Commission Implementing Regulation (EU) 2022/2316 of 25 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 34 outbreaks of highly pathogenic avian influenza in poultry in the provinces of Alberta (4), British Columbia (4), Manitoba (6), Ontario (5), Quebec (6) and Saskatchewan (9) in Canada, confirmed between 27 September 2022 and 9 November 2022 by laboratory analysis (RT-PCR).

• (6) Furthermore, the United Kingdom notified the Commission of 39 outbreaks of highly pathogenic avian influenza in poultry in the counties of Cambridgeshire (1), Cheshire (1), Derbyshire (2), East Ayrshire (1), Lancashire (5), Leicestershire (1), Lincolnshire (4), Norfolk (9), North Yorkshire (3), Northamptonshire (4), Suffolk (3) and West Midlands (1) in England, United Kingdom, and in Aberdeenshire (3) and on Orkney Islands (1) in Scotland, United Kingdom, confirmed between 27 October 2022 and 18 November 2022 by laboratory analysis (RT-PCR).

• (7) Additionaly, the United States notified the Commission of 26 outbreaks of highly pathogenic avian influenza in poultry located in the states of California (2), Iowa (2), Michigan (1), Minnesota (5), Mississippi (1), Montana (1), North Dakota (2), Ohio (1), Oregon(1), Pennsylvania (6), South Dakota (1), Tennessee (1) and Wisconsin (1), United States, confirmed between 27 October 2022 and 16 November 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 consigments 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) 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.

• (11) 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.

• (12) 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, 25 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 following rows for the zones CA-2.112 to CA-2.145 are added after the rows for the zone CA-2.111:

• (ii) in the entry for the United Kingdom, the following rows for the zones GB-2.223 to GB-2.261 are added after the rows for the zone GB-2.222: