Commission Implementing Regulation (EU) 2023/1788 of 15 September 2023 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for 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, fresh meat of and meat products from poultry and game birds.

• (5) The United Kingdom has notified the Commission of three outbreaks of highly pathogenic avian influenza (HPAI) in poultry, in the council areas of Aberdeenshire, Scotland, and Cheshire and Staffordshire, England, which were confirmed on 10 September 2023, 8 September 2023 and 7 September 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 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) The United States have provided updated information to the Commission in relation to epidemiological situations on its territory as regards HPAI that gave rise to the suspension of the entry of certain products into the Union, as set out in Annexes V and XIV to Implementing Regulation (EU) 2021/404.

• (10) The United States has submitted updated information on the epidemiological situation on its territory in relation to three outbreaks of HPAI in poultry establishments in the state of New York, which were confirmed between 25 July 2023 and 3 August 2023.

• (11) The United States has also submitted information on the measures that were taken to prevent the further spread of HPAI. 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 they have also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on its territory.

• (12) The Commission has evaluated the information submitted by the United States. The Commission considers that the United States has 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 concerned zones of the United States from which entry into the Union had been suspended, should be reauthorised.

• (13) Annexes V and XIV to Implementing Regulation (EU) 2021/404 should therefore be amended to take account of the current epidemiological situation as regards HPAI in the United Kingdom and the United States.

• (14) Taking into account the current epidemiological situation in the United Kingdom as regards HPAI, and in order to avoid unnecessary disruption of trade with the United States, 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

Entry into force and applicability

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, 15 September 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 the United States, the rows for the zones US-2.456, US-2.457 and US-2.458 are replaced by the following:

• (ii) in the entry for the United Kingdom, the following rows for the zones GB-2.318, GB-2.319 and GB-2.220 are added after the row for the zone GB-2.317:

• (b) in Part 2, in the entry for the United Kingdom, the following descriptions of the zones GB-2.318, GB-2.319 and GB-2.320 are added after the description of the zone GB-2.317:

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

• (a) in the entry for the United States, the rows for the zones US-2.456, US-2.457 and US-2.458 are replaced by the following:

• (b) in the entry for the United Kingdom, the following rows for the zones GB-2.318, GB-2.319 and GB-2.320 are added after the rows for the zone GB-2.317: