CELEX: 32021R0460
Language: en
Date: 2021-03-16 00:00:00
Title: 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)

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