COMMISSION IMPLEMENTING REGULATION (EU) 2022/35

of 6 January 2022

amending and correcting Implementing Regulation (EU) 2021/404 laying down the lists of third countries or 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 of the Council

(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 or compartments thereof. 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 and categories of animals, germinal products and products of animal origin, in accordance with the animal health requirements laid down in that Delegated Regulation.

(3) Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries or territories, or zones or compartments thereof, from which the entry into the Union of those species and categories of animals, germinal products and products of animal origin, that fall within the scope of Delegated Regulation (EU) 2020/692, is permitted. The lists and certain general rules concerning the lists are set out in Annexes I to XXII to that Delegated Regulation.

(4) Articles 62(2) and (3) of Delegated Regulation (EU) 2020/692, as recently amended by Delegated Regulation (EU) 2021/1705 (4), introduced the new rules for the entry into the Union of racing pigeons from a third country or territory, or zone thereof where they are normally kept, with the intention that they be immediately released with the expectation that they will fly back to that third country or territory, or zone thereof. To take account of those new rules, it is necessary to amend Article 3(1), point (e), of Implementing Regulation (EU) 2021/404, which refers to the lists, set out in Annex VI to that Regulation, of third countries or territories, or zones thereof from which the entry into the Union of captive birds and germinal products of captive birds is authorised, in order to exclude that category of captive birds from those lists.

(5) The United Kingdom has submitted to the Commission information demonstrating, in accordance with Article 10 of Delegated Regulation (EU) 2020/692, that the conditions for the recognition of disease-free status for its whole territory from infection with bluetongue virus (BTV) laid down in Delegated Regulation (EU) 2020/689 (5) are fulfilled. The entry for the United Kingdom in the list of third countries or territories, or zones thereof, authorised for the entry into the Union of consignments of ungulates (other than equine animals and ungulates intended for confined establishments) set out in Part 1 of Annex II to Implementing Regulation (EU) 2021/404 should therefore be amended so as to include the whole territory of that third country. Annex II to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.

(6) The table in Part 1, Section A, of Annex VI to Implementing Regulation (EU) 2021/404 sets out the list of third countries or territories, or zones thereof, authorised for the entry into the Union of consignments of captive birds and germinal products thereof. That list should be consistent with the list of third countries from which imports of captive bred birds are authorised set out in Annex I to Commission Implementing Regulation (EU) No 139/2013 (6), which applied until 20 April 2021. In addition, the titles of the lists in Part 1, Sections A and B of Annex VI to Implementing Regulation (EU) 2021/404 should be amended to exclude racing pigeons, in accordance with Articles 62(2) and (3) of Delegated Regulation (EU) 2020/692, from the lists set out in Part 1, Sections A and B, of Annex VI to Implementing Regulation (EU) 2021/404. Annex VI to Implementing Regulation (EU) 2021/404 should therefore be corrected and amended accordingly.

(7) The table in Part 1 of Annex VIII to Implementing Regulation (EU) 2021/404 sets out the list of third countries or territories, or zones thereof, authorised for the entry into the Union of consignments of dogs, cats and ferrets. That list should be consistent with the lists of territories or third countries from which dogs, cats or ferrets are authorised to be imported referred to in Article 1(1) to Commission Implementing Decision (EU) 2019/294 (7), which applied until 20 April 2021. Annex VIII to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(8) The table in Part 1 of Annex IX to Implementing Regulation (EU) 2021/404 sets out the list of third countries or territories, or zones thereof, authorised for the entry into the Union of consignments of germinal products of bovine animals. In the sixth column of that table setting out animal health guarantees, the entries for Canada, the United Kingdom and its Crown Dependencies of the Isle of Man and Jersey should be corrected as regards the description of the zones in the United Kingdom, and the relevant animal health guarantees for Canada, the United Kingdom and those Crown Dependencies to reflect the guarantees for infection with Brucella abortus, B. melitensis and B. suis, infection with Mycobacterium tuberculosis complex (M. bovis, M. caprae, M. tuberculosis), infection with epizootic haemorrhagic disease virus and enzootic bovine leukosis, provided for in the second and seventh columns of the table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404 respectively; and the entry for the United Kingdom should be amended as regards the recognition by the Union of freedom from infection with bluetongue virus (serotypes 1-24) of that third country. In addition, the description of those zones, animal health guarantees, and that recognition should be added to the tables in Parts 2 and 4 of Annex IX to Implementing Regulation (EU) 2021/404. The entries for Canada, the United Kingdom and its Crown Dependencies of the Isle of Man and Jersey in Annex IX to Implementing Regulation (EU) 2021/404 should therefore be corrected and amended accordingly.

(9) The table in Part 1 of Annex X to Implementing Regulation (EU) 2021/404 sets out the list of third countries or territories, or zones thereof authorised for the entry into the Union of consignments of germinal products of ovine and caprine animals. In the sixth column of that table, setting out animal health guarantees, the entries for Canada, the United Kingdom and its Crown Dependencies of Guernsey and the Isle of Man should be corrected to reflect the animal health guarantees for infection with Brucella abortus, B. melitensis and B. suis and infection with epizootic haemorrhagic disease virus, provided for in the seventh column of the table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404; and the entry for the United Kingdom should be amended as regards recognition by the Union of freedom from infection with bluetongue virus (serotypes 1-24) of that third country. In addition, the description of those animal health guarantees and that recognition should be added to the table in Part 4 of Annex X to Implementing Regulation (EU) 2021/404. The entries for Canada, the United Kingdom and its Crown Dependencies of Guernsey and the Isle of Man in Annex X to Implementing Regulation (EU) 2021/404 should therefore be corrected and amended accordingly.

(10) The table in Part 1 of Annex XI to Implementing Regulation (EU) 2021/404 sets out the list of third countries or territories, or zones thereof, authorised for the entry into the Union of consignments of germinal products of porcine animals. In the sixth column of that table setting out the animal health guarantees, the entries for the United Kingdom and its Crown Dependency of Guernsey should be corrected to reflect the animal health guarantee for infection with Aujeszky’s disease virus (ADV) provided for in the seventh column of the table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404. In addition, the description of that animal health guarantee should be added to the table in Part 4 of Annex XI to Implementing Regulation (EU) 2021/404. The entries for the United Kingdom and its Crown Dependency of Guernsey in Annex XI to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(11) Furthermore, Ukraine has submitted updated information to the Commission on the epidemiological situation on its territory in relation to the outbreaks of highly pathogenic avian influenza (HPAI) confirmed in poultry holdings between 4 December 2020 and 3 February 2021, and the measures it has taken to prevent the further spread of that disease. In particular, following those outbreaks of HPAI, Ukraine has implemented the measures laid down in Article 38(2) of Delegated Regulation (EU) 2020/692, namely . a stamping out policy in order to control and limit the spread of that disease, adequate cleaning and disinfection following the implementation of the stamping out policy on the infected poultry holdings, and a relevant surveillance programme demonstrating the absence of infection in the populations at risk.

(12) The Commission has evaluated the information submitted by Ukraine and concluded that those HPAI outbreaks in the poultry holdings have been cleared and that there is no longer any risk associated with the entry into the Union of consignments of poultry commodities from the areas of Ukraine from where the entry into the Union of poutlry commoditites was prohibited due to those outbreaks.

(13) The entries for Ukraine in the table in Part 1 of Annex XIV to Implementing Regulation (EU) 2021/404 should consequently take account of the current epidemiological situation in that third country. Annex XIV to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.

(14) The table in Part 1 of Annex XVII to Implementing Regulation (EU) 2021/404 sets out the list of third countries or territories, or zones thereof, authorised for the entry into the Union of 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 Implementing Regulation (EU) No 605/2010 (8), as Implementing 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 corrected to include Montenegro.

(15) Implementing Regulation (EU) 2021/404 should be therefore amended and corrected accordingly.

(16) As Implementing Regulation (EU) 2021/404 applies from 21 April 2021, in the interest of legal certainty, the amendments and corrections to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.

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

HAS ADOPTED THIS REGULATION:

Article 1 Implementing Regulation (EU) 2021/404 is amended as follows: (1) in Article 3(1), point (e) is replaced by the following: ‘(e) Annex VI for captive birds and germinal products of captive birds as follows: (i) Part 1, Section A, for captive birds and germinal products of captive birds, other than captive birds referred to in Article 62 of Delegated Regulation (EU) 2020/692; (ii) Part 1, Section B, for captive birds and germinal products of captive birds based on equivalent guarantees in accordance with Article 62(1) of Delegated Regulation (EU) 2020/692’; (2) Annexes II, VI, VIII, IX, X, XI, XIV and XVII to Implementing Regulation (EU) 2021/404 are amended and corrected 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, 6 January 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 84, 31.3.2016, p. 1.

(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 Delegated Regulation (EU) 2021/1705 of 14 July 2021 amending Delegated Regulation (EU) 2020/692 supplementing Regulation (EU) 2016/429 of the European Parliament and 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 339, 24.9.2021, p. 40).

(5) Commission Delegated Regulation (EU) 2020/689 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for surveillance, eradication programmes, and disease-free status for certain listed and emerging diseases (OJ L 174, 3.6.2020, p. 211).

(6) 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.).

(7) Commission Implementing Decision (EU) 2019/294 of 18 February 2019 laying down the list of territories and third countries authorised for imports into the Union of dogs, cats and ferrets and the model animal health certificate for such imports (OJ L 48, 20.2.2019, p. 41).

(8) 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).