Commission Implementing Regulation (EU) 2023/2809 of 21 December 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 and germinal products of poultry, and of fresh meat of poultry and game birds

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 lays down the lists of third countries, or territories, or zones 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. Those lists and certain general rules concerning those lists are set out in Annexes I to XXII to that Regulation.

• (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 and germinal products of poultry, and of fresh meat of poultry and game birds.

• (5) Canada has notified the Commission of 12 outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the provinces of Alberta (4), British Columbia (3), Manitoba (1), Quebec (2), and Saskatchewan (2), which were confirmed between 9 November 2023 and 5 December 2023 by laboratory analysis (RT-PCR).

• (6) The United Kingdom has notified the Commission of an outbreak of highly pathogenic avian influenza (HPAI) in poultry in Scotland, on the Orkney Islands, which was confirmed on 22 November 2023 by laboratory analysis (RT-PCR).

• (7) The United States notified the Commission of six outbreaks of HPAI in poultry in the states of Arkansas (1), California (3), New York (1) and South Dakota (1) which were confirmed between 7 December 2023 and 13 December 2023 by laboratory analysis (RT-PCR).

• (8) Following these recent outbreaks of HPAI, the veterinary authorities of Canada, the United Kingdom and the United States 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.

• (9) Canada, the United Kingdom and the United States have submitted information to the Commission on the epidemiological situation on their territories and the measures taken to prevent the further spread of HPAI.

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

• (11) In addition, Canada, the United Kingdom and the United States have provided updated information to the Commission in relation to the epidemiological situation on their territories 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.

• (12) Canada has submitted updated information on the epidemiological situation in relation to outbreaks of HPAI in the provinces of Alberta (1), Quebec (1), and Saskatchewan (2), which were confirmed between 25 October 2023 and 31 October 2023 by laboratory analysis (RT-PCR).

• (13) The United Kingdom has submitted updated information on the epidemiological situation in relation to an outbreak of HPAI in turkey in Lincolnshire, England, which was confirmed on 9 November 2023.

• (14) The United States has submitted updated information on the epidemiological situation in relation to two outbreaks of HPAI in poultry establishments in the states of Minnesota and South Dakota, which were confirmed on 3 November 2023 and 25 October 2023, respectively.

• (15) 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 the outbreaks of HPAI, they have implemented a stamping out policy in order to control and limit the spread of that disease, and also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishment on their territories.

• (16) The Commission has evaluated the information submitted by Canada, the United Kingdom and the United States, and considers that they have provided appropriate guarantees that the animal health situation that gave rise to the suspension of the entry of consignments of certain products into the Union from the concerned zones in those third countries, as set out in Annexes V and XIV to Implementing Regulation (EU) 2021/404, no longer represents a threat to animal or public health within the Union, and that, consequently, the entry into the Union of those consignments from the concerned zones of Canada, the United Kingdom and the United States, from which entry into the Union had been suspended, should be reauthorised.

• (17) 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 Canada, the United States, and the United Kingdom.

• (18) Taking into account the current epidemiological situation in Canada, the United Kingdom and the United States as regards HPAI, and in order to avoid unnecessary disruption of trade with those third countries, 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.

• (19) 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, 21 December 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 following row for the zone CA-2.198 is replaced by the following:

• (ii) in the entry for Canada, the following rows for the zones CA-2.201, CA-2.202 and CA-2.203 are replaced by the following:

• (iii) in the entry for Canada, the following rows for the zones CA-2.215 to CA-2.226 are added after the row for the zone CA-2.214:

• (iv) in the entry for the United Kingdom, the row for the zone GB-2.324 is replaced by the following:

• (v) in the entry for the United Kingdom, the following row for the zone GB-2.327 is added after the row for the zone GB-2.326:

• (vi) in the entry for the United States, the row for the zone US-2.478 is replaced by the following:

• (vii) in the entry for the United States, the row for the zone US-2.491 is replaced by the following:

• (viii) in the entry for the United States, the following rows for the zones US-2.578 to US-2.583 are added after the row for the zone US-2.577:

• (b) Part 2 is amended as follows:

• (i) in the entry for Canada, the following descriptions for the zones CA-2.215 to CA-2.226 are added after the row for the zone CA-2.214:

• (ii) in the entry for the United Kingdom, the following description of the zone GB-2.327 is added after the description of the zone GB-2.326:

• (iii) in the entry for the United States, the following descriptions of the zones US–2.578 to US-2.583 are added after the description of the zone US-2.577:

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

• (a) in the entry for Canada, the rows for the zone CA-2.198 are replaced by the following:

• (b) in the entry for Canada, the rows for the zones CA-2.201, CA-2.202 and CA-2.203 are replaced by the following:

• (c) in the entry for Canada, the following rows for the zones CA-2.215 to CA-2.226 are added after the row for the zone CA-2.214:

• (d) in the entry for the United Kingdom, the rows for the zone GB-2.324 are replaced by the following:

• (e) in the entry for the United Kingdom, the following rows for the zone GB-2.327 are added after the rows for the zone GB-2.326:

• (f) in the entry for the United States, the rows for the zone US-2.478 are replaced by the following:

• (g) in the entry for the United States, the rows for the zone US-2.491 are replaced by the following:

• (h) in the entry for the United States, the following rows for the zones US-2.578 to US-2.583 are added after the rows for the zone US-2.577:

ELI: http://data.europa.eu/eli/reg_impl/2023/2809/oj

ISSN 1977-0677 (electronic edition)