Commission Implementing Regulation (EU) 2022/441 of 17 March 2022 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for the United Kingdom and the United States 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) The United Kingdom notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located near Redgrave, Mid Suffolk, Suffolk, England and was confirmed on 1 March 2022 by laboratory analysis (RT-PCR).

• (6) Additionally, the United States notified the Commission of outbreaks of highly pathogenic avian influenza in poultry. The outbreaks are located in a second establishment in the already affected Newcastle county, state of Delaware, United States, in Queen Anne’s county, state of Maryland, United States and in Jasper county, state of Missouri, United States and were confirmed on 8 March 2022 by laboratory analysis (RT-PCR).

• (7) Furthermore, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in Lawrence county, state of Missouri, United States and was confirmed on 9 March 2022 by laboratory analysis (RT-PCR).

• (8) The veterinary authorities of the United Kingdom and the United States 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.

• (9) The United Kingdom and the United States have submitted information to the Commission on the epidemiological situation on their territory 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 and in order to protect the animal health status of the Union, the entry into the Union of consignments 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 the United Kingdom and the United States due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised.

• (10) Moreover, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to the outbreaks of HPAI confirmed in poultry establishments on 8 November 2021 near Alcester, Bidford, Warwickshire, England and on 21 November 2021 near North Fambridge, Maldon, Essex, England. The United Kingdom has also submitted the measures it has taken to prevent the further spread of that disease. In particular, following these outbreaks of HPAI, the United Kingdom has implemented a stamping out policy in order to control and limit the spread of that disease. In addition, the United Kingdom completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on the infected poultry establishments on its territory.

• (11) The Commission has evaluated the information submitted by the United Kingdom and concluded that the HPAI outbreaks near Alcester, Bidford, Warwickshire, England and near North Fambridge, Maldon, Essex, England in the poultry establishments have been cleared and that there is no longer any risk associated with the entry into the Union of poultry commodities from the zones of the United Kingdom from which the entry into the Union of poultry commodities has been suspended due to those outbreaks.

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

• (13) Taking into account the current epidemiological situation in the United Kingdom and the United States as regards highly pathogenic avian influenza and the serious risk of its 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.

• (14) 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 March 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 the United Kingdom, the row for the zone GB-2.19 is replaced by the following:

• (ii) in the entry for the United Kingdom, the row for the zone GB-2.28 is replaced by the following:

• (iii) in the entry for the United Kingdom, the following row for the zone GB-2.104 is added after the row for the zone GB-2.103:

• (iv) in the entry for the United States, the following rows for the zones US-2.17 to US-2.20 are added after the row for the zone US-2.16:

• (b) Part 2 is amended as follows:

• (i) in the entry for the United Kingdom, the following description of the zone GB-2.104 is added after the description for the zone GB-2.103:

• (ii) in the entry for the United States, the following descriptions of the zones US-2.17 to US-2.20 are added after the description of the zone US-2.16:

• (2) Annex XIV is amended as follows:

• (a) Part 1 is amended as follows:

• (i) in the entry for the United Kingdom, the row for the zone GB-2.19 is replaced by the following:

• (ii) in the entry for the United Kingdom, the row for the zone GB-2.28 is replaced by the following:

• (iii) in the entry for the United Kingdom, the following row for the zone GB-2.104 is added after the row for the zone GB-2.103:

• (iv) in the entry for the United States, the following rows for the zones US-2.17 to US-2.20 are added after the row for the zone US-2.16:

• (b) in Part 2, in the entry for the United States, the rows US-2 to US-2.16 are replaced by the following: