(fra kommisjonsforordningen)

(1) Regulation (EU) 2017/625 lays down rules for official controls and other control activities performed by the competent authorities of the Member States in order to check compliance with Union legislation, including in the area of food safety at any stage of production, processing and distribution. In particular, Article 126(2), point (a), of that Regulation provides that a delegated act may require that only consignments of certain animals and goods from a third country or region thereof which appears on a list drawn up by the Commission for that purpose may enter the Union.

(2) Commission Delegated Regulation (EU) 2022/2292 (2) supplements Regulation (EU) 2017/625 by laying down entry requirements to ensure that consignments of food-producing animals and certain goods intended for human consumption from third countries or regions thereof comply with the relevant requirements established in the rules on food safety referred to in Article 1(2), point (a), of Regulation (EU) 2017/625 or with requirements recognised to be at least equivalent thereto. In particular, Article 3 of that Delegated Regulation identifies the food-producing animals and goods intended for human consumption that are subject to the requirement to enter into the Union only from a third country or region thereof which appears on the list referred to in Article 126(2), point (a), of Regulation (EU) 2017/625.

(3) Commission Implementing Regulation (EU) 2021/405 (3) lays down the lists of third countries or regions thereof from which the entry into the Union of consignments of certain animals and goods intended for human consumption is permitted in accordance with Article 126(2), point (a), of Regulation (EU) 2017/625.

(4) Article 6(1) of Delegated Regulation (EU) 2022/2292 provides that, in addition to the requirements laid down in Regulation (EU) 2017/625, consignments of food-producing animals, products of animal origin and composite products are to enter into the Union only from a third country that has in place a control plan for pharmacologically active substances, pesticides and contaminants.

(5) Article 7 of Delegated Regulation (EU) 2022/2292 provides that, in addition to the conditions laid down in Regulation (EU) 2017/625, consignments of food-producing animals, products of animal origin and composite products may enter into the Union only from a third country that complies with the requirements provided for in Article 6(1) of that Delegated Regulation, and which is included in the list of third countries approved for the entry into the Union of the concerned food-producing animals or products of animal origin set out in Annex -I to Implementing Regulation (EU) 2021/405.

(6) Article 8(1) of Delegated Regulation (EU) 2022/2292 provides that, by way of derogation from Article 7 of that Delegated Regulation, consignments of food-producing animals, products of animal origin and composite products may enter into the Union from third countries that do not have an approved control plan for pharmacologically active substances, pesticides and contaminants but ensure that the food-producing animals and products of animal origin, including those used in composite products, originate in a Member State or a third country included in the list set out in Annex -I to Implementing Regulation (EU) 2021/405. Article 8(2) of Delegated Regulation (EU) 2022/2292 provides that in addition to the requirements laid down in Article 127(3) of Regulation (EU) 2017/625, the Commission is to decide on the inclusion of a third country in the list referred to in Article 126(2), point (a), of that Regulation only if the competent authority of that third country provides the Commission with evidence and guarantees of compliance with the requirements laid down in Article 8(1) of Delegated Regulation (EU) 2022/2292. Such evidence and guarantees are to consist of information on the procedures in place in that third country to guarantee the traceability and origin of those food-producing animals and those products of animal origin.

(7) Note 16 in Annex -I to Implementing Regulation (EU) 2021/405 establishes that third countries or regions thereof listed in Annex VIII to that Implementing Regulation are marked with an ‘M’ by default in that Annex -I. However, Commission Delegated Regulation (EU) 2026/1304 (4) amended Article 5(2) of Delegated Regulation (EU) 2022/2292 by exempting from the entry requirements laid down, among others, in Article 6 of that Regulation, live, chilled, frozen and processed bivalve molluscs, echinoderms, tunicates and marine gastropods, except when the production takes place in premises on land. As Annex -I to Implementing Regulation (EU) 2021/405 contains the list of third countries with approved control plans in accordance with Article 6(1) of Delegated Regulation (EU) 2022/2292, the marking with an ‘M’ in Annex -I to Implementing Regulation (EU) 2021/405 should only concern third countries or regions thereof which enter into the Union consignments of live, chilled, frozen and processed bivalve molluscs, echinoderms, tunicates and marine gastropods when the production takes place in premises on land. The mark ‘M’ should be removed for third countries or regions thereof which do not have a production in premises on land of those aquatic animals, and the wording of note 16 in Annex -I to Implementing Regulation (EU) 2021/405 should be amended accordingly.

(8) The United States is currently listed in Annex -I to Implementing Regulation (EU) 2021/405 with an ‘X’ and the remark ‘caprine only’ for ovine/caprine. The United States has now informed the Commission that it is no longer interested in exporting fresh meat from caprine animals to the Union and therefore it has not provided guarantees of compliance with the requirements of Article 6(1) of Delegated Regulation (EU) 2022/2292. The marking with an ‘X’ and the remark ‘caprine only’ for the United States in Annex -I to Implementing Regulation (EU) 2021/405 should therefore be deleted.

(9) Canada has submitted to the Commission a control plan for casings. The plan provides the required guarantees and should therefore be approved. Canada should therefore be listed with an ‘X’ for casings in Annex -I to Implementing Regulation (EU) 2021/405.

(10) Canada is currently listed in Annex -I to Implementing Regulation (EU) 2021/405 with an ‘X’ for aquaculture, and in the list of third countries or regions thereof authorised for the entry into the Union of consignments of certain fishing products in Annex IX to that Implementing Regulation, for all fishery products (finfish and finfish products, and crustaceans) from wild catch and from aquaculture. However, Canada has now informed the Commission that it is no longer interested in exporting aquaculture farmed crustaceans to the Union and therefore it has not provided guarantees of compliance with the requirements laid down in Article 6(1) of Delegated Regulation (EU) 2022/2292. Therefore, the marking with an ‘X’ for aquaculture for Canada in Annex -I to Implementing Regulation (EU) 2021/405 should be limited to finfish and finfish products only, and the entry for Canada in Annex IX to Implementing Regulation (EU) 2021/405 should be limited to wild catch and aquaculture: finfish and finfish products.

(11) Egypt has submitted a control plan for aquaculture, namely, finfish and finfish products, and crustaceans. The plan provides the required guarantees, and should therefore be approved. In addition, Egypt has provided evidence and guarantees that finfish and finfish products and crustaceans comply with the relevant Union requirements. Egypt should therefore be listed with an ‘X’ for aquaculture without remarks in Annex -I to Implementing Regulation (EU) 2021/405, and the entry for Egypt in Annex IX to Implementing Regulation (EU) 2021/405 should be extended to aquaculture: finfish and finfish products and crustaceans.

(12) Mozambique is currently listed in Annex -I to Implementing Regulation (EU) 2021/405 with an ‘X’ and the remark ‘crustaceans only’, and with a ‘P’ for aquaculture, and in Annex IX to Implementing Regulation (EU) 2021/405 with the remark ‘aquaculture: only crustaceans’. However, Mozambique has not provided guarantees of compliance with the requirements laid down in Article 6(1) of Delegated Regulation (EU) 2022/2292. Therefore, the entry for Mozambique in Annex -I to Implementing Regulation (EU) 2021/405 should be deleted, and the entry for Mozambique in Annex IX to Implementing Regulation (EU) 2021/405 should be limited to wild catch.

(13) Albania has submitted a request to the Commission to be included in the list of third countries authorised for the entry into the Union of consignments of eggs intended for placing on the market as class A eggs, set out in Annex IV to Implementing Regulation (EU) 2021/405, and has provided evidence and guarantees of compliance with the relevant Union requirements on Salmonella control. Albania should therefore be included in the list in Annex IV to Implementing Regulation (EU) 2021/405.

(14) Annex IX 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 certain fishery products without specifying whether those fishery products originate from wild catch or from aquaculture. Experience gained by competent authorities in Member States in the implementation of Annex IX to Implementing Regulation (EU) 2021/405 has highlighted certain ambiguities and operational difficulties created by the existing structure of that table, which necessitate structural amendments to that table to ensure clarity and uniform application across Member States. It is therefore appropriate to insert further columns to clarify whether the listing is for wild catch, aquaculture, or for both, and to further clarify whether within the column for aquaculture the listing is for finfish and finfish products, crustaceans, or for both. Annex IX to Implementing Regulation (EU) 2021/405 should be amended accordingly.

(15) Curaçao is currently listed in Annex IX to Implementing Regulation (EU) 2021/405 as authorised for the entry into the Union of consignments of certain fishery products, with the remark ‘only wild catch’. Curaçao has not provided the required guarantees of compliance with the relevant Union requirements. Curaçao should therefore be removed from the list in Annex IX to that Implementing Regulation.

