Date: 2022-02-25Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2022/305 of 24 February 2022 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)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
Commission Implementing Regulation (EU) 2022/305 amends Annexes V and XIV to Implementing Regulation (EU) 2021/404, modifying the lists of third countries authorized for the entry into the Union of consignments of poultry, germinal products of poultry, and fresh meat of poultry and game birds. These amendments address outbreaks of highly pathogenic avian influenza in the United Kingdom and the United States. The regulation took effect the day following its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Amendments to Annex V (Poultry and Germinal Products):**
* **United Kingdom:**
* Replaces the row for zone GB2.18 with updated dates (4.11.2021 - 8.2.2022) for permitted commodities.
* Adds a new row for zone GB2.97 (Near Holy Island, Berwick Upon Tweed, Northumberland, England) with a start date of 9.2.2022, restricting entry of poultry and germinal products.
* **United States:**
* Inserts rows for zones US2.5 (Fulton County, Kentucky), US2.6 (Webster County, Kentucky), and US2.7 (Dubois County, Indiana) with start dates of 12.2.2022, 15.2.2022, and 16.2.2022 respectively, restricting entry of poultry and germinal products.
* **Amendments to Annex XIV (Fresh Meat of Poultry and Game Birds):**
* **United Kingdom:**
* Replaces the row for zone GB2.18 with updated dates (4.11.2021 - 8.2.2022) for permitted commodities.
* Adds a new row for zone GB2.97 (Near Holy Island, Berwick Upon Tweed, Northumberland, England) with a start date of 9.2.2022, restricting entry of fresh meat of poultry and game birds.
* **United States:**
* Inserts rows for zones US2.5 (Fulton County, Kentucky), US2.6 (Webster County, Kentucky), and US2.7 (Dubois County, Indiana) with start dates of 12.2.2022, 15.2.2022, and 16.2.2022 respectively, restricting entry of fresh meat of poultry and game birds.
* **Zone Descriptions:**
* Provides specific geographical descriptions for zones GB2.97, US2.5, US2.6, and US2.7 based on a 10 km radius around the outbreak locations.
Impact Analysis:
* **United Kingdom and United States Veterinary Authorities:**
* *Impact:* Restrictions on exporting poultry, germinal products, and fresh meat of poultry/game birds from specific zones (GB2.97, US2.5, US2.6, US2.7) to the EU.
* *Action Required:* Enforce restrictions within the defined zones, provide updated epidemiological information to the Commission, and implement measures to control and prevent the spread of avian influenza.
* **European Union Member States:**
* *Impact:* Must implement and enforce the amended regulations regarding imports of poultry, germinal products, and fresh meat of poultry/game birds from the United Kingdom and the United States.
* *Action Required:* Update import controls and inspection procedures to reflect the changes in authorized third countries and zones.
* **Poultry and Game Bird Producers in Affected Zones (UK and US):**
* *Impact:* Inability to export poultry, germinal products, and fresh meat to the EU from restricted zones.
* *Action Required:* Comply with export restrictions and work with veterinary authorities to control and eradicate avian influenza.
* **Importers in EU Member States:**
* *Impact:* Changes in sourcing for poultry, germinal products, and fresh meat of poultry/game birds due to import restrictions.
* *Action Required:* Ensure compliance with new import regulations and adjust supply chains accordingly.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Commission Implementing Regulation EU 2021/404: A European Union regulation establishing lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted.
United Kingdom: A country in Europe which was subject to changes in Annexes V and XIV due to outbreaks of highly pathogenic avian influenza.
United States: A country in North America which was subject to changes in Annexes V and XIV due to outbreaks of highly pathogenic avian influenza.
Regulation EU 2016/429: A regulation of the European Parliament and of the Council on transmissible animal diseases (Animal Health Law).
Northumberland, England: A county in England, location of an outbreak of highly pathogenic avian influenza in poultry near Holy Island, Berwick Upon Tweed.
Kentucky, United States: A state in the United States, location of outbreaks of highly pathogenic avian influenza in poultry in Fulton and Webster counties.
Indiana, United States: A state in the United States, location of an outbreak of highly pathogenic avian influenza in poultry in Dubois county.
L 46/84 EN Official Journal of the European Union 25.2.2022
COMMISSION IMPLEMENTING REGULATION (EU) 2022/305
of 24 February 2022
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) thereof.
Whereas:
(1) Regulation (EU) 2016/429 requires 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 with which
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, and of fresh meat from poultry and game birds.
(5) The United Kingdom notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The
outbreak is located near Holy Island, Berwick Upon Tweed, Northumberland, England, and was confirmed on
9 February 2022by laboratory analysis (RT-PCR).
(6) Moreover, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in poultry.
The outbreak is located in Fulton county, state of Kentucky, United States, and was confirmed on 12 February 2022
by laboratory analysis (RT-PCR).
(1) OJ L 84, 31.3.2016, p. 1.
(2) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European
Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments
of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).
(3) Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones
thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance
with Regulation (EU) 2016/429 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 1).25.2.2022 EN Official Journal of the European Union L 46/85
(7) Furthermore, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in
poultry. The outbreak is located in Webster county, state of Kentucky, United States, and was confirmed on
15 February 2022by laboratory analysis (RT-PCR).
(8) Additionally, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in
poultry. The outbreak is located in a second establishment in the already affected Dubois county, state of Indiana,
United States and was confirmed on 16 February 2022by laboratory analysis (RT-PCR).
(9) The veterinary authorities of the United Kingdom and the United States established a 10 km control zone around the
affected establishments and implemented a stamping-out policy in order to control the presence of highly
pathogenic avian influenza and limit the spread of that disease.
(10) The United Kingdom and the United States have submitted information to the Commission on the epidemiological
situation on their territory and the measures they have taken to prevent the further spread of highly pathogenic
avian influenza. That information has been evaluated by the Commission. On the basis of that evaluation, the entry
into the Union of consigments of poultry, germinal products of poultry, and fresh meat from poultry and game birds
from the areas under restrictions established by the veterinary authorities of the United Kingdom and the United
States due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised.
(11) The animal health situation in several areas of the United Kingdom and of the United States as regards highly
pathogenic avian influenza is such that their suspension from the lists set out in Annexes V and XIV to
Implementing Regulation (EU) 2021/404 is necessary in order to protect the animal health status of the Union.
(12) Moreover, the United Kingdom has submitted updated information on the epidemiological situation on its territory
in relation to the outbreak of HPAI confirmed in a poultry establishment on 4 November 2021 near Arbroath,
Angus, Scotland and the measures it has taken to prevent the further spread of that disease. In particular, following
this outbreak of HPAI, the United Kingdom has implemented a stamping out policy in order to control and limit the
spread of that disease. In addition, the United Kingdom completed the requisite cleaning and disinfection measures
following the implementation of the stamping out policy on the infected poultry establishment on its territory.
(13) The Commission has evaluated the information submitted by the United Kingdom and concluded that the HPAI
outbreak in a poultry establishment near Arbroath, Angus, Scotland has been cleared and that there is no longer
any risk associated with the entry into the Union of poultry commodities from the area of the United Kingdom
from where entry into the Union of poultry commodities has been suspended due to that outbreak.
(14) Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended accordingly.
(15) Taking into account the current epidemiological situation in the United Kingdom and in the United States as regards
highly pathogenic avian influenza and the serious risk of its introduction into the Union, the amendments to be
made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.
(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
Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this
Regulation.L 46/86 EN Official Journal of the European Union 25.2.2022
Article 2
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, 24 February 2022.
For the Commission
The President
Ursula VON DER LEYENANNEX
Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as follows:
(1) Annex V is amended as follows:
(a) Part 1 is amended as follows:
(i) in the entry for the United Kingdom, the row for the zone GB-2.18 is replaced by the following:
Breeding poultry other than ratites and BPP N, P1 4.11.2021 8.2.2022
productive poultry other than ratites
Breeding ratites and productive ratites BPR N, P1 4.11.2021 8.2.2022
Poultry intended for slaughter other than ratites SP N, P1 4.11.2021 8.2.2022
Ratites intended for slaughter SR N, P1 4.11.2021 8.2.2022
Day-old chicks other than ratites DOC N, P1 4.11.2021 8.2.2022
‘GB
GB-2.18
United Kingdom
Day-old chicks of ratites DOR N, P1 4.11.2021 8.2.2022
Less than 20 heads of poultry other than ratites POU-LT20 N, P1 4.11.2021 8.2.2022
Hatching eggs of poultry other than ratites HEP N, P1 4.11.2021 8.2.2022
Hatching eggs of ratites HER N, P1 4.11.2021 8.2.2022
Less than 20 hatching eggs of poultry other than HE-LT20 N, P1 4.11.2021 8.2.2022’
ratites
(ii) in the entry for the United Kingdom, the following row for the zone GB-2.97 is added after the row for zone GB-2.96:
Breeding poultry other than ratites and BPP N, P1 9.2.2022
productive poultry other than ratites
‘GB Breeding ratites and productive ratites BPR N, P1 9.2.2022
GB-2.97
United Kingdom
Poultry intended for slaughter other than ratites SP N, P1 9.2.2022
Ratites intended for slaughter SR N, P1 9.2.2022
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46/87Day-old chicks other than ratites DOC N, P1 9.2.2022
Day-old chicks of ratites DOR N, P1 9.2.2022
Less than 20 heads of poultry other than ratites POU-LT20 N, P1 9.2.2022
Hatching eggs of poultry other than ratites HEP N, P1 9.2.2022
Hatching eggs of ratites HER N, P1 9.2.2022
Less than 20 hatching eggs of poultry other than HE-LT20 N, P1 9.2.2022’
ratites
(iii) in the entry for the United States, the following rows for zones US-2.5, U.S-2.6 and US-2.7 are inserted after the row for zone US-2.4:
Breeding poultry other than ratites and BPP N, P1 12.2.2022
productive poultry other than ratites
Breeding ratites and productive ratites BPR N, P1 12.2.2022
Poultry intended for slaughter other than ratites SP N, P1 12.2.2022
Ratites intended for slaughter SR N, P1 12.2.2022
Day-old chicks other than ratites DOC N, P1 12.2.2022
US.2.5
‘US Day-old chicks of ratites DOR N, P1 12.2.2022
United States
Less than 20 heads of poultry other than ratites POU-LT20 N, P1 12.2.2022
Hatching eggs of poultry other than ratites HEP N, P1 12.2.2022
Hatching eggs of ratites HER N, P1 12.2.2022
Less than 20 hatching eggs of poultry other than HE-LT20 N, P1 12.2.2022
ratites
Breeding poultry other than ratites and BPP N, P1 15.2.2022
US.2.6
productive poultry other than ratites
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25.2.2022Breeding ratites and productive ratites BPR N, P1 15.2.2022
Poultry intended for slaughter other than ratites SP N, P1 15.2.2022
Ratites intended for slaughter SR N, P1 15.2.2022
Day-old chicks other than ratites DOC N, P1 15.2.2022
Day-old chicks of ratites DOR N, P1 15.2.2022
Less than 20 heads of poultry other than ratites POU-LT20 N, P1 15.2.2022
Hatching eggs of poultry other than ratites HEP N, P1 15.2.2022
Hatching eggs of ratites HER N, P1 15.2.2022
Less than 20 hatching eggs of poultry other than HE-LT20 N, P1 15.2.2022
ratites
Breeding poultry other than ratites and BPP N, P1 16.2.2022
productive poultry other than ratites
Breeding ratites and productive ratites BPR N, P1 16.2.2022
Poultry intended for slaughter other than ratites SP N, P1 16.2.2022
Ratites intended for slaughter SR N, P1 16.2.2022
Day-old chicks other than ratites DOC N, P1 16.2.2022
US.2.7
Day-old chicks of ratites DOR N, P1 16.2.2022
Less than 20 heads of poultry other than ratites POU-LT20 N, P1 16.2.2022
Hatching eggs of poultry other than ratites HEP N, P1 16.2.2022
Hatching eggs of ratites HER N, P1 16.2.2022
Less than 20 hatching eggs of poultry other than HE-LT20 N, P1 16.2.2022’
ratites
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46/89(b) Part 2 is amended as follows:
(i) in the entry for the United Kingdom, the following description of the zone GB-2.97 is added after the row GB-2.96:
Near Holy Island, Berwick Upon Tweed, Northumberland, England:
‘United Kingdom GB-2.97 The area contained within a circle of a radius of 10 km, centred on WGS84 dec,
coordinates N55.67 and W1.80’
(ii) in the entry for the United States, the following descriptions of the zones US-2.5, US-2.6 and US-2.7 are added after the description of the zone US-2.4:
State of Kentucky, with zone partially extending into State of Tennessee:
Fulton County (Fulton01): a zone of a 10 km radius starting with North point on the
circular Fulton 01 premise Control Zone border and extending in a clockwise
fashion:
(a) North: 1.0 km north-northwest from intersection of US Highway 51S and
Sawmill Road.
(b) Northeast: 0.9 km south-southeast from the intersection of State Route 307S
and State Route 924.
(c) East: 0.4 km east intersection of State Route 2150 and State Route 129.
US-2.5 (d) Southeast: 0.7 km southeast from intersection of Billy Owens Road and Chapel
Hill Road.
(e) South: 2.3 km east-southeast from intersection of Hollie Hutchinson Road and
Knox Daniel Road.
(f) Southwest: 0.4 km northwest from intersection of Hubert Harris Road and
‘United States Barham Road.
(g) West: 1.1 km southeast from intersection of State Route 1127 and State Route
166 W.
(h) Northwest: 2.6 km north-northeast of intersection of State Route 239 N and
State Route 94 W.
State of Kentucky:
Webster County (Webster01): a zone of a 10 km radius starting with North point on
the circular Webster01 premise Control Zone border and extending in a clockwise
fashion:
US-2.6
(a) North: 2.1 km north-northwest from intersection of Edward T Breathitt
Pennyrile Parkway and State Road 56W.
(b) Northeast: 1.8 km north from the intersection of Roland Landing and Gravel Pit
Road.
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25.2.2022(c) East: 1.1 km west from intersection of Weldon Road and Onton Road
(d) Southeast: 3.6 km southeast from intersection of Edward T Breathitt Pennyrile
Parkway and Jewel City Road.
(e) South: 0.4 km east from intersection of Jones Road and Stagecoach Road.
(f) Southwest: 1.1 km northwest from intersection of Gooch Jones Road and State
Route 120 E.
(g) West: 0.7 km south-southeast from intersection of State Route 283 and State
Route 132 E.
(h) Northwest: 1.8 km southwest of intersection of State Route 56 E and
Cottingham Pratt Road.
US-2.7 State of Indiana:
Dubois County (Dubois02): a zone of a 10 km radius starting with North point on
the circular Dubois 02 premise Control Zone border and extending in a clockwise
fashion:
(a) North: 1.2 km north-northeast from intersection of E. Schnellville Road and S
Rustic Lane.
(b) Northeast: 2.1 km north-northwest from the intersection of S 600E and E 400S
highways.
(c) East: 1.0 km northwest intersection of S Schnell Road and S Kyana Road.
(d) Southeast: 0.7 km north from intersection of Highway 64 and E Ferdinand Road E.
(e) South: 0.4 km northeast from intersection of County Road 875 E and E County
Road 2100N.
(f) Southwest: 0.9 km northeast from intersection of S US Highway 231 and W
1100 S.
(g) West: 0.8 km northeast from intersection of S 500W and W 630S.
(h) Northwest: 1.0 km north of intersection of S US Highway 231 and S Witz
Road.’
