Commission Implementing Regulation (EU) 2023/1125 of 8 June 2023 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, Chile, 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) The United Kingdom has notified the Commission of two outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the counties of East Sussex and Lincolnshire in England, which were confirmed on 18 May 2023 and 24 May 2023, respectively, by laboratory analysis (RT-PCR).

• (6) Following those recent outbreaks of HPAI, the veterinary authorities of 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.

• (7) The United Kingdom has submitted information to the Commission on the epidemiological situation on its territory and the measures taken to prevent the further spread of HPAI.

• (8) That information has been evaluated by the Commission. The Commision considers that, in view of the animal health situation in the areas under restrictions established by the veterinary authorities of the United Kingdom, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from those areas should be suspended, in order to protect the animal health status of the Union.

• (9) Canada, Chile, the United Kingdom and the United States have provided updated information in relation to situations that gave rise to the suspension of the entry of some products into the Union.

• (10) In particular, Canada has submitted updated information on the epidemiological situation on its territory in relation to eight outbreaks of HPAI in poultry establishments in the provinces of Ontario (2), Quebec (5) and Saskatchewan (1) which were confirmed between 26 September 2022 and 18 April 2023.

• (11) In addition, Chile has submitted updated information on the epidemiological situation on its territory in relation to five outbreaks of HPAI in poultry establishments in the regions of Valparaíso (4) and O'Higgins (1), which were confirmed between 12 March 2023 and 20 April 2023.

• (12) Moreover, 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 Yorkshire in England, United Kingdom, which was confirmed on 13 April 2023.

• (13) Furthermore, the United States has submitted updated information on the epidemiological situation on its territory in relation to 11 outbreaks of HPAI in poultry establishments in the states of California (1), Iowa (2), Mississippi (1), Nebraska (1), New York (1), Pennsylvania (3), South Dakota (1), Washington (1), which were confirmed between 12 December 2022 and 19 April 2023.

• (14) Canada, Chile, 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, Chile, 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.

• (15) The Commission has evaluated the information submitted by Canada, Chile, the United Kingdom and the United States. The Commission considers that Canada, Chile, the United Kingdom and the United States have provided appropriate guarantees that the animal health situation that gave rise to the suspensions, no longer represents a threat to animal or public health within the Union, and that, consequently, the entry into the Union of poultry commodities from the zones of those countries from which entry into the Union had been suspended should be reauthorised.

• (16) 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, Chile, the United Kingdom and the United States.

• (17) Taking into account the current epidemiological situation in Canada, Chile, 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.

• (18) 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, 8 June 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-2.100 is replaced by the following:

• (ii) in the entry for Canada, the row for the zone CA-2.174 is replaced by the following:

• (iii) in the entry for Canada, the rows for the zones CA-2.176, CA-2.177 and CA-2.178 are replaced by the following:

• (iv) in the entry for Canada, the row for the zone CA-2.180 is replaced by the following:

• (v) in the entry for Canada, the row for the zone CA-2.183 is replaced by the following:

• (vi) in the entry for Canada, the row for the zone CA-2.186 is replaced by the following:

• (vii) in the entry for Chile, the row for the zone CL-2.1 is replaced by the following:

• (viii) in the entry for Chile, the row for the zone CL-2.4 is replaced by the following:

• (ix) in the entry for Chile, the rows for the zones CL-2.7, CL-2.8 and CL-2.9 are replaced by the following:

• (x) in the entry for the United Kingdom, the row for the zone GB-2.299 is replaced by the following:

• (xi) in the entry for the United Kingdom, the following rows for the zones GB-2.304 and GB-2.305 are added after the row for the zone GB-2.303:

• (xii) in the entry for the United States, the row for the zone US-2.379 is replaced by the following:

• (xiii) in the entry for the United States, the row for the zone US-2.385 is replaced by the following:

• (xiv) in the entry for the United States, the row for the zone US-2.394 is replaced by the following:

• (xv) in the entry for the United States, the row for the zone US-2.397 is replaced by the following:

• (xvi) in the entry for the United States, the row for the zone US-2.406 is replaced by the following:

• (xvii) in the entry for the United States, the row for the zone US-2.410 is replaced by the following:

• (xviii) in the entry for the United States, the row for the zone US-2.415 is replaced by the following:

• (xix) in the entry for the United States, the row for the zone US-2.430 is replaced by the following:

• (xx) in the entry for the United States, the row for the zone US-2.442 is replaced by the following:

• (xxi) in the entry for the United States, the rows for the zones US-2.453 and US-2.454 are replaced by the following:

• (b) Part 2 is amended as follows:

• (i) in the entry for the United Kingdom, the following descriptions of the zones GB-2.304 and GB-2.305 are added after the description of the zone GB-2.303:

• (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-2.100 are replaced by the following:

• (ii) in the entry for Canada, the rows for the zone CA-2.174 are replaced by the following:

• (iii) in the entry for Canada, the rows for the zones CA-2.176, CA-2.177 and CA-2.178 are replaced by the following:

• (iv) in the entry for Canada, the rows for the zone CA-2.180 are replaced by the following:

• (v) in the entry for Canada, the rows for the zone CA-2.183 are replaced by the following:

• (vi) in the entry for Canada, the rows for the zone CA-2.186 are replaced by the following:

• (vii) in the entry for Chile, the rows for the zone CL-2.1 are replaced by the following:

• (viii) in the entry for Chile, the rows for the zone CL-2.4 are replaced by the following:

• (ix) in the entry for Chile, the rows for the zones CL-2.7, CL-2.8 and CL-2.9 are replaced by the following:

• (x) in the entry for the United Kingdom, the rows for the zone GB-2.299 are replaced by the following:

• (xi) in the entry for the United Kingdom, the following rows for the zones GB-2.304 and GB-2.305 are added after the row for the zone GB-2.303:

• (xii) in the entry for the United States, the rows for the zone US-2.379 are replaced by the following:

• (xiii) in the entry for the United States, the rows for the zone US-2.385 are replaced by the following:

• (xiv) in the entry for the United States, the rows for the zone US-2.394 are replaced by the following:

• (xv) in the entry for the United States, the rows for the zone US-2.397 are replaced by the following:

• (xvi) in the entry for the United States, the rows for the zone US-2.406 are replaced by the following:

• (xvii) in the entry for the United States, the rows for the zone US-2.410 are replaced by the following:

• (xviii) in the entry for the United States, the rows for the zone US-2.415 are replaced by the following:

• (xix) in the entry for the United States, the rows for the zone US-2.430 are replaced by the following:

• (xx) in the entry for the United States, the rows for the zone US-2.442 are replaced by the following:

• (xxi) in the entry for the United States, the rows for the zones US-2.453 and US-2.454 are replaced by the following: