COMMISSION IMPLEMENTING REGULATION (EU) 2021/1727

of 29 September 2021

amending and correcting Implementing Regulation (EU) 2021/404 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 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 thereof, or compartments thereof in the case of aquaculture animals. 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 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, territories or zones thereof, or in the case of aquaculture animals compartments thereof, from which the entry into the Union of those species and categories of animals and those categories of germinal products and products of animal origin that fall within the scope of Delegated Regulation (EU) 2020/692 is permitted.

(4) A minor error in the title of Implementing Regulation (EU) 2021/404 should be corrected.

(5) Entry into the Union of consignments of live aquatic animals intended for human consumption is allowed only if they comply with Section VII, Chapter V, of Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council (4) and the criteria laid down in Chapter I, points 1.17 and 1.25, of Annex I to Commission Regulation (EC) No 2073/2005 (5). Such animals may not, therefore, enter the Union, if they are destined for purification centres and, in certain circumstances, for dispatch centres. It should therefore, be clarified that, aquatic animals may not enter the Union if they are destined for certain types of aquaculture establishments. Commission Implementing Regulations (EU) 2020/2235 (6) and (EU) 2020/2236 (7) have been amended to take this into account. As a result, to ensure alignment with those Implementing Regulations and to prevent ambiguity, Article 3(1), point (t), of Implementing Regulation (EU) 2021/404, should also be amended to clarify that the list set out in Part 1 of Annex XXI to Implementing Regulation (EU) 2021/404, applies only to consignments which are destined for certain aquaculture establishments.

(6) The table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404 sets out the list of third countries, 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. In the fourth column of that table, in the entries for Iceland and New Zealand concerning cervid animals and camelid animals, a clerical mistake as regards the animal categories should be corrected and only the category ‘Animals for further keeping’ should appear. The entries for Iceland and New Zealand in the table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(7) In addition, in the fifth column of the table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404, in the entry for Greenland, a clerical mistake as regards the name of the animal health certificate for cervid animals CER-X should be corrected and replaced by CAM-CER. The entry for Greenland in the table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(8) Furthermore, in the fourth and fifth columns of the table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404, in the entries for the zones GB-1 and GB-2 in the United Kingdom (GB), ‘and intended for slaughter’ category and ‘BOV-Y’ animal health certificate should respectively be inserted to reflect the animal categories and animal health certificates set out in Commission Regulation (EU) No 206/2010 (8), which applied until 20 April 2021. The entry for the United Kingdom (GB) in the table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(9) Moreover, in the seventh column of the table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404, the entry for Canada should be amended as regards animal health guarantees to reflect the guarantees set out in Regulation (EU) No 206/2010, which applied until 20 April 2021. The entry for Canada in the table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.

(10) The table in Part 1 of Annex IV to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of equine animals. That list should be consistent with the list set out in Commission Implementing Regulation (EU) 2018/659 (9), which applied until 20 April 2021, and assigned Bahrain and Chile to the correct sanitary groups. Annex IV to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(11) The table in Part 1 of Annex VI to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of captive birds and germinal products of captive birds. Article 62 of Delegated Regulation (EU) 2020/692 provides for a derogation from the animal health requirements laid down therein for consignments of captive birds that originate from third countries or territories specifically listed for the entry into the Union of captive birds based on equivalent guarantees. That list of third countries or territories should be set out in Implementing Regulation (EU) 2021/404. Annex VI to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.

(12) The table in Part 1 of Annex VIII to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of dogs, cats and ferrets. In the fourth column of that list, in the entries for the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey, the name of animal health certificate ‘DOCAFE’ indicated for that third country and Crown Dependencies should be corrected so as to indicate ‘CANIS-FELIS-FERRETS’, in line with the animal health certificate to be used by other third countries and territories. In addition, in the fifth column of the table in Part 1 and in the first column of the table in Part 3 of Annex VIII to Implementing Regulation (EU) 2021/404, the underlining of the term ‘Rabies antibody titration test’ should be removed. The table in Part 1 and the table in Part 3 of Annex VIII to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(13) The table in Part 1 of Annex IX to Implementing Regulation (EU) 2021/404 sets out the list of third countries, 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, the entries for Canada and New Zealand should be amended as regards animal health guarantees to reflect the guarantees for infection with bluetongue virus (serotypes 1-24), infection with Brucella abortus, B. melitensis and B. suis and infection with Mycobacterium tuberculosis complex (M. bovis, M. caprae, M. tuberculosis) provided for in the seventh column of the table in Part 1of Annex II to Implementing Regulation (EU) 2021/404. In addition, the description of those animal health guarantees should be added to the table in Part 4 of Annex IX to Implementing Regulation (EU) 2021/404. The entries for Canada and New Zealand in Annex IX to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.

(14) Moreover, in the fourth column of the table in Part 1 of Annex IX to Implementing Regulation (EU) 2021/404, the entries for the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey as regards the names of the animal health certificates for oocytes embryos should be aligned with the entries in respect of other third countries and territories. For the sake of clarity, the entries for Guernsey, the Isle of Man, Jersey and the United Kingdom in the table in Part 1 of Annex IX to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(15) The table in Part 1 of Annex X to Implementing Regulation (EU) 2021/404 sets out the list of third countries, 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, the entries for Canada, Chile and New Zealand should be amended as regards animal health guarantees to reflect the guarantees for infection with bluetongue virus (serotypes 1-24) and infection with Brucella abortus, B. melitensis and B. suis provided for in the seventh column of the table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404. In addition, a description of those animal health guarantees should be added to the table in Part 4 of Annex X to Implementing Regulation (EU) 2021/404. The entries for Canada, Chile and New Zealand in Annex X to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.

(16) Moreover, in the fourth column of the table in Part 1 of Annex X to Implementing Regulation (EU) 2021/404, the entries for the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey as regards the names of the animal health certificates for oocytes embryos should be aligned with the entries in respect of other third countries and territories. For the sake of clarity, the entries for Guernsey, the Isle of Man, Jersey and the United Kingdom in the table in Part 1 of Annex X to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(17) The table in Part 1 of Annex XI to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of germinal products of porcine animals. In the fourth column of that table, the entries for the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey as regards the names of the animal health certificates for oocytes embryos should be aligned with the entries in respect of other third countries and territories. The table in Part 1 of Annex XI to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(18) The table in Part 1 of Annex XII to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of germinal products of equine animals. In the fifth column of that table, the entries for the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey as regards the names of the animal health certificates for oocytes embryos should be aligned with the entries in respect of other third countries and territories. The table in Part 1 of Annex XII to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(19) The table in Part 1 of Annex XIII to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of fresh meat of ungulates. In the fifth column of that table, the entry for Uruguay should be corrected as regards specific conditions to reflect the conditions assigned to that third country by Regulation (EU) No 206/2010, which applied until 20 April 2021. The entry for Uruguay in the table in Part 1 of Annex XIII to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(20) The table in Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 sets out the list third countries, territories or zones thereof authorised for the entry into the Union of consignments of meat products from ungulates, poultry and game birds. Consignments of meat products from farmed game from Bosnia and Herzegovina are permitted only to transit through the Union and consequently in the sixth column of that table the term ‘Not authorised’ should appear. The entry for Bosnia and Herzegovina in Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(21) In addition, in the sixth column of the table in Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404, the entry for RU-2 zone in Russia as regards farmed game ungulates, except porcine animals, a typographical mistake related to the assigned treatments should be corrected. Moreover, for the sake of clarity that entry should reflect the entry on the list set out in Part 2 of Annex II to Commission Decision 2007/777/EC (10), which applied until 20 April 2021. The entry for Russia in Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(22) Moreover, in the thirteenth column of the table in Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404, the names of the animal health certificates related to non-specific or specific risk-mitigating treatments required are either missing as in the entry for Kosovo or, as in the entry for UA-0 zone in Ukraine should not be included as that zone is not authorised for the entry into the Union of consignments of meat products from ungulates, poultry and game birds. It is therefore necessary to correct the entries for Kosovo and Ukraine in Section A of Part 1 of that Annex. The entries for Kosovo and Ukraine in Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(23) Furthermore, in the first column of the table in Section B of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404, a code of the third country is missing in the entry for Brazil. It is therefore necessary to correct that omission. The entry for Brazil in Section B of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(24) Additionally, in the second and third columns of the table in Part 2 of Annex XV to Implementing Regulation (EU) 2021/404, in the entry for Argentina, the zones in Brazil have been accidentally included. It is therefore necessary to correct the entry for Argentina by deleting the zones of Brazil and insert a separate entry for Brazil including these zones in Part 2 of that Annex. The entries for Argentina and Brazil in Part 2 of Annex XV to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(25) Annex XVI to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of casings. Uzbekistan submitted to the Commission its response to a questionnaire concerning the entry into the Union of casings in terms of animal and public health. That third country provided sufficient evidence and guarantees to the Commission to be included in the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of casings. It should therefore be included in the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of casings. Annex XVI to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.

(26) The table in Annex XVIII to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of dairy products required to undergo a specific risk-mitigating treatment against foot and mouth disease. That list should be consistent with the list set out in Annex I to Commission Regulation (EU) No 605/2010 (11), which applied until 20 April 2021, and did not include an entry for Bahrain. Annex XVIII to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(27) The table in Part 1 of Annex XXI to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories, zones or compartments thereof, authorised for the entry into the Union of consignments of live aquatic animals of listed species. Part 1 of that Annex should apply not only to certain aquatic animals of listed species, but also to products of animal origin from those aquatic animals. The introductory sentence of Part 1 and the title of the third, fourth and fifth columns of the table in that Part, should be amended to take this into account. Part 1 of Annex XXI to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.

(28) In addition, in the third column of the table in Part 1 of Annex XXI to Implementing Regulation (EU) 2021/404, the entries for CA-0 zone in Canada and US-1 zone in the United States concerning the entry of consignments of fish into the Union should be clarified to avoid any uncertainty concerning aquatic animals which are listed as vector species in Commission Implementing Regulation (EU) 2018/1882 (12), and the conditions under which they are regarded as vectors of viral haemorrhagic septicaemia. Furthermore, a clerical error has occurred concerning the listing of certain territories in the United States for the entry into the Union of consignments of listed species of fish. The content of the third column of the table in Part 1 of Annex XXI to Implementing Regulation (EU) 2021/404 of the entry for US-0 zone should apply to the entry for US-1 zone, and vice versa. The entries for Canada and the United States in Part 1 of Annex XXI to Implementing Regulation (EU) 2021/404 should therefore be amended and corrected accordingly.

(29) Moreover, in Part 1 of Annex XXI to Implementing Regulation (EU) 2021/404, the entries for the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey with respect to the entry into the Union of consignments of listed species of molluscs and crustaceans should be consistent with the list set out in Annex III to Commission Regulation (EC) No 1251/2008 (13), which applied until 20 April 2021. The entries for Guernsey, the Isle of Man, Jersey and the United Kingdom in Part 1 of Annex XXI to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(30) The table in Part 1 of Annex XXII to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories or zones thereof authorised for entry into the Union of consignments of certain species and categories of animals, germinal products and products of animal origin for which the Union is not the final destination and the list of third countries, territories or zones thereof authorised for entry into the Union of consignments of certain species and categories of animals, germinal products and products of animal origin originating and returning to the Union. In the second column of that table, the entries for Belarus, Montenegro, Republic of North Macedonia and Serbia should be completed by the missing codes of the zones. The entries for Belarus, Montenegro, Republic of North Macedonia and Serbia in Part 1 of Annex XXII to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

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

(32) 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.

(33) 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 and corrected as follows: (1) the title is replaced by the following: ‘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 of the Council’; (2) in Article 3(1), point (t) is replaced by the following: ‘(t) Annex XXI for aquatic animals of listed species intended for certain aquaculture establishments, release into the wild or other purposes, other than human consumption, as well as certain aquatic animals of listed species and products of animal origin from those listed species which are intended for human consumption.’; (3) Annexes II, IV, VI, VIII to XIII, XV, XVI, XVIII, XXI and XXII 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, 29 September 2021. 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) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).

(5) Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).

(6) Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1).

(7) Commission Implementing Regulation (EU) 2020/2236 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates for the entry into the Union and movements within the Union of consignments of aquatic animals and of certain products of animal origin from aquatic animals, official certification regarding such certificates and repealing Regulation (EC) No 1251/2008 (OJ L 442, 30.12.2020, p. 410).

(8) 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).

(9) Commission Implementing Regulation (EU) 2018/659 of 12 April 2018 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae (OJ L 110, 30.4.2018, p. 1).

(10) Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC (OJ L 312, 30.11.2007, p. 49).

(11) 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).

(12) Commission Implementing Regulation (EU) 2018/1882 of 3 December 2018 on the application of certain disease prevention and control rules to categories of listed diseases and establishing a list of species and groups of species posing a considerable risk for the spread of those listed diseases (OJ L 308, 4.12.2018, p. 21).

(13) Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species (OJ L 337, 16.12.2008, p. 41).