(16) The Falkland Islands are currently listed in Annex IX to Implementing Regulation (EU) 2021/405 as authorised for the entry into the Union of consignments of certain fishery products, with the remark ‘aquaculture: only finfish’. The Falkland Islands have informed the Commission that they are no longer interested in exporting aquaculture products to the Union. The entry for The Falkland Islands should therefore be limited to wild catch in Annex IX to Implementing Regulation (EU) 2021/405.

(17) Sint Maarten is currently listed in Annex IX to Implementing Regulation (EU) 2021/405 as authorised for the entry into the Union of consignments of certain fishery products, with the remark ‘only wild catch’. Sint Maarten has not provided the required guarantees of compliance with the relevant Union requirements. Sint Maarten should therefore be removed from the list in Annex IX to that Implementing Regulation.

(18) Tanzania is currently listed in Annex IX to Implementing Regulation (EU) 2021/405 as authorised for the entry into the Union of consignments of certain fishery products, with the remark ‘aquaculture: only crustaceans’. Tanzania has informed the Commission that it no longer produces farmed crustaceans. The entry for Tanzania should therefore be limited to wild catch in Annex IX to Implementing Regulation (EU) 2021/405.

(19) Due to the amendments made to Implementing Regulation (EU) 2021/405 by Commission Implementing Regulation (EU) 2024/334 (5), the wording of footnote 14 (currently footnote 13) ‘finfish only’ was replaced with ‘finfish and finfish products only’ in Annex -I to Implementing Regulation (EU) 2021/405. Albania, Armenia, Argentina, Bosnia and Herzegovina, Belarus, Canada, Switzerland, Chile, the United Kingdom, Israel, the Isle of Man, Kenya, Morocco, Moldova, Montenegro, North Macedonia, Mauritius, New Zealand, Serbia, Tunisia, Türkiye and Uruguay are listed in Annex -I to Implementing Regulation (EU) 2021/405, with an ‘X’ for aquaculture and the remark ‘finfish and finfish products only’. However, those third countries are listed in Annex IX to Implementing Regulation (EU) 2021/405 with the remark ‘aquaculture: only finfish’. Those third countries have provided evidence and guarantees to the Commission that finfish and finfish products from aquaculture comply with the relevant Union requirements. Those third countries should therefore be listed for aquaculture: finfish and finfish products in Annex IX to Implementing Regulation (EU) 2021/405.

(20) Due to the amendments made to Implementing Regulation (EU) 2021/405 by Implementing Regulation (EU) 2024/334, the wording of footnote 16 (currently footnote 15) ‘roes and caviar only’ was replaced with ‘finfish products only (e.g. roes and caviar)’ in Annex -I to Implementing Regulation (EU) 2021/405. Azerbaijan is listed in Annex -I to Implementing Regulation (EU) 2021/405 with an ‘X’ for aquaculture and the remark ‘finfish products only (e.g. roes and caviar)’. However, Azerbaijan is listed in Annex IX to Implementing Regulation (EU) 2021/405 with the remark ‘only products of finfish (caviar and roes) whether wild catch or aquaculture origin’. Azerbaijan has provided evidence and guarantees to the Commission that finfish products (e.g. roes and caviar) from aquaculture comply with the relevant Union requirements. Azerbaijan should therefore be listed for finfish products only (e.g. roes and caviar) in Annex IX to Implementing Regulation (EU) 2021/405.

(21) Due to the amendments made to Implementing Regulation (EU) 2021/405 by Implementing Regulation (EU) 2024/334, the wording of footnote 16 (currently footnote 15) ‘roes and caviar only’ was replaced with ‘finfish products only (e.g. roes and caviar)’ in Annex -I to Implementing Regulation (EU) 2021/405. Iran is listed in Annex -I to Implementing Regulation (EU) 2021/405 with an ‘X’ for aquaculture and the remark ‘finfish products only (e.g. roes and caviar)’. However, Iran is listed in Annex IX to Implementing Regulation (EU) 2021/405 with the remark ‘Aquaculture: only roes and caviar and crustaceans’. Iran has provided evidence and guarantees to the Commission that finfish products (e.g. roes and caviar) from aquaculture comply with the relevant Union requirements. Iran should therefore be listed for finfish products only (e.g. roes and caviar) in Annex IX to Implementing Regulation (EU) 2021/405.

(22) Implementing Regulation (EU) 2021/405 should therefore be amended accordingly.

(23) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,