Date: 2023-03-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2023/573 of 10 March 2023 amending Annexes V, XIV and XV to Implementing Regulation (EU) 2021/404 as regards the entries for Argentina, the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry and germinal products of poultry, fresh meat of and meat products from poultry and game birds (Text with EEA relevance)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
This regulation amends Implementing Regulation (EU) 2021/404, modifying Annexes V, XIV, and XV concerning the lists of third countries authorized for the entry into the Union of poultry, germinal products of poultry, fresh meat of poultry and game birds, and meat products from poultry and game birds. These changes respond to outbreaks of highly pathogenic avian influenza (HPAI) in Argentina and the United States, and the resolution of an outbreak in the United Kingdom. The regulation takes effect the day after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Argentina:**
* Entry into the Union of consignments of fresh meat and meat products from poultry and game birds is no longer authorized due to an HPAI outbreak.
* Risk mitigating treatment D is required for the entry into the Union of consignments of meat products from poultry and game birds.
* **United States:**
* Entry into the Union of consignments of poultry, germinal products of poultry, and fresh meat of poultry and game birds is no longer authorized from specific zones (US2.417 to US2.424) due to recent HPAI outbreaks.
* Restricted zones are defined as circular zones with a 10 km radius around affected establishments in Nebraska, Pennsylvania, Virginia, Illinois, and Florida, with specific GPS coordinates.
* **United Kingdom:**
* The suspension of entry into the Union of poultry commodities from zone GB2.223 is lifted, following the clearance of an HPAI outbreak in Leicestershire and implementation of a stamping out policy, cleaning, and disinfection.
* **Amendments to Annexes:**
* Annex V is amended to update the entries for the United Kingdom and add entries for the United States.
* Section B of Part 1 to Annex XIV is amended to replace the entry for Argentina and the rows for the zone GB2.223 for the United Kingdom, and add rows for the United States.
* Section A of Part 1 to Annex XV is amended to replace the entry for Argentina.
Impact Analysis:
European Commission:
* Impact: Required to implement and enforce the amended regulations.
* Action Required: Ensure the updated lists of authorized third countries are communicated to relevant authorities and stakeholders.
Member States:
* Impact: Responsible for enforcing the updated import restrictions and requirements at their borders.
* Action Required: Update import control procedures based on the new regulations, and inform relevant personnel.
Importers/Businesses:
* Impact: Affected by changes in import authorizations and requirements for poultry and poultry products from Argentina, the United States, and the United Kingdom.
* Action Required: Review current import practices and ensure compliance with the new regulations, including any required treatments or sourcing adjustments.
United Kingdom Veterinary Authorities:
* Impact: Can resume exporting poultry commodities from zone GB2.223 to the EU.
* Action Required: Ensure compliance with EU regulations for exporting poultry commodities.
United States Veterinary Authorities:
* Impact: Restrictions placed on exporting poultry and poultry products to the EU from specific zones.
* Action Required: Communicate the restrictions to relevant businesses and ensure compliance with EU regulations.
Argentina Veterinary Authorities:
* Impact: Restrictions placed on exporting fresh meat and meat products from poultry and game birds to the EU.
* Action Required: Communicate the restrictions to relevant businesses and ensure compliance with EU regulations.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Argentina: A country in South America, subject to restrictions due to an outbreak of highly pathogenic avian influenza (HPAI).
United Kingdom: A country in Europe, subject to amendments regarding zones authorized for entry into the Union following an outbreak of highly pathogenic avian influenza (HPAI) in Leicestershire, England.
United States: A country in North America, subject to restrictions due to multiple outbreaks of highly pathogenic avian influenza (HPAI) in several states.
Implementing Regulation EU 2021/404: A European Union regulation laying down the lists of third countries or territories, or zones or compartments thereof, from which the entry into the Union of certain species and categories of animals, germinal products and products of animal origin is permitted.
Regulation EU 2016/429: A regulation of the European Parliament and of the Council on transmissible animal diseases, also known as the Animal Health Law.
Highly Pathogenic Avian Influenza (HPAI): A highly contagious viral disease affecting poultry and other birds, which is the reason for the restrictions and amendments outlined in the regulation.
14.3.2023 EN Official Journal of the European Union L 75/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) 2023/573
of 10 March 2023
amending Annexes V, XIV and XV to Implementing Regulation (EU) 2021/404 as regards the entries
for Argentina, the United Kingdom and the United States in the lists of third countries authorised
for the entry into the Union of consignments of poultry and germinal products of poultry, fresh
meat of and meat products from 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 Article 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) lays down the lists of third countries or territories, or
zones or compartments thereof, from which the entry into the Union of those species and categories of animals,
germinal products and products of animal origin, that fall within the scope of Delegated Regulation (EU) 2020/692,
is permitted.
(4) More particularly, Annexes V, XIV and XV to Implementing Regulation (EU) 2021/404 set out the lists of third
countries, territories, or zones thereof authorised for the entry into the Union respectively of consignments of
poultry and germinal products of poultry, fresh meat of and meat products from poultry and game birds.
(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 75/2 EN Official Journal of the European Union 14.3.2023
(5) On 3 March 2023, Argentina notified to the Commission services an outbreak of highly pathogenic avian influenza
(HPAI). That outbreak is located in the province of Río Negro, Argentina and was confirmed on 28 February 2023
by laboratory analysis (RT-PCR).
(6) The lists of third countries, territories, or zones thereof set out in Section B of Part 1 of Annex XIV and in Section A
of Part 1 of Annex XV to Regulation (EU) 2021/404 specify that the entry into the Union from Argentina of
consignments of fresh meat of and meat products from poultry and game birds are authorised. In addition, Section
A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 does not currently require any risk-mitigating
treatments for the entry into the Union of consignments of meat products from poultry and game birds from that
third country.
(7) Due to the risk of the introduction of HPAI into the Union linked with the entry of consignments of fresh meat of
and meat products from poultry and game birds from Argentina, and in the absence of guarantees allowing for
regionalisation of that third country, the entry into the Union of such consignments should no longer be
authorised. In addition, the risk mitigating treatment D, in accordance with Annex XXVI to Delegated Regulation
(EU) 2020/692, should be required for the entry into the Union of consignments of meat products from poultry
and game birds from that third country.
(8) The entries for Argentina in the lists of third countries, territories, or zones thereof set out in the table in Part 1 of
Annex XIV and in the table in Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 should
therefore be amended to take account of the current epidemiological situation in that third country.
(9) Additionally, the United States have notified the Commission of eight outbreaks of highly pathogenic avian influenza
in poultry in the states of Florida (1), Illinois (1), Nebraska (1), Pennsylvania (4) and Virginia (1), United States, which
were confirmed between 21 February 2023and 28 February 2023by laboratory analysis (RT-PCR).
(10) Following those recent outbreaks of highly pathogenic avian influenza, the veterinary authorities of the United
States established control zones of at least 10 km 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.
(11) 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 and in order to protect the
animal health status of the Union, the entry into the Union of consignments of poultry, germinal products of
poultry, and fresh meat of poultry and game birds from the areas under restrictions established by the veterinary
authorities of the United States due to the recent outbreaks of highly pathogenic avian influenza should no longer
be authorised.
(12) In addition, the United Kingdom has submitted updated information on the epidemiological situation on its territory
in relation to one outbreak of highly pathogenic avian influenza in a poultry establishment in the county of
Leicestershire in England, United Kingdom, which was confirmed on 27 October 2022.
(13) The United Kingdom has also submitted information on the measures it has taken to prevent the further spread of
highly pathogenic avian influenza. In particular, following the above mentioned outbreak of that disease, the United
Kingdom has implemented a stamping out policy in order to control and limit the spread of that disease, and it has
also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on
the infected poultry establishment on its territory.
(14) The Commission has evaluated the information submitted by the United Kingdom and concluded that the outbreak
of highly pathogenic avian influenza in a poultry establishment has been cleared and that there is no longer a risk
associated with the entry into the Union of poultry commodities from the zone of the United Kingdom from which
the entry into the Union of poultry commodities was suspended following this outbreak.
(15) Annexes V, XIV and XV to Implementing Regulation (EU) 2021/404 should be therefore amended accordingly.14.3.2023 EN Official Journal of the European Union L 75/3
(16) Taking into account the current epidemiological situation in Argentina and in the United States as regards HPAI, the
amendments to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a
matter of urgency.
(17) 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, XIV and XV to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this
Regulation.
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, 10 March 2023.
