Commission Implementing Regulation (EU) 2022/2183 of 8 November 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 ten outbreaks of highly pathogenic avian influenza in poultry in the provinces of Alberta (2), British Columbia (2), Manitoba (2), Ontario (1), Quebec (1) and Saskatchewan (2) in Canada, confirmed between 26 September 2022 and 13 October 2022 by laboratory analysis (RT-PCR).

• (6) Furthermore, the United Kingdom notified the Commission of 41 outbreaks of highly pathogenic avian influenza in poultry in the counties of Anglesey (2), Cheshire (1), Devon (1), Essex (2), Lancashire (2), Lincolnshire (2), Norfolk (25), Suffolk (2), West Essex (1), and Yorkshire (2) in England, United Kingdom and on Orkney Islands (1), Scotland, United Kingdom, confirmed between 9 October 2022 and 26 October 2022 by laboratory analysis (RT-PCR).

• (7) Additionally, the United States notified the Commission of 18 outbreaks of highly pathogenic avian influenza in poultry located in the states of Alaska (1), California (1), Colorado (1), Florida (2), Kansas (3), Minnesota (1), Nebraska (1), Nevada (1), Pennsylvania (1) South Dakota (1) and Utah (5), United States, confirmed between 7 October 2022 and 25 October 2022 by laboratory analysis (RT-PCR).

• (8) Following those outbreaks of highly pathogenic avian influenza, the veterinary authorities of Canada, the United Kingdom and the United States established a control zone of at least 10 km 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.

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

• (10) Furthermore, Canada has submitted updated information on the epidemiological situation on its territory in relation to four outbreaks of highly pathogenic avian influenza in a poultry establishment in the provinces of British Columbia (1), Alberta (1), Ontario (1) and Quebec (1), Canada, which were confirmed respectively on 8 June 2022, 12 April 2022, 26 April 2022 and 14 April 2022.

• (11) Canada has 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 has 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 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.

• (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, 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) 2022/2061 ⁴ amended Part 1 of Annex V and Part 1 of Annex XIV to Implementing Regulation (EU) 2021/404 by adding the row US-2.296, defining one affected zone in the entries for the United States in Annex V and in Annex XIV. As one error has been detected concerning the date of confirmation of the related outbreak, the rows for the zone US-2.296 in these Annexes should be corrected accordingly. This correction should apply from the date of application of Implementing Regulation (EU) 2022/2061.

• (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

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 27 October 2022.

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

Done at Brussels, 8 November 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 zones CA-2.20 are replaced by the following:

• (ii) in the entry for Canada, the rows for the zones CA-2.24 are replaced by the following:

• (iii) in the entry for Canada, the rows for the zones CA-2.41 are replaced by the following:

• (iv) in the entry for Canada, the rows for the zones CA-2.71 are replaced by the following:

• (v) in the entry for Canada, the following rows for the zones CA-2.102 to CA-2.111 are added after the rows for the zone CA-2.101:

• (vi) in the entry for the United Kingdom, the following rows for the zones GB-2.182 to GB-2.222 are added after the rows for the zone GB-2.181: