(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) 2026/1304note 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.
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