Commission Implementing Regulation (EU) 2021/460 of 16 March 2021 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)
Date: 2021-03-16
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: Ukraine, avian influenza, customs transit, egg, health certificate, import (EU), import restriction, poultry, poultrymeat, veterinary inspection








L_2021091EN.01000701.xml










17.3.2021   


EN


Official Journal of the European Union


L 91/7








            COMMISSION IMPLEMENTING REGULATION (EU) 2021/460
of 16 March 2021
         
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 paragraph 1 of Article 8, paragraph 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.












(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 the table 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) 2020/352 (4), following the confirmation of an outbreak of HPAI of subtype H5N8 on 19 January 2020.












(4)


Following the outbreak of HPAI, Ukraine has implemented a stamping out policy in order to control and limit the spread of that disease. In addition, Ukraine completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on the poultry holding where the HPAI outbreak was confirmed in January 2020. Ukraine has submitted updated information on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of HPAI, which were evaluated by the Commission.












(5)


On the basis of that evaluation it is concluded that that outbreak has 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) 2020/352.












(6)


On 4 December 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. Following that outbreak, Ukraine has confirmed further HPAI outbreaks of subtype H5 in poultry holdings on its territory.












(7)


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












(8)


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












(9)


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












(10)


Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.












(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
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, 16 March 2021.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 18, 23.1.2003, p. 11.

(2)  
            OJ L 343, 22.12.2009, p. 74.

(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 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 lists 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 (OJ L 65, 4.3.2020, p. 4).




ANNEX
In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for 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


7.3.2020


 


 


 




POU, RAT


 


P2


30.11.2016


7.3.2020


 


 


 




UA-2.2


Odessa Oblast (region)


WGM


 


P2


4.1.2017


7.3.2020


 


 


 




POU, RAT


 


P2


4.1.2017


7.3.2020


 


 


 




UA-2.3


Chernivtsi Oblast (region)


WGM


 


P2


4.1.2017


7.3.2020


 


 


 




POU, RAT


 


P2


4.1.2017


7.3.2020


 


 


 




UA-2.4


Vinnytsia Oblast (region), Nemyriv Raion (district), municipalities:
Berezivka village
Bratslav village
Budky village
Bugakiv village
Chervone village
Chukiv village
Danylky village
Dovzhok village
Horodnytsia village
Hrabovets village
Hranitne village
Karolina village
Korovayna village
Korzhiv village
Korzhivka village
Kryklivtsi village
Maryanivka village
Melnykivtsi village
Monastyrok village
Monastyrske village
Nemyriv City
Novi Obyhody village
Ostapkivtsi village
Ozero village
Perepelychcha village
Rachky village
Salyntsi village
Samchyntsi village
Sazhky village
Selevintsi village
Sholudky village
Slobidka village
Sorokoduby village
Sorokotiazhyntsi village
Velyka Bushynka village
Vovchok village
Vyhnanka village
Yosypenky village
Zarudyntsi village
Zelenianka village


WGM


 


P2


19.1.2020


20.3.2021


 


 


 




POU, RAT


 


P2


19.1.2020


20.3.2021’


 


 


 




UA-2.5


Mykolaiv Oblast (region)
Kherson Oblast (region), Khersonskyi (Bilozerskyi) Raion (district), municipalities:
Tavriyske village
Nova zoria village


WGM


 


P2


4.12.2020


 


 


 


 




POU, RAT


 


P2


4.12.2020


 


 


 


 




UA-2.6


Kyiv Oblast (region):
Ivankiv Raion (district),
municipalities:
Leonivka village
Blidcha village
Kolentsi village
Zymovyshche village
Rudnia-Talska village
Sosnivka village
Borodianka Raion (district), municipalities:
Koblytsia village
Talske village
Myrcha village
Stara Buda village,
Velykyi Lis village
Krasnyi Rih village
Mykhailivskyi small village


WGM


 


P2


24.12.2020


 


 


 


 




POU, RAT


 


P2


24.12.2020


 


 


 


 




UA-2.7


Kyiv Oblast (region):
Borodianka Raion (district), municipalities:
Borodianka town
Kachaly village
Shybene village
Nebrat village
Nove Zalissia village
Berestianka village
Zdvyzhivka village
Babyntsi village
Buda-Babynetska village
Klavdiyevo-Tarasove town
Poroskoten village
Pylypovychi village
Nova Hreblia village
Vablia village
Druzhnia village
Halynka village
Zahaltsi village
Mykhailivskyi (Mykhailenkiv) village
country estate “Blyzhni sady”
Buchanskyi Raion (district), municipalities: Nemishayeve town
Mykulychi village
Dibrova village
Kozyntsi village
Chervona hilka village
Plakhtianka village
Myrotske village
part of Vorzel town restricted by Bilostotskykh and Pushkina str.


WGM


 


P2


27.12.2020


 


 


 


 




POU, RAT


 


P2


27.12.2020


 


 


 


 




UA-2.8


Kherson Oblast (region):
Kakhovskyi Raion (district), municipalities:
Zaozerne village
Skvortsivka village
Maryanivka village
Slynenko village
Olhivka village
Novotroyitskyi Raion (district), municipalities:
Volodymyro-Ilyinka village
Sofiivka village
Katerynivka village


WGM


 


P2


29.12.2020


 


 


 


 




POU, RAT


 


P2


29.12.2020


 


 


 


 




UA-2.9


Kyiv Oblast (region), Kyiv city:
The area contained within a circle of a 10 km radius centred on Hostomel village of Buchanskyi Raion, and extending in a clockwise fashion:






(a)


North, Northwest, West, Southwest: Kyiv region (oblast), Buchanskyi Raion (district), municipalities: Moshchun village, Hostomel town, Kotsiubynske town, Irpin city, Bucha city, Horenka village.










(b)


Northeast, East, Southeast, South: Boundary of Kyiv Region (oblast) with Obolonskyi, Podilskyi, Shevchenkivskyi Raions (districts) of Kyiv city from intersection of Polarna str., Avtozavodska Str., Semena Skliarenko str. the intersection with the Oleny Telihy str., Oleksandra Dovzhenko str. to the intersection with Peremohy Avenue






WGM


 


P2


18.1.2021


 


 


 


 




POU, RAT


 


P2


18.1.2021


 


 


 


 




UA-2.10


Donetsk Oblast (region):
Volnovaskyi (ex Velykonovosilkivskyi) district, municipalities:
Vesele village
Fedorivka villagetoSkudne village
Dniproenerhiia village
Velyka Novosilka town
Rozdolne village
Novyi Komar village
Perebudova village
Novoocheretuvate village
Myrne village
Ordadne village
Komar village
Vremivka village
Voskresenka village
Vilne Pole village
Shevchenko village
Burlatske village
Pryvilne village
Dnipropetrovsk Oblast (region):
Prokrovskyi district, municipalities:
Maliivka village


WGM


 


P2


3.2.2021


 


 


 


 




POU, RAT


 


P2


3.2.2021