COMMISSION IMPLEMENTING REGULATION (EU) 2021/1327

of 10 August 2021

amending Annexes II, IX and XV to Implementing Regulation (EU) 2021/405 as regards the lists of third countries or regions thereof authorised for the entry into the Union of fresh meat of wild solipeds, fishery products from aquaculture, and insects, and correcting Annex XI to that Implementing Regulation as regards the list of third countries and regions thereof authorised for the entry into the Union of frogs’ legs and snails

(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 requirements 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 requirements include the identification of the animals and goods intended for human consumption which may only enter the Union from third countries or regions listed in accordance with Article 126(2)(a) of Regulation (EU) 2017/625.

(2) A third country or region thereof can only be included in the list referred to in Article 126(2)(a) of Regulation (EU) 2017/625 if it complies with the requirements laid down in Article 127 of Regulation (EU) 2017/625, and with those laid down in Article 4(a) to (f) of Delegated Regulation (EU) 2019/625. The requirement laid down in Article 4(f) of Delegated Regulation (EU) 2019/625 is the existence, implementation and communication of a residues control programme approved by the Commission, when applicable, in accordance with Council Directive 96/23/EC (3).

(3) Commission Implementing Regulation (EU) 2021/405 (4) lays down the lists of third countries and 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, while Commission Decision 2011/163/EU (5) approves the residue monitoring plans submitted by certain third countries concerning specific animals and animal products listed in the Annex to that Decision.

(4) Commission Implementing Decision (EU) 2021/653 (6) amended Decision 2011/163/EU and approved the residue monitoring plans of certain third countries, which comply with the requirement laid down in Article 4(f) of Delegated Regulation (EU) 2019/625. Some of these third countries had already submitted appropriate evidence and guarantees that the animals and goods concerned comply with the requirements laid down in Article 4(a) to (e) of Delegated Regulation (EU) 2019/625. These countries should be accordingly included in the lists laid down in Implementing Regulation (EU) 2021/405.

(5) Implementing Decision (EU) 2021/653 removed or restricted the approval of the residue monitoring plans of certain third countries, which are currently included in the lists laid down in Implementing Regulation (EU) 2021/405. The lists laid down in Implementing Regulation (EU) 2021/405 should be amended accordingly so as to remove or restrict the authorisation of these countries.

(6) Implementing Decision (EU) 2021/653 approved the residue monitoring plan of Namibia for wild game. Since Namibia provided sufficient evidence and guarantees that it fulfils the requirements of Union legislation for the entry into the Union of consignments of fresh meat, excluding offal and minced meat, and of meat preparations of wild solipeds, this country should be added to the list of third countries authorised for the entry into the Union of meat of wild solipeds laid down in Annex II to Implementing Regulation (EU) 2021/405, with the remark ‘only wild game’.

(7) Implementing Decision (EU) 2021/653 approved the residue monitoring plan of Nigeria for aquaculture with the remark ‘excluding finfish’. Since Nigeria has provided sufficient evidence and guarantees that it fulfils the requirements of Union legislation for the entry into the Union of consignments of fishery products from aquaculture, the entry of Nigeria in the list laid down in Annex IX to Implementing Regulation (EU) 2021/405 should be amended so as to authorise the country for entry into the Union of consignments of fishery products from aquaculture with the exception of finfish.

(8) Implementing Decision (EU) 2021/653 approved the residue monitoring plan of Oman for aquaculture with the remark ‘excluding crustaceans’. Since Oman has provided sufficient evidence and guarantees that it fulfils the requirements of Union legislation for the entry into the Union of consignments of fishery products from aquaculture, the entry of Oman in the list laid down in Annex IX to Implementing Regulation (EU) 2021/405 should be amended so as to authorise the country for the entry into the Union of consignments of fishery products from aquaculture with the exception of crustaceans.

(9) Implementing Decision (EU) 2021/653 added the remark ‘excluding crustaceans’ to the approval of the residue monitoring plans for aquaculture of the Falklands Islands, Montenegro, Morocco and Ukraine. Therefore, these countries should not be authorised for the entry into the Union of crustaceans from aquaculture. Annex IX to Implementing Regulation (EU) 2021/405 should therefore be amended accordingly.

(10) Implementing Decision (EU) 2021/653 added the remark ‘excluding finfish’ to the approval of the residue monitoring plans for aquaculture of Guatemala, Mozambique, Nicaragua, and Tanzania. Therefore, these countries should not be authorised for the entry into the Union of finfish from aquaculture. Annex IX to Implementing Regulation (EU) 2021/405 should therefore be amended accordingly.

(11) Implementing Decision (EU) 2021/653 amended the footnotes applying to aquaculture products. ‘Only crustaceans’ and ‘only finfish’ were replaced by ‘excluding finfish’ and ‘excluding crustaceans’, respectively. For consistency reasons, it is necessary to align the wording of the remarks in Annex IX to Implementing Regulation (EU) 2021/405 to that in Implementing Decision (EU) 2021/653.

(12) On 12 March 2021, the competent authority of the United Kingdom submitted to the Commission the relevant questionnaire for the evaluation of the entry of insects intended for human consumption into the Union. The competent authority of the United Kingdom responded satisfactorily to all questions, and therefore provided sufficient evidence and guarantees to the Commission that requirements equivalent to Article 126(1) of Regulation (EU) 2017/625 were complied with. The United Kingdom should therefore be included in the list of third countries authorised for the entry into the Union of consignments of insects laid down in Annex XV 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.

(13) Annexes II, IX and XV to Implementing Regulation (EU) 2021/405 should therefore be amended accordingly.

(14) Annex XI to Implementing Regulation (EU) 2021/405 contains errors concerning Armenia and Azerbaijan in terms of omission and product authorisation. Those errors alter the meaning of the text.

(15) Annex XI to Implementing Regulation (EU) 2021/405 should therefore be corrected accordingly.

(16) 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 II, IX, XI and XV to Implementing Regulation (EU) 2021/405 are replaced by the text set out in the Annex to this Regulation.

Article 2 This Regulation shall enter into force on the twentieth 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, 10 August 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) Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10).

(4) 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).

(5) 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).

(6) Commission Implementing Decision (EU) 2021/653 of 20 April 2021 amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (OJ L 138, 22.4.2021, p. 1).