Date: 2019-04-11Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2019/591 of 11 April 2019 amending Annex V to Regulation (EC) No 136/2004 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries authorised for the introduction into the Union of consignments of hay and straw (Text with EEA relevance.)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
This Commission Implementing Regulation (EU) 2019/591 amends Annex V to Regulation (EC) No 136/2004 to include the United Kingdom of Great Britain and Northern Ireland, Guernsey, and Jersey in the list of third countries authorized for the introduction into the Union of consignments of hay and straw. This regulation is applicable from April 13, 2019, unless Union law continues to apply to the UK on that date, addressing trade concerns following the UK's notification of withdrawal from the Union.
Key Points / Main Content:
* **Amendment of Annex V to Regulation (EC) No 136/2004:**
* The regulation amends Annex V to Regulation (EC) No 136/2004, which lists countries authorized to export hay and straw to the Union.
* The amendment adds the United Kingdom of Great Britain and Northern Ireland, Guernsey, and Jersey to this list.
* **Purpose of the Amendment:**
* The amendment is made in light of the United Kingdom's withdrawal from the Union.
* The UK has provided guarantees of compliance with Regulation (EC) No 136/2004 for an initial period of at least nine months.
* The aim is to avoid unnecessary disruption to trade after the withdrawal date.
* **Date of Application:**
* The regulation applies from April 13, 2019, unless Union law continues to apply to the UK on that date.
Impact Analysis:
* **United Kingdom of Great Britain and Northern Ireland, Guernsey, and Jersey:**
* Impact: Authorized to introduce consignments of hay and straw into the Union.
* Action Required: Ensure continued compliance with the conditions laid down in Regulation (EC) No 136/2004.
* **European Union Member States:**
* Impact: Authorized to import hay and straw from the United Kingdom of Great Britain and Northern Ireland, Guernsey, and Jersey.
* Action Required: Implement the amended Annex V to Regulation (EC) No 136/2004 in their import procedures.
* **Hay and Straw Traders/Exporters:**
* Impact: Can continue or commence trade of hay and straw between the United Kingdom of Great Britain and Northern Ireland, Guernsey, and Jersey and the European Union.
* Action Required: Ensure that consignments meet the veterinary checks requirements for plant products entering the Union from third countries.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
United Kingdom of Great Britain and Northern Ireland: A sovereign state consisting of England, Scotland, Wales and Northern Ireland. It was formerly a member of the European Union.
Commission Implementing Regulation (EU) 2019/591: A regulation amending Annex V to Regulation (EC) No 136/2004 regarding the inclusion of the United Kingdom and its Crown Dependencies in the list of third countries authorized for the introduction of hay and straw.
Regulation (EC) No 136/2004: Commission Regulation laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries.
Treaty on the Functioning of the European Union: One of the two primary treaties forming the constitutional basis of the European Union.
Council Directive 97/78/EC: Council Directive laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries.
Brussels: The de facto capital of the European Union, located in Belgium. The document was signed in Brussels.
Guernsey: A Crown Dependency of the United Kingdom.
L 100 I/20 EN Official Journal of the European Union 11.4.2019
COMMISSION IMPLEMENTING REGULATION (EU) 2019/591
of 11 April 2019
amending Annex V to Regulation (EC) No 136/2004 as regards the inclusion of the United
Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list
of third countries authorised for the introduction into the Union of consignments of hay and
straw
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the
organisation of veterinary checks on products entering the Community from third countries (1), and in particular
Article 19(1) thereof,
Whereas:
(1) On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union
pursuant to Article 50 of the Treaty on European Union (TEU). On 22 March 2019, the European Council
adopted Decision (EU) 2019/476 (2) extending the period under Article 50(3) TEU in agreement with the United
Kingdom. In accordance with that Decision, in the event that the Withdrawal Agreement is not approved by the
House of Commons by 29 March 2019 at the latest, the period provided for in Article 50(3) TEU is extended
until 12 April 2019. As the Withdrawal Agreement has not been approved by 29 March 2019, Union law will
cease to apply to and in the United Kingdom from 13 April 2019 (‘the withdrawal date’).
(2) Directive 97/78/EC lays down the principles governing the organisation of veterinary checks on products
entering the Union from third countries. Article 19(1) of that Directive provides that the Commission is to draw
up a list of plant products which are to be subjected to border veterinary checks since they can present a risk of
spreading infectious or contagious animal diseases to the Union, and a list of the third countries which may be
authorised to export those plant products to the Union.
(3) Accordingly, Annex IV to Commission Regulation (EC) No 136/2004 (3) lists hay and straw as plant products
subject to border veterinary checks, while Annex V to that Regulation lists the countries from which Member
States are authorised to import hay and straw.
(4) The United Kingdom of Great Britain and Northern Ireland has provided the necessary guarantees for that
country and certain of its Crown Dependencies to comply with the conditions laid down in Regulation (EC)
No 136/2004 for the introduction into the Union of consignments of commodities of hay and straw from the
withdrawal date by continuing to comply with Union legislation for an initial period of at least nine months.
(5) Therefore, taking into account these specific guarantees provided by the United Kingdom of Great Britain and
Northern Ireland, and in order to avoid any unnecessary disruption to trade after the withdrawal date, the United
Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies should be included in the
list of countries set out in Annex V to Regulation (EC) No 136/2004 authorised for the introduction into the
Union of consignments of hay and straw.
(6) Annex V to Regulation (EC) No 136/2004 should therefore be amended accordingly.
(7) This Regulation should apply from 13 April 2019, unless Union law continues to apply to and in the United
Kingdom of Great Britain and Northern Ireland on that date.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on
Plants, Animals, Food and Feed,
(1) OJ L 24, 30.1.1998, p. 9.
(2) European Council Decision (EU) 2019/476 taken in agreement with the United Kingdom of 22 March 2019 extending the period under
Article 50(3) TEU (OJ L 80 I, 22.3.2019, p. 1).
(3) Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border
inspection posts on products imported from third countries (OJ L 21, 28.1.2004, p. 11).11.4.2019 EN Official Journal of the European Union L 100 I/21
HAS ADOPTED THIS REGULATION:
Article 1
Annex V to Regulation (EC) No 136/2004 shall be 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.
It shall apply from 13 April 2019.
However, it shall not apply if Union law continues to apply to and in the United Kingdom of Great Britain and
Northern Ireland on that date.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 April 2019.
For the Commission
The President
Jean-Claude JUNCKERL 100 I/22 EN Official Journal of the European Union 11.4.2019
ANNEX
Annex V to Regulation (EC) No 136/2004 is amended as follows:
(a) the following lines are inserted after the entry for Chile:
‘GB United Kingdom of Great Britain and Northern Ireland
GG Guernsey’
(b) the following line is inserted after the entry for Iceland:
‘JE Jersey’