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)
Date: 2021-08-10
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: animal product, fishery product, food inspection, foodstuff, health control, human nutrition, import (EU), live animal, originating product, third country








L_2021288EN.01002801.xml










11.8.2021   


EN


Official Journal of the European Union


L 288/28








            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).




ANNEX



‘ANNEX II
List of third countries authorised for the entry into the Union of consignments of fresh meat, excluding offal and minced meat, and of meat preparations of wild solipeds, as referred to in Article 5 and Article 19(2)







COUNTRY ISO CODE


THIRD COUNTRY


REMARKS




NA


Namibia


Only wild game




ZA


South Africa


Only wild game








ANNEX IX
List of third countries or regions thereof authorised for the entry into the Union of consignments of certain fishery products, as referred to in Article 13, Articles 18(3), 19(4), and 20(3), and Articles 22(b) and 25(d)







COUNTRY ISO CODE


THIRD COUNTRY OR REGIONS THEREOF


REMARKS




AE


United Arab Emirates


Aquaculture: Only raw material either from Member States or from other third countries approved for imports of such raw material into the Union




AG


Antigua and Barbuda


Only live lobsters from wild catch




AL


Albania


Excluding crustaceans from aquaculture




AM


Armenia


Only live wild crayfish, heat processed non-farmed crayfish and frozen non-farmed crayfish




AO


Angola


Only wild catch




AR


Argentina


 




AU


Australia


 




AZ


Azerbaijan


Only caviar from wild catch




BA


Bosnia and Herzegovina


Excluding crustaceans from aquaculture




BD


Bangladesh


 




BJ


Benin


Only wild catch




BN


Brunei


Only aquaculture products




BQ


Bonaire, Sint Eustatius, Saba


Only wild catch




BR


Brazil


 




BS


Bahamas


Only wild catch




BY


Belarus


 




BZ


Belize


Only wild catch




CA


Canada


 




CG


Congo


Only wild catch.
Only fishery products caught, frozen and packed in their final packaging at sea




CH


Switzerland (1)



 




CI


Cote d’Ivoire


Only wild catch




CL


Chile


 




CN


China


 




CO


Colombia


 




CR


Costa Rica


 




CU


Cuba


 




CV


Cape Verde


Only wild catch




CW


Curaçao


Only wild catch




DZ


Algeria


Only wild catch




EC


Ecuador


 




EG


Egypt


Only wild catch




ER


Eritrea


Only wild catch




FJ


Fiji


Only wild catch




FK


Falkland Islands


Excluding crustaceans from aquaculture




GA


Gabon


Only wild catch




GB


United Kingdom (2)



 




GD


Grenada


Only wild catch




GE


Georgia


Only wild catch




GG


Guernsey


Only wild catch




GH


Ghana


Only wild catch




GL


Greenland


Only wild catch




GM


Gambia


Only wild catch




GN


Guinea


Only wild catch.
Only fish that has not undergone any preparation or processing operation other than heading, gutting, chilling or freezing.




GT


Guatemala


Excluding finfish from aquaculture




GY


Guyana


Only wild catch




HK


Hong Kong


Only wild catch




HN


Honduras


 




ID


Indonesia


 




IL


Israel (3)



 




IM


Isle of Man


 




IN


India


 




IR


Iran


Excluding finfish from aquaculture




JE


Jersey


Only wild catch




JM


Jamaica


Only wild catch




JP


Japan


 




KE


Kenya


 




KI


Kiribati


Only wild catch




KR


South Korea


 




KZ


Kazakhstan


Only wild catch




LK


Sri Lanka


 




MA


Morocco


Excluding crustaceans from aquaculture




MD


Moldova


Only caviar




ME


Montenegro


Excluding crustaceans from aquaculture




MG


Madagascar


 




MK


North Macedonia


 




MM


Myanmar/Burma


 




MR


Mauritania


Only wild catch




MU


Mauritius


 




MV


Maldives


Only wild catch




MX


Mexico


 




MY


Malaysia


 




MZ


Mozambique


Excluding finfish from aquaculture




NA


Namibia


Only wild catch




NC


New Caledonia


Excluding finfish from aquaculture




NG


Nigeria


Excluding finfish from aquaculture




NI


Nicaragua


Excluding finfish from aquaculture




NZ


New Zealand


 




OM


Oman


Excluding crustaceans from aquaculture




PA


Panama


 




PE


Peru


 




PF


French Polynesia


Only wild catch




PG


Papua New Guinea


Only wild catch




PH


Philippines


 




PM


Saint Pierre and Miquelon


Only wild catch




PK


Pakistan


Only wild catch




RS


Serbia


 




RU


Russia


Only wild catch




SA


Saudi Arabia


 




SB


Solomon Islands


Only wild catch




SC


Seychelles


Only wild catch




SG


Singapore


 




SH


Saint Helena
(Not including the islands of Tristan da Cunha and Ascension)


Only wild catch




Tristan da Cunha
(Not including the islands of Saint Helena and Ascension)


Only lobsters (fresh or frozen) from wild catch




SN


Senegal


Only wild catch




SR


Suriname


Only wild catch




SV


El Salvador


Only wild catch




SX


Sint Maarten


Only wild catch




TH


Thailand


 




TN


Tunisia


Excluding crustaceans from aquaculture




TR


Turkey


 




TW


Taiwan


 




TZ


Tanzania


Excluding finfish from aquaculture




UA


Ukraine


Excluding crustaceans from aquaculture




UG


Uganda


 




US


United States


 




UY


Uruguay


 




VE


Venezuela


 




VN


Vietnam


 




YE


Yemen


Only wild catch




ZA


South Africa


Only wild catch




ZW


Zimbabwe


Only wild catch








ANNEX XI
List of third countries or regions thereof authorised for the entry into the Union of consignments of frogs’ legs and of snails, as referred to in Article 17







COUNTRY ISO CODE


THIRD COUNTRY OR REGIONS THEREOF


REMARKS




AL


Albania


 




AM


Armenia


Only snails




AU


Australia


 




AZ


Azerbaijan


 




BA


Bosnia and Herzegovina


Only snails




BR


Brazil


Only frogs’ legs




BY


Belarus


Only snails




CA


Canada


Only snails




CH


Switzerland (4)



 




CI


Côte d’Ivoire


Only snails




CL


Chile


Only snails




CN


China


 




DZ


Algeria


Only snails




EG


Egypt


Only frogs’ legs




GB


United Kingdom (5)



 




GG


Guernsey


 




GH


Ghana


Only snails




ID


Indonesia


 




IM


Isle of Man


 




IN


India


Only frogs’ legs




JE


Jersey


 




MA


Morocco


Only snails




MD


Moldova


Only snails




MK


North Macedonia


Only snails




NG


Nigeria


Only snails




NZ


New Zealand


Only snails




PE


Peru


Only snails




RS


Serbia


Only snails




TH


Thailand


Only snails




TN


Tunisia


Only snails




TR


Turkey


 




UA


Ukraine


Only snails




US


United States


Only snails




VN


Vietnam


 




ZA


South Africa


Only snails








ANNEX XV
List of third countries authorised for the entry into the Union of consignments of insects as referred to in Article 24







COUNTRY ISO CODE


THIRD COUNTRY OR REGIONS THEREOF


REMARKS




CA


Canada


 




CH


Switzerland


 




GB


United Kingdom (6)



 




KR


South Korea


 




TH


Thailand


 




VN


Vietnam


 






            ’
         


(1)  In accordance with the Agreement of 21 June 1999 between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).

(2)  In accordance with 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, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex references to the United Kingdom do not include Northern Ireland.

(3)  Hereinafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

(4)  In accordance with the Agreement of 21 June 1999 between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).

(5)  In accordance with 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, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex references to the United Kingdom do not include Northern Ireland.

(6)  In accordance with 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, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex references to the United Kingdom do not include Northern Ireland.