Commission Implementing Regulation (EU) 2024/2171 of 20 August 2024 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for the United States in the lists of third countries, territories, or zones thereof 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 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 sets out 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 Implementing 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) The United States has notified the Commission of an outbreak of highly pathogenic avian influenza (HPAI) in poultry in the state of Florida, which was confirmed on 5 August 2024 by laboratory analysis (RT-PCR).

• (6) Following that recent outbreak of HPAI, the veterinary authority of the United States established a restricted zone of at least 10 km around the affected establishment and implemented a stamping-out policy to control the presence of HPAI and limit the spread of that disease.

• (7) The United States has submitted information to the Commission on the epidemiological situation on its territory and the measures taken to prevent the further spread of HPAI following this recent outbreak in the state of Florida.

• (8) That information has been evaluated by the Commission. The Commission considers that, in view of the animal health situation in the restricted zone established by the veterinary authority of 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 that restricted zone in the state of Florida should be suspended, in order to protect the animal health status of the Union.

• (9) In addition, the United States has provided updated information to the Commission in relation to the epidemiological situation on its territory as regards HPAI that gave rise to the suspension of the entry into the Union of certain products, as set out in Annexes V and XIV to Implementing Regulation (EU) 2021/404. That updated information concerned the epidemiological situation in relation to nine outbreaks of HPAI in poultry in the states of Iowa (1), Massachusetts (1), Michigan (1), Minnesota (5) and New Mexico (1), which were confirmed between 7 March 2023 and 31 May 2024 by laboratory analysis (RT-PCR).

• (10) The United States has also submitted information on the measures it has taken to prevent the further spread of HPAI following those nine outbreaks. In particular, following the outbreaks of HPAI, the United States has 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 establishments on its territory.

• (11) The Commission has evaluated the information submitted by the United States, and considers that it has 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 that third country, 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 States, from which entry into the Union had been suspended, should be reauthorised.

• (12) 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 States.

• (13) Furthermore, Commission Implementing Regulation (EU) 2024/2028 ⁴ amended the table set out in Part 1, Section B, of Annex V and the table set out in Part 1, Section B, of Annex XIV to Implementing Regulation (EU) 2021/404, by introducing ‘opening dates’ for 18 previously closed zones in the United States. However, errors have now been detected in the Annex to Implementing Regulation (EU) 2024/2028, as regards the ‘closing dates’ in column 6 of those tables for those 18 zones. In addition, errors have been detected in that Annex, as regards the ‘opening dates’ in column 7 of those tables for zones US-2.634 and US-2.635. It is therefore appropriate to correct those dates. Annexes V and XIV to Implementing Regulation (EU) 2021/404 should, therefore, be corrected accordingly.

• (14) Taking into account the current epidemiological situation in the United States as regards HPAI, and in order to avoid any unnecessary disruption of trade, 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) In addition, the correction of the errors in the closing dates for the 18 zones in the United States and of the errors in the opening dates for zones US-2.634 and US-2.635 in Part 1, Section B of Annex V and Part 1, Section B of Annex XIV to Implementing Regulation (EU) 2021/404, should apply from the date of entry into force of Implementing Regulation (EU) 2024/2028.

• (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

Amendments to Implementing Regulation (EU) 2021/404

Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended in accordance with Part I of the Annex to this Regulation.

Article 2

Corrections to Implementing Regulation (EU) 2021/404

Annexes V and XIV to Implementing Regulation (EU) 2021/404 are corrected in accordance with Part II of the Annex to this Regulation.

Article 3

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.

However, Article 2 shall apply from 24 July 2024.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 August 2024.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX

PART I

AMENDMENTS TO IMPLEMENTING REGULATION (EU) 2021/404

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, in Section B, the entry for the United States is amended as follows:

• (i) the row for the zone US-2.631 is replaced by the following:

• (ii) the row for the zone US-2.642 is replaced by the following:

• (iii) the row for the zone US-2.644 is replaced by the following:

• (iv) the rows for the zones US-2.652, US-2.653 and US-2.654 are replaced by the following:

• (v) the row for the zone US-2.656 is replaced by the following:

• (vi) the rows for the zones US-2.658 and US-2.659 are replaced by the following:

• (vii) the following row for the zone US-2.676 is added after the row for the zone US-2.675:

• (b) in Part 2, in the entry for the United States, the following description of zone US-2.676 is added after the description of the zone US-2.675:

• (2) in Annex XIV, in Part 1, in Section B, the entry for the United States, is amended as follows:

• (a) the rows for the zone US-2.631 are replaced by the following:

• (b) the rows for the zone US-2.642 are replaced by the following:

• (c) the rows for the zone US-2.644 are replaced by the following:

• (d) the rows for the zones US-2.652, US-2.653 and US-2.654 are replaced by the following:

• (e) the rows for the zone US-2.656 are replaced by the following:

• (f) the rows for the zones US-2.658 and US-2.659 are replaced by the following:

• (g) the following rows for zone US-2.676 are added after the rows for the zone US-2.675:

PART II

CORRECTIONS TO IMPLEMENTING REGULATION (EU) 2021/404

• (1) in Annex V, in Part 1, in Section B, the entry for the United States is corrected as follows:

• (a) the row for the zone US-2.575 is replaced by the following:

• (b) the row for the zone US-2.581 is replaced by the following:

• (c) the row for the zone US-2.586 is replaced by the following:

• (d) the rows for the zones US-2.594, US-2.595 and US-2.596 are replaced by the following:

• (e) the row for the zone US-2.608 is replaced by the following:

• (f) the row for the zone US-2.610 is replaced by the following:

• (g) the row for the zone US-2.612 is replaced by the following:

• (h) the row for the zone US-2.612 is replaced by the following:

• (i) the rows for the zones US-2.633 to US-2.636 are replaced by the following:

• (j) the rows for the zones US-2.639 and US-2.640 are replaced by the following:

• (k) the row for the zone US-2.646 is replaced by the following:

• (l) the row for the zone US-2.651 is replaced by the following:

• (2) in Annex XIV, in Part 1, in Section B, the entry for the United States is corrected as follows:

• (a) the rows for the zone US-2.575 are replaced by the following:

• (b) the rows for the zone US-2.581 are replaced by the following:

• (c) the rows for the zone US-2.586 are replaced by the following:

• (d) the rows for the zones US-2.594, US-2.595 and US-2.596 are replaced by the following:

• (e) the rows for the zone US-2.608 are replaced by the following:

• (f) the rows for the zone US-2.610 are replaced by the following:

• (g) the rows for the zone US-2.612 are replaced by the following:

• (h) the rows for the zone US-2.617 are replaced by the following:

• (i) the rows for the zones US-2.633 to US-2.636 are replaced by the following:

• (j) the rows for the zones US-2.639 and US-2.640 are replaced by the following:

• (k) the rows for the zone US-2.646 are replaced by the following:

• (l) the rows for the zone US-2.651 are replaced by the following:

ELI: http://data.europa.eu/eli/reg_impl/2024/2171/oj

ISSN 1977-0677 (electronic edition)