Commission Implementing Regulation (EU) 2022/2361 of 1 December 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 provides 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 that 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 has notified the Commission of eight outbreaks of highly pathogenic avian influenza in poultry in the provinces of Alberta (1), British Columbia (5), Ontario (1) and Saskatchewan (1) in Canada, which were confirmed between 14 November 2022 and 19 November 2022 by laboratory analysis (RT-PCR).

• (6) Furthermore, the United Kingdom has notified the Commission of eight outbreaks of highly pathogenic avian influenza in poultry in the counties of Derbyshire (1), Durham (1), Lincolnshire (1), Norfolk (1), North Yorkshire (1), Staffordshire (1) and Worcestershire (1) in England, United Kingdom and Aberdeenshire (1), in Scotland, United Kingdom, which were confirmed between 20 November 2022 and 26 November 2022 by laboratory analysis (RT-PCR).

• (7) Following those recent outbreaks of highly pathogenic avian influenza, the veterinary authorities of Canada and the United Kingdom established control zones 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.

• (8) Canada and the United Kingdom have submitted information to the Commission on the epidemiological situation on its territory and the measures it has 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 and the United Kingdom due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised.

• (9) Furthermore, the United States have submitted updated information on the epidemiological situation on its territory in relation to 17 outbreaks of highly pathogenic avian influenza in poultry establishments in the States of Colorado (3), Kansas (2), Maine (1), New York (3), Pennsylvaia (6) and Wisconsin (2), United States, which were confirmed between 11 March 2022 and 9 June 2022.

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

• (11) The Commission has evaluated the information submitted by the United States and concluded that the outbreaks of highly pathogenic avian influenza in poultry establishments have been cleared and that there is no longer a risk associated with the entry into the Union of poultry commodities from the zones of the United States from which the entry into the Union of poultry commodities was suspended following those outbreaks.

• (12) 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 in the United States.

• (13) In addition, as there has been a constant increase in the number of outbreaks of highly pathogenic avian influenza in third countries and territories where regionalisation takes place, the lists in Part 1 of Annex V and Part 1 of Annex XIV to Implementing Regulation (EU) 2021/404 need to be amended frequently as a matter of urgency to reflect the current epidemiological situation as regards that disease. In order to facilitate that task and ensure that Part 1 of those Annexes reflect the up-to-date epidemiological situation as regards that disease, it is appropriate to simplify the structure and format of those provisions. Consequently, the structure and format of Part 1 of Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be amended in order to present the required information in a shorter and simpler manner.

• (14) Taking into account the current epidemiological situation in Canada and the United Kingdom as regards highly pathogenic avian influenza and the serious risk of its introduction into the Union, the amendments to be made to Annexes V and XIV to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.

• (15) 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

Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this Regulation.

Article 2

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, 1 December 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 replaced by the following:

‘PART 1

List of third countries, territories or zones thereof authorised for the entry into the Union of consignments of poultry and germinal products of poultry as referred to in Article 3(1), point (d).

Section A

Categories possibly permitted to enter the Union, and the animal health certificate for the consignment.

Categories	Animal health certificate
Breeding poultry other than ratites and productive poultry other than ratites	BPP
Breeding ratites and productive ratites	BPR
Day-old chicks other than ratites	DOC
Day-old chicks of ratites	DOR
Hatching eggs of poultry other than ratites	HEP
Hatching eggs of ratites	HER
Specified pathogen-free eggs	SPF
Poultry intended for slaughter other than ratites	SP
Ratites intended for slaughter	SR
Less than 20 heads of poultry other than ratites	POU-LT20
Less than 20 hatching eggs of poultry other than ratites	HE-LT20

Section B

List of third countries, territories or zones thereof authorised for the entry into the Union of consignments of poultry and germinal products of poultry.