COMMISSION IMPLEMENTING REGULATION (EU) 2021/606

of 14 April 2021

amending Annex I, Annexes IV to XIII, and Annex XVI to Implementing Regulation (EU) 2021/405 as regards the entries of Belarus and of the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey in the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular Article 127(2) thereof,

Whereas:

(1) Commission Delegated Regulation (EU) 2019/625 (2) supplements Regulation (EU) 2017/625 as regards the conditions for the entry into the Union of consignments of certain animals and goods intended for human consumption from third countries or regions thereof, in order to ensure that they comply with the applicable requirements established in the rules on food safety referred to in Article 1(2)(a) of Regulation (EU) 2017/625 or with requirements recognised to be at least equivalent. Those conditions include the identification of the animals and goods intended for human consumption which can only enter the Union from third countries or regions listed in accordance with Article 126(2)(a) of Regulation (EU) 2017/625.

(2) Commission Regulations (EC) No 798/2008 (3), (EC) No 119/2009 (4), (EU) No 206/2010 (5) and (EU) No 605/2010 (6), which are repealed as from 21 April 2021 by Commission Delegated Regulation (EU) 2020/692 (7), and Commission Implementing Regulation (EU) 2019/626 (8), which is repealed as from 21 April 2021 by Commission Implementing Regulation (EU) 2021/405 (9), lay down the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods. Implementing Regulation (EU) 2021/405, which applies from 21 April 2021, replaces the lists concerning food safety requirements in Commission Regulations (EC) No 798/2008, (EC) No 119/2009, (EU) No 206/2010 and (EU) No 605/2010, as well as in Implementing Regulation (EU) 2019/626.

(3) Belarus is included in the list of third countries from which entry into the Union is permitted of fishery products other than bivalve molluscs, echinoderms, tunicates and marine gastropods set out in Annex II to Implementing Regulation (EU) 2019/626, and has a residue monitoring plan for aquaculture approved in accordance with Article 1 of Commission Decision 2011/163/EU (10). There is therefore appropriate evidence and guarantees to ensure that Belarus fulfils the requirements of points (a) to (f) of Article 4 of Delegated Regulation (EU) 2019/625 for the entry into the Union of fishery products, including those from aquaculture, other than bivalve molluscs, echinoderms, tunicates and marine gastropods. The remark ‘only wild catch’ currently associated with Belarus in the list set out in Annex IX to Implementing Regulation (EU) 2021/405 should be removed in order to authorise the entry into the Union of fishery products from aquaculture from that third country.

(4) Regulations (EC) No 798/2008, (EC) No 119/2009, (EU) No 206/2010 and (EU) No 605/2010 and Implementing Regulation (EU) 2019/626 were amended as regards the entries of the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey in the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption by Commission Implementing Regulations (EU) 2020/2205 (11), (EU) 2020/2206 (12), (EU) 2020/2204 (13), (EU) 2020/2207 (14) and (EU) 2020/2209 (15), respectively.

(5) Implementing Regulation (EU) 2021/405 did not include the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey in those lists. That Implementing Regulation should therefore be amended to include those entries.

(6) The United Kingdom has provided appropriate evidence and guarantees to ensure that the animals and goods authorised for entry into the Union from the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey comply with the requirements laid down in points (a) to (e) of Article 4 of Delegated Regulation (EU) 2019/625.

(7) Point (f) of Article 4 of Delegated Regulation (EU) 2019/625 provides that the existence, implementation and communication of a residues control programme approved by the Commission, when applicable, is a further requirement for the inclusion of third countries or regions thereof in the list referred to in Article 126(2)(a) of Regulation (EU) 2017/625. The list of third countries whose residue monitoring plans have been approved is set out in the Annex to Decision 2011/163/EU, which has been amended as regards the approval of residue monitoring plans submitted by the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey by Commission Implementing Decision (EU) 2020/2218 (16).

(8) Taking into account the evidence and guarantees provided by the United Kingdom, that third country and the Crown Dependencies of Guernsey, the Isle of Man and Jersey should be included in Annex I, Annexes IV to XIII, and Annex XVI to Implementing Regulation (EU) 2021/405, without prejudice to the application of Union law to and in the United Kingdom in respect of Northern Ireland in accordance with Article 5(4) of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community in conjunction with Annex 2 to that Protocol. A re-assessment of compliance with the requirements laid down in points (a) to (f) of Article 4 of Delegated Regulation (EU) 2019/625 is not necessary.

(9) Annex I, Annexes IV to XIII, and Annex XVI to Implementing Regulation (EU) 2021/405 should therefore be amended accordingly.

(10) As Implementing Regulation (EU) 2021/405 applies from 21 April 2021, this Regulation should apply from the same date.

(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 Annex I, Annexes IV to XIII, and Annex XVI to Implementing Regulation (EU) 2021/405 are 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. It shall apply from 21 April 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 April 2021. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 95, 7.4.2017, p. 1.

(2) Commission Delegated Regulation (EU) 2019/625 of 4 March 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption (OJ L 131, 17.5.2019, p. 18).

(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).

(4) Commission Regulation (EC) No 119/2009 of 9 February 2009 laying down a list of third countries or parts thereof, for imports into, or transit through, the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements (OJ L 39, 10.2.2009, p. 12).

(5) Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (OJ L 73, 20.3.2010, p. 1).

(6) 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 and dairy products, colostrum and colostrum-based products intended for human consumption (OJ L 175, 10.7.2010, p. 1).

(7) 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).

(8) Commission Implementing Regulation (EU) 2019/626 of 5 March 2019 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption, amending Implementing Regulation (EU) 2016/759 as regards these lists (OJ L 131, 17.5.2019, p. 31).

(9) Commission Implementing Regulation (EU) 2021/405 of 24 March 2021 laying down the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 118).

(10) Commission Decision 2011/163/EU of 16 March 2011 on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (OJ L 70, 17.3.2011, p. 40).

(11) Commission Implementing Regulation (EU) 2020/2205 of 22 December 2020 amending Annex I to Regulation (EC) No 798/2008 as regards the entries for the United Kingdom and the Crown Dependency of Guernsey in the list of third countries, territories, zones or compartments from which consignments of poultry and poultry products may be introduced into or transit through the Union (OJ L 438, 28.12.2020, p. 11).

(12) Commission Implementing Regulation (EU) 2020/2206 of 22 December 2020 amending Annex I to Regulation (EC) No 119/2009 as regards the entry for the United Kingdom in the list of third countries or parts thereof authorised for the introduction into the Union of consignments of meat of wild leporidae, of certain wild land mammals and of farmed rabbits (OJ L 438, 28.12.2020, p. 15).

(13) Commission Implementing Regulation (EU) 2020/2204 of 22 December 2020 amending Annexes I and II to Regulation (EU) No 206/2010 as regards the entries for the United Kingdom and the Crown Dependencies in the lists of third countries, territories or parts thereof authorised for the introduction into the Union of certain animals and fresh meat (OJ L 438, 28.12.2020, p. 7).

(14) Commission Implementing Regulation (EU) 2020/2207 of 22 December 2020 amending Annex I to Regulation (EU) No 605/2010 as regards the entries for the United Kingdom and the Crown Dependencies in the list of third countries or parts thereof authorised for the introduction into the Union of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption (OJ L 438, 28.12.2020, p. 18).

(15) Commission Implementing Regulation (EU) 2020/2209 of 22 December 2020 amending Annexes I, II and III to Implementing Regulation (EU) 2019/626 as regards the entries of the United Kingdom and the Crown Dependencies in the list of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption (OJ L 438, 28.12.2020, p. 24).

(16) Commission Implementing Decision (EU) 2020/2218 of 22 December 2020 amending the Annex to Decision 2011/163/EU as regards the approval of residue monitoring plans submitted by the United Kingdom and the Crown Dependencies (OJ L 438, 28.12.2020, p. 63).