Commission Implementing Regulation (EU) 2023/1058 of 30 May 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 of poultry and game birds.

• (5) Canada has notified the Commission of five outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the provinces of Quebec (4) and British Colombia (1) which were confirmed on 18 April 2023 and 6 May 2023 by laboratory analysis (RT-PCR).

• (6) Furthermore, the United Kingdom has notified the Commission of an outbreak of HPAI in poultry in the county of Lincolnshire in England, which was confirmed on 16 May 2023 by laboratory analysis (RT-PCR).

• (7) Following those recent outbreaks of HPAI, the veterinary authorities of Canada and the United Kingdom established restricted zones of at least 10 km around the affected establishments and implemented a stamping-out policy in order to control the presence of HPAI and limit the spread of that disease.

• (8) Canada and the United Kingdom have submitted information to the Commission on the epidemiological situation on their territories and the measures they have taken to prevent the further spread of HPAI. 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 HPAI should no longer be authorised.

• (9) Furthermore, Canada has submitted updated information on the epidemiological situation on its territory in relation to six outbreaks of HPAI in poultry establishments in the provinces of British Columbia (4) and Quebec (2), which were confirmed between 25 November 2022 and 2 February 2023.

• (10) In addition, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to an outbreak of HPAI in poultry establishments in the county of Devon in England, United Kingdom, which was confirmed on 31 March 2023.

• (11) Moreover, the United States has submitted updated information on the epidemiological situation on its territory in relation to 25 outbreaks of HPAI in poultry establishments in the states of Alaska (1), Colorado (1), Florida (2), Illinois (2), Indiana (1), Missouri (1), New York (2), Oregon (4), Pennsylvania (3), South Dakota (1), Tennessee (3), Utah (1), Virginia (2) and Wisconsin (1), which were confirmed between 12 July 2022 and 5 April 2023.

• (12) Furthermore, Canada, the United Kingdom and the United States have also submitted information on the measures they have taken to prevent the further spread of HPAI. In particular, following those outbreaks of that disease, Canada, 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 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, the United Kingdom and the United States and concluded that the outbreaks of HPAI 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, the United Kingdom and the United States 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 HPAI in Canada, the United Kingdom and the United States.

• (15) Taking into account the current epidemiological situation in Canada, the United Kingdom and the United States as regards HPAI 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, 30 May 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) in Part 1, Section B is amended as follows:

• (i) in the entry for Canada, the row for the zone CA-2.158 is replaced by the following:

• (ii) in the entry for Canada, the row for the zone CA-2.160 is replaced by the following:

• (iii) in the entry for Canada, the rows for the zones CA-2.165 and CA-2.166 are replaced by the following:

• (iv) in the entry for Canada, the rows for the zones CA-2.172 and CA-2.173 are replaced by the following:

• (v) in the entry for Canada, the following rows for the zones CA-2.186 to CA-2.190 are added after the row for the zone CA-2.185:

• (vi) in the entry for the United Kingdom, the row for the zone GB-2.297 is replaced by the following:

• (vii) in the entry for the United Kingdom, the following row for the zone GB-2.303 is added after the row for the zone GB-2.302:

• (viii) in the entry for the United States, the row for the zone US-2.231 is replaced by the following:

• (ix) in the entry for the United States, the row for the zone US-2.233 is replaced by the following:

• (x) in the entry for the United States, the row for the zone US-2.235 is replaced by the following:

• (xi) in the entry for the United States, the row for the zone US-2.311 is replaced by the following:

• (xii) in the entry for the United States, the row for the zone US-2.333 is replaced by the following:

• (xiii) in the entry for the United States, the row for the zone US-2.339 is replaced by the following:

• (xiv) in the entry for the United States, the row for the zone US-2.350 is replaced by the following:

• (xv) in the entry for the United States, the row for the zone US-2.352 is replaced by the following:

• (xvi) in the entry for the United States, the row for the zone US-2.361 is replaced by the following:

• (xvii) in the entry for the United States, the row for the zone US-2.365 is replaced by the following:

• (xviii) in the entry for the United States, the row for the zone US-2.375 is replaced by the following:

• (xix) in the entry for the United States, the row for the zone US-2.384 is replaced by the following:

• (xx) in the entry for the United States, the rows for the zones US-2.387 and US-2.388 are replaced by the following:

• (xxi) in the entry for the United States, the row for the zone US-2.393 is replaced by the following:

• (xxii) in the entry for the United States, the row for the zone US-2.395 is replaced by the following:

• (xxiii) in the entry for the United States, the row for the zone US-2.402 is replaced by the following:

• (xxiv) in the entry for the United States, the row for the zone US-2.405 is replaced by the following:

• (xxv) in the entry for the United States, the row for the zone US-2.407 is replaced by the following:

• (xxvi) in the entry for the United States, the row for the zone US-2.412 is replaced by the following:

• (xxvii) in the entry for the United States, the row for the zone US-2.420 is replaced by the following:

• (xxviii) in the entry for the United States, the row for the zone US-2.431 is replaced by the following:

• (xxix) in the entry for the United States, the row for the zone US-2.446 is replaced by the following:

• (xxx) in the entry for the United States, the rows for the zones US-2.449 and US-2.450 are replaced by the following:

• (b) Part 2 is amended as follows:

• (i) in the entry for Canada, the following descriptions of the zones CA-2.186 to CA-2.190 are added after the description of the zone CA-2.185:

• (ii) in the entry for the United Kingdom, the following description of the zone GB-2.303 is added after the description of the zone GB-2.302:

• (2) in Annex XIV, in Part 1, Section B is amended as follows:

• (i) in the entry for Canada, the rows for the zone CA-2.158 are replaced by the following:

• (ii) in the entry for Canada, the rows for the zone CA-2.160 are replaced by the following:

• (iii) in the entry for Canada, the rows for the zones CA-2.165 and CA-2.166 are replaced by the following:

• (iv) in the entry for Canada, the rows for the zones CA-2.172 and CA-2.173 are replaced by the following:

• (v) in the entry for Canada, the following rows for the zones CA-2.186 to CA-2.190 are added after the row for the zone CA-2.185:

• (vi) in the entry for the United Kingdom, the rows for the zone GB-2.297 are replaced by the following:

• (vii) in the entry for the United Kingdom, the following rows for the zone GB-2.303 are added after the row for the zone GB-2.302:

• (viii) in the entry for the United States, the rows for the zone US-2.231 are replaced by the following:

• (ix) in the entry for the United States, the rows for the zone US-2.233 are replaced by the following:

• (x) in the entry for the United States, the rows for the zone US-2.235 are replaced by the following:

• (xi) in the entry for the United States, the rows for the zone US-2.311 are replaced by the following:

• (xii) in the entry for the United States, the rows for the zone US-2.333 are replaced by the following:

• (xiii) in the entry for the United States, the rows for the zone US-2.339 are replaced by the following:

• (xiv) in the entry for the United States, the rows for the zone US-2.350 are replaced by the following:

• (xv) in the entry for the United States, the rows for the zone US-2.352 are replaced by the following:

• (xvi) in the entry for the United States, the rows for the zone US-2.361 are replaced by the following:

• (xvii) in the entry for the United States, the rows for the zone US-2.365 are replaced by the following:

• (xviii) in the entry for the United States, the rows for the zone US-2.375 are replaced by the following:

• (xix) in the entry for the United States, the rows for the zone US-2.384 are replaced by the following:

• (xx) in the entry for the United States, the rows for the zones US-2.387 and US-2.388 are replaced by the following:

• (xxi) in the entry for the United States, the rows for the zone US-2.393 are replaced by the following:

• (xxii) in the entry for the United States, the rows for the zone US-2.395 are replaced by the following:

• (xxiii) in the entry for the United States, the rows for the zone US-2.402 are replaced by the following:

• (xxiv) in the entry for the United States, the rows for the zone US-2.405 are replaced by the following:

• (xxv) in the entry for the United States, the rows for the zone US-2.407 are replaced by the following:

• (xxvi) in the entry for the United States, the rows for the zone US-2.412 are replaced by the following:

• (xxvii) in the entry for the United States, the rows for the zone US-2.420 are replaced by the following:

• (xxviii) in the entry for the United States, the rows for the zone US-2.431 are replaced by the following:

• (xxix) in the entry for the United States, the rows for the zone US-2.446 are replaced by the following:

• (xxx) in the entry for the United States, the rows for the zones US-2.449 and US-2.450 are replaced by the following: