Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and the Council (Text with EEA relevance)

• Date of Signature: 24 March 2021
• Published date: 31 March 2021
• Subject Matter: Veterinary legislation
• Official Gazette Publication: Official Journal of the European Union, L 114, 31 March 2021

31.3.2021 EN Official Journal of the European Union L 114/1

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COMMISSION IMPLEMENTING REGULATION (EU) 2021/404

of 24 March 2021

laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Article 230(1) thereof,

Whereas:

(1) Regulation (EU) 2016/429 lays down, inter alia, the animal health requirements for the entry into the Union of consignments of animals, germinal products and products of animal origin, and it applies from 21 April 2021. One of those animal health requirements is that those consignments must come from a third country or territory, or zone or compartment thereof, in accordance with Article 230(1) of that Regulation.

(2) Commission Delegated Regulation (EU) 2020/692 (2) supplements Regulation (EU) 2016/429 as regards the animal health requirements for the entry into the Union of consignments of certain species and categories of animals, germinal products and products of animal origin from third countries or territories or zones thereof, or compartments thereof in the case of aquaculture animals. Point (a) of Article 3 of Delegated Regulation (EU) 2020/692 provides that consignments of animals, germinal products and products of animal origin falling within its scope may only be permitted to enter into the Union if they come from a third country or territory, or zone or compartment thereof, listed for the particular species and categories of animals, germinal products and products of animal origin in accordance with the animal health requirements laid down in that Delegated Regulation.

(3) This Regulation should therefore establish the lists of third countries, territories or zones thereof, or compartments thereof in the case of aquaculture animals, from which the entry into the Union of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 should be permitted, in accordance with the criteria laid down in Article 230(1) of Regulation (EU) 2016/429.

(4) Currently, the lists of third countries and territories or zones thereof from which the entry into the Union of specific species and categories of animals, germinal products and products of animal origin is permitted, are laid down in several Commission acts. Firstly, lists are laid down in Commission Decision 2007/777/EC (3), Commission Regulation (EC) No 798/2008 (4), Commission Regulation (EC) No 119/2009 (5), Commission Regulation (EU) No 206/2010 (6), Commission Regulation (EU) No 605/2010 (7), Commission Implementing Regulation (EU) No 139/2013 (8) and Commission Implementing Regulation (EU) 2016/759 (9), all of which are repealed by Delegated Regulation (EU) 2020/692 with effect from 21 April 2021. In addition, other lists are laid down in Commission Decision 2006/168/EC (10), Commission Decision 2008/636/EC (11), Commission Regulation (EC) No 1251/2008 (12), Commission Decision 2010/472/EU (13), Commission Implementing Decision 2011/630/EU (14), Commission Implementing Decision 2012/137/EU (15), Commission Implementing Regulation (EU) 2018/659 and Commission Implementing Decision (EU) 2019/294 (16), all of which are repealed by this Implementing Regulation.

(5) Under the new animal health framework, established by Regulation (EU) 2016/429, it is appropriate to combine in a single Commission act a complete set of lists of third countries, territories or zones thereof authorised on the basis of animal health requirements for the entry into the Union of consignments of the animals, germinal products and products of animal origin falling with the scope of Delegated Regulation (EU) 2020/692. This is in line with the approach adopted by Delegated Regulation (EU) 2020/692, where the animal health requirements for the entry into the Union of those consignments are laid down in a single Commission act. In addition, it provides for more consistency and transparency of Union legislation.

(6) For that reason, Decisions 2006/168/EC, 2008/636/EC, Regulation (EC) No 1251/2008, Decision 2010/472/EU, Implementing Decisions 2011/630/EU and 2012/137/EU, Implementing Regulation (EU) 2018/659 and Implementing Decision (EU) 2019/294 should be repealed from 21 April 2021. This Regulation should therefore establish new lists of third countries and territories or zones thereof which will replace the current lists of third countries and territories or zones or compartments thereof from which the entry into the Union of consignments of animals, germinal products and products of animal origin is permitted. The current lists are drawn up with regard to both animal health and food safety, where relevant. The new lists, however, should be drawn up separately on the basis of in particular the animal health requirements provided for Regulation (EU) 2016/429 and the food safety requirements provided for in Regulation (EU) 2017/625.

(7) In certain cases, only certain zones or compartments of a third country or territory comply with all the criteria laid down in Article 230(1) of Regulation (EU) 2016/429 and the relevant animal health requirements laid down in Delegated Regulation (EU) 2020/692. In such cases, entry into the Union of certain species and categories of animals, germinal products and products of animal origin should only be permitted if they come from such zones or compartments of the third country or territory. This Regulation should therefore clearly specify in each list the zone(s), or compartment(s) in the case of aquaculture animals, of the third countries or territories which comply with those animal health requirements.

(8) Point (c) of Article 231 of Regulation (EU) 2016/429 provides that the lists laid down by the Commission pursuant to Article 230(1) of that Regulation should also specify the specific conditions and animal health guarantees concerning listed diseases to be complied by the third countries or territories. This Regulation should therefore provide, where relevant, for such specific conditions and animal health guarantees, taking into account the specific animal health situation of the third country or territory of origin or zone thereof, or compartment thereof in the case of aquaculture animals, and the specific species and categories of animals, germinal products and products of animal origin concerned.

(9) Part VI of Delegated Regulation (EU) 2020/692 sets out special rules for the entry into the Union of consignments of certain species and categories of animals, germinal products and products of animal origin for which the Union is not the final destination, and of consignments of certain species and categories of animals, germinal products and products of animal origin originating in and returning to the Union. In particular, that Regulation provides for the possibility to authorise the entry into the Union of such consignments which do not comply with all the relevant animal health requirements subject to the fulfilment of specific conditions. This Regulation should therefore lay down the specific animal health conditions that such consignments should comply with for entry into Union.

(10) Pursuant to the EEA Agreement, the EEA EFTA States are not third countries when trading with the EU Member States in areas governed by the EEA Agreement.

(11) As the rules laid down in this Regulation are to be applied in tandem with the rules laid down in Regulation (EU) 2016/429 and in Delegated Regulation (EU) 2020/692, this Regulation should also apply from 21 April 2021.

(12) 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

Subject matter and scope

This Regulation lays down the lists of third countries, territories or zones thereof, or compartments thereof in the case of aquaculture animals, from which the entry into the Union of consignments of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 is to be permitted. The lists and certain general rules concerning the lists are set out in Annexes I to XXII to this Regulation.

It also lays down specific conditions and animal health guarantees for the entry into the Union of certain consignments and specifies the model animal health certificates to be used by the third country or territory of origin of the consignments.

Article 2

Definitions

For the purpose of this Regulation, the definitions laid down in Article 2 of Delegated Regulation (EU) 2020/692 apply.

Article 3

Lists of third countries, territories or zones or compartments thereof from which the entry into the Union of animals, germinal products and products of animal origin shall be permitted

1. The competent authority shall only permit the entry into the Union of consignments of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 only if the third country or territory of origin of the consignment, or zone or compartment thereof, is listed for the specific species and category of animals...