Date: 2023-09-19Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2023/1788 of 15 September 2023 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) 2023/1788 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 recent outbreaks of highly pathogenic avian influenza (HPAI) in the United Kingdom and updated information from the United States. The regulation entered into force on the day following its publication in the Official Journal of the European Union (September 19, 2023).
Key Points / Main Content:
* **Regulation Purpose:** To amend Annexes V and XIV to Implementing Regulation (EU) 2021/404 concerning the list of authorized third countries for poultry and related product imports into the EU.
* **United Kingdom - Restrictions Due to HPAI:**
* Following HPAI outbreaks, the entry into the Union of consignments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from restricted zones in the United Kingdom is suspended.
* New restricted zones (GB2.318, GB2.319, GB2.320) are added to Annexes V and XIV, defined by specific coordinates and radii around outbreak locations in Aberdeenshire, Cheshire and Staffordshire.
* **United States - Reauthorization Following HPAI:**
* The entry into the Union of poultry commodities from specific zones of the United States (US2.456, US2.457, US2.458) from which entry into the Union had been suspended, is reauthorized.
* Annexes V and XIV are updated to reflect the lifting of restrictions on these zones, based on provided guarantees that the animal health situation no longer poses a threat to the Union.
* **Implementation:** Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as per the Annex to this regulation.
Impact Analysis:
**European Commission:**
* Impact: Evaluated information from the UK and US regarding HPAI outbreaks and implemented changes to regulations accordingly.
* Action Required: Ensure the amendments to Annexes V and XIV of Implementing Regulation EU 2021/404 are enforced.
**United Kingdom Veterinary Authorities:**
* Impact: Restricted zones established due to HPAI outbreaks lead to suspension of poultry and related product exports from those areas to the EU.
* Action Required: Continue to implement stamping-out policies, provide updated epidemiological information to the Commission, and adhere to the restrictions outlined in the amended Annexes V and XIV.
**United States Veterinary Authorities:**
* Impact: Successfully provided updated information and guarantees regarding HPAI outbreaks, leading to the reauthorization of poultry and related product exports from specific zones to the EU.
* Action Required: Maintain surveillance and control measures for HPAI, and continue to provide timely updates to the Commission regarding epidemiological situations.
**Poultry and Game Bird Producers/Exporters (UK and US):**
* Impact: UK producers in restricted zones face temporary suspension of exports to the EU. US producers in previously restricted zones can resume exports to the EU.
* Action Required: UK producers must comply with export restrictions. US producers should ensure compliance with all relevant animal health requirements for export to the EU.
**EU Member States:**
* Impact: Must apply the updated lists of authorized third countries for poultry and related product imports.
* Action Required: Enforce the amended Annexes V and XIV to Implementing Regulation EU 2021/404 at border control posts.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
United Kingdom: A country in Europe that has notified the Commission of outbreaks of highly pathogenic avian influenza (HPAI) in poultry.
United States: A country that has provided updated information to the Commission in relation to epidemiological situations regarding HPAI.
Commission Implementing Regulation EU 2021/404: A European Union regulation establishing lists of third countries, territories, or zones from which the entry into the Union of certain animals and products is permitted.
Regulation EU 2016/429: A European Union regulation on transmissible animal diseases (Animal Health Law).
Aberdeenshire, Scotland: Council area in Scotland where outbreaks of highly pathogenic avian influenza HPAI in poultry have been confirmed.
Cheshire, England: County in England where outbreaks of highly pathogenic avian influenza HPAI in poultry have been confirmed.
Staffordshire, England: County in England where outbreaks of highly pathogenic avian influenza HPAI in poultry have been confirmed.
19.9.2023 EN Official Journal of the European Union L 230/7
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1788
of 15 September 2023
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) 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) 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, fresh meat of and meat products from poultry and game birds.
(5) The United Kingdom has notified the Commission of three outbreaks of highly pathogenic avian influenza (HPAI) in
poultry, in the council areas of Aberdeenshire, Scotland, and Cheshire and Staffordshire, England, which were
confirmed on 10 September 2023, 8 September 2023and 7 September 2023, respectively, by laboratory analysis
(RT-PCR).
(6) Following those recent outbreaks of HPAI, the veterinary authorities of the United Kingdom 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.
(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).L 230/8 EN Official Journal of the European Union 19.9.2023
(7) The United Kingdom has submitted information to the Commission on the epidemiological situation on its territory
and the measures taken to prevent the further spread of HPAI.
