Commission Implementing Regulation (EU) 2022/215 of 17 February 2022 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada and the United States of America in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds (Text with EEA relevance)

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 Articles 230(1) and 232(1) thereof.

Whereas:

• (1) Regulation (EU) 2016/429 requires that consignments of animals, germinal products and products of animal origin must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation in order to enter the Union.

• (2) Commission Delegated Regulation (EU) 2020/692 ² lays down the animal health requirements with which consignments of certain species and categories of animals, germinal products and products of animal origin from third countries or territories, or zones thereof, or compartments thereof, in the case of aquaculture animals, must comply with in order to enter the Union.

• (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 the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 is permitted.

• (4) More particularly, Annexes V and XIV 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, respectively, of consignments of poultry, germinal products of poultry, and of fresh meat from poultry and game birds.

• (5) Canada notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the province of Nova Scotia and was confirmed on 1 February 2022 by laboratory analysis (RT-PCR).

• (6) Additionally, the United States of America notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the county of Dubois, state of Indiana, and was confirmed on 8 February 2022 by laboratory analysis (RT-PCR).

• (7) The veterinary authorities of Canada and the United States of America established a 10 km control zone around the affected establishments and implemented a stamping-out policy in order to control the presence of highly pathogenic avian influenza and limit the spread of that disease.

• (8) Canada and the United States of America have submitted information to the Commission on the epidemiological situation on their territories and the measures they have taken to prevent the further spread of highly pathogenic avian influenza. That information has been evaluated by the Commission. On the basis of that evaluation, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat from poultry and game birds from the areas under restrictions established by the veterinary authorities of Canada and the United States of America due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised.

• (9) Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended accordingly.

• (10) Taking into account the current epidemiological situation in Canada and the United States of America as regards highly pathogenic avian influenza and its serious risk of introduction into the Union, the amendments to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.

• (11) 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

Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this Regulation.

Article 2

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, 17 February 2022.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX

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

• (1) Annex V is amended as follows:

• (a) Part 1 is amended as follows:

• (i) in the entry for Canada, the following row for zone CA-2.1 is inserted after the row CA-2:

• (ii) in the entry for the United States, the following row for zone US-2.4 is inserted after the row for zone US-2.3:

• (b) Part 2 is amended as follows:

• (i) in the entry for Canada, the following description of the zone CA-2.1 is inserted after the row CA-2:

• (ii) in the entry for US, the following description of the zone US-2.4 is inserted after the description of zone US-2.3:

• (2) Annex XIV is amended as follows:

• (a) Part 1 is amended as follows;

• (i) in the entry for Canada, the following row for zone CA-2.1 is inserted after the row CA-2:

• (ii) in the entry for the United States, the following row for zone US-2.4 is inserted after the row for zone US-2.3:

• (b) Part 2 is amended as follows:

• (i) in the entry for Canada, the description of the zone CA-2. is replaced by the following:

• (ii) in the entry for the United States, the following description of the zone US-2.4 is inserted after the description of zone US-2.3: