Date: 2022-06-30Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2022/1040 of 29 June 2022 amending Annexes VI and XV to Implementing Regulation (EU) 2021/404 as regards the lists of third countries, territories or zones thereof authorised for the entry into the Union of certain captive birds and germinal products thereof and meat products from poultry (Text with EEA relevance)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
This Commission Implementing Regulation (EU) 2022/1040 amends Annexes VI and XV to Implementing Regulation (EU) 2021/404. It updates the lists of third countries, territories, or zones authorized for the entry into the Union of certain captive birds and germinal products thereof, and meat products from poultry. The regulation entered into force on the day following its publication in the Official Journal of the European Union, June 30 2022.
Key Points / Main Content:
* **Amendments to Annex VI (Captive Birds and Germinal Products)**
* The Crown Dependencies of the Isle of Man and Jersey are added to the list of third countries/territories authorized for entry into the Union of consignments of captive birds and germinal products.
* **Amendments to Annex XV (Meat Products from Poultry)**
* Morocco is now authorized for the entry into the Union of consignments of meat products from poultry, other than ratites, which have undergone risk-mitigating treatment D as specified in Annex XXVI to Delegated Regulation EU 2020/692.
Impact Analysis:
**Third Countries (Isle of Man, Jersey, Morocco):**
* Impact: Isle of Man and Jersey can now export captive birds and germinal products to the EU. Morocco can now export specific poultry meat products (excluding ratites) that have undergone treatment D to the EU.
* Action Required: Ensure compliance with relevant EU animal health requirements and provide reliable official certification.
**EU Member States:**
* Impact: Must allow the entry of consignments of captive birds and germinal products from the Isle of Man and Jersey, and specified poultry meat products from Morocco, provided they meet the stated requirements.
* Action Required: Update import controls and procedures to reflect the changes in authorized countries/territories.
**Businesses involved in trade of animals and animal products:**
* Impact: The regulation enables trade of specific goods from Morocco, Isle of Man and Jersey.
* Action Required: Ensure that the goods meet the requirements and relevant animal health regulations.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Commission Implementing Regulation EU 2021/404: A European Union regulation 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.
Regulation EU 2016/429: A regulation of the European Parliament and of the Council on transmissible animal diseases, also known as the Animal Health Law.
Commission Delegated Regulation EU 2020/692: A European Union regulation supplementing 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 or compartments thereof.
Isle of Man: A Crown Dependency located in the Irish Sea, between Great Britain and Ireland. It is being added to the list of territories authorized for entry into the Union of consignments of captive birds and germinal products thereof.
Jersey: A Crown Dependency located near the coast of Normandy, France. It is being added to the list of territories authorized for entry into the Union of consignments of captive birds and germinal products thereof.
Morocco: A country in North Africa. It is being authorized for the entry into the Union of consignments of meat products from poultry, other than ratites, which have undergone the specific riskmitigating treatment D.
Standing Committee on Plants, Animals, Food and Feed: A European Union committee whose opinion was in accordance with the measures provided for in the regulation.
30.6.2022 EN Official Journal of the European Union L 173/61
COMMISSION IMPLEMENTING REGULATION (EU) 2022/1040
of 29 June 2022
amending Annexes VI and XV to Implementing Regulation (EU) 2021/404 as regards the lists of third
countries, territories or zones thereof authorised for the entry into the Union of certain captive
birds and germinal products thereof and meat products from poultry
(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:
(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, territory or zone or
compartment thereof, listed in accordance with Article 230(1) of that Regulation.
(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 or compartments
thereof. 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 and categories of animals,
germinal products and products of animal origin, in accordance with the animal health requirements laid down in
that Delegated Regulation.
(3) Commission Implementing Regulation (EU) 2021/404(3)lays down the lists of third countries, territories, or zones
or compartments thereof, from which the entry into the Union of those species and categories of animals, germinal
products and products of animal origin, that fall within the scope of Delegated Regulation (EU) 2020/692, is
permitted. The lists and certain general rules concerning the lists are set out in Annexes I to XXII to that
Implementing Regulation.
(4) Annex VI, Part 1, Section A, to Implementing Regulation (EU) 2021/404 sets out the list of third countries or
territories, or zones thereof, authorised for entry into the Union of consignments of captive birds and germinal
products of captive birds, other than captive birds covered by the derogations referred to in Article 62 of Delegated
Regulation (EU) 2020/692.
(5) The United Kingdom have submitted to the Commission an application to authorise the entry into the Union of
consignments of captive birds and germinal products thereof, other than the captive birds referred to in Article 62
of Delegated Regulation (EU) 2020/692, from the Crown Dependencies of the Isle of Man and Jersey and provided
guarantees regarding the capacities of the competent authorities of those Crown Dependencies to ensure reliable
official certification and compliance with the relevant animal health requirements for such consignments of captive
birds and germinal products thereof intended for the entry into the Union. Those Crown Dependencies should
therefore be listed in Annex VI to Implementing Regulation (EU) 2021/404.
(1) 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 of the Council (OJ L 114, 31.3.2021, p. 1).L 173/62 EN Official Journal of the European Union 30.6.2022
(6) Annex VI to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.
(7) Annex XV, Part 1, Section A, to Implementing Regulation (EU) 2021/404 sets out the list of third countries,
territories or zones thereof authorised for the entry into the Union of consignments of meat products from
ungulates, poultry and game birds which have undergone the risk-mitigating treatments referred to in Annex XXVI
to Delegated Regulation (EU) 2020/692.
(8) Morocco has submitted an application to the Commission to be authorised for the entry into the Union of
consignments of meat products from poultry, other than ratites, and provided guarantees regarding compliance, by
that third country, with the requirements on the notification and reporting of the listed diseases referred to in
Annex I, point 1, to Delegated Regulation (EU) 2020/692 relevant for poultry, and guarantees regarding compliance
by that third country with the relevant Union animal health requirements or with equivalent requirements.
Therefore, and taking into account the poultry health situation in Morocco, it is appropriate to include that third
country in the list set out in Annex XV, Part 1, Section A, to Implementing Regulation (EU) 2021/404 as regards
meat products from poultry, other than ratites, which have undergone the specific risk-mitigating treatment ‘D’
referred to in Annex XXVI to Delegated Regulation (EU) 2020/692.
(9) Annex XV to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.
(10) Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.
(11) As Implementing Regulation (EU) 2021/404 applies from 21 April 2021, in the interest of legal certainty and to
facilitate trade, the amendments to be made to Implementing Regulation (EU) 2021/404 by this Regulation should
take effect as a matter of urgency.
(12) 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 VI and XV to Implementing Regulation (EU) 2021/404 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, 29 June 2022.
For the Commission
The President
Ursula VON DER LEYENANNEX
Annexes VI and XV to Implementing Regulation (EU) 2021/404 are amended as follows:
(1) in Annex VI, in Part 1, in Section A, the following entries for the Isle of Man and Jersey are inserted between the entries for Israel and New Zealand:
‘IM IM-0 Captive birds CAPTIVE-BIRDS
Isle of Man
Hatching eggs of captive birds HE-CAPTIVE-BIRDS
JE JE-0 Captive birds CAPTIVE-BIRDS
Jersey
Hatching eggs of captive birds HE-CAPTIVE-BIRDS’
(2) in Annex XV, in Part 1, in Section A, the entry for Morocco is replaced by the following:
‘MA MA-0 B B B B B B B D Not authorised Not authorised MPST’
Morocco
30.6.2022
EN
Official
Journal
of
the
European
Union
L
173/63