(8) 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 the United Kingdom, the
entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat of poultry and game
birds from those areas should be suspended, in order to protect the animal health status of the Union.
(9) The United States have provided updated information to the Commission in relation to epidemiological situations
on its territory 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.
(10) The United States has submitted updated information on the epidemiological situation on its territory in relation to
three outbreaks of HPAI in poultry establishments in the state of New York, which were confirmed between 25 July
2023and 3 August 2023.
(11) The United States has also submitted information on the measures that were taken to prevent the further spread of
HPAI. In particular, following those outbreaks of that disease, the United States has implemented a stamping out
policy in order to control and limit the spread of that disease, and they have also completed the requisite cleaning
and disinfection following the implementation of the stamping out policy on the infected poultry establishments on
its territory.
(12) The Commission has evaluated the information submitted by the United States. The Commission considers that the
United States has provided appropriate guarantees that the animal health situation that gave rise to the suspensions,
no longer represents a threat to animal or public health within the Union, and that, consequently, the entry into the
Union of poultry commodities from the concerned zones of the United States from which entry into the Union had
been suspended, should be reauthorised.
(13) 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.
(14) Taking into account the current epidemiological situation in the United Kingdom as regards HPAI, and in order to
avoid unnecessary disruption of trade with 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.
(15) 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.19.9.2023 EN Official Journal of the European Union L 230/9
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 September 2023.
For the Commission
The President
Ursula VON DER LEYENL 230/10 EN Official Journal of the European Union 19.9.2023
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 the United States, the rows for the zones US-2.456, US-2.457 and US-2.458 are replaced by the
following:
US-2.456 N, P1 25.7.2023 6.9.2023
‘US BPP, BPR, DOC, DOR, SP, SR,
US-2.457 N, P1 29.7.2023 6.9.2023
United States POU-LT20, HEP, HER, HE-LT20
US-2.458 N, P1 3.8.2023 6.9.2023’
(ii) in the entry for the United Kingdom, the following rows for the zones GB-2.318, GB-2.319 and GB-2.220 are
added after the row for the zone GB-2.317:
GB-2.318 N, P1 7.9.2023
‘GB
BPP, BPR, DOC, DOR, SP, SR,
United GB-2.319 N, P1 8.9.2023
POU-LT20, HEP, HER, HE-LT20
Kingdom
GB-2.320 N, P1 10.9.2023’
(b) in Part 2, in the entry for the United Kingdom, the following descriptions of the zones GB-2.318, GB-2.319 and
GB-2.320 are added after the description of the zone GB-2.317:
near Uttoxeter, East Staffordshire, Staffordshire, England, GB
GB-2.318 The area contained within a circle of a radius of 10km, centred on WGS84 dec,
coordinates Lat: N52.87 and Long: W1.91
near Warrington, South Warrington, Cheshire, England, GB
‘United Kingdom GB-2.319 The area contained within a circle of a radius of 10km, centred on WGS84 dec,
coordinates Lat: N53.34 and Long: W2.60
near Peterhead, Aberdeenshire, Scotland, GB
GB-2.320 The area contained within a circle of a radius of 10km, centred on WGS84 dec,
coordinates Lat: N57.53 and Long: W1.94’
(2) in Annex XIV, in Part 1, Section B is amended as follows:
(a) in the entry for the United States, the rows for the zones US-2.456, US-2.457 and US-2.458 are replaced by the
following:
POU, RAT N, P1 25.7.2023 6.9.2023
US-2.456
GBM P1 25.7.2023 6.9.2023
POU, RAT N, P1 29.7.2023 6.9.2023
‘US
US-2.457
United States
GBM P1 29.7.2023 6.9.2023
POU, RAT N, P1 3.8.2023 6.9.2023
US-2.458
GBM P1 3.8.2023 6.9.2023’19.9.2023 EN Official Journal of the European Union L 230/11
(b) in the entry for the United Kingdom, the following rows for the zones GB-2.318, GB-2.319 and GB-2.320 are
added after the rows for the zone GB-2.317:
POU, RAT N, P1 7.9.2023
GB-2.318
GBM P1 7.9.2023
‘GB POU, RAT N, P1 8.9.2023
United GB-2.319
Kingdom GBM P1 8.9.2023
POU, RAT N, P1 10.9.2023
GB-2.320
GBM P1 10.9.2023’