For the Commission
The President
Ursula VON DER LEYENL 75/4 EN Official Journal of the European Union 14.3.2023
ANNEX
Annexes V, XIV and XV to the Implementing Regulation (EU) 2021/404 are amended as follows:
(1) Annex V is amended as follows:
(a) Section B of Part 1 is amended as follows:
(i) in the entry for the United Kingdom, the row for the zone GB-2.223 is replaced by the following:
‘GB
BPP, BPR, DOC, DOR, SP, SR,
United GB-2.223 N, P1 27.10.2022 1.3.2023’
POU-LT20, HEP, HER, HE-LT20
Kingdom
(ii) in the entry for the United States, the following rows for the zones US-2.417 to US-2.424 are added after the
row for the zone US-2.416:
US-2.417 N, P1 21.2.2023
US-2.418 N, P1 23.2.2023
US-2.419 N, P1 23.2.2023
US-2.420 N, P1 24.2.2023
‘US BPP, BPR, DOC, DOR, SP, SR,
United States POU-LT20, HEP, HER, HE-LT20
US-2.421 N, P1 24.2.2023
US-2.422 N, P1 24.2.2023
US-2.423 N, P1 27.2.2023
US-2.424 N, P1 28.2.2023’
(b) Part 2 is amended as follows: in the entry for the United States, the following description of the zones US-2.417 to
US-2.424 is added after the description of the zone US-2.416:
State of Nebraska – Lincoln 01
US-2.417 Lincoln County: A circular zone of a 10 km radius starting with North point (GPS
coordinates: 100.8387664°W 41.2235670°N)
State of Pennsylvania – Lancaster 15
US-2.418 Lancaster County: A circular zone of a 10 km radius starting with North point (GPS
coordinates: 76.0163232°W 40.2416586°N)
State of Virginia – Alexandria 01
US-2.419 Alexandria County: A circular zone of a 10 km radius starting with North point (GPS
coordinates: 77.0623573°W 38.8954575°N)
‘United States
State of Illinois – Wayne 01
US-2.420 Wayne County: A circular zone of a 10 km radius starting with North point (GPS
coordinates: 88.6714315°W 38.4922958°N)
State of Pennsylvania – Chester 01
US-2.421 Chester County: A circular zone of a 10 km radius starting with North point (GPS
coordinates: 76.0065041°W 39.8780320°N)
State of Pennsylvania – Lancaster 16
US-2.422 Lancaster County: A circular zone of a 10 km radius starting with North point (GPS
coordinates: 76.0523464°W 40.2478762°N)14.3.2023 EN Official Journal of the European Union L 75/5
State of Pennsylvania – Lancaster 17
US-2.423 Lancaster County: A circular zone of a 10 km radius starting with North point (GPS
coordinates: 76.0242330°W 40.2422203°N)
State of Florida – Miami-Dade 01
US-2.424 Miami-Dade County: A circular zone of a 10 km radius starting with North point (GPS
coordinates: 80.3743439°W 25.8137553°N)’
(2) Section B of Part 1 to Annex XIV is amended as follows:
(i) the entry for Argentina is replaced by the following:
‘AR
AR-0 POU, RAT, GBM P1 28.2.2023’
Argentina
(ii) in the entry for the United Kingdom, the rows for the zone GB-2.223 are replaced by the following:
‘GB POU, RAT N, P1 27.10.2022 1.3.2023
United GB-2.223
Kingdom GBM P1 27.10.2022 1.3.2023’
(iii) in the entry for the United States, the following rows for the zones US-2.417 to US-2.424 are added after the rows
for the zone US-2.416:
POU, RAT N, P1 21.2.2023
US-2.417
GBM P1 21.2.2023
POU, RAT N, P1 23.2.2023
US-2.418
GBM P1 23.2.2023
POU, RAT N, P1 23.2.2023
US-2.419
GBM P1 23.2.2023
POU, RAT N, P1 24.2.2023
US-2.420
GBM P1 24.2.2023
‘US
United States
POU, RAT N, P1 24.2.2023
US-2.421
GBM P1 24.2.2023
POU, RAT N, P1 24.2.2023
US-2.422
GBM P1 24.2.2023
POU, RAT N, P1 27.2.2023
US-2.423
GBM P1 27.2.2023
POU, RAT N, P1 28.2.2023
US-2.424
GBM P1 28.2.2023’L 75/6 EN Official Journal of the European Union 14.3.2023
(3) In Section A of Part 1 to Annex XV, the entry for Argentina is replaced by the following:
MPNT (*)
AR-0 C C C C C C C D D D
MPST
‘AR MPNT (*)
AR-1 C C C C C C C D D D
Argentina MPST
MPNT (*)
AR-2 A A C A A C C D D D
MPST’