Commission Implementing Regulation (EU) 2022/704 of 5 May 2022 amending and correcting certain Annexes to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, 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), 232(1) and 232(3) 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 Alberta, Canada and was confirmed on 10 April 2022 by laboratory analysis (RT-PCR).

• (6) In addition, Canada notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the province of Alberta, Canada and was confirmed on 12 April 2022 by laboratory analysis (RT-PCR).

• (7) Moreover, Canada notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the province of Ontario, Canada and was confirmed on 13 April 2022 by laboratory analysis (RT-PCR).

• (8) Additionally, Canada notified the Commission of three outbreaks of highly pathogenic avian influenza in poultry: one outbreak is located in the province of Alberta, Canada and two are located in the province of Quebec, Canada. All three were confirmed on 14 April 2022 by laboratory analysis (RT-PCR).

• (9) Furthermore, Canada notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the province of British Columbia, Canada and was confirmed on 15 April 2022 by laboratory analysis (RT-PCR).

• (10) In addition, Canada notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry. Both outbreaks are located in the province of Alberta, Canada and were confirmed on 19 April 2022 by laboratory analysis (RT-PCR).

• (11) Additionally, Canada notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry: one outbreak is located in the province of Ontario, Canada and the other in the province of Quebec, Canada. Both were confirmed on 21 April 2022 by laboratory analysis (RT-PCR).

• (12) Moreover, the United Kingdom notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located near Tedburn St Mary, Teignbridge, Devon, England, United Kingdom and was confirmed on 13 April 2022 by laboratory analysis (RT-PCR).

• (13) Furthermore, the United Kingdom notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located near Ilkeston, Erewash, Derbyshire, England, United Kingdom and was confirmed on 22 April 2022 by laboratory analysis (RT-PCR).

• (14) Additionally, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the state of Kansas, United States, and was confirmed on 13 April 2022 by laboratory analysis (RT-PCR).

• (15) Furthermore, the United States notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry: one is located in the state of Idaho, United States, and the other in the state of Indiana, United States. Both were confirmed on 14 April 2022 by laboratory analysis (RT-PCR).

• (16) In addition, the United States notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry: one outbreak is located in the state of Pennsylvania, United States and the other in the state of Wisconsin, United States. Both were confirmed on 15 April 2022 by laboratory analysis (RT-PCR).

• (17) Moreover, the United States notified the Commission of twelve outbreaks of highly pathogenic avian influenza in poultry: two outbreaks are located in the state of Colorado, United States, nine in the state of Minnesota, United States and one outbreak in the state of North Dakota, United States. All were confirmed on 19 April 2022 by laboratory analysis (RT-PCR).

• (18) Additionally, the United States notified the Commission of eight outbreaks of highly pathogenic avian influenza in poultry: one is located in the state of Idaho, United States, one in the state of Indiana, United States, three in the state of Minnesota, United States, one in the state of Montana, United States and two in the state of Pennsylvania, United States, United States. All were confirmed on 20 April 2022 by laboratory analysis (RT-PCR).

• (19) In addition, the United States notified the Commission of five outbreaks of highly pathogenic avian influenza in poultry: one is located in the State of Iowa, United States, three in the state of Minnesota, United States, and one in the state of North Dakota, United States. All were confirmed on 21 April 2022 by laboratory analysis (RT-PCR).

• (20) Moreover, the United States notified the Commission of four outbreaks of highly pathogenic avian influenza in poultry: three outbreaks are located in the state of Minnesota, United States and one in the state of Pennsylvania, United States. All were confirmed on 22 April 2022 by laboratory analysis (RT-PCR).

• (21) Additionally, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the state of Minnesota, United States, and was confirmed on 23 April 2022 by laboratory analysis (RT-PCR).

• (22) Furthermore, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the state of Utah, United States, and was confirmed on 25 April 2022 by laboratory analysis (RT-PCR).

• (23) In addition, the United States notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry: one is located in the state of North Dakota, United States and the other in the state of Pennsylvania, United States. Both were confirmed on 26 April 2022 by laboratory analysis (RT-PCR).

• (24) The veterinary authorities of Canada, 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.

• (25) Canada, 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 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, the United Kingdom and the United States due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised.

• (26) Moreover, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to fifteen outbreaks of HPAI confirmed in poultry establishments. The United Kingdom has also submitted the measures it has taken to prevent the further spread of that disease. In particular, following this outbreak 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.

• (27) The Commission has evaluated the information submitted by the United Kingdom and concluded that the fifteen HPAI outbreaks in poultry establishments for which the United Kingdom have submitted updated information 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 have been suspended due to these outbreaks.

• (28) Commission Implementing Regulation (EU) 2022/649 ⁴ amended the rows for zone GB-2.44 in the entry for the United Kingdom in Annex V and Annex XV to Implementing Regulation (EU) 2021/404. As an error has been detected, the rows for the zone GB-2.44 should be corrected accordingly. That correction should be applicable from the date of application of Implementing Regulation (EU) 2022/649.

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

• (30) Taking into account the current epidemiological situation in Canada, 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.

• (31) 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

Implementing Regulation (EU) 2021/404 is amended and corrected as follows:

• (a) Annex V is amended and corrected in accordance with the Annex to this Regulation;

• (b) Annex XIV is 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.

However, point (1)(a)(viii) of the Annex shall apply from 22 April 2022

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 May 2022.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX

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

• (1) Annex V is amended and corrected as follows:

• (a) Part 1 is amended and corrected as follows:

• (i) in the entry for Canada, the following rows for the zones CA-2.19 to CA-2.29 are added after the row for the zone CA-2.18:

• (ii) in the entry for the United Kingdom, the rows for zone GB-2.27 are replaced by the following:

• (iii) in the entry for the United Kingdom, the rows for zone GB-2.30 are replaced by the following:

• (iv) in the entry for the United Kingdom, the rows for zone GB-2.32 are replaced by the following:

• (v) in the entry for the United Kingdom, the rows for zones GB-2.34 and GB-2.35 are replaced by the following:

• (vi) in the entry for the United Kingdom, the rows for zones GB-2.38 and GB-2.39 are replaced by the following:

• (vii) in the entry for the United Kingdom, the rows for zone GB-2.41 are replaced by the following:

• (viii) in the entry for the United Kingdom, the rows for zones GB-2.44 and GB-2.45 are replaced by the following:

• (ix) in the entry for the United Kingdom, the rows for the zone GB-2.48 are replaced by the following:

• (x) in the entry for the United Kingdom, the rows for the zone GB-2.51 are replaced by the following:

• (xi) in the entry for the United Kingdom, the rows for the zone GB-2.56 are replaced by the following:

• (xii) in the entry for the United Kingdom, the rows for the zone GB-2.64 are replaced by the following:

• (xiii) in the entry for the United Kingdom, the rows for the zone GB-2.67 are replaced by the following:

• (xiv) in the entry for the United Kingdom, the rows for the zone GB-2.70 are replaced by the following:

• (xv) in the entry for the United Kingdom, the following rows for the zone GB-2.119 and GB-2.120 is added after the row for the zone GB-2.118:

• (xvi) in the entry for the United States, the following rows for the zones US-2.144 to US-2.181 are added after the row for the zone US-2.143: