Commission Implementing Regulation (EU) 2023/2755 of 5 December 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

Official Journal EN of the European Union L series 2023/2755 6.12.2023 COMMISSION IMPLEMENTING REGULATION (EU) 2023/2755 of 5 December 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 two outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the province of British Columbia, which were confirmed on 8 November 2023by laboratory analysis (RT-PCR).

(6) The United Kingdom has notified the Commission of two outbreaks of highly pathogenic avian influenza (HPAI) in poultry in England, in the council areas of Devon and Northumberland, which were confirmed on 29 November 2023and 27 November, respectively, 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).

ELI: http://data.europa.eu/eli/reg_impl/2023/2755/oj 1/8EN OJ L, 6.12.2023

(7) The United States has notified the Commission of 17 outbreaks of HPAI in poultry in the states of Georgia (1), Iowa

(1), Maryland (1), Minnesota (9), Ohio (1), North Dakota (1), and South Dakota (3), which were confirmed between 16 November 2023and 28 November 2023by laboratory analysis (RT-PCR).

(8) Following these recent outbreaks of HPAI, the veterinary authorities of Canada, the United Kingdom 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.

(9) Canada, the United Kingdom 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.

(10) That information has been evaluated by the Commission. The Commission considers that, in view of the animal health situation in the areas under restrictions established by the veterinary authorities of Canada, the United Kingdom and the United States, the entry into the Union of consignments 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.

(11) Moreover, Canada and the United States 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.

(12) In particular, Canada has submitted updated information on the epidemiological situation in relation to an outbreak of HPAI in poultry establishments in the province of Alberta, which was confirmed on 10 October 2023.

(13) Furthermore, the United States has submitted updated information on the epidemiological situation on its territory in relation to an outbreak of HPAI in a poultry establishment in the state of South Dakota, which was confirmed on 4 October 2023.

(14) Canada and the United States have also submitted information on the measures that were taken to prevent the further spread of HPAI. In particular, following the outbreak of that disease, they have implemented a stamping out policy in order to control and limit the spread of that disease, and completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishment on their territories.

(15) The Commission has evaluated the information submitted by Canada and the United States, and considers that they have provided appropriate guarantees that the animal health situation that gave rise to the suspensions, no longer represent 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 States, from which entry into the Union had been suspended, should be reauthorised.

(16) 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.

(17) Taking into account the current epidemiological situation in Canada, the United Kingdom and the United States as regards HPAI, 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.

(18) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, 2/8 ELI: http://data.europa.eu/eli/reg_impl/2023/2755/ojEN OJ L, 6.12.2023

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.

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

Done at Brussels, 5 December 2023.

For the Commission The President Ursula VON DER LEYEN

ELI: http://data.europa.eu/eli/reg_impl/2023/2755/oj 3/8EN OJ L, 6.12.2023 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 Canada, the row for the zone CA-2.195 is replaced by the following:

BPP, BPR, DOC, DOR, SP, ‘CA CA-2.195 SR, POU-LT20, HEP, N, P1 10.10.2023 24.11.2023’ Canada HER, HE-LT20

(ii) in the entry for Canada, the following rows for the zones CA-2.213 and CA-2.214 are added after the row for the zone CA-2.212:

CA-2.213 BPP, BPR, DOC, DOR, SP, N, P1 8.11.2023 ‘CA SR, POU-LT20, HEP, Canada CA-2.214 HER, HE-LT20 N, P1 8.11.2023’

(iii) in the entry for the United Kingdom, the following rows for the zones GB-2.325 and GB-2.326 are added after the row for the zone GB-2.324: ‘GB GB-2.325 BPP, BPR, DOC, DOR, SP, N, P1 27/11/2023 United SR, POU-LT20, HEP, Kingdom GB-2.326 HER, HE-LT20 N, P1 29/11/2023’

(iv) in the entry for the United States, the row for the zone US-2.460 is replaced by the following:

BPP, BPR, DOC, DOR, SP, ‘US US-2.460 SR, POU-LT20, HEP, N, P1 4.10.2023 22.11.2023’ United States HER, HE-LT20

(v) in the entry for the United States, the following rows for the zones US-2.526 to US-2.542 are added after the row for the zone US-2.525:

US-2.526 N, P1 16.11.2023 US-2.527 N, P1 21.11.2023 US-2.528 N, P1 21.11.2023 US-2.529 N, P1 21.11.2023 US-2.530 N, P1 22.11.2023 US-2.531 BPP, BPR, DOC, DOR, SP, N, P1 22.11.2023 ‘US SR, POU-LT20, HEP, United States US-2.532 HER, HE-LT20 N, P1 24.11.2023 US-2.533 N, P1 23.11.2023 US-2.534 N, P1 21.11.2023 US-2.535 N, P1 21.11.2023 US-2.536 N, P1 22.11.2023 US-2.537 N, P1 21.11.2023 4/8 ELI: http://data.europa.eu/eli/reg_impl/2023/2755/ojEN OJ L, 6.12.2023 US-2.538 N, P1 28.11.2023 US-2.539 N, P1 28.11.2023 US-2.540 N, P1 28.11.2023 US-2.541 N, P1 27.11.2023 US-2.542 N, P1 28.11.2023’

(b) Part 2 is amended as follows:

(i) in the entry for Canada, the following descriptions of the zones CA-2.213 and CA-2.214 are added after the description of the zone CA-2.212:

British Columbia- Latitude 49.02, Longitude -122.55

The municipalities involved are:

CA-2.213 3km PZ: Aldergrove and Langley Township 10km SZ: Abbotsford, Aldergrove, Langley, and Langley Township ‘Canada British Columbia- Latitude 49.34, Longitude -124.4

The municipalities involved are:

CA-2.214 3km PZ: Parksville and Qualicum Beach 10km SZ: Coombs, Errington, Parksville, and Qualicum Beach’

(ii) in the entry for the United Kingdom, the following descriptions of the zones GB-2.325 and GB-2.326 are added after the description of the zone GB-2.324: near Wooler, Berwick-Upon-Tweed, Northumberland, England, GB GB-2.325 The area contained within a circle of a radius of 10km, centred on WGS84 dec, coordinates Lat: N55.59 and Long: W2.09 ‘United Kingdom near Cranbrook, East Devon, Devon, England, GB GB-2.326 The area contained within a circle of a radius of 10km, centred on WGS84 dec, coordinates Lat: N50.77 and Long: W3.50’

(iii) in the entry for the United States, the following descriptions of the zones US-2.526 to US-2.542 are added after the description of the zone US-2.525:

State of Minnesota Swift 07 US-2.526

Swift County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 95.7836781°W 45.3290985°N) State of Minnesota Big Stone 02 ‘United States US-2.527

Big Stone County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 96.5839374°W 45.5199639°N State of Minnesota Brown 04 US-2.528

Brown County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 94.6762791°W 44.3873242°N)

ELI: http://data.europa.eu/eli/reg_impl/2023/2755/oj 5/8EN OJ L, 6.12.2023 State of Minnesota Kandiyohi 12 US-2.529

Kandiyohi County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 95.0218481°W 45.1720661°N) State of Minnesota Otter Tail 08 US-2.530

Otter Tail County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 95.3657614°W 46.2920714°N) State of Minnesota Stearns 16 US-2.531

Stearns County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 94.9181198°W 45.7633456°N) State of Minnesota Otter Tail 09 US-2.532

Otter Tail County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 95.4699247°W 46.6529963°N) State of Minnesota Kandiyohi 13 US-2.533

Kandiyohi County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 95.0171215°W 45.1717360°N) State of Georgia Sumter 01 US-2.534

Sumter County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 84.0512798°W 32.2094378°N) State of Maryland Caroline 01 US-2.535

Caroline County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 75.9570082°W 38.8335872°N) State of South Dakota Brule 04 US-2.536

Brule County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 98.8847887°W 43.7372590°N) State of Ohio Union 01 US-2.537

Union County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 84.0512798°W 32.2094378°N) State of Iowa Sioux 01 US-2.538

Sioux County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 96.2515298°W 43.1886323°N) State of South Dakota McPherson 09 US-2.539

McPherson County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 98.8843773°W 45.9972533°N) 6/8 ELI: http://data.europa.eu/eli/reg_impl/2023/2755/ojEN OJ L, 6.12.2023 State of South Dakota Yankton 02 US-2.540

Yankton County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 97.4907641°W 43.2004004°N) State of Minnesota Brown 05 US-2.541

Brown County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 94.6796137°W 44.3876842°N) State of North Dakota Dickey 04 US-2.542

Dickey County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 98.4439654°W 46.1626533°N)’

(2) in Annex XIV, in Part 1, Section B is amended as follows:

(a) in the entry for Canada, the rows for the zone CA-2.195 are replaced by the following:

POU, RAT N, P1 10.10.2023 24.11.2023 ‘CA CA-2.195 Canada GBM P1 10.10.2023 24.11.2023’

(b) in the entry for Canada, the rows for the zones CA-2.213 and CA-2.214 are added after the row for the zone CA-2.212:

POU, RAT N, P1 8.11.2023 CA-2.213 GBM P1 8.11.2023 ‘CA Canada POU, RAT N, P1 8.11.2023 CA-2.214 GBM P1 8.11.2023’

(c) in the entry for the United Kingdom, the following rows for the zones GB-2.325 and GB-2.326 are added after the rows for the zone GB-2.324:

POU, RAT N, P1 27.11.2023 GB-2.325 ‘GB GBM P1 27.11.2023 United King­ dom POU, RAT N, P1 29.10.2023 GB-2.326 GBM P1 29.10.2023’

(d) in the entry for the United States, the rows for the zone US-2.460 are replaced by the following:

POU, RAT N, P1 4.10.2023 22.11.2023 ‘US US-2.460 United States GBM P1 4.10.2023 22.11.2023’

(e) in the entry for the United States, the rows for the zones US-2.526 to US-2.542 are added after the row for the zone US-2.525:

POU, RAT N, P1 16.11.2023 ‘US US-2.526 United States GBM P1 16.11.2023

ELI: http://data.europa.eu/eli/reg_impl/2023/2755/oj 7/8EN OJ L, 6.12.2023 POU, RAT N, P1 21.11.2023 US-2.527 GBM P1 21.11.2023 POU, RAT N, P1 21.11.2023 US-2.528 GBM P1 21.11.2023 POU, RAT N, P1 21.11.2023 US-2.529 GBM P1 21.11.2023 POU, RAT N, P1 22.11.2023 US-2.530 GBM P1 22.11.2023 POU, RAT N, P1 22.11.2023 US-2.531 GBM P1 22.11.2023 POU, RAT N, P1 24.11.2023 US-2.532 GBM P1 24.11.2023 POU, RAT N, P1 23.11.2023 US-2.533 GBM P1 23.11.2023 POU, RAT N, P1 21.11.2023 US-2.534 GBM P1 21.11.2023 POU, RAT N, P1 21.11.2023 US-2.535 GBM P1 21.11.2023 POU, RAT N, P1 22.11.2023 US-2.536 GBM P1 22.11.2023 POU, RAT N, P1 21.11.2023 US-2.537 GBM P1 21.11.2023 POU, RAT N, P1 28.11.2023 US-2.538 GBM P1 28.11.2023 POU, RAT N, P1 28.11.2023 US-2.539 GBM P1 28.11.2023 POU, RAT N, P1 28.11.2023 US-2.540 GBM P1 28.11.2023 POU, RAT N, P1 27.11.2023 US-2.541 GBM P1 27.11.2023 POU, RAT N, P1 28.11.2023 US-2.542 GBM P1 28.11.2023’ 8/8 ELI: http://data.europa.eu/eli/reg_impl/2023/2755/oj