Commission Implementing Regulation (EU) 2022/1385 of 8 August 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 (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 in the province of Quebec, Canada, and they were confirmed on 28 June and 9 July 2022 by laboratory analysis (RT-PCR). As they are close to each other, they are covered by a unique restricted zone.

• (6) The United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry in Birsay, Orkney Islands, Scotland, United Kingdom, and it was confirmed on 6 July 2022 by laboratory analysis (RT-PCR).

• (7) Furthermore, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Dartington, South Hams, Devon, England, United Kingdom, and it was confirmed on 21 July 2022 by laboratory analysis (RT-PCR).

• (8) The United States notified the Commission of four outbreaks of highly pathogenic avian influenza in poultry located in Deschutes County, state of Colorado, United States, and they were confirmed on 12, 15, 19 and 21 July 2022 by laboratory analysis (RT-PCR).

• (9) Furthermore, the United States notified the Commission of three outbreaks of highly pathogenic avian influenza in poultry located in Sanpete County, state of Utah, United States, and they were confirmed on 14, 19 and 26 July 2022 by laboratory analysis (RT-PCR).

• (10) Additionally, the United States notified the Commission of one outbreak of highly pathogenic avian influenza in poultry located in Snohomish County, state of Washington, United States, and it was confirmed on 18 July 2022 by laboratory analysis (RT-PCR).

• (11) Following those outbreaks of highly pathogenic avian influenza, 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.

• (12) 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.

• (13) Canada has submitted updated information on the epidemiological situation on its territory in relation to two outbreaks of highly pathogenic avian influenza in poultry establishments: one in the province of Alberta, Canada confirmed on 11 April 2022 and another in the province of Quebec, confirmed on 21 April 2022. Canada has also submitted information on the measures it has taken to prevent the further spread of that disease. In particular, following those outbreak of highly pathogenic avian influenza, Canada has implemented a stamping out policy in order to control and limit the spread of that disease. In addition, Canada has completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on those infected poultry establishments on its territory.

• (14) Furthermore, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to eleven outbreaks of highly pathogenic avian influenza in poultry establishments: one outbreak near Blaydon, Gateshead, Tyne and Wear, England, United Kingdom, which was confirmed on 23 February 2022; one outbreak near Elmswell, Mid Suffolk, Suffolk, England, United Kingdom, which was confirmed on 26 February 2022; two outbreaks near Redgrave, Mid Suffolk, Suffolk, England, United Kingdom, which were confirmed on 1 March 2022 and on 12 March 2022; one outbreak near Market Weston, West Suffolk, Suffolk, England, United Kingdom, which was confirmed on 12 March 2022; one outbreak near Stowmarket, Mid Suffolk, Suffolk, England, United Kingdom which was confirmed on 28 March 2022; one outbreak near Newton St Cyres, Mid Devon, Devon, England, United Kingdom which was confirmed on 6 April 2022; two outbreaks near Tedburn St Mary, Teignbridge, Devon, England, United Kingdom which were confirmed on 7 April 2022 and on 13 April 2022; one outbreak near Eye, Mid Suffolk, Suffolk, England, United Kingdom which was confirmed on 8 April 2022; and one outbreak near Ilkeston, Erewash, Derbyshire, England, United Kingdom, which was confirmed on 22 April 2022. The United Kingdom has also submitted information on the measures it has taken to prevent the further spread of that disease. In particular, following those outbreak of highly pathogenic avian influenza, 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 has completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on those infected poultry establishments on its territory.

• (15) Additionaly, the United States has submitted updated information on the epidemiological situation on its territory in relation to nineteen outbreaks of highly pathogenic avian influenza in poultry establishments in the States of Delaware, Indiana, Iowa and South Dakota, United States, confirmed between the 23 February 2022 and 13 April 2022. The United States has also submitted information on the measures it has taken to prevent the further spread of that disease. In particular, following those outbreak of highly pathogenic avian influenza, the United States has implemented a stamping out policy in order to control and limit the spread of that disease. In addition, the United States has completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on those infected poultry establishments on its territory.

• (16) The Commission has evaluated the information submitted by Canada, the United Kingdom and the United States 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, the United Kingdom and the United States from which the entry into the Union of poultry commodities was suspended due to those outbreaks.

• (17) 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.

• (18) 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.

• (19) 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

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.

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

Done at Brussels, 8 August 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-2.14 are replaced by the following:

• (ii) in the entry for Canada, the rows for the zone CA-2.29 are replaced by the following:

• (iii) in the entry for Canada, the following rows for the zone CA-2.74 are added after the rows for the zone CA-2.73:

• (iv) in the entry for the United Kingdom, the rows for the zone GB-2.101 are replaced by the following:

• (v) in the entry for the United Kingdom, the rows for the zones GB-2.103 and GB-2.104 are replaced by the following:

• (vi) in the entry for the United Kingdom, the rows for the zones GB-2.106 and GB-2.107 are replaced by the following:

• (vii) in the entry for the United Kingdom, the rows for the zone GB-2.112 are replaced by the following:

• (viii) in the entry for the United Kingdom, the rows for the zone GB-2.114 are replaced by the following:

• (ix) in the entry for the United Kingdom, the rows for the zone GB-2.116 are replaced by the following:

• (x) in the entry for the United Kingdom, the rows for the zones GB-2.118 to GB-2.120 are replaced by the following:

• (xi) in the entry for the United Kingdom, the following rows for the zones GB-2.127 and GB-2.128 are added after the rows for the zone GB-2.126:

• (xii) in the entry for the United States, the rows for the zones US-2.9 and US-2.10 are replaced by the following:

• (xiii) in the entry for the United States, the rows for the zones US-2.26 and US-2.27 are replaced by the following:

• (xiv) in the entry for the United States, the rows for the zone US-2.30 are replaced by the following:

• (xv) in the entry for the United States, the rows for the zone US-2.32 are replaced by the following:

• (xvi) in the entry for the United States, the rows for the zone US-2.35 are replaced by the following:

• (xvii) in the entry for the United States, the rows for the zone US-2.38 are replaced by the following:

• (xviii) in the entry for the United States, the rows for the zone US-2.44 are replaced by the following:

• (xix) in the entry for the United States, the rows for the zones US-2.49 and US-2.50 are replaced by the following:

• (xx) in the entry for the United States, the rows for the zone US-2.53 are replaced by the following:

• (xxi) in the entry for the United States, the rows for the zone US-2.56 are replaced by the following:

• (xxii) in the entry for the United States, the rows for the zone US-2.64 are replaced by the following:

• (xxiii) in the entry for the United States, the rows for the zone US-2.73 are replaced by the following:

• (xxiv) in the entry for the United States, the rows for the zone US-2.87 are replaced by the following:

• (xxv) in the entry for the United States, the rows for the zone US-2.104 are replaced by the following:

• (xxvi) in the entry for the United States, the rows for the zone US-2.127 are replaced by the following:

• (xxvii) in the entry for the United States, the rows for the zone US-2.141 are replaced by the following:

• (xxviii) in the entry for the United States, the following rows for the zones US-2.231 to US-2.238 are added after the rows for the zone US-2.230:

• (b) Part 2 is amended as follows:

• (i) in the entry for Canada, the following description of the zone CA-2.74 is added after the description of the zone CA-2.73:

• (ii) in the entry for the United Kingdom, the following descriptions of the zones GB-2.127 and GB-2.128 are added after the description of the zone GB-2.126:

• (iii) in the entry for the United States, the following description of the zones US-2.231 to US-2.238 is added after the description of the zone US-2.230: