Commission Implementing Regulation (EU) 2024/393 of 26 January 2024 amending Annexes II, IV, IX and X to Implementing Regulation (EU) 2021/404 as regards the lists of third countries or territories, or zones thereof, authorised for the entry into the Union of consignments of certain ungulates and germinal products thereof from New Zealand, South Africa and the United Kingdom, and correcting Annexes V and XXII thereto as regards the list of third countries or territories, or zones thereof, authorised for the entry into the Union of consignments of poultry and germinal products thereof and for the transit through the United Kingdom of consignments originating and returning to the Union

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. One of those animal health requirements is that those consignments must come from a third country or 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.

• (3) Commission Implementing Regulation (EU) 2021/404 ³ establishes the lists of third countries or territories, or zones or compartments thereof, from which the entry into the Union of consignments 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) New Zealand has submitted to the Commission information demonstrating, in accordance with Article 10 of Delegated Regulation (EU) 2020/692, that the conditions for the recognition of disease-free status for its whole territory from infection with bluetongue virus (serotypes 1-24) (‘BTV’) laid down in Commission Delegated Regulation (EU) 2020/689 ⁴ are fulfilled.

• (5) Annex II to Implementing Regulation (EU) 2021/404 sets out the list of third countries or territories, or zones thereof, authorised for the entry into the Union of consignments of ungulates, other than equine animals and ungulates intended for confined establishments. The entry for New Zealand in the list of third countries or territories, or zones thereof, authorised for the entry into the Union of consignments of ungulates, other than equine animals and ungulates intended for confined establishments, set out in Part 1 of Annex II to Implementing Regulation (EU) 2021/404 should, therefore, be amended so as to include the whole territory of that third country as BTV-free, by inserting the animal health guarantee ‘BTV’ in the rows for bovine, ovine, caprine, camelid and cervid animals and other ungulates in column 7 of the table in that Part 1.

• (6) In addition, the United Kingdom has notified a confirmed case of BTV in a bovine animal in Great Britain. Consequently, the United Kingdom can no longer be considered by the Union as BTV-free and therefore, the animal health guarantee ‘BTV’ should be deleted from the rows for bovine, ovine, caprine, camelid and cervid animals and other ungulates in the entries for the zones GB-1 and GB-2 in the United Kingdom in column 7 of the table in Part 1 of Annex II to Implementing Regulation (EU) 2021/404.

• (7) Annex IV to Implementing Regulation (EU) 2021/404 sets out the list of third countries or territories, or zones thereof, authorised for the entry into the Union of consignments of equine animals. Commission Decision 2008/698/EC ⁵ lays down rules for the regionalisation of South Africa in respect of the temporary admission and imports into the Union of registered horses from that third country. That Decision has been repealed by Commission Implementing Decision (EU) 2023/2609 ⁶ with effect from 14 December 2023. Therefore, the reference to Decision 2008/698/EC should be deleted from the entry for the zone ZA-1 in South Africa in column 6 of the table in Part 1 of Annex IV to Implementing Regulation (EU) 2021/404.

• (8) Annexes IX and X to Implementing Regulation (EU) 2021/404 set out the lists of third countries or territories, or zones thereof, authorised for the entry into the Union of consignments of germinal products of bovine animals and of ovine and caprine animals respectively. As New Zealand has submitted information to the Commission demonstrating that the conditions for the recognition of disease-free status for BTV for its whole territory are fulfilled, the entries for that third country should be amended so as to include the whole territory of that third country as BTV-free, by inserting the animal health guarantee ‘BTV’ in column 6 of the tables in Part 1 of Annexes IX and X to Implementing Regulation (EU) 2021/404. In addition, due to the confirmed case of BTV in a bovine animal in Great Britain, the animal health guarantee ‘BTV’ should be deleted from the entries for the zones GB-1 and GB-2 in the United Kingdom in column 6 of the table in Part 1 of Annex IX and from the entry for the zone GB-0 in the United Kingdom in column 6 of the table in Part 1 of Annex X to Implementing Regulation (EU) 2021/404.

• (9) Annexes II, IV, IX and X to Implementing Regulation (EU) 2021/404 should, therefore, be amended accordingly.

• (10) Furthermore, Annex V to Implementing Regulation (EU) 2021/404 sets out the list of third countries or territories, or zones thereof, authorised for the entry into the Union of consignments of poultry and germinal products of poultry. The references to the columns for specific conditions and for animal health guarantees of the table set out in Section B of Part 1 should be corrected in the titles of Parts 3 and 4 of that Annex.

• (11) Annex XXII to Implementing Regulation (EU) 2021/404 set out, among others, the list of third countries or territories, or zones thereof authorised for the entry into the Union of consignments of certain species and categories of animals, germinal products and products of animal origin originating in and returning to the Union. In the table in Part 1 of that Annex, in the entries for the United Kingdom and its Crown Dependencies of Guernsey, the Isle of Man, and Jersey, it is necessary to move the content of column 3 of that table to column 4 thereof, as initially introduced by Commission Implementing Regulation (EU) 2021/634 ⁷ and incorrectly amended by Commission Implementing Regulation (EU) 2021/1469 ⁸.

• (12) Annexes V and XXII to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

• (13) Taking into account the current epidemiological situation in the Uninted Kingdom as regards BTV, the amendments to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as soon as possible.

• (14) 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

Amendments to Implementing Regulation (EU) 2021/404

Annexes II, IV, IX and X to Implementing Regulation (EU) 2021/404 are amended in accordance with Part A of the Annex to this Regulation.

Article 2

Corrections to Implementing Regulation (EU) 2021/404

Annexes V and XXII to Implementing Regulation (EU) 2021/404 are corrected in accordance with Part B of the Annex to this Regulation.

Article 3

Entry into force

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, 26 January 2024.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX

PART A

Annexes II, IV, IX and X to Implementing Regulation (EU) 2021/404 are amended as follows:

• (1) in Annex II, Part 1 is amended as follows:

• (a) the entry for the United Kingdom is replaced by the following:

• (b) the entry for New Zealand is replaced by the following:

• (2) in Annex IV, in Part 1, the entry for South Africa is replaced by the following:

• (3) in Annex IX, Part 1 is amended as follows:

• (a) the entry for the United Kingdom is replaced by the following:

• (b) the entry for New Zealand is replaced by the following:

• (4) in Annex X, Part 1 is amended as follows:

• (a) the entry for the United Kingdom is replaced by the following:

• (b) the entry for New Zealand is replaced by the following:

PART B

Annexes V and XXII to Implementing Regulation (EU) 2021/404 are corrected as follows:

• (1) Annex V is corrected as follows:

• (a) the title of Part 3 is replaced by the following:

‘PART 3

Specific conditions referred to in column 4 of the table set out in Section B of Part 1 ’;

• (b) the title of Part 4 is replaced by the following:

‘PART 4

Animal health guarantees referred to in column 5 of the table set out in Section B of Part 1 ’;

• (2) in Annex XXII, in Part 1, the entries for the United Kingdom, Guernsey, the Isle of Man and Jersey are replaced by the following:

ELI: http://data.europa.eu/eli/reg_impl/2024/393/oj

ISSN 1977-0677 (electronic edition)