Third country lists for animal health – explained

Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and of the Council

Update

This Implementing Regulation lists the third countries, territories or zones from which entry into the EU of animals, germinal products and products of animal origin is permitted, in accordance with animal health requirements.

Impacted Products

animals, germinal products, products of animal origin

What is changing?

The Implementing Regulation establishes the lists of third countries, territories or zones, from which animals, germinal products and animal products may be exported to the EU as regards animal health requirements. The list is established according to the conditions and animal health requirements laid down by Delegated Regulation (EU) 2020/692. Consignments must be accompanied by adequate health certificates (see EU official health certificates for exports to the EU explained).

Why?

The EU has a legislative framework in place to prevent, control or eradicate animal diseases. Third countries wishing to export to the EU must demonstrate that they have a regulatory system that is at least as stringent as the system in the EU or equivalent. Successful third countries are added to the EU list. This regulation covers imported consignments of animals, germinal products and products of animal origin from third countries, to avoid importing animal diseases to the EU.

Timeline

Date of publication: 31 March 2021

Date of entry into application: 21 April 2021

What are the major implications for exporting countries?

Animals and animal products can only enter the EU from non-EU countries that are listed in this Regulation. For a non-EU country to be listed and gain access to the EU market for animals and goods, it must apply to the European Commission, which will evaluate the application for conformity with EU legislation. The third country, territory or zone of origin must be listed for the specific species and category of animals, germinal products or products of animal origin. Specific conditions may be foreseen to mitigate the risks.

The list is updated regularly.

Importantly, being listed is not enough for a third country to be able to export. In addition:

• For food of animal origin, third countries must also be on the list regarding public health (see Third country lists for public health explained).

The recommended order for a third country to make applications is: 1. List for animal health (Regulation (EU) 2021/404); 2. List for residues (Regulation (EU) 2021/404) Annex-I; 3. List for public health (Regulation (EU) 2021/405 Annex I).

• Third countries must also list establishments that export animals or goods of animal origin to the EU, in accordance with Regulation (EU) 2022/2292 (Arts. 1.2.a.ii and 13) for public health requirements; and Regulation (EU) 2020/692 (Art. 8 of) for animal health requirements (see Establishment Lists).
• Products must be accompanied by the relevant health certificate (Implementing Regulation (EU) 2020/2235).

Recommended Actions

Competent authorities

For competent authorities of third countries exporting food-producing animals and products of animal origin to the EU:

• If already listed, ensure compliance is maintained. The EU is working closely with the World Organisation for Animal Health (WOAH, ex-OIE) regarding which diseases need to be notified. The EU also regularly audits its partner countries: the work programme and reports are published on the Commission’s Health and Food Audits and Analysis webpage.
• If not yet listed, start the procedure for recognition of the country’s animal health requirements as soon as possible. Competent authorities of partner countries may raise questions with SANTE-CONSULT-A5@ec.europa.eu.

Companies

For companies in third countries wishing to export food-producing animals and products of animal origin to the EU:

• inform the competent authority of your interest
• stay in regular contact with the competent authority to support the process
• follow the procedure for entry on the list of approved establishments (see Approval of third country establishments explained).

Background

Regulation (EU) 2016/429 lays down rules for the prevention and control of animal diseases that are transmissible to animals or to humans. These rules provide for the entry of animals, germinal products and products of animal origin into the EU, and the export of such consignments from the EU. To be listed, a third country or territory must meet the criteria set out in Art. 230(1) in relation to its:

• animal health legislation and rules on entry into its own territory of animals, germinal products and products of animal origin from other third countries and territories
• competent authority’s assurances regarding the efficient implementation and control of its animal health legislation
• competent authority’s organisation, structure, resources and legal powers
• animal health certification procedures
• animal health status with regard to listed and emerging diseases
• aspects of animal and public health or environment that may pose a risk to animal or public health or the environmental status of the EU
• competent authority’s guarantees regarding compliance or equivalence with the relevant EU animal health requirements
• regularity and speed of information concerning infectious or contagious animal diseases in its territory, supplied to the WOAH/OIE, in particular information concerning diseases listed in the WOAH/OIE Codes
• results of controls carried out by the Commission in its territory
• experience from previous entries of animals, germinal products and products of animal origin from its territory, and the results of official controls of these products.

Detailed requirements are laid down in Delegated Regulation (EU) 2020/692 (e.g. Arts. 6, 7). In particular, third countries must:

• have in place a notification system for diseases of terrestrial animals (Regulation (EU) 2016/429 Annex II); and for germinal products, animal products from ungulates, poultry, wild game, aquatic animals and their products (Regulation (EU) 2020/692 Annex I)
• have in place a system to detect emerging diseases and to prevent contamination via swill feeding
• ensure that animals and animal products are not from restricted zones or establishments subject to national restriction measures for animal health reasons, and that animals do not show symptoms of transmissible diseases at the time of loading for dispatch to the EU.

On the basis of this information, the European Commission, in discussion with Member States, establishes and updates the lists of third countries and territories.

Resources

Sources

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