Commission Implementing Regulation (EU) 2023/139 of 18 January 2023 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 nine outbreaks of highly pathogenic avian influenza in poultry in the provinces of British Columbia (7), Quebec (1) and Ontario (1), Canada, which were confirmed between 29 November 2022 and 29 December 2022 by laboratory analysis (RT-PCR).

• (6) Moreover, the United Kingdom has notified the Commission of 11 outbreaks of highly pathogenic avian influenza in poultry in the counties of Cumbria (1), Norfolk (3), North Yorkshire (1), Suffolk (1) and Yorkshire (1) in England, United Kingdom and in the council areas of Angus (1), Fife (1), Moray (1) and Perth and Kinross (1) in Scotland, United Kingdom, which were confirmed between 14 December 2022 and 10 January 2023 by laboratory analysis (RT-PCR).

• (7) Additionally, the United States has notified the Commission of 17 outbreaks of highly pathogenic avian influenza in poultry in the states of California (1), Colorado (2), Indiana (1), Minnesota (2), Missouri (1), Nebraska (1), South Dakota (3), Tennessee (4) and Washington (2), United States, which were confirmed between 8 December 2022 and 22 December 2022 by laboratory analysis (RT-PCR).

• (8) Following those recent outbreaks of highly pathogenic avian influenza, the veterinary authorities of Canada, the United Kingdom and the United States 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.

• (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 13 outbreaks of highly pathogenic avian influenza in poultry establishments in the provinces of Alberta (4), British Columbia (1), Manitoba (1), Ontario (6) and Saskatchewan (1), Canada, which were confirmed between 10 April 2022 and 6 October 2022.

• (11) In addition, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to five outbreaks of highly pathogenic avian influenza in poultry establishments in the counties of Devon (4) and Pembrokeshire (1) in England, United Kingdom, which were confirmed between 6 August 2022 and 9 September 2022.

• (12) Canada and the United Kingdom have also submitted information on the measures they have taken to prevent the further spread of highly pathogenic avian influenza. In particular, following those outbreaks of that disease, Canada and the United Kingdom have implemented a stamping out policy in order to control and limit the spread of that disease, and they have also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on their territories.

• (13) The Commission has evaluated the information submitted by Canada and the United Kingdom 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 Canada and the United Kingdom from which the entry into the Union of poultry commodities was suspended following those outbreaks.

• (14) 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.

• (15) 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 Annexes V and XIV to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.

• (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

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, 18 January 2023.

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) Section B of Part 1 is amended as follows:

• (i) in the entry for Canada, the row for the zone CA-2.13 is replaced by the following:

• (ii) in the entry for Canada, the row for the zone CA-2.36 is replaced by the following:

• (iii) in the entry for Canada, the row for the zone CA-2.47 is replaced by the following:

• (iv) in the entry for Canada, the row for the zone CA-2.56 is replaced by the following:

• (v) in the entry for Canada, the row for the zone CA-2.59 is replaced by the following:

• (vi) in the entry for Canada, the rows for the zones CA-2.83 to CA-2.85 are replaced by the following:

• (vii) in the entry for Canada, the row for the zone CA-2.91 is replaced by the following:

• (viii) in the entry for Canada, the row for the zone CA-2.99 is replaced by the following:

• (ix) in the entry for Canada, the row for the zone CA-2.105 is replaced by the following:

• (x) in the entry for Canada, the row for the zone CA-2.113 is replaced by the following:

• (xi) in the entry for Canada, the row for the zone CA-2.119 is replaced by the following:

• (xii) in the entry for Canada, the following rows for the zones CA-2.161 to CA-2.169 are added after the rows for the zone CA-2.160:

• (xiii) in the entry for the United Kingdom, the rows for the zones GB-2.130 to GB-2.132 are replaced by the following:

• (xiv) in the entry for the United Kingdom, the row for the zone GB-2.134 is replaced by the following:

• (xv) in the entry for the United Kingdom, the row for the zone GB-2.143 is replaced by the following:

• (xvi) in the entry for the United Kingdom, the following rows for the zones GB-2.277 to GB-2.287 are added after the rows for the zone GB-2.276:

• (xvii) in the entry for the United States, the following rows for the zones US-2.381 to US-2.397 are added after the rows for the zone US-2.380:

• (b) Part 2 is amended as follows:

• (i) in the entry for Canada, the following description of the zones CA-2.161 to CA-2.169 are added after the description of the zone CA-2.160:

• (ii) in the entry for the United Kingdom, the following description of the zones GB-2.277 to GB-2.287 are added after the description of the zone GB-2.276:

• (iii) in the entry for the United States, the following description of the zones US-2.381 to US-2.397 are added after the description of the zone US-2.380:

• (2) Section B of Part 1 of Annex XIV is amended as follows

• (i) in the entry for Canada, the rows for the zone CA-2.13 are replaced by the following:

• (ii) in the entry for Canada, the rows for the zone CA-2.36 are replaced by the following:

• (iii) in the entry for Canada, the rows for the zone CA-2.47 are replaced by the following:

• (iv) in the entry for Canada, the rows for the zone CA-2.56 are replaced by the following:

• (v) in the entry for Canada, the rows for the zone CA-2.59 are replaced by the following:

• (vi) in the entry for Canada, the rows for the zones CA-2.83 to CA-2.85 are replaced by the following:

• (vii) in the entry for Canada, the rows for the zone CA-2.91 are replaced by the following:

• (viii) in the entry for Canada, the rows for the zone CA-2.99 are replaced by the following:

• (ix) in the entry for Canada, the rows for the zone CA-2.105 are replaced by the following:

• (x) in the entry for Canada, the rows for the zone CA-2.113 are replaced by the following:

• (xi) in the entry for Canada, the rows for the zone CA-2.119 are replaced by the following:

• (xii) in the entry for Canada, the following rows for the zones CA-2.161 to CA-2.169 are added after the rows for the zone CA-2.160:

• (xiii) in the entry for the United Kingdom, the rows for the zones GB-2.130 to GB-2.132 are replaced by the following:

• (xiv) in the entry for the United Kingdom, the rows for the zone GB-2.134 are replaced by the following:

• (xv) in the entry for the United Kingdom, the rows for the zone GB-2.143 are replaced by the following:

• (xvi) in the entry for the United Kingdom, the following rows for the zones GB-2.277 to GB-2.287 are added after the rows for the zone GB-2.276:

• (xvii) in the entry for the United States, the following rows for the zones US-2.381 to US-2.397 are added after the rows for the zone US-2.380: