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Commission Implementing Regulation (EU) 2021/1937 of 9 November 2021 amending Implementing Regulation (EU) 2021/404 as regards the entry into the Union of consignments of molluscs and crustaceans intended to be kept for ornamental purposes in closed facilities and laying down the list of third countries or territories, or the zones or compartments thereof from which the entry into the Union of such consignments is authorised (Text with EEA relevance)

In forceVersion 2021-11-09from 2021-11-11
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Contents
  1. Preamble
    1. Article 1
    2. Article 2
  3. ANNEX
  4. ANNEX
  5. ANNEX XXI AQUATIC ANIMALS
    1. SECTION B List of third countries or territories, or the zones or compartments thereof from which the entry into the Union of consignments of molluscs and crustaceans of listed species intended to be kept for ornamental purposes in closed facilities as referred to in Article 3(1), point (t)(ii), is authorised
  6. PART 1 SECTION A
  7. List of third countries or territories, or the zones or compartments thereof from which the entry into the Union of consignments of live aquatic animals of listed species for the purposes referred to in Article 3(1), point (t)(i), is authorised

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), 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 or territory, or a zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation.

(2) Commission Delegated Regulation (EU) 2020/692 supplements Regulation (EU) 2016/429 as regards the animal health requirements for the entry into the Union of, inter alia, consignments of certain species and categories of aquatic animals from third countries or territories, or the zones or, in the case of aquaculture animals, compartments thereof. Delegated Regulation (EU) 2020/692 provides that consignments of aquatic animals falling within its scope may only be permitted to enter into the Union, if they come from a third country or territory, or a zone or, in the case of aquaculture animals, a compartment thereof, listed for the particular species and categories of those aquatic animals in accordance with the animal health requirements laid down in that Delegated Regulation.

(3) Commission Implementing Regulation (EU) 2021/404 establishes a list of third countries or territories, or the zones or compartments thereof from which the entry into the Union of, inter alia, species and categories of those aquatic animals that fall within the scope of Delegated Regulation (EU) 2020/692 is permitted.

(4) For many years, molluscs and crustaceans intended to be kept for ornamental purposes in closed facilities have entered the Union from third countries or territories, which were listed by the World Organisation for Animal Health (OIE), in accordance with Chapter IV of Council Directive 2006/88/EC, now repealed by Regulation (EU) 2016/429, and Article 11 of Commission Regulation (EC) No 1251/2008, now repealed by Implementing Regulation (EU) 2020/2236. The importation of these aquatic animals has not been associated with outbreaks of listed diseases of molluscs or crustaceans, and during that time, experience has been gathered from official controls carried out on such consignments at points of entry into the Union, and in certain cases, by official controls carried out by the Commission in the third country or territory concerned.

(5) Under Article 230(1), point (i), of Regulation (EU) 2016/429 the Commission may, by means of implementing acts, draw up a list of third countries and territories from which the entry into the Union of specific species and categories of animals may be permitted, based on any experience gathered from previous entries of animals from the third country or territory concerned, and from the results of official controls carried out at the point of entry into the Union of such animals.

(6) It is appropriate to amend Implementing Regulation (EU) 2021/404 to take account of the experience gathered with the previous trade in those molluscs or crustaceans of listed species, thereby ensuring a smooth transition from the previous legislative framework, under Directive 2006/88/EC and Regulation (EC) No 1251/2008, to the new legislative framework, under Regulation (EU) 2016/429.

(7) Article 3(1), point (t), of Implementing Regulation (EU) 2021/404 should therefore be amended to take account of the new list, laid down by this Regulation, of third countries or territories or the zones or compartments thereof, from which the entry into the Union of consignments of molluscs and crustaceans of listed species intended to be kept for ornamental purposes in closed facilities is authorised.

(8) Annex XXI to Implementing Regulation (EU) 2021/404, laying down the list of third countries or territories, or the zones or compartments thereof from which the entry into the Union of consignments of certain aquatic animals is authorised, should be amended to include that new list and the existing list should therefore be updated accordingly. To ensure clarity, the version of Annex XXI to Implementing Regulation (EU) 2021/404 in force should be replaced by a new one.

(9) Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.

(10) As Implementing Regulation (EU) 2021/404 applies from 21 April 2021, in the interest of legal certainty, the amendments to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.

(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:

(1) in Article 3(1), point (t) is replaced by the following:

(t) Annex XXI for aquatic animals of listed species, as follows:

(i) Part 1, Section A, for aquatic animals of listed species intended for certain aquaculture establishments, release into the wild or other purposes, other than human consumption, as well as certain aquatic animals of listed species and products of animal origin from those listed species which are intended for human consumption;

(ii) Part 1, Section B, for molluscs and crustaceans intended to be kept for ornamental purposes in closed facilities.;

(2) Annex XXI is replaced by the text set out in 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, 9 November 2021. For the Commission The President Ursula von der Leyen

ANNEX

ANNEX

Annex XXI to Implementing Regulation (EU) 2021/404 is replaced by the following:

ANNEX XXI AQUATIC ANIMALS

PART 1 SECTION A

List of third countries or territories, or the zones or compartments thereof from which the entry into the Union of consignments of live aquatic animals of listed species for the purposes referred to in Article 3(1), point (t)(i), is authorised

