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)

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 of the Council (Text with EEA relevance)

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

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, germinal products or products of animal origin and the consignment is accompanied by the animal health certificate required to accompany consignments of such species and categories in the table set up in Part 1 of:

(a) Annex II for ungulates other than: (i) equine animals; (ii) ungulates intended for confined establishments;

(b) Annex III for ungulates intended for confined establishments;

(c) Annex IV for equine animals;

(d) Annex V for poultry and germinal products of poultry;

(e) Annex VI for captive birds and germinal products of captive birds as follows: (i) Part 1, Section A, for captive birds and germinal products of captive birds, other than captive birds referred to in Article 62 of Delegated Regulation (EU) 2020/692; (ii) Part 1, Section B, for captive birds and germinal products of captive birds based on equivalent guarantees in accordance with Article 62(1) of Delegated Regulation (EU) 2020/692;

(f) Annex VII for queen honeybees and bumble bees;

(g) Annex VIII for dogs, cats and ferrets;

(h) Annex IX for germinal products of bovine animals;

(i) Annex X for germinal products of ovine and caprine animals;

(j) Annex XI for germinal products of porcine animals;

(k) Annex XII for germinal products of equine animals

(l) Annex XIII for fresh meat of ungulates;

(m) Annex XIV for fresh meat of poultry and game birds;

(n) Annex XV for meat products from ungulates, poultry and game birds as follows: (i) Section A of Part 1 for meat products which have undergone the non-specific risk mitigating treatment A or treatments B, C or D for meat products, (in accordance with Annex XXVI to Delegated Regulation (EU) 2020/692); (ii) Section B of Part 1 for biltong/jerky type products from ungulates, poultry and game birds;

(o) Annex XVI for casings;

(p) Annex XVII for milk, colostrum and colostrum-based products and dairy products derived from raw milk and dairy products not required to undergo specific risk-mitigating treatment against foot and mouth;

(q) Annex XVIII for dairy products required to undergo a specific risk-mitigating treatment against foot and mouth;

(r) Annex XIX for eggs and egg products;

(s) Annex XX for products of animal origin intended for personal use;

(t) Annex XXI for aquatic animals of listed species, as follows: (i) Part 1, Section A, for aquatic animals of listed species intended for certain aquaculture establishments, release into the wild or other purposes, other than human consumption, as well as certain aquatic animals of listed species and products of animal origin from those listed species which are intended for human consumption; (ii) Part 1, Section B, for molluscs and crustaceans intended to be kept for ornamental purposes in closed facilities.

The competent authority shall only permit the entry into the Union of consignments of animals, germinal products and products of animal origin from the third countries, territories or zones thereof listed in the table set out in Part 1 of Annex XXII if they:

(a) are consignments of the species and categories of animals, germinal products or products of animal origin referred to in column 3 of that table and the Union is not their final destination; or

(b) are consignments of the species and categories of animals, germinal products or products of animal origin referred to in column 4 of that table and originated in and are being returned to the Union after transiting through a third country or territory.

Article 4

Specific conditions and animal health guarantees for the entry into the Union of animals, germinal products and products of animal origin

Member States shall only permit the entry into the Union of the consignments falling within the scope of Delegated Regulation (EU) 2020/692, if those consignments fulfil, where applicable, the specific conditions and animal health guarantees set out in the relevant Annex for the specific species and categories of animals, germinal products and products of animal origin and for the third country, territory or zone thereof, or compartment thereof in the case of aquaculture animals.

Article 5

Repeals

The following acts are repealed as from 21 April 2021:

— Commission Decision 2006/168/EC;

— Commission Decision 2008/636/EC;

— Commission Decision 2010/472/EU;

— Commission Implementing Decision 2011/630/EU;

— Commission Implementing Decision 2012/137/EU;

— Commission Implementing Regulation (EU) 2018/659;

— Commission Implementing Decision (EU) 2019/294;

— Commission Decision 2000/585/EC.

Article 6

Transitional provisions

Consignments of animals, germinal products and products of animal origin from third countries, territories or parts thereof authorised for entry into the Union in accordance with the following acts and, accompanied by the appropriate certificate issued in accordance with those acts, shall be permitted for entry into the Union until 15 March 2022, provided that the certificate was signed by the person authorised to sign the certificate in accordance with those acts before 15 January 2022:

— Regulation (EC) No 798/2008,

— Regulation (EC) No 1251/2008,

— Regulation (EU) No 206/2010,

— Regulation (EU) No 605/2010,

— Implementing Regulation (EU) No 139/2013,

— Implementing Regulation (EU) 2016/759,

— Implementing Regulation (EU) 2018/659,

— Decision 2006/168/EC,

— Decision 2007/777/EC,

— Decision 2008/636/EC,

— Decision 2010/472/EU,

— Decision 2011/630/EU,

— Implementing Decision 2012/137/EU,

— Implementing Decision (EU) 2019/294.

