Commission Implementing Regulation (EU) 2022/34 of 22 December 2021 amending Annexes III, VIII, IX and XI to Implementing Regulation (EU) 2021/405 as regards the lists of third countries or regions thereof authorised for the entry into the Union of certain wild game birds intended for human consumption, of consignments of certain bivalve molluscs, echinoderms, tunicates and marine gastropods, of certain fishery products, and of frogs’ legs and snails, and repealing Decision 2007/82/ECText with EEA relevance.

Commission Implementing Regulation (EU) 2022/34 of 22 December 2021 amending Annexes III, VIII, IX and XI to Implementing Regulation (EU) 2021/405 as regards the lists of third countries or regions thereof authorised for the entry into the Union of certain wild game birds intended for human consumption, of consignments of certain bivalve molluscs, echinoderms, tunicates and marine gastropods, of certain fishery products, and of frogs’ legs and snails, and repealing Decision 2007/82/EC (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety OJ L 31, 1.2.2002, p. 1. , and in particular Article 53(1)(b) thereof, Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) OJ L 95, 7.4.2017, p. 1. , and in particular Article 127(2) and (4), Whereas: (1) Commission Delegated Regulation (EU) 2019/625 Commission Delegated Regulation (EU) 2019/625 of 4 March 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption (OJ L 131, 17.5.2019, p. 18). sets out the requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption from third countries or regions thereof, in order to ensure that they comply with the applicable requirements established in the rules on food safety referred to in Article 1(2)(a) of Regulation (EU) 2017/625 or with requirements recognised to be at least equivalent. In particular, entry into the Union of those goods and animals is subject to the requirement that they come from a third country or region thereof which is included in a list in accordance with Article 126(2)(a) of Regulation (EU) 2017/625. (2) Commission Implementing Regulation (EU) 2021/405

Commission Implementing Regulation (EU) 2021/405 of 24 March 2021 laying down the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 118). lays down the lists of third countries and regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption in accordance with Article 126(2)(a) of Regulation (EU) 2017/625. (3) In order to be listed, a third country or region thereof is to comply with the requirements laid down in Article 127 of Regulation (EU) 2017/625 and with those laid down in Article 4 of Delegated Regulation (EU) 2019/625. (4) Article 4, point (f), of Delegated Regulation (EU) 2019/625 provides that the existence, implementation and communication of a residues control programme approved by the Commission, when applicable, is a prerequisite for the inclusion of third countries or regions thereof in the list referred to in Article 126(2)(a) of Regulation (EU) 2017/625. Commission Decision 2011/163/EU Commission Decision 2011/163/EU of 16 March 2011 on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (OJ L 70, 17.3.2011, p. 40). approved the residue monitoring plans submitted by certain third countries concerning specific animals and animal products listed in the Annex to that Decision. (5) Commission Implementing Decision (EU) 2021/2315 Commission Implementing Decision (EU) 2021/2315 of 17 December 2021 amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (OJ L 464, 28.12.2021, p. 17). removed the approval of the residue monitoring plan of Tunisia for wild game. Tunisia should therefore be removed from the list of third countries authorised for the entry into the Union of certain wild game birds intended for human consumption, set out in Annex III to Implementing Regulation (EU) 2021/405. Tunisia has been informed accordingly. (6) Implementing Decision (EU) 2021/2315 approved the monitoring plan of Ukraine for marine gastropods within the subcategory molluscs. Since Ukraine has provided appropriate evidence and guarantees that it fulfils the requirements of Union legislation for the entry into the Union of consignments of marine gastropods from aquaculture, that third country should be added in the list of third countries or regions thereof authorised for the entry into the Union of consignments of certain bivalve molluscs, echinoderms, tunicates and marine gastropods, set out in Annex VIII to Implementing Regulation (EU) 2021/405. Ukraine has been informed accordingly. (7) Implementing Decision (EU) 2021/2315 divided the category aquaculture products in the Annex to Decision 2011/163/EU into the four sub-categories finfish, products of finfish, e.g. caviar, crustaceans and molluscs. For reasons of consistency and clarity, it is appropriate to amend Annex IX to Implementing Regulation (EU) 2021/405, in order to specify the subcategories of aquaculture products for which the third countries are authorised, where relevant.

(8) Implementing Decision (EU) 2021/2315 approved the residue monitoring plans for aquaculture products of Albania, Argentina, Belarus, Bosnia Herzegovina, Chile, Falkland Islands, Faroes, Isle of Man, Israel, Japan, Kenya, Mauritius, Moldova, Montenegro, New Zealand, North Macedonia, Serbia, Singapore, Switzerland, Tunisia, Turkey, Uganda, Ukraine, United Kingdom and Uruguay, where applicable among other things, with respect to the subcategory finfish. It is therefore appropriate to amend Annex IX to Implementing Regulation (EU) 2021/405 in order to reflect that approval. Those third countries have been informed accordingly. (9) Implementing Decision (EU) 2021/2315 approved the residue monitoring plans for aquaculture products of Bangladesh, Brazil, Canada, China, Colombia, Costa Rica, Ecuador, Honduras, India, Indonesia, Malaysia, Mexico, Morocco, Myanmar/Burma, Panama, Peru, Philippines, Saudi Arabia, South Korea, Sri Lanka, Taiwan, Thailand, United States and Vietnam, where applicable among other things, with respect to the subcategories finfish and crustaceans. It is therefore appropriate to amend Annex IX to Implementing Regulation (EU) 2021/405 in order to reflect that approval. Those third countries have been informed accordingly. (10) Implementing Decision (EU) 2021/2315 approved the residue monitoring plans for aquaculture products of Belize, Brunei, Cuba, Guatemala, Mozambique, New Caledonia, Nicaragua, Nigeria, Tanzania and Venezuela with respect to the subcategory crustaceans. It is therefore appropriate to amend Annex IX to Implementing Regulation (EU) 2021/405 in order to reflect that approval. Those third countries have been informed accordingly. (11) Implementing Decision (EU) 2021/2315 approved the residue monitoring plan for aquaculture products of Iran with respect to the subcategories products of finfish (caviar) and crustaceans. Since Iran has now provided sufficient evidence and guarantees that it fulfils the requirements of Union legislation for the entry into the Union of consignments of products of finfish (caviar) and crustaceans from aquaculture, it is appropriate to amend its entry in the list of third countries or regions thereof authorised for the entry into the Union of consignments of certain fishery products, set out in Annex IX to Implementing Regulation (EU) 2021/405. Iran has been informed accordingly. (12) Implementing Decision (EU) 2021/2315 withdrew the approval of the residue monitoring plan of Oman for finfish. Oman should therefore be removed from the list of third countries or regions thereof authorised for the entry into the Union of consignments of certain fishery products, set out in Annex IX to Implementing Regulation (EU) 2021/405. Oman has been informed accordingly. (13) Annex XI to Implementing Regulation (EU) 2021/405 establishes the list of third countries or regions thereof authorised for the entry into the Union of consignments of frogs’ legs and of snails. Georgia and Russia should be added to that list for snails since they provided appropriate evidence and guarantees that they fulfil the requirements of Union legislation for the entry into the Union of consignments of those goods.

(14) Commission Decision 2007/82/EC Commission Decision 2007/82/EC of 2 February 2007 on emergency measures suspending imports from the Republic of Guinea of fishery products intended for human consumption (OJ L 28, 3.2.2007, p. 25). requires Member States to prohibit the import from Guinea of all fishery products intended for human consumption. The Commission carried out an audit in Guinea in 2019, in order to evaluate the control systems in place governing fishery products intended for human consumption and export to the Union. On 7 May 2021, the Commission informed Guinea that the information provided was satisfactory and that the 2019 audit had been closed successfully. Decision 2007/82/EC should therefore be repealed. In the light of the outcome of the audit, it is appropriate to continue listing Guinea in Annex IX to Implementing Regulation (EU) 2021/405 as a third country authorised for the entry into the Union of consignments of wild caught fish that has not undergone any preparation or processing operation other than heading, gutting, chilling or freezing. (15) Annexes III, VIII, IX and XI to Implementing Regulation (EU) 2021/405 should therefore be amended accordingly. (16) For reasons of consistency with Decision 2011/163/EU and in the interest of legal certainty, this Regulation should enter into force as a matter of urgency. (17) 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 III, VIII, IX, and XI to Implementing Regulation (EU) 2021/405 are replaced by the text set out in the Annex to this Regulation.

Article 2

Decision 2007/82/EC is repealed.

Article 3

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, 22 December 2021. For the Commission The President Ursula von der Leyen

Annex

ANNEX

Annex

ANNEX III List of third countries from which unplucked and uneviscerated wild game birds intended for human consumption shall only be authorised for entry into the Union if they are transported by aeroplane, as referred to in Article 6 Hereinafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank. COUNTRY ISO CODETHIRD COUNTRYREMARKSARArgentinaBRBrazilCACanadaCLChileILIsraelNZNew-ZealandTHThailandUSUnited States

Annex

ANNEX VIII List of third countries or regions thereof authorised for the entry into the Union of consignments of live, chilled, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods, as referred to in Article 12 In accordance with the Agreement of 21 June 1999 between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).

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. Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1). COUNTRY ISO CODETHIRD COUNTRY OR REGIONS THEREOFREMARKSAUAustraliaCACanadaCHSwitzerlandCLChileGBUnited KingdomGGGuernseyOnly wild catchGLGreenlandOnly wild catchIMIsle of ManJEJerseyOnly wild catchJMJamaicaOnly marine gastropods from wild catchJPJapanOnly frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropodsKRSouth KoreaOnly frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropodsMAMorocco Processed bivalve molluscs belonging to the species Acanthocardia tuberculatum shall be accompanied by: (a) an additional health attestation in accordance with the model MOL-AT set out in Chapter 32 of Annex III to Commission Implementing Regulation (EU) 2020/2235; and (b) the analytical results of the test demonstrating that the molluscs do not contain a paralytic shellfish poison (PSP) level detectable by the bioassay method NZNew ZealandPEPeruOnly eviscerated Pectinidae (scallops) of aquaculture originTHThailandOnly frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropodsTNTunisiaTRTurkeyAs regards bivalve molluscs, only frozen or processed bivalve molluscsUAUkraineOnly marine gastropodsUSUnited StatesOnly products originating from Washington State and MassachusettsUYUruguayVNVietnamOnly frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods

Annex

ANNEX IX List of third countries or regions thereof authorised for the entry into the Union of consignments of certain fishery products, as referred to in Article 13, Articles 18(3), 19(4), and 20(3), and Articles 22(b) and 25(d) These third countries or regions thereof can export all fishery products (finfish, products of finfish and crustaceans). In accordance with the Agreement of 21st June 1999 between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132). 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.

Hereinafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank. COUNTRY ISO CODETHIRD COUNTRY OR REGIONS THEREOFREMARKSAEUnited Arab EmiratesAquaculture: Only raw material either from Member States or from other third countries approved for imports of such raw material into the UnionAGAntigua and BarbudaOnly live lobsters from wild catchALAlbaniaAquaculture: Only finfishAMArmeniaOnly live, heat processed and frozen crayfish from wild catchAOAngolaOnly wild catchARArgentinaAquaculture: Only finfishAUAustraliaAZAzerbaijanOnly caviar from wild catchBABosnia and HerzegovinaAquaculture: Only finfishBDBangladeshAquaculture: Only finfish and crustaceansBJBeninOnly wild catchBNBruneiAquaculture: Only crustaceansBQBonaire, Sint Eustatius, SabaOnly wild catchBRBrazilAquaculture: Only finfish and crustaceansBSBahamasOnly wild catchBYBelarusAquaculture: Only finfishBZBelizeAquaculture: Only crustaceansCACanadaAquaculture: Only finfish and crustaceansCGCongo Only wild catch. Only fishery products caught, frozen and packed in their final packaging at sea CHSwitzerlandAquaculture: Only finfishCICote d'IvoireOnly wild catchCLChileAquaculture: Only finfishCNChinaAquaculture: Only finfish and crustaceansCOColombiaAquaculture: Only finfish and crustaceansCRCosta RicaAquaculture: Only finfish and crustaceansCUCubaAquaculture: Only crustaceansCVCape VerdeOnly wild catchCWCuraçaoOnly wild catch DZAlgeriaOnly wild catchECEcuadorAquaculture: Only finfish and crustaceansEGEgyptOnly wild catchEREritreaOnly wild catchFJFijiOnly wild catchFKFalkland IslandsAquaculture: Only finfishFOFaroe IslandsAquaculture: Only finfishGAGabonOnly wild catchGBUnited KingdomAquaculture: Only finfishGDGrenadaOnly wild catchGEGeorgiaOnly wild catchGGGuernseyOnly wild catchGHGhanaOnly wild catchGLGreenlandOnly wild catchGMGambiaOnly wild catchGNGuinea Only wild catch Only fish that has not undergone any preparation or processing operation other than heading, gutting, chilling or freezing GTGuatemalaAquaculture: Only crustaceansGYGuyanaOnly wild catchHKHong KongOnly wild catchHNHondurasAquaculture: Only finfish and crustaceansIDIndonesiaAquaculture: Only finfish and crustaceansILIsraelAquaculture: Only finfishIMIsle of ManAquaculture: Only finfishINIndiaAquaculture: Only finfish and crustaceansIRIranAquaculture: only products of finfish (caviar) and crustaceansJEJerseyOnly wild catchJMJamaicaOnly wild catchJPJapanAquaculture: Only finfishKEKenyaAquaculture: Only finfishKIKiribatiOnly wild catchKRSouth KoreaAquaculture: Only finfish and crustaceansKZKazakhstanOnly wild catchLKSri LankaAquaculture: Only finfish and crustaceansMAMoroccoAquaculture: Only finfish and crustaceansMDMoldovaAquaculture: Only finfish MEMontenegroAquaculture: Only finfishMGMadagascarMKNorth MacedoniaAquaculture: Only finfishMMMyanmar/BurmaAquaculture: Only finfish and crustaceansMRMauritaniaOnly wild catchMUMauritiusAquaculture: Only finfishMVMaldivesOnly wild catchMXMexicoAquaculture: Only finfish and crustaceansMYMalaysiaAquaculture: Only finfish and crustaceansMZMozambiqueAquaculture: Only crustaceansNANamibiaOnly wild catchNCNew CaledoniaAquaculture: Only crustaceansNGNigeriaAquaculture: Only crustaceansNINicaraguaAquaculture: Only crustaceansNZNew ZealandAquaculture: Only finfishPAPanamaAquaculture: Only finfish and crustaceansPEPeruAquaculture: Only finfish and crustaceansPFFrench PolynesiaOnly wild catchPGPapua New GuineaOnly wild catchPHPhilippinesAquaculture: Only finfish and crustaceansPMSaint Pierre and MiquelonOnly wild catchPKPakistanOnly wild catchRSSerbiaAquaculture: Only finfishRURussiaOnly wild catchSASaudi ArabiaAquaculture: Only finfish and crustaceansSBSolomon IslandsOnly wild catchSCSeychellesOnly wild catchSGSingaporeAquaculture: Only finfishSH

Saint Helena (Not including the islands of Tristan da Cunha and Ascension) Only wild catch Tristan da Cunha (Not including the islands of Saint Helena and Ascension) Only lobsters (fresh or frozen) from wild catchSNSenegalOnly wild catchSRSurinameOnly wild catchSVEl SalvadorOnly wild catchSXSint MaartenOnly wild catch THThailandAquaculture: Only finfish and crustaceansTNTunisiaAquaculture: Only finfishTRTurkeyAquaculture: Only finfishTWTaiwanAquaculture: Only finfish and crustaceansTZTanzaniaAquaculture: Only crustaceansUAUkraineAquaculture: Only finfishUGUgandaAquaculture: Only finfishUSUnited StatesAquaculture: Only finfish and crustaceansUYUruguayAquaculture: Only finfishVEVenezuelaAquaculture: Only crustaceansVNVietnamAquaculture: Only finfish and crustaceansYEYemenOnly wild catchZASouth AfricaOnly wild catchZWZimbabweOnly wild catch

Annex

ANNEX XI List of third countries or regions thereof authorised for the entry into the Union of consignments of frogs’ legs and of snails, as referred to in Article 17 In accordance with the Agreement of 21 June 1999 between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132). 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. COUNTRY ISO CODETHIRD COUNTRY OR REGIONS THEREOFREMARKSALAlbaniaAMArmeniaOnly snailsAUAustraliaAZAzerbaijanBABosnia and HerzegovinaOnly snailsBRBrazilOnly frogs’ legsBYBelarusOnly snailsCACanadaOnly snailsCHSwitzerlandCICôte d’IvoireOnly snailsCLChileOnly snailsCNChinaDZAlgeriaOnly snailsEGEgyptOnly frogs’ legsGBUnited KingdomGEGeorgiaOnly snailsGGGuernseyGHGhanaOnly snailsIDIndonesiaIMIsle of ManINIndiaOnly frogs’ legsJEJerseyMAMoroccoOnly snailsMDMoldovaOnly snailsMKNorth MacedoniaOnly snailsNGNigeriaOnly snailsNZNew ZealandOnly snailsPEPeruOnly snailsRSSerbiaOnly snailsRURussiaOnly snailsTHThailandOnly snailsTNTunisiaOnly snailsTRTurkey UAUkraineOnly snailsUSUnited StatesOnly snailsVNVietnamZASouth AfricaOnly snails