Date: 2020-08-07Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2020/1166 of 6 August 2020 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United States in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza (Text with EEA relevance)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
This regulation amends Annex I to Regulation (EC) No 798/2008, updating the entry for the United States regarding imports and transit of poultry commodities into the EU. It addresses the presence and subsequent eradication of highly pathogenic avian influenza (HPAI) in the United States. The amendment reflects the lifting of restrictions following the completion of disease control measures, with effect from August 5, 2020, for specific areas.
Key Points / Main Content:
Amendment of Annex I to Regulation (EC) No 798/2008:
* The regulation modifies the list of third countries, territories, zones, or compartments from which certain poultry commodities may be imported into or transit through the Union.
* The entry for the United States in Part 1 of Annex I to Regulation (EC) No 798/2008 is replaced according to the Annex of this regulation.
HPAI and Regionalization:
* Following an outbreak of HPAI in Chesterfield County, South Carolina, the United States implemented control measures, including a 10 km control zone and a stamping-out policy.
* The Commission, through Implementing Regulation (EU) 2020/544, initially placed restrictions on poultry commodities from the affected area.
Resumption of Imports/Transit:
* Based on updated information and the completion of cleaning and disinfection by May 7, 2020, the United States is again considered free from HPAI from August 5, 2020.
* Imports into and transit through the Union of certain poultry commodities originating in the US are authorized again, with specific conditions, according to Article 9 of Regulation (EC) No 798/2008.
Specific conditions:
* The regulation sets out veterinary certificate models and specific conditions related to surveillance and vaccination status for different areas within the US.
* It provides opening and closing dates for specific regions such as Tennessee and Alabama and sets out restricted areas such as defined zones in South Carolina.
Entry into Force:
* This Regulation came into force on the third day following its publication in the Official Journal of the European Union.
Impact Analysis:
European Commission:
* Impact: The Commission is responsible for implementing and enforcing the amended regulation.
* Action Required: Ensure that the updated Annex I to Regulation (EC) No 798/2008 is applied correctly.
EU Member States:
* Impact: Member states must adhere to the updated import and transit conditions for poultry commodities from the United States.
* Action Required: Adjust import controls and veterinary certification procedures to align with the amended regulation.
United States (Poultry Producers/Exporters):
* Impact: Poultry producers and exporters in the United States are now subject to the amended import and transit conditions.
* Action Required: Comply with the new veterinary certification requirements to resume or continue exporting poultry commodities to the EU, particularly those in the specified states and counties.
EU Importers:
* Impact: EU importers can resume or continue importing poultry commodities from the United States, subject to the new conditions.
* Action Required: Ensure that imported poultry commodities meet the updated veterinary certification requirements.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Commission Implementing Regulation EU 2020/1166: A regulation amending Annex I to Regulation EC No 798/2008 regarding the entry for the United States in the list of third countries from which certain poultry commodities may be imported.
Regulation EC No 798/2008: Commission Regulation laying down veterinary certification requirements for imports into and transit through the Union of poultry and poultry products.
United States: A country that was subject to import restrictions due to the presence of Highly Pathogenic Avian Influenza (HPAI).
Council Directive 2002/99/EC: Council Directive laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption.
Council Directive 2009/158/EC: Council Directive on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs.
South Carolina: A state in the United States where Highly Pathogenic Avian Influenza (HPAI) was detected in a poultry holding.
Chesterfield County, South Carolina: A county in South Carolina where the presence of HPAI of subtype H7N3 was confirmed.
7.8.2020 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 258/11
COMMISSION IMPLEMENTING REGULATION (EU) 2020/1166
of 6 August 2020
amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United States in the
list of third countries, territories, zones or compartments from which certain poultry commodities
may be imported into or transit through the Union in relation to highly pathogenic avian influenza
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the
production, processing, distribution and introduction of products of animal origin for human consumption(1), and in
particular the introductory phrase of Article 8, the first subparagraph of paragraph 1 of Article 8, paragraph 4 of Article 8
and Article 9(4)(c) thereof,
Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-
Community trade in, and imports from third countries of, poultry and hatching eggs(2), and in particular Articles 23(1),
24(2) and 25(2) thereof,
Whereas:
(1) Commission Regulation (EC) No 798/2008(3) lays down veterinary certification requirements for imports into and
transit, including storage during transit, through the Union of poultry and poultry products (‘the commodities’). It
provides that the commodities are only to be imported into and transit through the Union from the third countries,
territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.
(2) Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to
be considered as free from highly pathogenic avian influenza (HPAI).
(3) The United States is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which
imports into and transit through the Union of the commodities are not restricted due to the presence of HPAI.
(4) The Agreement between the European Community and the United States of America on sanitary measures to protect
public and animal health in trade in live animals and animal products (‘the Agreement’)(4), approved by Council
Decision 98/258/EC(5), provides for the mutual recognition of regionalisation measures in the event of outbreaks
of a disease in the Union or in the United States.
(5) On 8 April 2020, the United States confirmed the presence of HPAI of subtype H7N3 in a poultry holding in
Chesterfield County in the State of South Carolina. Following the outbreak of HPAI, the veterinary authorities of the
United States placed a 10 km control zone around the affected holding, which included parts of Chesterfield,
Lancaster and Kershaw counties in the State of South Carolina and implemented a stamping-out policy in order to
control HPAI and limit the spread of that disease.
(1) OJ L 18, 23.1.2003, p. 11.
(2) OJ L 343, 22.12.2009, p. 74.
(3) Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments
from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification
requirements (OJ L 226, 23.8.2008, p. 1).
(4) OJ L 118, 21.4.1998, p. 3.
(5) Council Decision 98/258/EC of 16 March 1998 on the conclusion of the Agreement between the European Community and the
United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products
(OJ L 118, 21.4.1998, p. 1).L 258/12 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 7.8.2020
(6) By adopting Commission Implementing Regulation (EU) 2020/544(6), the Commission placed restrictions on the
introduction into the Union of poultry commodities from the area in the State of South Carolina affected by HPAI,
which the veterinary authorities of the United States had placed under restrictions due to the outbreak of HPAI.
(7) The United States has submitted updated information on the epidemiological situation on its territory and the
measures it has taken to prevent the further spread of HPAI, which have now been evaluated by the Commission. In
addition, the United States has reported on the completion of cleaning and disinfection measures on 7 May 2020
following the stamping out policy on the poultry holding where the HPAI outbreak was confirmed in April 2020.
(8) On the basis of the evaluation of the information provided by the United States, it is appropriate to indicate in Part 1
of Annex I to Regulation (EC) No 798/2008 the date of 5 August 2020, i.e. 90 days after the completion of the
stamping out policy and cleaning and disinfection measures, as of when that third country may again, in
accordance with Article 9 of Regulation (EC) No 798/2008, be considered free from HPAI and imports into and
transit through the Union of certain poultry commodities originating in that third country should be authorised
again.
(9) The entry for the United States in the table set out in Part 1 of Annex I to Regulation (EC) No 798/2008 should
therefore be amended to take account of the eradication of HPAI in that third country. Annex I to Regulation
(EC) No 798/2008 should therefore be amended accordingly.
(10) 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
Part 1 of Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third 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, 6 August 2020.
For the Commission
The President
Ursula VON DER LEYEN
(6) Commission Implementing Regulation (EU) 2020/544 of 20 April 2020 amending Annex I to Regulation (EC) No 798/2008 as
regards the entry for the United States in the list of third countries, territories, zones or compartments from which certain poultry
commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza (OJ L 121 I,
20.4.2020, p. 1).ANNEX
In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for the United States is replaced by the following:
Veterinary certificate
Code of third
ISO code and country,
name of third territory, Description of third country, territory, zone or compartment
country or zone or
territory compart-
ment
snoitidnoc
cificepS
Specific conditions
azneulfni
naivA
sutats
ecnallievrus
azneulfni
naivA
sutats
noitaniccav allenomlaS
)6(sutatS
lortnoC Model(s)
lanoitiddA seetnaraug
Closing date(1) Opening date(2)
1 2 3 4 5 6 6A 6B 7 8 9
‘US – United US-0 Whole country SPF
States
EP, E S4
US-1 The whole country of the United States excluding area WGM VIII
US-2
POU, RAT N
BPP, BPR, DOC, DOR, A S3, ST1
HEP, HER, SRP, SRA,
LT20
US-2 Territory of the United States corresponding to:
US-2.1 State of Tennessee: WGM VIII P2 4.3.2017 11.8.2017
Lincoln County
Franklin County
POU, RAT N
Moore County
P2
BPR, BPP, DOC, DOR, A S3, ST1
HEP, HER, SRP, SRA,
LT20
US-2.2 State of Alabama: WGM VIII P2 4.3.2017 11.8.2017
Madison County
Jackson County
POU, RAT N
P2
BPR, BPP, DOC, DOR, A S3, ST1
HEP, HER, SRP, SRA,
LT20
7.8.2020
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258/13US-2.3 State of South Carolina: WGM VIII P2 8.4.2020 5.8.2020
Chesterfield county/Lancaster county/Kershaw
county: POU, RAT N
A zone of a 10 km radius starting with N point on the P2
circular Chesterfield 02 premise Control Zone border BPR, BPP, DOC, DOR, A S3, ST1’
and extending in a clockwise fashion: HEP, HER, SRP, SRA,
(a) North: 2 km south from Highway 9, 0,03 km east LT20
from intersection of Airport Rd and Raymond
Deason Rd.
(b) Northeast: 1 km southwest from intersection of
Highway 268 and Cross Roads Church Rd.
(c) East: 5,1 km west from State Highway 109,
1,6 km west from Angelus Rd and Refuge Dr
(d) Southeast: 3,2 km northwest from intersection of
Highway 145 and Lake Bee Rd.
(e) South: 2,7 km east from intersection of Highway
151 and Catarah Rd.
(f) Southwest: 1,5 km east from intersection of
McBee Hwy and Mt Pisgah Rd.
(g) West: 1,3 km east from intersection of Texahaw
Rd and Buzzards Roost Rd.
(h) Northwest: Intersection of White Plains Church
Rd and Graves Rd.
L
258/14
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