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Document 32021R0634
Commission Implementing Regulation (EU) 2021/634 of 15 April 2021 amending Implementing Regulation (EU) 2021/404 as regards transitional arrangements, the entries of the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey and the list of third countries authorised for the entry into the Union of dairy products required to undergo a specific risk-mitigating treatment against foot and mouth disease (Text with EEA relevance)
Commission Implementing Regulation (EU) 2021/634 of 15 April 2021 amending Implementing Regulation (EU) 2021/404 as regards transitional arrangements, the entries of the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey and the list of third countries authorised for the entry into the Union of dairy products required to undergo a specific risk-mitigating treatment against foot and mouth disease (Text with EEA relevance)
Commission Implementing Regulation (EU) 2021/634 of 15 April 2021 amending Implementing Regulation (EU) 2021/404 as regards transitional arrangements, the entries of the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey and the list of third countries authorised for the entry into the Union of dairy products required to undergo a specific risk-mitigating treatment against foot and mouth disease (Text with EEA relevance)
C/2021/2663
OJ L 132, 19.4.2021, p. 108–144
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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19.4.2021 |
EN |
Official Journal of the European Union |
L 132/108 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/634
of 15 April 2021
amending Implementing Regulation (EU) 2021/404 as regards transitional arrangements, the entries of the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey and the list of third countries authorised for the entry into the Union of dairy products required to undergo a specific risk-mitigating treatment against foot and mouth disease
(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:
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(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. |
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(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. Article 3, first paragraph, point (a) 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 of animals, germinal products and products of animal origin in accordance with the animal health requirements laid down in that Delegated Regulation. |
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(3) |
Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries, territories or zones thereof, or in the case of aquaculture animals compartments thereof, from which the entry into the Union of those species and categories of animals and those categories of germinal products and products of animal origin that fall within the scope of Delegated Regulation (EU) 2020/692 is permitted. |
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(4) |
Implementing Regulation (EU) 2021/404 provides for transitional provisions as regards the entry into the Union of consignments of animals, germinal products and products of animal origin from third countries, territories or zones thereof authorised for entry into the Union pursuant Commission acts that cease to apply from 21 April 2021 accompanied by the appropriate certificate issued in accordance with those Commission acts. It should be clarified in those transitional provisions that references to provisions of repealed acts within the certificate should be construed as references to corresponding replacement provisions and shall be read in accordance with the correlation tables, where applicable. |
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(5) |
The United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey should be included in Annexes II to XVII and Annexes XIX, XXI and XXII to Implementing Regulation (EU) 2021/404, without prejudice to the application of Union law to and in the United Kingdom in respect of Northern Ireland in accordance with Article 5(4) of the Protocol on Ireland/Northern Ireland to 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 in conjunction with Annex 2 to that Protocol. |
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(6) |
The transition period provided for in 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 ended on 31 December 2020. Germinal products of bovine, ovine, caprine, porcine and equine animals which were collected or produced, processed and stored in the United Kingdom before 1 January 2021 and are intended for entry into the Union from 21 April 2021 should be accompanied by certificates based on model certificates for consignments of germinal products moved within the Union set out in Annex I to Commission Implementing Regulation (EU) 2021/403 (4). Therefore, this specific condition should be specified in the relevant column of the lists of third countries, territories or zones thereof from which the entry into the Union of germinal products of bovine, ovine, caprine, porcine and equine animals is permitted. |
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(7) |
Annex XVIII to Implementing Regulation (EU) 2021/404 lays down the list of third countries, territories or zones thereof authorised from 21 April 2021 for the entry into the Union of dairy products provided that those dairy products have undergone a specific risk-mitigating treatment against foot and mouth disease. The list provided for in Annex XVIII to Implementing Regulation (EU) 2021/404 should reflect the list in column C of Annex I to Commission Implementing Regulation (EU) No 605/2010 (5) applicable until 20 April 2021. Annex XVIII to Implementing Regulation (EU) 2021/404 should therefore be amended to include Mexico, Namibia, Nicaragua, Panama, Paraguay, Russia and Singapore. |
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(8) |
In order to avoid any ambiguity between public and animal health requirements for the entry into the Union of certain live aquatic animals intended for human consumption, the specific conditions provided for in Part 3 of Annex XXI to Implementing Regulation (EU) 2021/404 related to the use of the model official certificate MOL-HC set out in Chapter 31 of Annex III to Commission Implementing Regulation (EU) 2020/2235 (6), should be amended to clarify that consignments of live aquatic animals intended for human consumption that comply with Section VII, Chapter V, of Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council (7) and the criteria laid down in Chapter I, points 1.17 and 1.25, of Annex I to Commission Regulation (EC) No 2073/2005 (8) can enter the Union only if accompanied by a certificate drawn up in compliance with that model official certificate. |
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(9) |
Implementing Regulation (EU) 2021/404 should therefore be amended accordingly. |
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(10) |
In the interest of legal certainty, this Regulation should enter into force as a matter of urgency. |
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(11) |
The measures provided for in this Regulation are in accordance with the opinion the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Implementing Regulation (EU) 2021/404 is amended as follows:
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(1) |
Article 6 is replaced by the following: ‘Article 6 Transitional provisions 1. 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 20 October 2021, provided that the certificate was signed by the person authorised to sign the certificate in accordance with those acts before 21 August 2021:
2. References to provisions of repealed acts within the certificate referred to in paragraph 1 shall be construed as references to corresponding replacement provisions and shall be read in accordance with the correlation tables, where applicable.’; |
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(2) |
Annexes I to XIX and Annexes XXI and XXII are amended in accordance with the Annex to this Regulation. |
Article 2
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, 15 April 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) 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’) (OJ L 84, 31.3.2016, p. 1)
(2) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379)
(3) 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 (OJ L 114, 31.3.2021, p. 1).
(4) Commission Implementing Regulation (EU) 2021/403 of 24 March 2021 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 and model animal health/official certificates, for the entry into the Union and movements between Member States of consignments of certain categories of terrestrial animals and germinal products thereof, official certification regarding such certificates and repealing Decision 2010/470/EU (OJ L 113, 31.3.2021, p. 1).
(5) Commission Regulation (EU) No 605/2010 of 2 July 2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption (OJ L 175, 10.7.2010, p. 1).
(6) 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).
(7) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).
(8) Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).
ANNEX
Annexes I to XIX and Annexes XXI and XXII to Implementing Regulation (EU) 2021/404 are amended as follows:
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(1) |
in Annex I, the following point is added:
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(2) |
Annex II is amended as follows:
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(3) |
Annex III is amended as follows:
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(4) |
Annex IV is amended as follows:
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(5) |
Annex V is amended as follows:
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(6) |
in Part 1 of Annex VI, the following entry is inserted after the entry for Chile:
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(7) |
Annex VII is amended as follows:
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(8) |
Annex VIII is amended as follows:
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(9) |
Annex IX is amended as follows:
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(10) |
Annex X is amended as follows:
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(11) |
Annex XI is amended as follows:
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(12) |
Annex XII is amended as follows:
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(13) |
Annex XIII is amended as follows:
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(14) |
Annex XIV is amended as follows:
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(15) |
Annex XV is amended as follows:
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(16) |
Annex XVI is amended as follows:
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(17) |
Annex XVII is amended as follows:
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(18) |
in Part 1 of Annex XVIII, the following entries are inserted after the entry for Mauritius:
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(19) |
in Part 1 of Annex XIX, the following entry is inserted after the entry for China:
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(20) |
Annex XXI is amended as follows:
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(21) |
Annex XXII is amended as follows:
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(*1) Commission Implementing Regulation (EU) 2021/403 of 24 March 2021 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 and model animal health/official certificates, for the entry into the Union and movements between Member States of consignments of certain categories of terrestrial animals and germinal products thereof, official certification regarding such certificates and repealing Decision 2010/470/EU (OJ L 113, 31.3.2021, p. 1).’;
(*2) 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).
(*3) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).
(*4) Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).’;
(*5) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).’;
(*6) Commission Implementing Regulation (EU) 2020/2236 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 for the entry into the Union and movements within the Union of consignments of aquatic animals and of certain products of animal origin from aquatic animals, official certification regarding such certificates and repealing Regulation (EC) No 1251/2008 (OJ L 442, 30.12.2020, p. 410).’.