Home Europe European Commission Commission Implementing Regulation (EU) 2021/256 of 18 Febru...
Date: 2021-02-19 Category: Not Applicable State: Union Government Country: Europe

Commission Implementing Regulation (EU) 2021/256 of 18 February 2021 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United Kingdom in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into and transit through the Union in relation to highly pathogenic avian influenza (Text with EEA relevance)

Issued by European Commission · Directorate-General for Health and Food Safety

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Executive Summary & Key Takeaways

Executive Summary: This regulation amends Annex I to Regulation (EC) No 798/2008, updating the list of third countries, territories, zones, or compartments from which certain poultry commodities may be imported into or transit through the Union, specifically concerning the United Kingdom due to Highly Pathogenic Avian Influenza (HPAI). It reflects the epidemiological situation in the UK following an HPAI outbreak in Glenrothes, Scotland, on February 12, 2021. The regulation entered into force on February 22, 2021. Key Points / Main Content: * **Amendment of Annex I to Regulation (EC) No 798/2008:** * Part 1 of Annex I to Regulation (EC) No 798/2008 is amended as detailed in the Annex to this regulation, replacing the entry for the United Kingdom. * **Regionalization of the United Kingdom:** * The United Kingdom, excluding Northern Ireland, is listed as a third country from which imports and transit of poultry commodities are authorized, but with regional restrictions based on HPAI presence. * **HPAI Outbreak in Glenrothes, Scotland:** * On February 12, 2021, the United Kingdom confirmed an HPAI (H5N1) outbreak in a poultry holding in Glenrothes, Scotland. * **Control Measures by the United Kingdom:** * The UK veterinary authorities implemented a 10 km control zone and a stamping-out policy. * The UK suspended issuing veterinary certificates for consignments intended for export to the Union from the whole of the territory of the United Kingdom, excluding Northern Ireland. * **Specific Restricted Areas (GB2):** * The entry for the United Kingdom (GB) is replaced with specific areas (GB2) which have trade restrictions, in various counties, islands and regions due to HPAI. Impact Analysis: European Commission: * Impact: Responsible for evaluating information submitted by the UK and implementing appropriate restrictions based on the HPAI situation. * Action Required: Monitor the epidemiological situation in the UK and adjust restrictions as necessary. United Kingdom (excluding Northern Ireland): * Impact: Subject to regionalized restrictions on poultry commodity exports to the EU based on HPAI outbreaks. * Action Required: Implement control measures to prevent the spread of HPAI, provide epidemiological information to the Commission, and comply with updated veterinary certification requirements. EU Member States: * Impact: Must apply the amended regulations regarding imports and transit of poultry commodities from the United Kingdom. * Action Required: Ensure compliance with the updated list of approved regions and veterinary certification requirements for poultry imports and transits from the UK. Poultry Producers and Exporters in the UK: * Impact: Affected by restrictions on exports from specific areas due to HPAI outbreaks. * Action Required: Comply with regional restrictions, obtain necessary veterinary certifications for exports from unaffected areas, and implement biosecurity measures to prevent HPAI.

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 country in Europe, explicitly excluding Northern Ireland in certain contexts within the document. European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, and managing the day-to-day business of the EU. Regulation (EC) No 798/2008: A European Commission regulation laying down veterinary certification requirements for imports into and transit through the Union of poultry and poultry products. Council Directive 2002/99/EC: A Council Directive laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption. Council Directive 2009/158/EC: A Council Directive on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs. Highly Pathogenic Avian Influenza (HPAI): A highly contagious viral disease affecting poultry, which is a key concern addressed in the regulation. Glenrothes, Fife, Scotland: A town in Scotland where the presence of HPAI was confirmed in a poultry holding.
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L 58/36 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 19.2.2021 COMMISSION IMPLEMENTING REGULATION (EU) 2021/256 of 18 February 2021 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United Kingdom in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into and transit through the Union in relation to highly pathogenic avian influenza (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(1), and in particular the introductory phrase of Article 8, the first subparagraph of paragraph 1 of Article 8, paragraph 4 of Article 8 and Article 9(4) thereof, Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra- Community trade in, and imports from third countries of, poultry and hatching eggs(2), and in particular Articles 23(1), 24(2) and 25(2) thereof, Whereas: (1) Commission Regulation (EC) No 798/2008(3) lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Union of poultry and poultry products (‛the commodities’). It provides that the commodities are only to be imported into and transit through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto. (2) Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to be considered as free from highly pathogenic avian influenza (HPAI). (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 (Withdrawal Agreement), and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, Directives 2002/99/EC and 2009/158/EC, as well as the Commission acts based on them, apply to and in the United Kingdom in respect of Northern Ireland after the end of the transition period provided for in the Withdrawal Agreement. (4) Therefore, the United Kingdom, excluding Northern Ireland, is listed in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of certain poultry commodities are authorised from certain parts of its territory depending on the presence of HPAI. That regionalisation of the United Kingdom is set out in Part 1 of Annex I to Regulation (EC) No 798/2008, as amended by Commission Implementing Regulation (EU) 2021/169(4). (5) On 12 February 2021, the United Kingdom confirmed the presence of HPAI of subtype H5N1 in a poultry holding in Glenrothes, Scotland. (1) OJ L 18, 23.1.2003, p. 11. (2) OJ L 343, 22.12.2009, p. 74. (3) Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1). (4) Commission Implementing Regulation (EU) 2021/169 of 11 February 2021 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United Kingdom in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into and transit through the Union in relation to highly pathogenic avian influenza (OJ L 49, 12.2.2021, p. 18).19.2.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 58/37 (6) The veterinary authorities of the United Kingdom placed a 10 km control zone around the affected holding and implemented a stamping-out policy in order to control the presence of HPAI and limit the spread of that disease. Furthermore, the veterinary authorities of the United Kingdom confirmed that they immediately suspended issuing veterinary certificates for consignments of commodities intended for export to the Union from the whole of the territory of the United Kingdom, excluding Northern Ireland. (7) The United Kingdom has submitted information to the Commission on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of HPAI which has now been evaluated by the Commission. On the basis of that evaluation, it is appropriate to place restrictions on the introduction into the Union of commodities from the area in Scotland affected by HPAI, which the veterinary authorities of the United Kingdom have placed under restrictions due to the current outbreak. (8) The entry for the United Kingdom in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 should, therefore, be amended to take account of the current epidemiological situation in that third country. (9) Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly. (10) 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 Part 1 of Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the third 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, 18 February 2021. For the Commission The President Ursula VON DER LEYENANNEX In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for the United Kingdom is replaced by the following: ‘GB – United GB-0 Whole country SPF Kingdom (*) EP, E GB-1 The whole country of the United BPP, BPR, DOC, DOR, N A Kingdom, excluding area GB-2 HEP, HER, SRP, SRA, LT20 WGM POU, RAT N GB-2 The territory of the United Kingdom corresponding to: GB-2.1 North Yorkshire County: BPP, BPR, DOC, DOR, N 1.1.2021 6.1.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10 km, centered on WGS84 LT20 dec. coordinates N54.30 and W1.47 WGM P2 1.1.2021 6.1.2021 POU, RAT N 1.1.2021 6.1.2021 P2 GB-2.2 North Yorkshire County: BPP, BPR, DOC, DOR, N 1.1.2021 8.1.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10 km, centered on WGS84 LT20 dec. coordinates N54.29 and W1.45 WGM P2 1.1.2021 8.1.2021 POU, RAT N 1.1.2021 8.1.2021 P2 GB-2.3 Norfolk County: BPP, BPR, DOC, DOR, N 1.1.2021 10.1.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10 km, centered on WGS84 LT20 dec. coordinates N52.49 and E0.95 WGM P2 1.1.2021 10.1.2021 POU, RAT N 1.1.2021 10.1.2021 P2 GB-2.4 Norfolk County: BPP, BPR, DOC, DOR, N 1.1.2021 11.1.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10 km, centered on WGS84 LT20 dec. coordinates N52.72 and E0.15 WGM P2 1.1.2021 11.1.2021 POU, RAT N 1.1.2021 11.1.2021 P2 L 58/38 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 19.2.2021GB-2.5 Derbyshire County: BPP, BPR, DOC, DOR, N 1.1.2021 17.1.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10 km, centered on WGS84 LT20 dec. coordinates N52.93 and W1.57 WGM P2 1.1.2021 17.1.2021 POU, RAT N 1.1.2021 17.1.2021 P2 GB-2.6 North Yorkshire County: BPP, BPR, DOC, DOR, N 1.1.2021 19.1.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10 km, centered on WGS84 LT20 dec. coordinates N54.37 and W2.16 WGM P2 1.1.2021 19.1.2021 POU, RAT N 1.1.2021 19.1.2021 P2 GB-2.7 Orkney Islands: BPP, BPR, DOC, DOR, N 1.1.2021 20.1.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10 km, centered on WGS84 LT20 dec. coordinates N59.28 and W2.44 WGM P2 1.1.2021 20.1.2021 POU, RAT N 1.1.2021 20.1.2021 P2 GB-2.8 Dorset County: BPP, BPR, DOC, DOR, N 1.1.2021 20.1.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10 km, centered on WGS84 LT20 dec. coordinates N51.06 and W2.27 WGM P2 1.1.2021 20.1.2021 POU, RAT N 1.1.2021 20.1.2021 P2 GB-2.9 Norfolk County: BPP, BPR, DOC, DOR, N 1.1.2021 23.1.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10 km, centered on WGS84 LT20 dec. coordinates N52.52 and E0.96 WGM P2 1.1.2021 23.1.2021 POU, RAT N 1.1.2021 23.1.2021 P2 GB-2.10 Norfolk County: BPP, BPR, DOC, DOR, N 1.1.2021 28.1.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10 km, centered on WGS84 LT20 dec. coordinates N52.52 and E0.95 WGM P2 1.1.2021 28.1.2021 POU, RAT N 1.1.2021 28.1.2021 P2 19.2.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 58/39GB-2.11 Norfolk County: BPP, BPR, DOC, DOR, N 1.1.2021 7.2.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10,4 km, centered on WGS84 LT20 dec. coordinates N52.53 and E0.66 WGM P2 1.1.2021 7.2.2021 POU, RAT N 1.1.2021 7.2.2021 P2 GB-2.12 Devon County: BPP, BPR, DOC, DOR, N 1.1.2021 31.1.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10 km, centred on WGS84 dec. LT20 coordinates N50.70 and W3.36 WGM P2 1.1.2021 31.1.2021 POU, RAT N 1.1.2021 31.1.2021 P2 GB-2.13 Near Amlwch, Isle of Anglesey, Wales: BPP, BPR, DOC, DOR, N 27.1.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10 km, centred on WGS84 dec. LT20 coordinates N53.38 and W4.30 WGM P2 27.1.2021 POU, RAT N 27.1.2021 P2 GB-2.14 Near Redcar, Redcar and Cleveland, BPP, BPR, DOC, DOR, N 8.2.2021 A England: HEP, HER, SRP, SRA, P2 The area contained within a circle of a LT20 radius of 10km, centred on WGS84 dec, WGM P2 8.2.2021 coordinates N54.57 and W1.07 POU, RAT N 8.2.2021 P2 GB-2.15 Glenrothes, Fife, Scotland: BPP, BPR, DOC, DOR, N 12.2.2021 A The area contained within a circle of a HEP, HER, SRP, SRA, P2 radius of 10km, centred on WGS84 dec, LT20 coordinates N56.23 and W3.02 WGM P2 12.2.2021 POU, RAT N 12.2.2021 P2 (*) 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.’. L 58/40 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 19.2.2021

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