Commission Implementing Regulation (EU) 2022/1618 of 19 September 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 two outbreaks of highly pathogenic avian influenza in poultry in Alberta, Canada, which was confirmed on 28 July 2022 and on 23 August 2022 by laboratory analysis (RT-PCR).

• (6) Furthermore, Canada notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry in Quebec, Canada, which were confirmed on 21 July 2022 and on 1 August 2022 by laboratory analysis (RT-PCR).

• (7) The United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Cullompton, Mid Devon, Devon, England, United Kingdom, and it was confirmed on 26 August 2022 by laboratory analysis (RT-PCR).

• (8) Furthermore, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Bridlington, East Riding of Yorkshire, Yorkshire, England, United Kingdom, and it was confirmed on 28 August 2022 by laboratory analysis (RT-PCR).

• (9) Additionally, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Constantine, Camborne & Redruth, Cornwall, England, United Kingdom, and it was confirmed on 29 August 2022 by laboratory analysis (RT-PCR).

• (10) Moreover, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near South Molton, North Devon, Devon, England, United Kingdom, and it was confirmed on 2 September 2022 by laboratory analysis (RT-PCR).

• (11) In addition, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Holt, North Norfolk, Norfolk, England, United Kingdom, and it was confirmed on 3 September 2022 by laboratory analysis (RT-PCR).

• (12) Furthermore, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Arthog, Gwynedd, Wales, United Kingdom, and it was confirmed on 5 September 2022 by laboratory analysis (RT-PCR).

• (13) Additionally, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Bridlington, East Riding of Yorkshire, Yorkshire, England, United Kingdom, and it was confirmed on 6 September 2022 by laboratory analysis (RT-PCR).

• (14) Moreover, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Heybridge, Maldon, Essex, England, United Kingdom, and it was confirmed on 6 September 2022 by laboratory analysis (RT-PCR).

• (15) In addition, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Torpoint, South East Cornwall, Cornwall, England, United Kingdom, and it was confirmed on 8 September 2022 by laboratory analysis (RT-PCR).

• (16) The United States notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry confirmed on 26 August 2022 by laboratory analysis (RT-PCR), both located in the state of California, United States: one outbreak in Fresno County and the other outbreak in Tuolumne County.

• (17) Furthermore, the United States notified the Commission of five outbreaks of highly pathogenic avian influenza in poultry confirmed on 30 August 2022 by laboratory analysis (RT-PCR): three located in the state of California, United States (one outbreak in Sacramento County and two outbreaks in Tuolumne County), and two in the state of Minnesota, United States, both outbreaks located in Meeker County.

• (18) Additionally, the United States notified the Commission of three outbreaks of highly pathogenic avian influenza in poultry confirmed on 1 September 2022 by laboratory analysis (RT-PCR): two located in the state of California (one outbreak in Fresno County and the other outbreak in Tuolumne County), United States and one located in Elkhart County in the state of Indiana, United States.

• (19) Moreover, the United States notified the Commission of one outbreak of highly pathogenic avian influenza in poultry located in Washington County, state of Wisconsin, United States, and it was confirmed on 2 September 2022 by laboratory analysis (RT-PCR).

• (20) Furthermore, the United States notified the Commission of one outbreak of highly pathogenic avian influenza in poultry located in Defiance County, state of Ohio, United States, and it was confirmed on 3 September 2022 by laboratory analysis (RT-PCR).

• (21) 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.

• (22) 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.

• (23) Canada has submitted updated information on the epidemiological situation on its territory in relation to eighteen outbreaks of highly pathogenic avian influenza in poultry establishments in the provinces of Alberta (9), British Columbia (1), Manitoba (1), Ontario (3), Quebec (2) and Saskatchewan (2), confirmed between 31 March 2022 and 23 April 2022.

• (24) Furthermore, the United Kingdom 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 on the Island of Whalsay, Shetland Islands, Scotland, United Kingdom, which was confirmed on 30 May 2022.

• (25) Additionaly, the United States has submitted updated information on the epidemiological situation on its territory in relation to fourteen outbreaks of highly pathogenic avian influenza in poultry establishments in the States of Minnesota (5), Missouri (1), Nebraska (2), North Dakota (2) and South Dakota (4), United States, confirmed between 8 March 2022 and 14 April 2022.

• (26) Canada, the United Kingdom and the United States 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, the United Kingdom and the United States have implemented a stamping out policy in order to control and limit the spread of that disease, and have also completed the requisite of cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on their territories.

• (27) 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.

• (28) 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.

• (29) 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.

• (30) 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, 19 September 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-2.5 and CA-2.6 are replaced by the following:

• (ii) in the entry for Canada, the rows for the zone CA-2.9 are replaced by the following:

• (iii) in the entry for Canada, the rows for the zone CA-2.12 are replaced by the following:

• (iv) in the entry for Canada, the rows for the zones CA-2.15 to CA-2.18 are replaced by the following:

• (v) in the entry for Canada, the rows for the zone CA-2.23 are replaced by the following:

• (vi) in the entry for Canada, the rows for the zones CA-2.25 to CA-2.27 are replaced by the following:

• (vii) in the entry for Canada, the rows for the zones CA-2.30 to CA-2.32 are replaced by the following:

• (viii) in the entry for Canada, the rows for the zone CA-2.34 are replaced by the following:

• (ix) in the entry for Canada, the rows for the zones CA-2.37 and CA-2.38 are replaced by the following:

• (x) in the entry for Canada, the following rows for the zone CA-2.75 to CA-2.78 are added after the rows for the zone CA-2.74:

• (xi) in the entry for the United Kingdom, the rows for the zone GB-2.122 are replaced by the following:

• (xii) in the entry for the United Kingdom, the following rows for the zones GB-2.134 to GB-2.142 are added after the rows for the zone GB-2.133:

• (xiii) in the entry for the United States, the rows for the zone US-2.19 are replaced by the following:

• (xiv) in the entry for the United States, the rows for the zone US-2.33 are replaced by the following:

• (xv) in the entry for the United States, the rows for the zone US-2.39 are replaced by the following:

• (xvi) in the entry for the United States, the rows for the zone US-2.41 are replaced by the following:

• (xvii) in the entry for the United States, the rows for the zone US-2.45 are replaced by the following:

• (xviii) in the entry for the United States, the rows for the zone US-2.58 are replaced by the following:

• (xix) in the entry for the United States, the rows for the zone US-2.69 are replaced by the following:

• (xx) in the entry for the United States, the rows for the zone US-2.72 are replaced by the following:

• (xxi) in the entry for the United States, the rows for the zone US-2.79 are replaced by the following:

• (xxii) in the entry for the United States, the rows for the zone US-2.83 are replaced by the following:

• (xxiii) in the entry for the United States, the rows for the zone US-2.91 are replaced by the following:

• (xxiv) in the entry for the United States, the rows for the zone US-2.95 are replaced by the following:

• (xxv) in the entry for the United States, the rows for the zone US-2.116 are replaced by the following:

• (xxvi) in the entry for the United States, the rows for the zone US-2.123 are replaced by the following: