Commission Implementing Regulation (EU) 2022/34 of 22 December 2021 amending Annexes III, VIII, IX and XI to Implementing Regulation (EU) 2021/405 as regards the lists of third countries or regions thereof authorised for the entry into the Union of certain wild game birds intended for human consumption, of consignments of certain bivalve molluscs, echinoderms, tunicates and marine gastropods, of certain fishery products, and of frogs’ legs and snails, and repealing Decision 2007/82/EC (Text with EEA relevance)
Date: 2021-12-22
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: bird, crustacean, fishery product, food inspection, health control, human nutrition, import (EU), live animal, meat product, mollusc, third country, waste








L_2022008EN.01000101.xml










13.1.2022   


EN


Official Journal of the European Union


L 8/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2022/34
of 22 December 2021
         
amending Annexes III, VIII, IX and XI to Implementing Regulation (EU) 2021/405 as regards the lists of third countries or regions thereof authorised for the entry into the Union of certain wild game birds intended for human consumption, of consignments of certain bivalve molluscs, echinoderms, tunicates and marine gastropods, of certain fishery products, and of frogs’ legs and snails, and repealing Decision 2007/82/EC
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b) thereof,


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) (2), and in particular Article 127(2) and (4),

Whereas:







(1)


Commission Delegated Regulation (EU) 2019/625 (3) sets out 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. In particular, entry into the Union of those goods and animals is subject to the requirement that they come from a third country or region thereof which is included in a list in accordance with Article 126(2)(a) of Regulation (EU) 2017/625.












(2)


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 Article 126(2)(a) of Regulation (EU) 2017/625.












(3)


In order to be listed, a third country or region thereof is to comply with the requirements laid down in Article 127 of Regulation (EU) 2017/625 and with those laid down in Article 4 of Delegated Regulation (EU) 2019/625.












(4)


Article 4, point (f), of Delegated Regulation (EU) 2019/625 provides that the existence, implementation and communication of a residues control programme approved by the Commission, when applicable, is a prerequisite for the inclusion of third countries or regions thereof in the list referred to in Article 126(2)(a) of Regulation (EU) 2017/625. Commission Decision 2011/163/EU (5) approved the residue monitoring plans submitted by certain third countries concerning specific animals and animal products listed in the Annex to that Decision.












(5)


Commission Implementing Decision (EU) 2021/2315 (6) removed the approval of the residue monitoring plan of Tunisia for wild game. Tunisia should therefore be removed from the list of third countries authorised for the entry into the Union of certain wild game birds intended for human consumption, set out in Annex III to Implementing Regulation (EU) 2021/405. Tunisia has been informed accordingly.












(6)


Implementing Decision (EU) 2021/2315 approved the monitoring plan of Ukraine for marine gastropods within the subcategory ‘molluscs’. Since Ukraine has provided appropriate evidence and guarantees that it fulfils the requirements of Union legislation for the entry into the Union of consignments of marine gastropods from aquaculture, that third country should be added in the list of third countries or regions thereof authorised for the entry into the Union of consignments of certain bivalve molluscs, echinoderms, tunicates and marine gastropods, set out in Annex VIII to Implementing Regulation (EU) 2021/405. Ukraine has been informed accordingly.












(7)


Implementing Decision (EU) 2021/2315 divided the category ‘aquaculture products’ in the Annex to Decision 2011/163/EU into the four sub-categories ‘finfish’, ‘products of finfish’, e.g. caviar, ‘crustaceans’ and ‘molluscs’. For reasons of consistency and clarity, it is appropriate to amend Annex IX to Implementing Regulation (EU) 2021/405, in order to specify the subcategories of aquaculture products for which the third countries are authorised, where relevant.












(8)


Implementing Decision (EU) 2021/2315 approved the residue monitoring plans for aquaculture products of Albania, Argentina, Belarus, Bosnia Herzegovina, Chile, Falkland Islands, Faroes, Isle of Man, Israel, Japan, Kenya, Mauritius, Moldova, Montenegro, New Zealand, North Macedonia, Serbia, Singapore, Switzerland, Tunisia, Turkey, Uganda, Ukraine, United Kingdom and Uruguay, where applicable among other things, with respect to the subcategory ‘finfish’. It is therefore appropriate to amend Annex IX to Implementing Regulation (EU) 2021/405 in order to reflect that approval. Those third countries have been informed accordingly.












(9)


Implementing Decision (EU) 2021/2315 approved the residue monitoring plans for aquaculture products of Bangladesh, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Honduras, India, Indonesia, Malaysia, Mexico, Morocco, Myanmar/Burma, Panama, Peru, Philippines, Saudi Arabia, South Korea, Sri Lanka, Taiwan, Thailand, United States and Vietnam, where applicable among other things, with respect to the subcategories ‘finfish’ and ‘crustaceans’. It is therefore appropriate to amend Annex IX to Implementing Regulation (EU) 2021/405 in order to reflect that approval. Those third countries have been informed accordingly.












(10)


Implementing Decision (EU) 2021/2315 approved the residue monitoring plans for aquaculture products of Belize, Brunei, Cuba, Guatemala, Mozambique, New Caledonia, Nicaragua, Nigeria, Tanzania and Venezuela with respect to the subcategory ‘crustaceans’. It is therefore appropriate to amend Annex IX to Implementing Regulation (EU) 2021/405 in order to reflect that approval. Those third countries have been informed accordingly.












(11)


Implementing Decision (EU) 2021/2315 approved the residue monitoring plan for aquaculture products of Iran with respect to the subcategories ‘products of finfish (caviar)’ and ‘crustaceans’. Since Iran has now provided sufficient evidence and guarantees that it fulfils the requirements of Union legislation for the entry into the Union of consignments of products of finfish (caviar) and crustaceans from aquaculture, it is appropriate to amend its entry in the list of third countries or regions thereof authorised for the entry into the Union of consignments of certain fishery products, set out in Annex IX to Implementing Regulation (EU) 2021/405. Iran has been informed accordingly.












(12)


Implementing Decision (EU) 2021/2315 withdrew the approval of the residue monitoring plan of Oman for finfish. Oman should therefore be removed from the list of third countries or regions thereof authorised for the entry into the Union of consignments of certain fishery products, set out in Annex IX to Implementing Regulation (EU) 2021/405. Oman has been informed accordingly.












(13)


Annex XI to Implementing Regulation (EU) 2021/405 establishes the list of third countries or regions thereof authorised for the entry into the Union of consignments of frogs’ legs and of snails. Georgia and Russia should be added to that list for snails since they provided appropriate evidence and guarantees that they fulfil the requirements of Union legislation for the entry into the Union of consignments of those goods.












(14)


Commission Decision 2007/82/EC (7) requires Member States to prohibit the import from Guinea of all fishery products intended for human consumption. The Commission carried out an audit in Guinea in 2019, in order to evaluate the control systems in place governing fishery products intended for human consumption and export to the Union. On 7 May 2021, the Commission informed Guinea that the information provided was satisfactory and that the 2019 audit had been closed successfully. Decision 2007/82/EC should therefore be repealed. In the light of the outcome of the audit, it is appropriate to continue listing Guinea in Annex IX to Implementing Regulation (EU) 2021/405 as a third country authorised for the entry into the Union of consignments of wild caught fish that has not undergone any preparation or processing operation other than heading, gutting, chilling or freezing.












(15)


Annexes III, VIII, IX and XI to Implementing Regulation (EU) 2021/405 should therefore be amended accordingly.












(16)


For reasons of consistency with Decision 2011/163/EU and in the interest of legal certainty, this Regulation should enter into force as a matter of urgency.












(17)


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


Article 2
Decision 2007/82/EC is repealed.


Article 3
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, 22 December 2021.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 31, 1.2.2002, p. 1.

(2)  
            OJ L 95, 7.4.2017, p. 1.

(3)  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).

(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) 2021/2315 of 17 December 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 464, 28.12.2021, p. 17).

(7)  Commission Decision 2007/82/EC of 2 February 2007 on emergency measures suspending imports from the Republic of Guinea of fishery products intended for human consumption (OJ L 28, 3.2.2007, p. 25).




ANNEX



‘ANNEX III

List of third countries from which unplucked and uneviscerated wild game birds intended for human consumption shall only be authorised for entry into the Union if they are transported by aeroplane, as referred to in Article 6








COUNTRY ISO CODE


THIRD COUNTRY


REMARKS




AR


Argentina


 




BR


Brazil


 




CA


Canada


 




CL


Chile


 




IL


Israel (1)



 




NZ


New-Zealand


 




TH


Thailand


 




US


United States


 








ANNEX VIII

List of third countries or regions thereof authorised for the entry into the Union of consignments of live, chilled, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods, as referred to in Article 12








COUNTRY ISO CODE


THIRD COUNTRY OR REGIONS THEREOF


REMARKS




AU


Australia


 




CA


Canada


 




CH


Switzerland (2)



 




CL


Chile


 




GB


United Kingdom (3)



 




GG


Guernsey


Only wild catch




GL


Greenland


Only wild catch




IM


Isle of Man


 




JE


Jersey


Only wild catch




JM


Jamaica


Only marine gastropods from wild catch




JP


Japan


Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods




KR


South Korea


Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods




MA


Morocco


Processed bivalve molluscs belonging to the species Acanthocardia tuberculatum shall be accompanied by:






(a)


an additional health attestation in accordance with the model MOL-AT set out in Chapter 32 of Annex III to Commission Implementing Regulation (EU) 2020/2235 (4); and










(b)


the analytical results of the test demonstrating that the molluscs do not contain a paralytic shellfish poison (PSP) level detectable by the bioassay method








NZ


New Zealand


 




PE


Peru


Only eviscerated Pectinidae (scallops) of aquaculture origin




TH


Thailand


Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods




TN


Tunisia


 




TR


Turkey


As regards bivalve molluscs, only frozen or processed bivalve molluscs




UA


Ukraine


Only marine gastropods




US


United States


Only products originating from Washington State and Massachusetts




UY


Uruguay


 




VN


Vietnam


Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods








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


Aquaculture: Only finfish




AM


Armenia


Only live, heat processed and frozen crayfish from wild catch




AO


Angola


Only wild catch




AR


Argentina


Aquaculture: Only finfish




AU


Australia (5)



 




AZ


Azerbaijan


Only caviar from wild catch




BA


Bosnia and Herzegovina


Aquaculture: Only finfish




BD


Bangladesh


Aquaculture: Only finfish and crustaceans




BJ


Benin


Only wild catch




BN


Brunei


Aquaculture: Only crustaceans




BQ


Bonaire, Sint Eustatius, Saba


Only wild catch




BR


Brazil


Aquaculture: Only finfish and crustaceans




BS


Bahamas


Only wild catch




BY


Belarus


Aquaculture: Only finfish




BZ


Belize


Aquaculture: Only crustaceans




CA


Canada


Aquaculture: Only finfish and crustaceans




CG


Congo


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




CH


Switzerland (6)



Aquaculture: Only finfish




CI


Cote d'Ivoire


Only wild catch




CL


Chile


Aquaculture: Only finfish




CN


China


Aquaculture: Only finfish and crustaceans




CO


Colombia


Aquaculture: Only finfish and crustaceans




CR


Costa Rica


Aquaculture: Only finfish and crustaceans




CU


Cuba


Aquaculture: Only crustaceans




CV


Cape Verde


Only wild catch




CW


Curaçao


Only wild catch




DZ


Algeria


Only wild catch




EC


Ecuador


Aquaculture: Only finfish and crustaceans




EG


Egypt


Only wild catch




ER


Eritrea


Only wild catch




FJ


Fiji


Only wild catch




FK


Falkland Islands


Aquaculture: Only finfish




FO


Faroe Islands


Aquaculture: Only finfish




GA


Gabon


Only wild catch




GB


United Kingdom (7)



Aquaculture: Only finfish




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


Aquaculture: Only crustaceans




GY


Guyana


Only wild catch




HK


Hong Kong


Only wild catch




HN


Honduras


Aquaculture: Only finfish and crustaceans




ID


Indonesia


Aquaculture: Only finfish and crustaceans




IL


Israel (8)



Aquaculture: Only finfish




IM


Isle of Man


Aquaculture: Only finfish




IN


India


Aquaculture: Only finfish and crustaceans




IR


Iran


Aquaculture: only products of finfish (caviar) and crustaceans




JE


Jersey


Only wild catch




JM


Jamaica


Only wild catch




JP


Japan


Aquaculture: Only finfish




KE


Kenya


Aquaculture: Only finfish




KI


Kiribati


Only wild catch




KR


South Korea


Aquaculture: Only finfish and crustaceans




KZ


Kazakhstan


Only wild catch




LK


Sri Lanka


Aquaculture: Only finfish and crustaceans




MA


Morocco


Aquaculture: Only finfish and crustaceans




MD


Moldova


Aquaculture: Only finfish




ME


Montenegro


Aquaculture: Only finfish




MG


Madagascar (5)



 




MK


North Macedonia


Aquaculture: Only finfish




MM


Myanmar/Burma


Aquaculture: Only finfish and crustaceans




MR


Mauritania


Only wild catch




MU


Mauritius


Aquaculture: Only finfish




MV


Maldives


Only wild catch




MX


Mexico


Aquaculture: Only finfish and crustaceans




MY


Malaysia


Aquaculture: Only finfish and crustaceans




MZ


Mozambique


Aquaculture: Only crustaceans




NA


Namibia


Only wild catch




NC


New Caledonia


Aquaculture: Only crustaceans




NG


Nigeria


Aquaculture: Only crustaceans




NI


Nicaragua


Aquaculture: Only crustaceans




NZ


New Zealand


Aquaculture: Only finfish




PA


Panama


Aquaculture: Only finfish and crustaceans




PE


Peru


Aquaculture: Only finfish and crustaceans




PF


French Polynesia


Only wild catch




PG


Papua New Guinea


Only wild catch




PH


Philippines


Aquaculture: Only finfish and crustaceans




PM


Saint Pierre and Miquelon


Only wild catch




PK


Pakistan


Only wild catch




RS


Serbia


Aquaculture: Only finfish




RU


Russia


Only wild catch




SA


Saudi Arabia


Aquaculture: Only finfish and crustaceans




SB


Solomon Islands


Only wild catch




SC


Seychelles


Only wild catch




SG


Singapore


Aquaculture: Only finfish




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


Aquaculture: Only finfish and crustaceans




TN


Tunisia


Aquaculture: Only finfish




TR


Turkey


Aquaculture: Only finfish




TW


Taiwan


Aquaculture: Only finfish and crustaceans




TZ


Tanzania


Aquaculture: Only crustaceans




UA


Ukraine


Aquaculture: Only finfish




UG


Uganda


Aquaculture: Only finfish




US


United States


Aquaculture: Only finfish and crustaceans




UY


Uruguay


Aquaculture: Only finfish




VE


Venezuela


Aquaculture: Only crustaceans




VN


Vietnam


Aquaculture: Only finfish and crustaceans




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 (9)



 




CI


Côte d’Ivoire


Only snails




CL


Chile


Only snails




CN


China


 




DZ


Algeria


Only snails




EG


Egypt


Only frogs’ legs




GB


United Kingdom (10)



 




GE


Georgia


Only snails




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




RU


Russia


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






            ’
         


(1)  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.

(2)  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).

(3)  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.

(4)  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).

(5)  These third countries or regions thereof can export all fishery products (finfish, products of finfish and crustaceans).

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

(7)  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.

(8)  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.

(9)  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).

(10)  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.