Commission Implementing Regulation (EU) 2021/460 of 16 March 2021 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Ukraine 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)
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Address https://gelex.eu/eli/EU/regulation/2021/460@2021-03-16/en
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, 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, and in particular Articles 23(1), 24(2) and 25(2) thereof,
Whereas:
(1) Commission Regulation (EC) No 798/2008 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) Ukraine 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 was set out in Part 1 of Annex I to Regulation (EC) No 798/2008, as amended by Implementing Regulation (EU) 2020/352, following the confirmation of an outbreak of HPAI of subtype H5N8 on 19 January 2020.
(4) Following the outbreak of HPAI, Ukraine has implemented a stamping out policy in order to control and limit the spread of that disease. In addition, Ukraine completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on the poultry holding where the HPAI outbreak was confirmed in January 2020. Ukraine has submitted updated information on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of HPAI, which were evaluated by the Commission.
(5) On the basis of that evaluation it is concluded that that outbreak has been cleared and that there is no risk associated with the introduction into the Union of poultry commodities from the areas of Ukraine listed in Part 1 of Annex I to Regulation (EC) No 798/2008 from where imports have been suspended by that Regulation, as amended by Implementing Regulation (EU) 2020/352.
(6) On 4 December 2020, however, Ukraine confirmed the presence of HPAI of subtype H5 in a poultry holding on its territory. Due to that confirmed outbreak of HPAI, the whole territory of Ukraine can no longer be considered as free from that disease and the veterinary authorities of Ukraine can, therefore, no longer certify consignments of poultry commodities for import into, or transit through, the Union from the areas concerned by that outbreak. Following that outbreak, Ukraine has confirmed further HPAI outbreaks of subtype H5 in poultry holdings on its territory.
(7) The veterinary authorities of Ukraine have confirmed that following the outbreak in December 2020, they suspended issuing certificates for consignments of commodities intended for import into, or transit through, the Union and implemented a stamping-out policy in order to control HPAI and limit the spread of that disease.
(8) Furthermore, Ukraine has submitted information to the Commission on the epidemiological situation on its territory and indicated the areas placed under restrictions as well as the measures it has taken to prevent the further spread of HPAI outside those restricted areas. That information has now been evaluated by the Commission and on the basis of that evaluation, as well as the guarantees provided by Ukraine, it should be concluded that limiting the restrictions on the introduction into the Union of consignments of poultry commodities to the areas affected by HPAI, which the veterinary authorities of Ukraine have placed under restrictions due to the current outbreaks, should be sufficient to cover the risks associated with the introduction into the Union of such commodities.
(9) The entry for Ukraine 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.
(10) Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.
(11) 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, 16 March 2021. For the Commission The President Ursula von der Leyen
ANNEX
ANNEX
In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for Ukraine is replaced by the following: ISO code and name of third country or territory Code of third country, territory, zone or compartment Description of third country, territory, zone or compartment Veterinary certificate Specific conditions Specific conditions Avian influenza surveillance status Avian influenza vaccination status Salmonella control status Model(s) Additional guarantees Closing date Opening date 1 2 3 4 5 6 6A 6B 7 8 9 UA – Ukraine UA-0 Whole country EP, E UA-1 The whole country of Ukraine excluding area UA-2 WGM POU, RAT UA-2 Area of Ukraine corresponding to: UA-2.1 Kherson Oblast (region) WGM P2 30.11.2016 7.3.2020 POU, RAT P2 30.11.2016 7.3.2020 UA-2.2 Odessa Oblast (region) WGM P2 4.1.2017 7.3.2020 POU, RAT P2 4.1.2017 7.3.2020 UA-2.3 Chernivtsi Oblast (region) WGM P2 4.1.2017 7.3.2020 POU, RAT P2 4.1.2017 7.3.2020 UA-2.4 Vinnytsia Oblast (region), Nemyriv Raion (district), municipalities: Berezivka village Bratslav village Budky village Bugakiv village Chervone village Chukiv village Danylky village Dovzhok village Horodnytsia village Hrabovets village Hranitne village Karolina village Korovayna village Korzhiv village Korzhivka village Kryklivtsi village Maryanivka village Melnykivtsi village Monastyrok village Monastyrske village Nemyriv City Novi Obyhody village Ostapkivtsi village Ozero village Perepelychcha village Rachky village Salyntsi village Samchyntsi village Sazhky village Selevintsi village Sholudky village Slobidka village Sorokoduby village Sorokotiazhyntsi village Velyka Bushynka village Vovchok village Vyhnanka village Yosypenky village Zarudyntsi village Zelenianka village WGM P2 19.1.2020 20.3.2021 POU, RAT P2 19.1.2020 20.3.2021 UA-2.5 Mykolaiv Oblast (region) Kherson Oblast (region), Khersonskyi (Bilozerskyi) Raion (district), municipalities: Tavriyske village Nova zoria village WGM P2 4.12.2020 POU, RAT P2 4.12.2020 UA-2.6 Kyiv Oblast (region): Ivankiv Raion (district), municipalities: Leonivka village Blidcha village Kolentsi village Zymovyshche village Rudnia-Talska village Sosnivka village Borodianka Raion (district), municipalities: Koblytsia village Talske village Myrcha village Stara Buda village, Velykyi Lis village Krasnyi Rih village Mykhailivskyi small village WGM P2 24.12.2020 POU, RAT P2 24.12.2020 UA-2.7 Kyiv Oblast (region): Borodianka Raion (district), municipalities: Borodianka town Kachaly village Shybene village Nebrat village Nove Zalissia village Berestianka village Zdvyzhivka village Babyntsi village Buda-Babynetska village Klavdiyevo-Tarasove town Poroskoten village Pylypovychi village Nova Hreblia village Vablia village Druzhnia village Halynka village Zahaltsi village Mykhailivskyi (Mykhailenkiv) village country estate Blyzhni sady Buchanskyi Raion (district), municipalities: Nemishayeve town Mykulychi village Dibrova village Kozyntsi village Chervona hilka village Plakhtianka village Myrotske village part of Vorzel town restricted by Bilostotskykh and Pushkina str. WGM P2 27.12.2020 POU, RAT P2 27.12.2020 UA-2.8 Kherson Oblast (region): Kakhovskyi Raion (district), municipalities: Zaozerne village Skvortsivka village Maryanivka village Slynenko village Olhivka village Novotroyitskyi Raion (district), municipalities: Volodymyro-Ilyinka village Sofiivka village Katerynivka village WGM P2 29.12.2020 POU, RAT P2 29.12.2020 UA-2.9 Kyiv Oblast (region), Kyiv city: The area contained within a circle of a 10 km radius centred on Hostomel village of Buchanskyi Raion, and extending in a clockwise fashion: WGM P2 18.1.2021 POU, RAT P2 18.1.2021 UA-2.10 Donetsk Oblast (region): Volnovaskyi (ex Velykonovosilkivskyi) district, municipalities: Vesele village Fedorivka village to Skudne village Dniproenerhiia village Velyka Novosilka town Rozdolne village Novyi Komar village Perebudova village Novoocheretuvate village Myrne village Ordadne village Komar village Vremivka village Voskresenka village Vilne Pole village Shevchenko village Burlatske village Pryvilne village Dnipropetrovsk Oblast (region): Prokrovskyi district, municipalities: Maliivka village WGM P2 3.2.2021 POU, RAT P2 3.2.2021
(a) North, Northwest, West, Southwest: Kyiv region (oblast), Buchanskyi Raion (district), municipalities: Moshchun village, Hostomel town, Kotsiubynske town, Irpin city, Bucha city, Horenka village.
(b) Northeast, East, Southeast, South: Boundary of Kyiv Region (oblast) with Obolonskyi, Podilskyi, Shevchenkivskyi Raions (districts) of Kyiv city from intersection of Polarna str., Avtozavodska Str., Semena Skliarenko str. the intersection with the Oleny Telihy str., Oleksandra Dovzhenko str. to the intersection with Peremohy Avenue
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- Commission Implementing Regulation (EU) 2021/1178 of 16 July 2021 amending certain Annexes to Implementing Regulation (EU) 2021/404 as regards certain lists of third countries authorised for the entry into the Union of animals, germinal products and products of animal origin (Text with EEA relevance) Regulation · Grade B
Commission Regulation (EC) No 798/2008 laid down a list of third countries, territories, zones or compartments from which poultry and poultry products could be imported into and transit through the Union. That Regulation was repealed and replaced by Implementing Regulation (EU) 2021/404, and Annexes V and XIV thereto now set out the lists of third countries, territories or zones thereof authorised for the entry into the Union of consignments of poultry, germinal products of poultry, fresh meat of poultry and game birds. However, a number of amendments to the list in Regulation (EC) No 798/2008