Commission Implementing Regulation (EU) 2022/2061 of 24 October 2022 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for 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) The United Kingdom notified the Commission of 17 outbreaks of highly pathogenic avian influenza in poultry in the counties of Norfolk (11), Essex (3), Somerset (1), Lincolnshire (1) in England, United Kingdom and on the Isle of Lewis (1), Scotland, United Kingdom, confirmed between 6 October 2022 and 12 October 2022 by laboratory analysis (RT-PCR).

• (6) Furthermore, the United States notified the Commission of 10 outbreaks of highly pathogenic avian influenza in poultry located in the states of Colorado (1), Kentucky (1), Michigan (2), Pennsylvania (1), South Dakota (3) and Utah (2), United States, confirmed between 5 October 2022 and 12 October 2022 by laboratory analysis (RT-PCR).

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

• (8) 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 consignments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from the areas under restrictions established by the veterinary authorities of the United Kingdom and the United States due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised.

• (9) 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 in Birsay, Orkney Islands, Scotland, United Kingdom, which was confirmed on 6 July 2022.

• (10) Additionally, the United States has submitted updated information on the epidemiological situation on its territory in relation to 71 outbreaks of highly pathogenic avian influenza in poultry establishments in the States of Colorado (1), Delaware (2), Indiana (1), Iowa (3), Kansas (1), Maryland (3), Michigan (1), Minnesota (31), Missouri (2), North Carolina (9), North Dakota (1), Pennsylvania (11), South Dakota (1) and Wisconsin (4), United States, confirmed between the 22 February 2022 and 7 June 2022.

• (11) 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, 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.

• (12) The Commission has evaluated the information submitted by 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 the United Kingdom and the United States 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 the United Kingdom and the United States.

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

• (15) Commission Implementing Regulation (EU) 2022/1961 ⁴ amended Part 2 of Annex V to Implementing Regulation (EU) 2021/404 by adding the row GB-2.156, defining one affected zone in the entry for the United Kingdom in that Annex V. As one error has been detected, the row for the zone GB-2.156 should be corrected accordingly. This correction should apply from the date of application of Implementing Regulation (EU) 2022/1961.

• (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 V, in Part 2, in the entry for the United Kingdom, the row for the zones GB-2.156 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 19 October 2022.

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

Done at Brussels, 24 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 the United Kingdom, the rows for the zones GB-2.127 are replaced by the following:

• (ii) in the entry for the United Kingdom, the following rows for the zones GB-2.165 to GB-2.181 are added after the rows for the zone GB-2.164:

• (iii) in the entry for the United States, the rows for the zone US-2.8 are replaced by the following:

• (iv) in the entry for the United States, the rows for the zone US-2.13 and US-2.14 are replaced by the following:

• (v) in the entry for the United States, the rows for the zone US-2.17 are replaced by the following:

• (vi) in the entry for the United States, the rows for the zone US-2.21 are replaced by the following:

• (vii) in the entry for the United States, the rows for the zone US-2.29 are replaced by the following:

• (viii) in the entry for the United States, the rows for the zone US-2.57 are replaced by the following:

• (ix) in the entry for the United States, the rows for the zone US-2.60 are replaced by the following:

• (x) in the entry for the United States, the rows for the zone US-2.62 are replaced by the following:

• (xi) in the entry for the United States, the rows for the zone US-2.65 are replaced by the following:

• (xii) in the entry for the United States, the rows for the zones from US-2.76 to US-2.78 are replaced by the following:

• (xiii) in the entry for the United States, the rows for the zone US-2.82 are replaced by the following:

• (xiv) in the entry for the United States, the rows for the zone US-2.84 are replaced by the following:

• (xv) in the entry for the United States, the rows for the zones from US-2.88 to US-2.90 are replaced by the following:

• (xvi) in the entry for the United States, the rows for the zone US-2.93 are replaced by the following:

• (xvii) in the entry for the United States, the rows for the zones US-2.96 and US-2.97 are replaced by the following:

• (xviii) in the entry for the United States, the rows for the zone US-2.101 are replaced by the following:

• (xix) in the entry for the United States, the rows for the zone US-2.106 and US-2.107 are replaced by the following:

• (xx) in the entry for the United States, the rows for the zone US-2.112 are replaced by the following:

• (xxi) in the entry for the United States, the rows for the zones US-2.114 and US-2.115 are replaced by the following:

• (xxii) in the entry for the United States, the rows for the zone US-2.119 are replaced by the following:

• (xxiii) in the entry for the United States, the rows for the zone US-2.126 are replaced by the following: