Commission Implementing Regulation (EU) 2020/2204
of 22 December 2020
amending Annexes I and II to Regulation (EU) No 206/2010 as regards the entries for the United Kingdom and the Crown Dependencies in the lists of third countries, territories or parts thereof authorised for the introduction into the Union of certain animals and fresh meat
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC1, and in particular Article 17(3)(a) and the first subparagraph of Article 17(3)(c) thereof,
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 consumption2, and in particular the introductory phrase and points (1) and (4) of Article 8 and the introductory phrase and point (c) of Article 9(4) thereof,
Having regard to Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC3, and in particular the first and second subparagraphs of Article 3(1) and the first subparagraph of Article 6(1) thereof,
Whereas:
Commission Regulation (EU) No 206/20104 establishes lists of third countries, territories or parts thereof authorised for the introduction into the Union of certain animals and fresh meat and the veterinary certification requirements. It provides that consignments of ungulates, and fresh meat of those animals intended for human consumption, are only to be introduced into the Union from third countries that comply with the conditions laid down in that Regulation. More particularly, Part 1 of Annex I to Regulation (EU) No 206/2010 lists the third countries, territories and parts thereof authorised for the introduction into the Union of consignments of ungulates, other than equidae, while Part 1 of Annex II thereto lists the third countries, territories or parts thereof authorised for the introduction into the Union of consignments of fresh meat of ungulates, including equidae.
The United Kingdom has provided the necessary guarantees required by Regulation (EU) No 206/2010 in order for the United Kingdom and the Crown Dependencies of Guernsey, the Isle of Man and Jersey to be listed in Part 1 of Annex I to Regulation (EU) No 206/2010, and in Part 1 of Annex II thereto, after the end of the transition period provided for in 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), without prejudice to the application of Union law to and in the United Kingdom in respect of Northern Ireland in accordance with Article 5(4) of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement in conjunction with Annex 2 to that Protocol. Taking into account the guarantees provided by the United Kingdom, that third country and the Crown Dependencies should be listed in Part 1 of Annex I to Regulation (EU) No 206/2010, and in Part 1 of Annex II thereto.
In accordance with the import health requirements laid down in Article 13(2) of Commission Implementing Regulation (EU) 2015/13755, a third country may only apply the derogations from Trichinella testing provided for in Article 3(2) and (3) of that Regulation if it has informed the Commission of the application of those derogations and if it has been listed for that purpose in, inter alia, the relevant Annexes to Regulation (EU) No 206/2010. On 4 December 2020, the United Kingdom informed the Commission of its intention to apply derogation from Trichinella testing for unweaned domestic swine less than five weeks of age. in accordance with Article 3(2) of Implementing Regulation (EU) 2015/1375. The United Kingdom should therefore be listed in Part 1 of Annex I to Regulation (EU) No 206/2010 as third country applying such a derogation to certain live pigs and their meat. The United Kingdom is the only third country so far that has asked for a derogation from Trichinella testing.
Annexes I and II to Regulation (EU) No 206/2010 should therefore be amended accordingly.
As the transition period provided for in the Withdrawal Agreement ends on 31 December 2020, this Regulation should apply from 1 January 2021.
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 I and II to Regulation (EU) No 206/2010 are 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.
It shall apply from 1 January 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 2020.
For the Commission
The President
Ursula von der Leyen
ANNEX
Annexes I and II to Regulation (EU) No 206/2010 are amended as follows:
- (1)
in Annex I, Part 1 is amended as follows:
- (a)
the following entries for the United Kingdom and for Guernsey are inserted after the entry for Chile:
GB-United Kingdom (*******)
GB-0
Whole country
GB-1
England and Wales
BOV-X, BOV-Y, OVI-X, OVI-Y, POR-X, POR-Y, RUM, SUI
III, IVa, V, IX, XI
GB-2
Scotland
BOV-X, BOV-Y, OVI-X, OVI-Y, POR-X, POR-Y, RUM, SUI
II, III, IVa, V, IX, XI
GG-Guernsey
GG-0
Whole country
BOV-X, OVI-X, POR-X
RUM
V, IX
- (b)
the following entry for the Isle of Man is inserted after the entry for Greenland:
IM-Isle of Man
IM-0
Whole country
BOV-X, BOV-Y, OVI-X, OVI-Y
II, III, IVa, V, IX
- (c)
the following entry for Jersey is inserted after the entry for Iceland:
JE-Jersey
JE-0
Whole country
BOV-X, BOV-Y
IVa
- (d)
the specific condition ‘XI’ is replaced by the following:
“XI”: unweaned domestic swine less than five weeks of age are exempt from Trichinella testing.
- (e)
the following note concerning the entry for the United Kingdom is added:
- (*******)
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.
- (*******)
- (a)
- (2)
Annex II is amended as follows:
- (a)
Part 1 is amended as follows:
- (i)
the following entries are inserted after the entry for the Falkland Islands:
GB- United Kingdom(***)
GB-0
Whole country
BOV, OVI, POR, EQU, RUF, RUW, SUF, SUW
K
GG-Guernsey
GG-0
Whole country
- (ii)
the following entry is inserted after the entry for Israel:
IM-Isle of Man
IM-0
Whole country
BOV, OVI, POR
- (iii)
the following entry is inserted after the entry for Iceland:
JE-Jersey
JE-0
Whole country
- (iv)
the following note concerning the entry for the United Kingdom is added:
- (***)
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.
- (***)
- (i)
- (b)
in Part 2, in the supplementary guarantees, point ‘K’ is replaced by the following:
“K”: unweaned domestic swine less than five weeks of age are exempt from Trichinella testing.
- (a)