stamping out policy in order to control and limit the spread of that disease. In addition, Ukraine completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on the poultry holding where the HPAI outbreak was confirmed in January 2020. Ukraine has submitted updated information on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of HPAI, which were evaluated by the Commission. |
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(4)

Following the outbreak of HPAI, Ukraine has implemented a stamping out policy in order to control and limit the spread of that disease. In addition, Ukraine completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on the poultry holding where the HPAI outbreak was confirmed in January 2020. Ukraine has submitted updated information on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of HPAI, which were evaluated by the Commission.

| (5) | On the basis of that evaluation it is concluded that that outbreak has been cleared and that there is no risk associated with the introduction into the Union of poultry commodities from the areas of Ukraine listed in Part 1 of Annex I to Regulation (EC) No 798/2008 from where imports have been suspended by that Regulation, as amended by Implementing Regulation (EU) 2020/352. |
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(5)

On the basis of that evaluation it is concluded that that outbreak has been cleared and that there is no risk associated with the introduction into the Union of poultry commodities from the areas of Ukraine listed in Part 1 of Annex I to Regulation (EC) No 798/2008 from where imports have been suspended by that Regulation, as amended by Implementing Regulation (EU) 2020/352.

| (6) | On 4 December 2020, however, Ukraine confirmed the presence of HPAI of subtype H5 in a poultry holding on its territory. Due to that confirmed outbreak of HPAI, the whole territory of Ukraine can no longer be considered as free from that disease and the veterinary authorities of Ukraine can, therefore, no longer certify consignments of poultry commodities for import into, or transit through, the Union from the areas concerned by that outbreak. Following that outbreak, Ukraine has confirmed further HPAI outbreaks of subtype H5 in poultry holdings on its territory. |
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(6)

On 4 December 2020, however, Ukraine confirmed the presence of HPAI of subtype H5 in a poultry holding on its territory. Due to that confirmed outbreak of HPAI, the whole territory of Ukraine can no longer be considered as free from that disease and the veterinary authorities of Ukraine can, therefore, no longer certify consignments of poultry commodities for import into, or transit through, the Union from the areas concerned by that outbreak. Following that outbreak, Ukraine has confirmed further HPAI outbreaks of subtype H5 in poultry holdings on its territory.

| (7) | The veterinary authorities of Ukraine have confirmed that following the outbreak in December 2020, they suspended issuing certificates for consignments of commodities intended for import into, or transit through, the Union and implemented a stamping-out policy in order to control HPAI and limit the spread of that disease. |
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(7)

The veterinary authorities of Ukraine have confirmed that following the outbreak in December 2020, they suspended issuing certificates for consignments of commodities intended for import into, or transit through, the Union and implemented a stamping-out policy in order to control HPAI and limit the spread of that disease.

| (8) | Furthermore, Ukraine has submitted information to the Commission on the epidemiological situation on its territory and indicated the areas placed under restrictions as well as the measures it has taken to prevent the further spread of HPAI outside those restricted areas. That information has now been evaluated by the Commission and on the basis of that evaluation, as well as the guarantees provided by Ukraine, it should be concluded that limiting the restrictions on the introduction into the Union of consignments of poultry commodities to the areas affected by HPAI, which the veterinary authorities of Ukraine have placed under restrictions due to the current outbreaks, should be sufficient to cover the risks associated with the introduction into the Union of such commodities. |
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(8)

Furthermore, Ukraine has submitted information to the Commission on the epidemiological situation on its territory and indicated the areas placed under restrictions as well as the measures it has taken to prevent the further spread of HPAI outside those restricted areas. That information has now been evaluated by the Commission and on the basis of that evaluation, as well as the guarantees provided by Ukraine, it should be concluded that limiting the restrictions on the introduction into the Union of consignments of poultry commodities to the areas affected by HPAI, which the veterinary authorities of Ukraine have placed under restrictions due to the current outbreaks, should be sufficient to cover the risks associated with the introduction into the Union of such commodities.

| (9) | The entry for Ukraine in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 should, therefore, be amended to take account of the current epidemiological situation in that third country. |
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(9)

The entry for Ukraine in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 should, therefore, be amended to take account of the current epidemiological situation in that third country.

| (10) | Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly. |
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(10)

Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

| (11) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
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(11)

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

Part 1 of Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third 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 March 2021.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 18, 23.1.2003, p. 11.

1

(2)  
  OJ L 343, 22.12.2009, p. 74.

2

(3)  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).

3

(4)  Commission Implementing Regulation (EU) 2020/352 of 3 March 2020 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Ukraine in the lists 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 65, 4.3.2020, p. 4).

4

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ANNEX

In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for Ukraine is replaced by the following:

| ISO code and name of third country or territory | Code of third country, territory, zone or compartment | Description of third country, territory, zone or compartment | Veterinary certificate | Specific conditions | Specific conditions | Avian influenza surveillance status | Avian influenza vaccination status | Salmonella control status |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Model(s) | Additional guarantees | Closing date | Opening date |
| 1 | 2 | 3 | 4 | 5 | 6 | 6A | 6B | 7 | 8 | 9 |
| ‘UA – Ukraine | UA-0 | Whole country | EP, E | | | | | | | |
| UA-1 | The whole country of Ukraine excluding area UA-2 | WGM | | | | | | | |
| POU, RAT | | | | | | | |
| UA-2 | Area of Ukraine corresponding to: | | | | | | | | |
| UA-2.1 | Kherson Oblast (region) | WGM | | P2 | 30.11.2016 | 7.3.2020 | | | |
| POU, RAT | | P2 | 30.11.2016 | 7.3.2020 | | | |
| UA-2.2 | Odessa Oblast (region) | WGM | | P2 | 4.1.2017 | 7.3.2020 | | | |
| POU, RAT | | P2 | 4.1.2017 | 7.3.2020 | | | |
| UA-2.3 | Chernivtsi Oblast (region) | WGM | | P2 | 4.1.2017 | 7.3.2020 | | | |
| POU, RAT | | P2 | 4.1.2017 | 7.3.2020 | | | |
| UA-2.4 | Vinnytsia Oblast (region), Nemyriv Raion (district), municipalities:
  Berezivka village
  Bratslav village
  Budky village
  Bugakiv village
  Chervone village
  Chukiv village
  Danylky village
  Dovzhok village
  Horodnytsia village
  Hrabovets village
  Hranitne village
  Karolina village
  Korovayna village
  Korzhiv village
  Korzhivka village
  Kryklivtsi village
  Maryanivka village
  Melnykivtsi village
  Monastyrok village
  Monastyrske village
  Nemyriv City
  Novi Obyhody village
  Ostapkivtsi village
  Ozero village
  Perepelychcha village
  Rachky village
  Salyntsi village
  Samchyntsi village
  Sazhky village
  Selevintsi village
  Sholudky village
  Slobidka village
  Sorokoduby village
  Sorokotiazhyntsi village
  Velyka Bushynka village
  Vovchok village
  Vyhnanka village
  Yosypenky village
  Zarudyntsi village
  Zelenianka village | WGM | | P2 | 19.1.2020 | 20.3.2021 | | | |
| POU, RAT | | P2 | 19.1.2020 | 20.3.2021’ | | | |
| UA-2.5 | Mykolaiv Oblast (region)
  Kherson Oblast (region), Khersonskyi (Bilozerskyi) Raion (district), municipalities:
  Tavriyske village
  Nova zoria village | WGM | | P2 | 4.12.2020 | | | | |
| POU, RAT | | P2 | 4.12.2020 | | | | |
| UA-2.6 | Kyiv Oblast (region):
  Ivankiv Raion (district),
  municipalities:
  Leonivka village
  Blidcha village
  Kolentsi village
  Zymovyshche village
  Rudnia-Talska village
  Sosnivka village
  Borodianka Raion (district), municipalities:
  Koblytsia village
  Talske village
  Myrcha village
  Stara Buda village,
  Velykyi Lis village
  Krasnyi Rih village
  Mykhailivskyi small village | WGM | | P2 | 24.12.2020 | | | | |
| POU, RAT | | P2 | 24.12.2020 | | | | |
| UA-2.7 | Kyiv Oblast (region):
  Borodianka Raion (district), municipalities:
  Borodianka town
  Kachaly village
  Shybene village
  Nebrat village
  Nove Zalissia village
  Berestianka village
  Zdvyzhivka village
  Babyntsi village
  Buda-Babynetska village
  Klavdiyevo-Tarasove town
  Poroskoten village
  Pylypovychi village
  Nova Hreblia village
  Vablia village
  Druzhnia village
  Halynka village
  Zahaltsi village
  Mykhailivskyi (Mykhailenkiv) village
  country estate “Blyzhni sady”
  Buchanskyi Raion (district), municipalities: Nemishayeve town
  Mykulychi village
  Dibrova village
  Kozyntsi village
  Chervona hilka village
  Plakhtianka village
  Myrotske village
  part of Vorzel town restricted by Bilostotskykh and Pushkina str. | WGM | | P2 | 27.12.2020 | | | | |
| POU, RAT | | P2 | 27.12.2020 | | | | |
| UA-2.8 | Kherson Oblast (region):
  Kakhovskyi Raion (district), municipalities:
  Zaozerne village
  Skvortsivka village
  Maryanivka village
  Slynenko village
  Olhivka village
  Novotroyitskyi Raion (district), municipalities:
  Volodymyro-Ilyinka village
  Sofiivka village
  Katerynivka village | WGM | | P2 | 29.12.2020 | | | | |
| POU, RAT | | P2 | 29.12.2020 | | | | |
| UA-2.9 | Kyiv Oblast (region), Kyiv city:
  The area contained within a circle of a 10 km radius centred on Hostomel village of Buchanskyi Raion, and extending in a clockwise fashion:






  (a) | North, Northwest, West, Southwest: Kyiv region (oblast), Buchanskyi Raion (district), municipalities: Moshchun village, Hostomel town, Kotsiubynske town, Irpin city, Bucha city, Horenka village. |

ISO code and name of third country or territory

Code of third country, territory, zone or compartment

Description of third country, territory, zone or compartment

Veterinary certificate

Specific conditions

Specific conditions

Avian influenza surveillance status

Avian influenza vaccination status

Salmonella control status

Model(s)

Additional guarantees

Closing date

Opening date

1

2

3

4

5

6

6A

6B

7

8

9

‘UA – Ukraine

UA-0

Whole country

EP, E

UA-1

The whole country of Ukraine excluding area UA-2

WGM

POU, RAT

UA-2

Area of Ukraine corresponding to:

UA-2.1

Kherson Oblast (region)

WGM

P2

30.11.2016

7.3.2020

POU, RAT

P2

30.11.2016

7.3.2020

UA-2.2

Odessa Oblast (region)

WGM

P2

4.1.2017

7.3.2020

POU, RAT

P2

4.1.2017

7.3.2020

UA-2.3

Chernivtsi Oblast (region)

WGM

P2

4.1.2017

7.3.2020

POU, RAT

P2

4.1.2017

7.3.2020

UA-2.4

Vinnytsia Oblast (region), Nemyriv Raion (district), municipalities:

Berezivka village

Bratslav village

Budky village

Bugakiv village

Chervone village

Chukiv village

Danylky village

Dovzhok village

Horodnytsia village

Hrabovets village

Hranitne village

Karolina village

Korovayna village

Korzhiv village

Korzhivka village

Kryklivtsi village

Maryanivka village

Melnykivtsi village

Monastyrok village

Monastyrske village

Nemyriv City

Novi Obyhody village

Ostapkivtsi village

Ozero village

Perepelychcha village

Rachky village

Salyntsi village

Samchyntsi village

Sazhky village

Selevintsi village

Sholudky village

Slobidka village

Sorokoduby village

Sorokotiazhyntsi village

Velyka Bushynka village

Vovchok village

Vyhnanka village

Yosypenky village

Zarudyntsi village

Zelenianka village

WGM

P2

19.1.2020

20.3.2021

POU, RAT

P2

19.1.2020

20.3.2021’

UA-2.5

Mykolaiv Oblast (region)

Kherson Oblast (region), Khersonskyi (Bilozerskyi) Raion (district), municipalities:

Tavriyske village

Nova zoria village

WGM

P2

4.12.2020

POU, RAT

P2

4.12.2020

UA-2.6

Kyiv Oblast (region):

Ivankiv Raion (district),

municipalities:

Leonivka village

Blidcha village

Kolentsi village

Zymovyshche village

Rudnia-Talska village

Sosnivka village

Borodianka Raion (district), municipalities:

Koblytsia village

Talske village

Myrcha village

Stara Buda village,

Velykyi Lis village

Krasnyi Rih village

Mykhailivskyi small village

WGM

P2

24.12.2020

POU, RAT

P2

24.12.2020

UA-2.7

Kyiv Oblast (region):

Borodianka Raion (district), municipalities:

Borodianka town

Kachaly village

Shybene village

Nebrat village

Nove Zalissia village

Berestianka village

Zdvyzhivka village

Babyntsi village

Buda-Babynetska village

Klavdiyevo-Tarasove town

Poroskoten village

Pylypovychi village

Nova Hreblia village

Vablia village

Druzhnia village

Halynka village

Zahaltsi village

Mykhailivskyi (Mykhailenkiv) village

country estate “Blyzhni sady”

Buchanskyi Raion (district), municipalities: Nemishayeve town

Mykulychi village

Dibrova village

Kozyntsi village

Chervona hilka village

Plakhtianka village

Myrotske village

part of Vorzel town restricted by Bilostotskykh and Pushkina str.

WGM

P2

27.12.2020

POU, RAT

P2

27.12.2020

UA-2.8

Kherson Oblast (region):

Kakhovskyi Raion (district), municipalities:

Zaozerne village

Skvortsivka village

Maryanivka village

Slynenko village

Olhivka village

Novotroyitskyi Raion (district), municipalities:

Volodymyro-Ilyinka village

Sofiivka village

Katerynivka village

WGM

P2

29.12.2020

POU, RAT

P2

29.12.2020

UA-2.9

Kyiv Oblast (region), Kyiv city:

The area contained within a circle of a 10 km radius centred on Hostomel village of Buchanskyi Raion, and extending in a clockwise fashion:

(a)

North, Northwest, West, Southwest: Kyiv region (oblast), Buchanskyi Raion (district), municipalities: Moshchun village, Hostomel town, Kotsiubynske town, Irpin city, Bucha city, Horenka village.

| (b) | Northeast, East, Southeast, South: Boundary of Kyiv Region (oblast) with Obolonskyi, Podilskyi, Shevchenkivskyi Raions (districts) of Kyiv city from intersection of Polarna str., Avtozavodska Str., Semena Skliarenko str. the intersection with the Oleny Telihy str., Oleksandra Dovzhenko str. to the intersection with Peremohy Avenue |
| --- | --- |

(b)

Northeast, East, Southeast, South: Boundary of Kyiv Region (oblast) with Obolonskyi, Podilskyi, Shevchenkivskyi Raions (districts) of Kyiv city from intersection of Polarna str., Avtozavodska Str., Semena Skliarenko str. the intersection with the Oleny Telihy str., Oleksandra Dovzhenko str. to the intersection with Peremohy Avenue

WGM

P2

18.1.2021

POU, RAT

P2

18.1.2021

UA-2.10

Donetsk Oblast (region):

Volnovaskyi (ex Velykonovosilkivskyi) district, municipalities:

Vesele village

Fedorivka village

Skudne village

Dniproenerhiia village

Velyka Novosilka town

Rozdolne village

Novyi Komar village

Perebudova village

Novoocheretuvate village

Myrne village

Ordadne village

Komar village

Vremivka village

Voskresenka village

Vilne Pole village

Shevchenko village

Burlatske village

Pryvilne village

Dnipropetrovsk Oblast (region):

Prokrovskyi district, municipalities:

Maliivka village

WGM

P2

3.2.2021

POU, RAT

P2

3.2.2021

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