Commission Implementing Decision (EU) 2021/586

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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Regulation (EC) No 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol 10 to the Act of Accession^note, and in particular Article 4(9) thereof,Whereas:

(1)Pending the reunification of Cyprus, Article 1(1) of Protocol 10 to the Act of Accession suspends the application of the acquis in the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.

(2)For public health and animal health reasons, Regulation (EC) No 866/2004 prohibits the movement of live animals and animal products subject to Union veterinary requirements across the line between those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control and the areas in which it does.

(3)Article 4(9) of Regulation (EC) No 866/2004 specifies that prohibitions in respect of live animals or animal products subject to Union veterinary requirements may be lifted by Commission decisions laying down the conditions applicable for trade adopted in accordance with the procedure referred to in Article 58(2) of Regulation (EC) No 178/2002 of the European Parliament and of the Council^note.

(4)Commission Decision 2007/330/EC^note lifts the prohibitions on the movement of animal products for fresh fish and for honey for human consumption, subject to those products fulfilling the conditions set out in Annexes I and II to that Decision, respectively.

(5)Commission Implementing Regulation (EU) 2021/591^note entered a name in the register of protected designations of origin and protected geographical indications in respect of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ (PDO) (‘the product’).

(6)This protected designation of origin covers the whole island of Cyprus including those areas in which the Government of the Republic of Cyprus does not exercise effective control. Pending the reunification of Cyprus, it is therefore appropriate to lift the prohibition under Article 4(9) of Regulation (EC) No 866/2004 and allow the movement of the product across the line between the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control and the areas in which it does and to lay down the conditions for trade in the product.

(7)It is necessary to ensure that public health and animal health are not compromised by the lifting of the prohibition of the product and it is also necessary to guarantee food safety in accordance with Commission Regulation (EC) No 1480/2004^note which lays down specific rules concerning goods arriving from the areas of the Republic of Cyprus not under the effective control of the Government of the Republic of Cyprus in the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus exercises effective control. Accordingly, trade in the product should be subject to certain conditions.

(8)Since the acquis is suspended in certain areas of the eligible geographical area of production of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ PDO and pending the reunification of Cyprus a temporary workable arrangement should be established in order to guarantee that Union animal health and public health controls are efficiently performed throughout the island of Cyprus.

(9)To that effect, it is appropriate that the Republic of Cyprus, applying procedures analogous to those in Chapter III of Title II of Regulation (EU) 2017/625 of the European Parliament and of the Council^note, delegates to a delegated body the powers necessary to conduct all inspections and controls with regard to the movement of the product across the line. The controls performed by this delegated body should be restricted to the verification that Union public health and animal health requirements applicable to the product are met.

(10)The delegated body should report to the Government of the Republic of Cyprus. The Turkish Cypriot Chamber of Commerce should receive a copy of reports issued by the delegated body.

(11)A dedicated Annex for the product should be added to Decision 2007/330/EC, specifying the relevant conditions necessary to ensure that the product complies with all requirements of Union law on the protection of public health and animal health.

(12)The first of these conditions that should be fulfilled is that the animal health status has been established favourably according to internationally agreed standards of the World Organisation for Animal Health for all the diseases potentially transmissible through trade in the product. Where no such internationally agreed standards exist, the determination should be made in accordance with relevant criteria applicable under Union law. It is envisaged that the animal health status of the areas of the Republic of Cyprus not under the effective control of the Government of the Republic of Cyprus is established through a Commission Decision. In line with the animal health situation, alternative treatments in the animal health attestation in the Annex will be considered including the treatment referred to in Commission Implementing Regulation. Once the animal health status has been established favourably, a further condition to be fulfilled should be that there is an annual programme for the monitoring of residues which should be prepared by the delegated body. It is envisaged that the Commission approves that programme every year through a Decision.

(13)Pending the reunification of Cyprus, a Working Group may be established, with the assistance of the Commission, composed of equal numbers of representatives of the Greek Cypriot community and the Turkish Cypriot community, and chaired by a representative of the Commission to hold regular meetings to review the functioning of the inspection system for the product established by this Decision.

(14)Decision 2007/330/EC should therefore be amended accordingly.

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

HAS ADOPTED THIS DECISION:

Commission Implementing Decision (EU) 2021/586

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