# L_2020065EN.01000401.xml

| 4.3.2020 | EN | Official Journal of the European Union | L 65/4 |
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4.3.2020

EN

Official Journal of the European Union

L 65/4

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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 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 point 1 of Article 8, point 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 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) 2017/193 (4), following the confirmation of outbreaks of HPAI of subtype H5N8 on 30 November 2016 and 4 January 2017. |
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(3)

Ukraine is listed 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) 2017/193 (4), following the confirmation of outbreaks of HPAI of subtype H5N8 on 30 November 2016 and 4 January 2017.

| (4) | Ukraine has reported on the completion of cleaning and disinfection following the stamping out policy on the areas where those outbreaks of HPAI were detected in 2016 and 2017 and submitted information on the measures it has taken to prevent the further spread of the disease, which were evaluated by the Commission. On the basis of that evaluation, it was concluded that those outbreaks have 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) 2017/193. |
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(4)

Ukraine has reported on the completion of cleaning and disinfection following the stamping out policy on the areas where those outbreaks of HPAI were detected in 2016 and 2017 and submitted information on the measures it has taken to prevent the further spread of the disease, which were evaluated by the Commission. On the basis of that evaluation, it was concluded that those outbreaks have 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) 2017/193.

| (5) | On 19 January 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. |
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(5)

On 19 January 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.

| (6) | The veterinary authorities of Ukraine have confirmed that following the outbreak in January 2020, they immediately 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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(6)

The veterinary authorities of Ukraine have confirmed that following the outbreak in January 2020, they immediately 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.

| (7) | 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 outbreak, should be sufficient to cover the risks associated with the introduction into the Union of such commodities. |
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(7)

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 outbreak, should be sufficient to cover the risks associated with the introduction into the Union of such commodities.

| (8) | The entry for Ukraine in the list in Part 1 of Annex I to Regulation (EC) No 798/2008 should threfore be amended to take account of the current epidemiological situation in that country. Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly. |
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(8)

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

| (9) | 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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(9)

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, 3 March 2020.

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) 2017/193 of 3 February 2017 amending Annex II to Decision 2007/777/EC and Annex I to Regulation (EC) No 798/2008 as regards the entries for Ukraine in the lists of third countries from which the introduction of certain commodities into the Union is authorised in relation to highly pathogenic avian influenza (OJ L 31, 4.2.2017, p. 13).

4

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ANNEX

In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for the 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 March 2020 | | | |
| POU, RAT | | P2 | 30.11.2016 | 7 March 2020 | | | |
| UA-2.2 | Odessa Oblast (region) | WGM | | P2 | 4.1.2017 | 7 March 2020 | | | |
| POU, RAT | | P2 | 4.1.2017 | 7 March 2020 | | | |
| UA-2.3 | Chernivtsi Oblast (region) | WGM | | P2 | 4.1.2017 | 7 March 2020 | | | |
| POU, RAT | | P2 | 4.1.2017 | 7 March 2020’ | | | |
| UA-2.4 | Vinnytsia Oblast (region), Nemyriv Raion (district), municipalities: | Berezivka 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 March 2020

POU, RAT

P2

30.11.2016

7 March 2020

UA-2.2

Odessa Oblast (region)

WGM

P2

4.1.2017

7 March 2020

POU, RAT

P2

4.1.2017

7 March 2020

UA-2.3

Chernivtsi Oblast (region)

WGM

P2

4.1.2017

7 March 2020

POU, RAT

P2

4.1.2017

7 March 2020’

UA-2.4

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

Berezivka village

| | Bratslav village |
| --- | --- |

Bratslav village

| | Budky village |
| --- | --- |

Budky village

| | Bugakiv village |
| --- | --- |

Bugakiv village

| | Chervone village |
| --- | --- |

Chervone village

| | Chukiv village |
| --- | --- |

Chukiv village

| | Danylky village |
| --- | --- |

Danylky village

| | Dovzhok village |
| --- | --- |

Dovzhok village

| | Horodnytsia village |
| --- | --- |

Horodnytsia village

| | Hrabovets village |
| --- | --- |

Hrabovets village

| | Hranitne village |
| --- | --- |

Hranitne village

| | Karolina village |
| --- | --- |

Karolina village

| | Korovayna village |
| --- | --- |

Korovayna village

| | Korzhiv village |
| --- | --- |

Korzhiv village

| | Korzhivka village |
| --- | --- |

Korzhivka village

| | Kryklivtsi village |
| --- | --- |

Kryklivtsi village

| | Maryanivka village |
| --- | --- |

Maryanivka village

| | Melnykivtsi village |
| --- | --- |

Melnykivtsi village

| | Monastyrok village |
| --- | --- |

Monastyrok village

| | Monastyrske village |
| --- | --- |

Monastyrske village

| | Nemyriv City |
| --- | --- |

Nemyriv City

| | Novi Obyhody village |
| --- | --- |

Novi Obyhody village

| | Ostapkivtsi village |
| --- | --- |

Ostapkivtsi village

| | Ozero village |
| --- | --- |

Ozero village

| | Perepelychcha village |
| --- | --- |

Perepelychcha village

| | Rachky village |
| --- | --- |

Rachky village

| | Salyntsi village |
| --- | --- |

Salyntsi village

| | Samchyntsi village |
| --- | --- |

Samchyntsi village

| | Sazhky village |
| --- | --- |

Sazhky village

| | Selevintsi village |
| --- | --- |

Selevintsi village

| | Sholudky village |
| --- | --- |

Sholudky village

| | Slobidka village |
| --- | --- |

Slobidka village

| | Sorokoduby village |
| --- | --- |

Sorokoduby village

| | Sorokotiazhyntsi village |
| --- | --- |

Sorokotiazhyntsi village

| | Velyka Bushynka village |
| --- | --- |

Velyka Bushynka village

| | Vovchok village |
| --- | --- |

Vovchok village

| | Vyhnanka village |
| --- | --- |

Vyhnanka village

| | Yosypenky village |
| --- | --- |

Yosypenky village

| | Zarudyntsi village |
| --- | --- |

Zarudyntsi village

Zelenianka village

WGM

P2

19.1.2020

POU, RAT

P2

19.1.2020

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