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Document 32022R0034

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)

C/2021/9757

OJ L 8, 13.1.2022, p. 1–13 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/reg_impl/2022/34/oj

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.


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