Commission Implementing Regulation (EU) 2022/1197 of 11 July 2022 amending Annexes V and XIV 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 and correcting Annex XIV as regards an entry for the United Kingdom (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) and (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 three outbreaks of highly pathogenic avian influenza in poultry, all located in the province of British Columbia, Canada, and they were confirmed on 8, 15 and 18 June 2022 by laboratory analysis (RT-PCR).

• (6) The United States notified the Commission of one outbreak of highly pathogenic avian influenza in poultry located in the state of Colorado, United States, and it was confirmed on 9 June 2022 by laboratory analysis (RT-PCR).

• (7) Following those outbreaks of highly pathogenic avian influenza, the veterinary authorities of Canada 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.

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

• (9) In addition, Canada has submitted updated information on the epidemiological situation on its territory in relation to one outbreak of highly pathogenic avian influenza in a poultry establishment in the province of Nova Scotia, confirmed on 1 February 2022. Canada has also submitted information on the measures it has taken to prevent the further spread of that disease. In particular, following this outbreak of highly pathogenic avian influenza, Canada has implemented a stamping out policy in order to control and limit the spread of that disease. Canada has also completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on the infected poultry establishments on its territory.

• (10) Furthermore, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to six outbreaks of highly pathogenic avian influenza in poultry establishments: one outbreak near Ross-on-Wye, Hereford and South Herefordshire, Herefordshire, England, United Kingdom, which was confirmed on 20 January 2022; one outbreak near Ashleworth, Tewkesbury, Gloucestershire, England, United Kingdom, which was confirmed on 28 January 2022; one outbreak near Holy Island, Berwick Upon Tweed, Northumberland, England, United Kingdom, which was confirmed on 9 February 2022; one outbreak near Ledbury, North Herefordshire, Herefordshire, England, United Kingdom, which was confirmed on 25 February 2022; one outbreak near Beith, North Ayrshire, Scotland, United Kingdom which was confirmed on 18 March 2022; and one outbreak near Strichen, Aberdeenshire, Scotland, United Kingdom, which was confirmed on 19 March 2022.

• (11) Canada and the United Kingdom have also submitted information on the measures they have taken to prevent the further spread of that disease. In particular, following these outbreaks of highly pathogenic avian influenza, Canada and the United Kingdom have implemented a stamping out policy in order to control and limit the spread of that disease, and have also completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on the infected poultry establishments on their territories.

• (12) The Commission has evaluated the information submitted by Canada and the United Kingdom and concluded that the highly pathogenic avian influenza outbreaks in 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 Canada and the United Kingdom from which the entry into the Union of poultry commodities was suspended due to those outbreaks.

• (13) Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended to take account of the current epidemiological situation as regards highly pathogenic avian influenza in Canada, the United Kingdom and the United States.

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

• (15) Commission Implementing Regulation (EU) 2022/976 ⁴ amended Annex XIV to Implementing Regulation (EU) 2021/404 by adding the row GB-2.125, related to an affected zone with a closing date of 15 June 2022, in the entry for the United Kingdom in that Annex XIV. As an error has been detected, the row for this zone GB-2.125 should be corrected accordingly. That correction should apply from the date of application of Implementing Regulation (EU) 2022/976.

• (16) 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

Amendments to Implementing Regulation (EU) 2021/404

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

Article 2

Correction to Implementing Regulation (EU) 2021/404

In Annex XIV, in Part 1, in the entry for the United Kingdom, the row for the zone GB-2.125 with a closing date of 15.6.2022, is replaced by the following:

Article 3

Entry into force and application

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

However, Article 2 shall apply from 25 June 2022.

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

Done at Brussels, 11 July 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 rows for the zone CA-2.1 are replaced by the following:

• (ii) in the entry for Canada, the following rows for the zones CA-2.71 to CA-2.73 are added after the rows for the zone CA-2.70:

• (iii) in the entry for the United Kingdom, the rows for the zone GB-2.91 are replaced by the following:

• (iv) in the entry for the United Kingdom, the rows for the zone GB-2.95 are replaced by the following:

• (v) in the entry for the United Kingdom, the rows for the zone GB-2.97 are replaced by the following:

• (vi) in the entry for the United Kingdom, the rows for the zone GB-2.102 are replaced by the following:

• (vii) in the entry for the United Kingdom, the rows for the zones GB-2.108 and GB-2.109 are replaced by the following:

• (viii) in the entry for the United States, the following rows for the zone US-2.229 is added after the rows for the zone US-2.228:

• (b) Part 2 is amended as follows:

• (i) in the entry for Canada, the following descriptions of the zones CA-2.71 to CA-2.73 are added after the description of the zone CA-2.70:

• (ii) in the entry for the United States, the following description of the zone US-2.229 is added after the description of the zone US-2.228:

• (2) in Annex XIV, Part 1 is amended as follows:

• (i) in the entry for Canada, the rows for the zone CA-2.1 are replaced by the following:

• (ii) in the entry for Canada, the following rows for the zones CA-2.71 to CA-2.73 are added after the rows for the zone CA-2.70:

• (iii) in the entry for the United Kingdom, the rows for the zone GB-2.91 are replaced by the following:

• (iv) in the entry for the United Kingdom, the rows for the zone GB-2.95 are replaced by the following:

• (v) in the entry for the United Kingdom, the rows for the zone GB-2.97 are replaced by the following:

• (vi) in the entry for the United Kingdom, the rows for the zone GB-2.102 are replaced by the following:

• (vii) in the entry for the United Kingdom, the rows for the zones GB-2.108 and GB-2.109 are replaced by the following:

• (viii) in the entry for the United States, the following row for the zone US-2.229 is added after the row for the zone US-2.228: