Commission Implementing Regulation (EU) 2023/2688 of 24 November 2023 amending - 28th November 2023 - European Commission

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Official Journal EN of the European Union L series 2023/2688 28.11.2023 COMMISSION IMPLEMENTING REGULATION (EU) 2023/2688 of 24 November 2023 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, germinal products of poultry, 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 poultry and game birds.

(5) Canada has notified the Commission of seven outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the provinces of British Columbia (5), Alberta (1), and Saskatchewan (1), which were confirmed between 4 November 2023and 7 November 2023by laboratory analysis (RT-PCR).

(6) The United States has notified the Commission of 20 outbreaks of HPAI in poultry in the states of California (1), Iowa (2), Minnesota (3), Missouri (1), North Dakota (2), Oregon (2), and South Dakota (9), which were confirmed between 14 November 2023and 22 November 2023by 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).

ELI: http://data.europa.eu/eli/reg_impl/2023/2688/oj 1/10EN OJ L, 28.11.2023

(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, 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.

(10) Moreover, Canada and the United Kingdom 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) Canada has submitted updated information on the epidemiological situation in relation to three outbreaks of HPAI in poultry establishments in the provinces of Alberta (2) and Saskatchewan (1), which were confirmed between 20 September 2023and 3 October 2023.

(12) The United Kingdom has submitted updated information on the epidemiological situation in relation to an outbreak of HPAI in a poultry establishment in Scotland, on the Isle of Lewis, which was confirmed on 27 September 2023.

(13) Canada and the United Kingdom have also submitted information on the measures that were taken to prevent the further spread of HPAI. In particular, following the outbreaks of that disease, they have 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 their territories.

(14) The Commission has evaluated the information submitted by Canada and the United Kingdom, and considers that it 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 Canada and the United Kingdom, 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 Canada, the United Kingdom and the United States.

(16) Commission Implementing Regulation (EU) 2023/2580(4) corrected Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the numbering of codes for two zones for the United Kingdom. An error has been detected as regards the closing date for one of those zones. It is therefore appropriate to correct Annexes V and XIV accordingly.

(17) 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, 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.

(4) Commission Implementing Regulation (EU) 2023/2580 of 13 November 2023 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, germinal products of poultry, fresh meat of poultry and game birds (OJ L, 2023/2580, 15.11.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2580/oj) 2/10 ELI: http://data.europa.eu/eli/reg_impl/2023/2688/ojEN OJ L, 28.11.2023

(18) The correction of the entries for the United Kingdom in the rows for the zone GB–2.323 in Section B of Part 1 and in Part 2 of Annex V and in Part 2 of Annex XIV to Implementing Regulation (EU) 2021/404 should apply from the date of entry into force of Implementing Regulation (EU) 2023/2580.

(19) 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 Correction 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, Part II of the Annex shall apply from 16 November 2023.

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

Done at Brussels, 24 November 2023.

For the Commission The President Ursula VON DER LEYEN

ELI: http://data.europa.eu/eli/reg_impl/2023/2688/oj 3/10EN OJ L, 28.11.2023 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, Section B is amended as follows:

(i) in the entry for Canada, the rows for the zones CA–2.192, CA–2.193 and CA–2.194 are replaced by the

following:

CA–2.192 BPP, BPR, DOC, N, P1 20.9.2023 17.11.2023 ‘CA DOR, SP, SR, POU- CA–2.193 N, P1 27.9.2023 17.11.2023 Canada LT20, HEP, HER, CA–2.194 HE-LT20 N, P1 3.10.2023 17.11.2023’;

(ii) in the entry for Canada, the following rows for the zones CA–2.206 to CA–2.212 are added after the row for the zone CA–2.205:

CA–2.206 N, P1 4.11.2023 CA–2.207 N, P1 4.11.2023 CA–2.208 BPP, BPR, DOC, N, P1 4.11.2023 ‘CA DOR, SP, SR, POU- CA–2.209 N, P1 6.11.2023 Canada LT20, HEP, HER, CA–2.210 HE-LT20 N, P1 7.11.2023 CA–2.211 N, P1 7.11.2023 CA–2.212 N, P1 7.11.2023’;

(iii) in the entry for the United Kingdom, the row for the zone GB–2.322 is replaced by the following:

BPP, BPR, DOC, ‘GB DOR, SP, SR, POU- United King GB–2.322 N, P1 27.9.2023 30.10.2023’;

LT20, HEP, HER, dom HE-LT20

(iv) in the entry for the United States, the following rows for the zones US–2.506 to US–2.525 are added after the row for the zone US–2.505:

US–2.506 N, P1 14.11.2023 US–2.507 N, P1 14.11.2023 US–2.508 N, P1 14.11.2023 US–2.509 BPP, BPR, DOC, N, P1 14.11.2023 ‘US DOR, SP, SR, POU- US–2.510 N, P1 14.11.2023 United States LT20, HEP, HER, US–2.511 HE-LT20 N, P1 15.11.2023 US–2.512 N, P1 15.11.2023 US–2.513 N, P1 14.11.2023 US–2.514 N, P1 16.11.2023 4/10 ELI: http://data.europa.eu/eli/reg_impl/2023/2688/ojEN OJ L, 28.11.2023 US–2.515 N, P1 16.11.2023 US–2.516 N, P1 20.11.2023 US–2.517 N, P1 17.11.2023 US–2.518 N, P1 20.11.2023 US–2.519 N, P1 20.11.2023 US–2.520 N, P1 21.11.2023 US–2.521 N, P1 21.11.2023 US–2.522 N, P1 21.11.2023 US–2.523 N, P1 22.11.2023 US–2.524 N, P1 20.11.2023 US–2.525 N, P1 15.11.2023’;

(b) Part 2 is amended as follows:

(i) in the entry for Canada, the following descriptions of the zones CA–2.206 to CA–2.212 are added after the row for the zone CA–2.205:

British Columbia- Latitude 49.04, Longitude –122.23