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46/91(2) Annex XIV is amended as follows:
(a) Part 1 is amended as follows:
(i) in the entry for the United Kingdom, the row for the zone GB-2.18 is replaced by the following:
Fresh meat of poultry other than ratites POU N, P1 4.11.2021 8.2.2022
‘GB
GB-2.18 Fresh meat of ratites RAT N, P1 4.11.2021 8.2.2022
United Kingdom
Fresh meat of game birds GBM P1 4.11.2021 8.2.2022’
(ii) in the entry for the United Kingdom, the following row for the zone GB-2.97 is added after the row for the zone GB-2.96:
Fresh meat of poultry other than ratites POU N, P1 9.2.2022
‘GB
GB-2.97 Fresh meat of ratites RAT N, P1 9.2.2022
United Kingdom
Fresh meat of game birds GBM P1 9.2.2022’
(iii) in the entry for the United States, the following rows for the zones US-2.5, U.S-2.6 and US-2.7 are added after the row for the zone US-2.4:
Fresh meat of poultry other than ratites POU N, P1 12.2.2022
US-2.5 Fresh meat of ratites RAT N, P1 12.2.2022
Fresh meat of game birds GBM P1 12.2.2022
Fresh meat of poultry other than ratites POU N, P1 15.2.2022
‘US
US-2.6 Fresh meat of ratites RAT N, P1 15.2.2022
United States
Fresh meat of game birds GBM P1 15.2.2022
Fresh meat of poultry other than ratites POU N, P1 16.2.2022
US-2.7 Fresh meat of ratites RAT N, P1 16.2.2022
Fresh meat of game birds GBM P1 16.2.2022’
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25.2.2022(b) in Part 2, in the entry for the United States, the following description of the zones US-2.5, U.S-2.6 and US-2.7 are added after the description of the zone US-2.4:
State of Kentucky, with zone partially extending into State of Tennessee:
Fulton County (Fulton01): a zone of a 10 km radius starting with North point on the
circular Fulton 01 premise Control Zone border and extending in a clockwise fashion:
(a) North: 1.0 km north-northwest from intersection of US Highway 51S and Sawmill
Road.
(b) Northeast: 0.9 km south-southeast from the intersection of State Route 307S and
State Route 924.
(c) East: 0.4 km east intersection of State Route 2150 and State Route 129.
(d) Southeast: 0.7 km southeast from intersection of Billy Owens Road and Chapel Hill
US-2.5
Road.
(e) South: 2.3 km east-southeast from intersection of Hollie Hutchinson Road and
Knox Daniel Road.
(f) Southwest: 0.4 km northwest from intersection of Hubert Harris Road and Barham
Road.
(g) West: 1.1 km southeast from intersection of State Route 1127 and State Route 166
W.
(h) Northwest: 2.6 km north-northeast of intersection of State Route 239 N and State
Route 94 W.
‘United States
State of Kentucky:
Webster County (Webster01): a zone of a 10 km radius starting with North point on the
circular Webster01 premise Control Zone border and extending in a clockwise fashion:
(a) North: 2.1 km north-northwest from intersection of Edward T Breathitt Pennyrile
Parkway and State Road 56W.
(b) Northeast: 1.8 km north from the intersection of Roland Landing and Gravel Pit
Road.
(c) East: 1.1 km west from intersection of Weldon Road and Onton Road
US-2.6 (d) Southeast: 3.6 km southeast from intersection of Edward T Breathitt Pennyrile
Parkway and Jewel City Road.
(e) South: 0.4 km east from intersection of Jones Road and Stagecoach Road.
(f) Southwest: 1.1 km northwest from intersection of Gooch Jones Road and State
Route 120 E.
(g) West: 0.7 km south-southeast from intersection of State Route 283 and State Route
132 E.
(h) Northwest: 1.8 km southwest of intersection of State Route 56 E and Cottingham
Pratt Road.
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46/93State of Indiana:
Dubois County (Dubois02): a zone of a 10 km radius starting with North point on the
circular Dubois 02 premise Control Zone border and extending in a clockwise fashion:
(a) North: 1.2 km north-northeast from intersection of E. Schnellville Road and S
Rustic Lane.
(b) Northeast: 2.1 km north-northwest from the intersection of S 600E and E 400S
highways.
US-2.7 (c) East: 1.0 km northwest intersection of S Schnell Road and S Kyana Road.
(d) Southeast: 0.7 km north from intersection of Highway 64 and E Ferdinand Road E.
(e) South: 0.4 km northeast from intersection of County Road 875 E and E County
Road 2100N.
(f) Southwest: 0.9 km northeast from intersection of S US Highway 231 and W 1100
S.
(g) West: 0.8 km northeast from intersection of S 500W and W 630S.
(h) Northwest: 1.0 km north of intersection of S US Highway 231 and S Witz Road.’
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