Article 7

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 21 April 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

This Annex sets out the following general rules applicable to Annexes II to XXII:

(1) Where the animal health requirements for the entry into the Union of the consignments referred to in Article 3 are fulfilled for the whole territory of a third country or territory of origin, that third country or territory is listed with the indication of its ISO code followed by an ‘0’.

(2) Where the animal health requirements for the entry into the Union of the consignments referred to in Article 3 are fulfilled only for a zone of a third country or territory of origin, that zone is listed with the indication of its ISO code followed by a number other than ‘0’. Those zones are described in Part 2 of the relevant Annex.

(3) The model animal health certificates for the consignments referred to in Article 3, as indicated in the table set out in Part 1 of the relevant Annex to this Regulation, are set out in: (a) Annex II to Commission Implementing Regulation (EU) 2021/403 (¹) (b) Annex III to Commission Implementing Regulation (EU) 2020/2235; (c) Annex II to Commission Implementing Regulation (EU) 2020/2236.

(4) The specific conditions referred to in Article 4 are set out, if any, in the table set out in Part 1 of the relevant Annex and described in the table set out in Part 3 of the same Annex.

(5) The animal health guarantees referred to in Article 4 are set out, if any, in the table set out in Part 1 of the relevant Annex and described in the table set out in Part 4 of the same Annex.

(6) The closing dates and opening dates referred to in the table set out in Part 1 of Annexes II to XXII refer to specific time restrictions applicable for the entry into the Union of consignments referred to in Article 3 from the relevant zones, as laid down in Union rules.

(7) The animal health certification requirements for Switzerland are subject to the Agreement between the European Community and the Swiss Confederation on Trade in Agricultural Products, approved by Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Federation (OJ L 114, 30.4.2002, p. 1).

(8) The animal health certificates required to be issued by the competent authority of Iceland, New Zealand and Canada, in accordance with Annexes II to XXI to this Regulation, are subject to the specific certification requirements provided for in the relevant agreements between the Union and those third countries.

(9) Entries for Israel are understood to refer to the State of Israel, and shall not apply to the geographic areas that came under the administration of the State of Israel after 5 June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

(10) When reference to Serbia is made, the territory of Kosovo (²) is not included.

(11) When referring to Kosovo, this designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

(12) 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 Windsor Framework (see Joint Declaration No 1/2023 of the Union and the United Kingdom in the Joint Committee established by 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 of 24 March 2023 (OJ L 102, 17.4.2023, p. 87)) in conjunction with Annex 2 to that Framework, for the purposes of Annexes II to XXII, references to the United Kingdom do not include Northern Ireland.

ANNEX II

PART 1

List of third countries, territories or zones thereof authorised for the entry into the Union of consignments of ungulates (other than equine animals and ungulates intended for confined establishments) as referred to in Article 3(1), point (a)

PART 2

Descriptions of zones of third countries or territories referred to in column 2 of the table set out in Part 1

PART 3

Specific conditions referred to in column 6 of the table set out in Part 1

PART 4

Animal health guarantees referred to in column 7 of the table set out in Part 1

ANNEX III

PART 1

List of third countries, territories or zones thereof authorised for the entry into the Union of consignments of ungulates intended for confined establishments as referred to in point (b) of Article 3(1)

Consignments of ungulates, except equine animals, from all third countries and territories listed in the table set out in this Part are permitted for entry into the Union from confined establishments listed in accordance with Article 29 of Delegated Regulation (EU) 2020/692 to confined establishments in the Union.

PART 2

Descriptions of zones of third countries or territories referred to in column 2 of the table set out in Part 1

None

PART 3

Specific conditions referred to in column 4 of the table set out in Part 1

PART 4

Animal health guarantees referred to in column 5 of the table set out in Part 1

The animal health guarantees provided in the table set out in Part 4 of Annex II apply.

ANNEX IV

PART 1

List of third countries or territories, or zones thereof authorised for the entry into the Union of consignments of equine animals as referred to in Article 3, point (1)(c)

PART 2

Descriptions of zones of third countries or territories referred to in column 2 of the table set out in Part 1

PART 3

Specific conditions referred to in column 6 of the table set out in Part 1

PART 4

Animal health guarantees referred to in column 7 of the table set out in Part 1

None

ANNEX V

PART 1

List of third countries, territories or zones thereof authorised for the entry into the Union of consignments of poultry and germinal products of poultry as referred to in Article 3(1), point (d).

Section A

Categories possibly permitted to enter the Union, and the animal health certificate for the consignment.

Section B

List of third countries, territories or zones thereof authorised for the entry into the Union of consignments of poultry and germinal products of poultry.