ISO code and name of the third country or territory Code of the zone or compartment as set out in Part 2 Species and categories permitted to enter the Union Animal health certificates Specific conditions as set out in Part 3 Animal health guarantees as set out in Part 4 Closing date Opening date Fish Molluscs Crustaceans 1 2 3 4 5 6 7 8 9 10 AU Australia AU-0 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A BR Brazil BR-0 Listed species of Cyprinidae AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA Canada CA-0 All listed species except those susceptible to or regarded as vectors of viral haemorrhagic septicaemia in accordance with Annex XXX to Regulation (EU) 2020/692 AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA-1 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA-2 AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA-3 AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA-4 AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA-5 AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA-6 AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA-7 AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA-8 AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA-9 AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA-10 AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA-11 AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CA-12 AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CG Congo CG-0 All listed species of Cyprinidae AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CH Switzerland CH-0 Subject to the Agreement referred to in point 7 of Annex I CL Chile CL-0 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CN China CN-0 All listed species of Cyprinidae AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A CO Colombia CO-0 All listed species of Cyprinidae AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A GB United Kingdom GB-0 All listed species All listed species All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A MOL-HC B GG Guernsey GG-0 All listed species All listed species All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A MOL-HC B HK Hong Kong HK-0 All listed species of Cyprinidae AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A ID Indonesia ID-0 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A IL Israel IL-0 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A IM Isle of Man IM-0 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A JE Jersey JE-0 All listed species All listed species All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A MOL-HC B JM Jamaica JM-0 All listed species of Cyprinidae AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A JP Japan JP-0 All listed species of Cyprinidae AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A LK Sri Lanka LK-0 All listed species of Cyprinidae AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A MK North Macedonia MK-0 All listed species of Cyprinidae AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A MY Malaysia MY-1 All listed species of Cyprinidae AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A NZ New Zealand NZ-0 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A RU Russia RU-0 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A SG Singapore SG-0 All listed species of Cyprinidae AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A TH Thailand TH-0 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A TR Turkey TR-0 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A TW Taiwan TW-0 All listed species of Cyprinidae AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A US United States US-0 All listed species except those susceptible to or regarded as vectors of viral haemorrhagic septicaemia in accordance with Annex XXX to Regulation (EU) 2020/692 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A US-1 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A US-2 All listed species MOL-HC B US-3 All listed species MOL-HC B US-4 All listed species MOL-HC B US-5 All listed species MOL-HC B ZA South Africa ZA-0 All listed species AQUA-ENTRY-ESTAB/RELEASE/OTHER FISH-CRUST-HC A

SECTION B List of third countries or territories, or the zones or compartments thereof from which the entry into the Union of consignments of molluscs and crustaceans of listed species intended to be kept for ornamental purposes in closed facilities as referred to in Article 3(1), point (t)(ii), is authorised

ISO code and name of the third country or territory Code of the zone or compartment as set out in Part 2 Animal health certificates Specific conditions as set out in Part 3 Animal health guarantees as set out in Part 4 Closing date Opening date 1 2 3 4 5 6 7 AU Australia AU-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER BZ Belize BZ-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER CA Canada CA-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER CG Congo CG-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER CK Cook Islands CK-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER CN China CN-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER CM Cameroon CM-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER CO Colombia CO-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER CR Costa Rica CR-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER CU Cuba CU-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER DJ Djibouti DJ-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER DO Dominican Republic DO-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER EC Ecuador EC-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER EG Egypt EG-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER ET Ethiopia ET-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER FJ Fiji FJ-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER FM Micronesia FM-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER GB United Kingdom GB-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER GG Guernsey GG-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER GH Ghana GH-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER HK Hong Kong HK-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER ID Indonesia ID-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER IL Israel IL-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER IN India IN-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER IM Isle of Man IM-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER JE Jersey JE-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER JP Japan JP-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER KE Kenya KE-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER KI Kiribati KI-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER KN Saint Kitts and Nevis KN-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER LK Sri Lanka LK-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER MG Madagascar MG-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER MH Marshall Islands MH-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER MV Maldives MV-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER MW Malawi MW-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER MX Mexico MX-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER MY Malaysia MY-1 AQUA-ENTRY-ESTAB/RELEASE/OTHER NC New Caledonia NC-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER NE Niger NE-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER NG Nigeria NG-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER NI Nicaragua NI-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER NR Nauru NR-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER NU Niue NU-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER PA Panama PA-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER PE Peru PE-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER PF French Polynesia PF-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER PG Papua New Guinea PG-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER PH Philippines PH-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER PN Pitcairn Islands PN-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER PW Palau PW-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER PY Paraguay PY-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER SB Solomon Islands SB-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER SG Singapore SG-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER SL Sierra Leone SL-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER SO Somalia SO-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER TG Togo TG-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER TH Thailand TH-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER TK Tokelau TK-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER TO Tonga TO-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER TT Trinidad and Tobago TT-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER TV Tuvalu TV-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER TW Taiwan TW-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER TZ Tanzania TZ-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER US United States US-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER VN Vietnam VN-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER WF Wallis and Futuna WF-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER WS Samoa WS-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER ZA South Africa ZA-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER ZM Zambia ZM-0 AQUA-ENTRY-ESTAB/RELEASE/OTHER

Versions

  1. 2021-11-09

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