Commission Implementing Regulation (EU) 2022/1961 of 17 October 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 nine outbreaks of highly pathogenic avian influenza in poultry in Alberta, Canada, which were confirmed by laboratory analysis (RT-PCR) on 15 September 2022 (2), on 17 September 2022 (1), on 19 September 2022 (1), on 20 September 2022 (2), on 21 September 2022 (1), on 23 September 2022 (1) and on 26 September 2022 (1).

• (6) Furthermore, Canada notified the Commission of one outbreak of highly pathogenic avian influenza in poultry in British Columbia, Canada, which was confirmed by laboratory analysis (RT-PCR) on 12 September 2022.

• (7) Additionally, Canada notified the Commission of four outbreaks of highly pathogenic avian influenza in poultry in Manitoba, Canada, which were confirmed by laboratory analysis (RT-PCR) on 15 September 2022 (1), on 18 September 2022 (2) and on 22 September 2022 (1).

• (8) Moreover, Canada notified the Commission of one outbreak of highly pathogenic avian influenza in poultry in Ontario, Canada, which was confirmed by laboratory analysis (RT-PCR) on 18 September 2022.

• (9) In addition, Canada notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry in Saskatchewan, Canada, which were confirmed by laboratory analysis (RT-PCR) on 19 September 2022 and on 26 September 2022.

• (10) The United Kingdom notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry, confirmed on 22 September 2022 by laboratory analysis (RT-PCR): one located near Honington, West Suffolk, Suffolk, England, United Kingdom, and the other located near Easingwold, Hambleton, North Yorkshire, England, United Kingdom.

• (11) Additionally, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Northwold, King’s Lynn and West Norfolk, Norfolk, England, United Kingdom, and it was confirmed on 23 September 2022 by laboratory analysis (RT-PCR).

• (12) Moreover, the United Kingdom notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry confirmed on 24 September 2022 by laboratory analysis (RT-PCR): one located near Hadleigh, Babergh, Suffolk, England, United Kingdom, and the other located near Poulton-le-Fylde, Wyre, Lancashire, England, United Kingdom.

• (13) In addition, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Attleborough, Breckland, Norfolk, England, United Kingdom, and it was confirmed on 27 September 2022 by laboratory analysis (RT-PCR).

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

• (15) Additionally, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Lowestoft, East Suffolk, Suffolk, England, United Kingdom, and it was confirmed on 29 September 2022 by laboratory analysis (RT-PCR).

• (16) Moreover, the United Kingdom notified the Commission of three outbreaks of highly pathogenic avian influenza in poultry confirmed on 1 October 2022 by laboratory analysis (RT-PCR): one located near Bury St Edmunds, West Suffolk, Suffolk, England, United Kingdom and the two others located near Attleborough, Breckland, Norfolk, England, United Kingdom.

• (17) In addition, the United Kingdom notified the Commission of one outbreak of highly pathogenic avian influenza in poultry near Kidsgrove, Newcastle-under-Lyme, Staffordshire, England, United Kingdom, and it was confirmed on 3 October 2022 by laboratory analysis (RT-PCR).

• (18) Furthermore, the United Kingdom notified the Commission of three outbreaks of highly pathogenic avian influenza in poultry, confirmed on 4 October 2022 by laboratory analysis (RT-PCR): one located near Hadleigh, Babergh, Suffolk, England, United Kingdom, one located near Faringdon, Vale of White Horse, Oxfordshire, England, United Kingdom and one located near Attleborough, Breckland, England, United Kingdom.

• (19) The United States notified the Commission of one outbreak of highly pathogenic avian influenza in poultry located in Merrimack County, state of New Hampshire, United States, and it was confirmed on 23 September 2022 by laboratory analysis (RT-PCR).

• (20) Additionally, the United States notified the Commission of one outbreak of highly pathogenic avian influenza in poultry located in McPherson County, state of South Dakota, United States, and it was confirmed on 24 September 2022 by laboratory analysis (RT-PCR).

• (21) Moreover, the United States notified the Commission of three outbreaks of highly pathogenic avian influenza in poultry confirmed on 27 September 2022 by laboratory analysis (RT-PCR): one located in Ransom County, state of North Dakota, United States and two located in Sanpete County, state of Utah, United States.

• (22) Moreover, the United States notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry confirmed on 28 September 2022 by laboratory analysis (RT-PCR): one located in Sanpete County, state of Utah, United States and one located in Racine County, state of Wisconsin, United States.

• (23) In addition, the United States notified the Commission of four outbreaks of highly pathogenic avian influenza in poultry confirmed on 29 September 2022 by laboratory analysis (RT-PCR): one located in York County, state of Pennsylvania, United States, two located in Sanpete County, state of Utah, United States and one located in Dunn County, state of Wisconsin, United States.

• (24) Furthermore, the United States notified the Commission of two outbreaks of highly pathogenic avian influenza in poultry confirmed on 3 October 2022 by laboratory analysis (RT-PCR): one located in Stanislaus County, state of California, United States and one located in Tuscola County, state of Michigan, United States.

• (25) Additionally, the United States notified the Commission of three outbreaks of highly pathogenic avian influenza in poultry confirmed on 4 October 2022 by laboratory analysis (RT-PCR): one located in Del Norte County, state of California, United States, one located in Monterey County, state of California, United States and one located in York County, state of Nebraska, United States.

• (26) Moreover, the United States notified the Commission of one outbreak of highly pathogenic avian influenza in poultry located in Matanuska-Susitna County, state of Alaska, United States, and it was confirmed on 5 October 2022 by laboratory analysis (RT-PCR).

• (27) In addition, the United States notified the Commission of one outbreak of highly pathogenic avian influenza in poultry located in Madison County, state of Arkansas, United States, and it was confirmed on 7 October 2022 by laboratory analysis (RT-PCR).

• (28) 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.

• (29) 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.

• (30) Canada has submitted updated information on the epidemiological situation on its territory in relation to six outbreak of highly pathogenic avian influenza in poultry establishments in the provinces of Alberta (1), Ontario (4), and Quebec (1), Canada, confirmed between the 28 March 2022 and 21 April 2022.

• (31) Canada has also submitted information on the measures it has taken to prevent the further spread of that disease. In particular, following these outbreaks of highly pathogenic avian influenza, Canada has implemented a stamping out policy in order to control and limit the spread of that disease, and has also completed the requisite of cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on its territory.

• (32) The Commission has evaluated the information submitted by Canada 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 from which the entry into the Union of poultry commodities was suspended due to those outbreaks.

• (33) 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.

• (34) 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.

• (35) Commission Implementing Regulations (EU) 2022/588 ⁴ and (EU) 2022/914 ⁵ amended Part 2 of Annex V to Implementing Regulation (EU) 2021/404 by adding respectively the row US-2.51 and the row US-2.210, defining two affected zones in the entry for the United States in that Annex V. As errors have been detected, the rows for the zone US-2.51 and for the zone US-2.210 should be corrected accordingly. Those corrections should apply from the date of application of Implementing Regulation (EU) 2022/588 for the zone US-2.51, and from the date of application of Implementing Regulation (EU) 2022/914 for the zone US-2.210.

• (36) Commission Implementing Regulation (EU) 2022/1618 ⁶ amended Part 1 of Annex V and Part 1 of Annex XIV to Implementing Regulation (EU) 2021/404 for the rows related to the zone US-2.19 in the entry for the United States. As an error has been detected, the rows for the zone US-2.19 in the entry for the United States in Part 1 of Annex V and Part 1 of Annex XIV to Implementing Regulation (EU) 2021/404 should be corrected accordingly. Those corrections should apply from the date of application of Implementing Regulation (EU) 2022/1618.

• (37) 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

Corrections to Implementing Regulation (EU) 2021/404

• 1. In Annex V, in Part 2, in the entry for the United States, the row for the zones US-2.51 is replaced by the following:

• 1. In Annex V, in Part 2, in the entry for the United States, the row for the zones US-2.210 is replaced by the following:

• 1. In Annex V, in Part 1, in the entry for the United States, the rows for the zone US-2.19 are replaced by the following:

• 1. In Annex XIV, in Part 1, in the entry for the United States, the rows for the zone US-2.19 are 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(1) shall apply from 12 April 2022, Article 2(2) shall apply from 14 June 2022 and Article 2(3) and (4) shall apply from 21 September 2022.

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

Done at Brussels, 17 October 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-2.4 is replaced by the following:

• (ii) in the entry for Canada, the rows for the zone CA-2.7 are replaced by the following:

• (iii) in the entry for Canada, the rows for the zone CA-2.11 are replaced by the following:

• (iv) in the entry for Canada, the rows for the zone CA-2.19 are replaced by the following:

• (v) in the entry for Canada, the rows for the zone CA-2.21 are replaced by the following:

• (vi) in the entry for Canada, the rows for the zone CA-2.33 are replaced by the following:

• (vii) in the entry for Canada, the following rows for the zones CA-2.85 and CA-2.101 are added after the rows for the zone CA-2.84:

• (viii) in the entry for the United Kingdom, the following rows for the zones GB-2.150 to GB-2.164 are added after the rows for the zone GB-2.149:

• (ix) in the entry for the United States, the following rows for the zones US-2.278 to US-2.295 are added after the rows for the zone US-2.277: