Commission Implementing Regulation (EU) 2024/359 of 17 January 2024 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 2 outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the provinces of Alberta and British Columbia, which were confirmed on 8 December 2023 and 13 December 2023 by laboratory analysis (RT-PCR).

• (6) The United States notified the Commission of 23 outbreaks of HPAI in poultry in the states of California (9), Idaho (1), Kansas (2), Michigan (2), Minnesota (1), Ohio (2), Pennsylvania (1), South Dakota (4), and Washington (1), which were confirmed between 14 December 2023 and 30 December 2023 by laboratory analysis (RT-PCR).

• (7) Following these recent outbreaks of HPAI, the veterinary authorities of Canada 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.

• (8) Canada 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.

• (9) 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 Canada and the United States, the entry into the Union of consigments 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.

• (10) In addition, 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.

• (11) The United Kingdom has submitted updated information on the epidemiological situation in relation to two outbreaks of HPAI in poultry in the counties of Devon and Northumberland, England, which were confirmed on 29 November 2023 and 27 November 2023, respectively.

• (12) The United States has submitted updated information on the epidemiological situation in relation to 11 outbreaks of HPAI in poultry estabmlishments in the states of Alabama, Georgia, Iowa, Minnesota, Montana and South Dakota, which were confirmed between 18 October 2023 and 21 November 2023.

• (13) 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.

• (14) The Commission has evaluated the information submitted by 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 the United Kingdom and the United States, from which entry into the Union had been suspended, should be reauthorised.

• (15) 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.

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

• (17) 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, 17 January 2024.

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 rows for the zones CA-2.227 and CA-2.228 are added after the row for the zone CA-2.226:

• (ii) in the entry for the United Kingdom, the rows for the zones GB-2.325 and GB-2.326 are replaced by the following:

• (iii) in the entry for the United States, the row for the zone US-2.469 is replaced by the following:

• (iv) in the entry for the United States, the rows for the zones US-2.472 and US-2.473 are replaced by the following:

• (v) in the entry for the United States, the row for the zone US-2.477 is replaced by the following:

• (vi) in the entry for the United States, the row for the zone US-2.485 is replaced by the following:

• (vii) in the entry for the United States, the rows for the zones US-2.493, US-2.494 and US-2.495 are replaced by the following:

• (viii) in the entry for the United States, the row for the zone US-2.502 is replaced by the following:

• (ix) in the entry for the United States, the row for the zone US-2.505 is replaced by the following:

• (x) in the entry for the United States, the row for the zone US-2.534 is replaced by the following:

• (xi) in the entry for the United States, the following rows for the zones US-2.584 to US-2.606 are added after the row for the zone US-2.583:

• (b) Part 2 is amended as follows:

• (i) in the entry for Canada, the following descriptions of the zones CA-2.227 and CA-2.228 are added after the row for the zone CA-2.226:

• (ii) in the entry for the United States, the following descriptions of the zones US-2.584 to US-2.606 are added after the descriptions of the zone US-2.583:

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

• (a) in the entry for Canada, the following rows for the zones CA-2.227 and CA-2.228 are added after the row for the zone CA-2.226:

• (b) in the entry for the United Kingdom, the rows for the zones GB-2.325 and GB-2.326 are replaced by the following:

• (c) in the entry for the United States, the rows for the zone US-2.469 are replaced by the following:

• (d) in the entry for the United States, the rows for the zones US-2.472 and US-2,473 are replaced by the following:

• (e) in the entry for the United States, the rows for the zone US-2.477 are replaced by the following:

• (f) in the entry for the United States, the rows for the zone US-2.485 are replaced by the following:

• (g) in the entry for the United States, the rows for the zones US-2.493, US-2.494 and US-2.495 are replaced by the following:

• (h) in the entry for the United States, the rows for the zone US-2.502 are replaced by the following:

• (i) in the entry for the United States, the rows for the zone US-2.505 are replaced by the following:

• (j) in the entry for the United States, the rows for the zone US-2.534 are replaced by the following:

• (k) in the entry for the United States, the following rows for the zones US-2.584 to US-2.606 are added after the rows for the zone US-2.583:

ELI: http://data.europa.eu/eli/reg_impl/2024/359/oj

ISSN 1977-0677 (electronic edition)