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Date: 2-Apr-2024 Category: Not Applicable State: Union Government Country: Europe

Commission Implementing Regulation (EU) 2024/1020 of 27 March 2024 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, territories or zones thereof authorised for the entry into the Union of consignments of poultry and germinal products of poultry, and of fresh meat of poultry and game birds

Issued by European Commission · Directorate-General for Health and Food Safety

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Executive Summary & Key Takeaways

What it means

  • Commission Implementing Regulation (EU) 2024/1020 amends Annexes V and XIV to Implementing Regulation (EU) 2021/404. These annexes list third countries, territories, or zones authorized for the entry into the Union of consignments of poultry, germinal products of poultry, and fresh meat of poultry and game birds.
  • The regulation addresses outbreaks of highly pathogenic avian influenza (HPAI) in Canada, the United Kingdom, and the United States, updating the lists to reflect the current epidemiological situation. It also corrects an error in Implementing Regulation (EU) 2024/748 regarding specific zones in the United States.

Key Changes

  • Suspension of entry into the Union of poultry and related products from a restricted zone (US-2.632) in South Dakota, United States, following an HPAI outbreak confirmed on 12 March 2024. The restricted zone is defined as a circular zone of 10 km radius around the affected establishment.
  • Reauthorization of entry into the Union of poultry and related products from specific zones in Canada (CA-2.196 and CA-2.221) and the United Kingdom (GB-2.328) after evaluation of updated information on HPAI outbreaks and control measures. The lifting of restrictions is effective from 18 March 2024 for Canada and 21 March 2024 for the United Kingdom.
  • Correction of errors in Implementing Regulation (EU) 2024/748 regarding the opening dates for zones US-2.528 and US-2.529 in the United States. The corrected dates apply retroactively from 24 February 2024.

Impact Analysis

Poultry Producers and Exporters in the United States (South Dakota)

  • Action Items: Implement strict biosecurity measures to control and eradicate HPAI. Cooperate with veterinary authorities. Seek alternative markets temporarily.

Poultry Producers and Exporters in Canada and the United Kingdom

  • Action Items: Ensure compliance with EU animal health requirements for exports. Monitor the epidemiological situation and maintain biosecurity measures.

EU Importers and Consumers

  • Action Items: Monitor the market for price fluctuations and potential supply shortages. Diversify sourcing of poultry products if necessary.

Veterinary Authorities in the United States, Canada, and the United Kingdom

  • Action Items: Maintain surveillance programs for HPAI. Implement rapid response measures to control outbreaks. Communicate transparently with the European Commission.

Key Entities Referenced

European Commission: The executive branch of the European Union, responsible for proposing legislation, implementing decisions, and managing the day-to-day business of the EU. Regulation (EU) 2016/429: Also known as the 'Animal Health Law,' this regulation lays down rules for the prevention and control of transmissible animal diseases. Delegated Regulation (EU) 2020/692: This regulation supplements Regulation (EU) 2016/429 and sets out the animal health requirements for the entry into the Union of consignments of certain animals, germinal products, and products of animal origin. Implementing Regulation (EU) 2021/404: This regulation lays down the lists of third countries, territories, or zones 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. Implementing Regulation (EU) 2024/748: This regulation amended Annexes V and XIV to Implementing Regulation (EU) 2021/404 regarding entries for Canada, the United Kingdom, and the United States. It is corrected by the current regulation. Standing Committee on Plants, Animals, Food and Feed: A committee that provides opinions on measures related to food safety, animal health, and plant health.
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Official Journal EN of the European Union L series 2024/1020 2.4.2024 COMMISSION IMPLEMENTING REGULATION (EU) 2024/1020 of 27 March 2024 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, territories or zones thereof authorised for the entry into the Union of consignments of poultry and germinal products of poultry, and of 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) lays down the lists of third countries, or territories, or zones 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. Those lists and certain general rules concerning those lists are set out in Annexes I to XXII to that Implementing Regulation. (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 and germinal products of poultry, and of fresh meat of poultry and game birds. (5) The United States has notified the Commission of an outbreak of highly pathogenic avian influenza (HPAI) in poultry in the state of South Dakota, which was confirmed on 12 March 2024by laboratory analysis (RT-PCR). (6) Following that recent outbreak of HPAI, the veterinary authority of the United States established a restricted zone of at least 10 km around the affected establishment 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, ELI: http://data.europa.eu/eli/reg/2016/429/oj. (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, ELI: http://data.europa.eu/eli/ reg_del/2020/692/oj). (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/2021/404/oj). ELI: http://data.europa.eu/eli/reg_impl/2024/1020/oj 1/5EN OJ L, 2.4.2024 (7) The United States has submitted information to the Commission on the epidemiological situation on its territory and the measures taken to prevent the further spread of HPAI following the recent outbreak in the state of South Dakota. (8) That information has been evaluated by the Commission. The Commission considers that, in view of the animal health situation in the area under restrictions established by the veterinary authority of the United States, the entry into the Union of consignments of poultry and germinal products of poultry, and of fresh meat of poultry and game birds from that area concerned by the recent outbreak in the state of South Dakota should be suspended, in order to protect the animal health status of the Union. (9) In addition, 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 into the Union of certain products, as set out in Annexes V and XIV to Implementing Regulation (EU) 2021/404. (10) Canada has submitted updated information on the epidemiological situation in relation to two outbreaks of HPAI in the provinces of Alberta and British Columbia, which were confirmed on 11 October 2023and 25 November 2023 by laboratory analysis (RT-PCR). (11) The United Kingdom has submitted updated information on the epidemiological situation in relation to an outbreak of HPAI in poultry in the county of Yorkshire, England, which was confirmed on 14 February 2024by laboratory analysis (RT-PCR). (12) Canada and the United Kingdom have also submitted information on the measures they have taken to prevent the further spread of HPAI. In particular, following the outbreaks of HPAI, Canada and the United Kingdom have implemented a stamping out policy in order to control and limit the spread of that disease, and also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on their territories. (13) The Commission has evaluated the information submitted by Canada and the United Kingdom, and considers that they have provided appropriate guarantees that the animal health situation that gave rise to the suspension of the entry of consignments of certain products into the Union from the concerned zones in those third countries, as set out in Annexes V and XIV to Implementing Regulation (EU) 2021/404, no longer represents a threat to animal or public health within the Union, and that, consequently, the entry into the Union of those consignments from the concerned zones of Canada and the United Kingdom, from which entry into the Union had been suspended, should be reauthorised. (14) 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 States, Canada and the United Kingdom. (15) Furthermore, Commission Implementing Regulation (EU) 2024/748(4)amended the entries for the United States in Part 1 of Section B of Annex V, and in Part 1 of Section B of Annex XIV to Implementing Regulation (EU) 2021/404 by setting opening dates for the previously closed zones US-2.528 and US-2.529 of that third country. An error has now been detected in the rows for those zones, as amended by point 1(a)(xiv) and point 2(n) of the Annex to Implementing Regulation (EU) 2024/748. It is therefore appropriate to correct this error in Part 1 of Section B of Annex V, and in Part 1 of Section B of Annex XIV to Implementing Regulation (EU) 2021/404. Those Annexes should, therefore, be amended accordingly. (16) Taking into account the current epidemiological situation in the United States as regards HPAI, and in order to avoid unnecessary disruption in trade with Canada and 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) 2024/748 of 22 February 2024 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 and germinal products of poultry, and of fresh meat of poultry and game birds (OJ L, 2024/748, 23.2.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/748/oj). 2/5 ELI: http://data.europa.eu/eli/reg_impl/2024/1020/ojEN OJ L, 2.4.2024 (17) The correction of the entries for the United States in the rows for the zones US-2.528 and US-2.529 in Part 1 of Section B of Annex V, and in Part 1 of Section B of Annex XIV to Implementing Regulation (EU) 2021/404 should apply from the date of entry into force of Implementing Regulation (EU) 2024/748, namely 24 February 2024. (18) 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. Article 2 shall apply from 24 February 2024. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 March 2024. For the Commission The President Ursula VON DER LEYEN ELI: http://data.europa.eu/eli/reg_impl/2024/1020/oj 3/5EN OJ L, 2.4.2024 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 row for zone CA.2.196 is replaced by the following: BPP, BPR, DOC, DOR, SP, ‘CA CA-2.196 SR, POU-LT20, HEP, HER, N, P1 11.10.2023 18.3.2024’ Canada HE-LT20 (ii) in the entry for Canada, the row for zone CA-2.221 is replaced by the following: BPP, BPR, DOC, DOR, SP, ‘CA CA-2.221 SR, POU-LT20, HEP, HER, N, P1 25.11.2023 18.3.2024’ Canada HE-LT20 (iii) in the entry for the United Kingdom, the row for the zone GB-2.328 is replaced by the following: ‘GB BPP, BPR, DOC, DOR, SP, United King­ GB-2.328 SR, POU-LT20, HEP, HER, N, P1 14.2.2024 21.3.2024’ dom HE-LT20 (iv) in the entry for the United States, the following row for the zone US-2.632 is added after the row for the zone US-2.631: BPP, BPR, DOC, DOR, SP, ‘US US-2.632 SR, POU-LT20, HEP, HER, N, P1 12.3.2024’ United States HE-LT20 (b) in Part 2, in the entry for the United States, the following description of the zone US-2.632 is added after the description of the zone US-2.631: State of South Dakota Hutchinson 04 ‘United States US-2.632 Hutchinson County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 97.6491903°W 43.2647367°N)’ (2) in Annex XIV, in Part 1, Section B is amended as follows: (a) in the entry for Canada, the rows for zone CA-2.196 are replaced by the following: CA-2.196 POU, RAT N, P1 11.10.2023 18.3.2024 ‘CA Canada GBM P1 11.10.2023 18.3.2024’ 4/5 ELI: http://data.europa.eu/eli/reg_impl/2024/1020/ojEN OJ L, 2.4.2024 (b) in the entry for Canada, the rows for zone CA-2.221 are replaced by the following: ‘CA POU, RAT N, P1 25.11.2023 18.3.2024 Canada CA-2.221 GBM P1 25.11.2023 18.3.2024’ (c) in the entry for the United Kingdom, the rows for zone GB-2.328 are replaced by the following: ‘GB POU, RAT N, P1 14.2.2024 21.3.2024 United King­ GB-2.328 dom GBM P1 14.2.2024 21.3.2024’ (d) in the entry for the United States, the following rows for zone US-2.632 are added after the rows for the zone US-2.631: ‘US POU, RAT N, P1 12.3.2024 United States US-2.632 GBM P1 12.3.2024’ PART II Corrections to Implementing Regulation (EU) 2021/404 1. In Annex V, in Part 1, in Section B, in the entries for the United States, the rows for the zones US-2.528 and US-2.529 are replaced by the following: ‘US US-2.528 BPP, BPR, DOC, N, P1 21.11.2023 8.2.2024 United States DOR, SP, SR, POU- LT20, HEP, HER, US-2.529 N, P1 21.11.2023 9.2.2024’ HE-LT20 2. In Annex XIV, in Part 1, in Section B, in the entries for the United States, the rows for the zones US-2.528 and US-2.529 are replaced by the following: POU, RAT N, P1 21.11.2023 8.2.2024 US-2.528 GBM P1 21.11.2023 8.2.2024 ‘US United States POU, RAT N, P1 21.11.2023 9.2.2024 US-2.529 GBM P1 21.11.2023 9.2.2024’ ELI: http://data.europa.eu/eli/reg_impl/2024/1020/oj 5/5

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