Commission Implementing Regulation (EU) 2024/2028 of 22 July 2024 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada 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

Official Journal EN of the European Union L series 2024/2028 23.7.2024 COMMISSION IMPLEMENTING REGULATION (EU) 2024/2028 of 22 July 2024 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada 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 four outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the states of Colorado (1) and Minnesota (3), which were confirmed on 8 July 2024 and 9 July 2024, respectively by laboratory analysis (RT-PCR).

(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/2024/2028/oj 1/9EN OJ L, 23.7.2024

(6) Following those recent outbreaks of HPAI, the veterinary authority of 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.

(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 these recent outbreaks in the states of Colorado and Minnesota.

(8) 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 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 those areas concerned by the recent outbreaks in the states of Colorado and Minnesota should be suspended, in order to protect the animal health status of the Union.

(9) In addition, Canada and the United States have provided updated information to the Commission in relation to the epidemiological situation on its territory 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 poultry in the province Alberta, which were confirmed on 9 February 2024and 21 February 2024, respectively, by laboratory analysis (RT-PCR).

(11) The United States has submitted updated information on the epidemiological situation in relation to 18 outbreaks of HPAI in poultry in the states of California (7), Kansas (4), Michigan (3), Minnesota (3) and Texas (1), which were confirmed between 21 February 2024and 18 June 2024, by laboratory analysis (RT-PCR).

(12) Canada and the United States 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 States 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 States, 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 these 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 States, 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 and Canada.

(15) 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 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.

(16) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, 2/9 ELI: http://data.europa.eu/eli/reg_impl/2024/2028/ojEN OJ L, 23.7.2024

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 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, 22 July 2024.

For the Commission The President Ursula VON DER LEYEN

ELI: http://data.europa.eu/eli/reg_impl/2024/2028/oj 3/9EN OJ L, 23.7.2024 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 rows for zones CA-2.234 and CA-2.235 are replaced by the following:

CA-2.234 BPP, BPR, DOC, DOR, SP, SR, N, P1 9.2.2024 8.7.2024 ‘CA POU-LT20, HEP, HER, Canada CA-2.235 HE-LT20 N, P1 21.2.2024 8.7.2024’

(ii) in the entry for the United States, the row for the zone US-2.575 is replaced by the following: ‘US BPP, BPR, DOC, DOR, SP, SR, United US-2.575 POU-LT20, HEP, HER, N, P1 18.3.2024 3.7.2024’ States HE-LT20

(iii) in the entry for the United States, the row for the zone US-2.581 is replaced by the following: ‘US BPP, BPR, DOC, DOR, SP, SR, United US-2.581 POU-LT20, HEP, HER, N, P1 31.5.2024 30.6.2024’ States HE-LT20

(iv) in the entry for the United States, the row for the zone US-2.586 is replaced by the following: ‘US BPP, BPR, DOC, DOR, SP, SR, United US-2.586 POU-LT20, HEP, HER, N, P1 3.6.2024 3.7.2024’ States HE-LT20

(v) in the entry for the United States, the rows for the zones US-2.594 to US-2.596 are replaced by the

following:

US-2.594 N, P1 15.3.2024 30.6.2024 ‘US BPP, BPR, DOC, DOR, SP, SR, United US-2.595 POU-LT20, HEP, HER, N, P1 23.3.2024 30.6.2024 States HE-LT20 US-2.596 N, P1 21.2.2024 30.6.2024’

(vi) in the entry for the United States, the row for the zone US-2.608 is replaced by the following: ‘US BPP, BPR, DOC, DOR, SP, SR, United US-2.608 POU-LT20, HEP, HER, N, P1 23.2.2024 30.6.2024’ States HE-LT20 4/9 ELI: http://data.europa.eu/eli/reg_impl/2024/2028/ojEN OJ L, 23.7.2024

(vii) in the entry for the United States, the row for the zone US-2.610 is replaced by the following: ‘US BPP, BPR, DOC, DOR, SP, SR, United US-2.610 POU-LT20, HEP, HER, N, P1 3.6.2024 30.6.2024’ States HE-LT20

(viii) in the entry for the United States, the row for the zone US-2.612 is replaced by the following: ‘US BPP, BPR, DOC, DOR, SP, SR, United US-2.612 POU-LT20, HEP, HER, N, P1 19.3.2024 3.7.2024’ States HE-LT20

(ix) in the entry for the United States, the row for the zone US-2.617 is replaced by the following: ‘US BPP, BPR, DOC, DOR, SP, SR, United US-2.617 POU-LT20, HEP, HER, N, P1 23.2.2024 30.6.2024’ States HE-LT20

(x) in the entry for the United States, the rows for the zones US-2.633 to US-2.636 are replaced by the

following:

US-2.633 N, P1 14.5.2024 29.6.2024 ‘US US-2.634 BPP, BPR, DOC, DOR, SP, SR, N, P1 17.6.2024 29.6.2024 United POU-LT20, HEP, HER, States US-2.635 HE-LT20 N, P1 30.5.2024 30.6.2024 US-2.636 N, P1 28.5.2024 27.6.2024’

(xi) in the entry for the United States, the rows for the zones US-2.639 and US-2.640 are replaced by

the following: ‘US US-2.639 BPP, BPR, DOC, DOR, SP, SR, N, P1 30.5.2024 29.6.2024 United POU-LT20, HEP, HER, States US-2.640 HE-LT20 N, P1 18.6.2024 18.7.2024’

(xii) in the entry for the United States, the row for the zone US-2.646 is replaced by the following: ‘US BPP, BPR, DOC, DOR, SP, SR, United US-2.646 POU-LT20, HEP, HER, N, P1 14.6.2024 14.7.2024’ States HE-LT20

ELI: http://data.europa.eu/eli/reg_impl/2024/2028/oj 5/9EN OJ L, 23.7.2024

(xiii) in the entry for the United States, the row for the zone US-2.651 is replaced by the following: ‘US BPP, BPR, DOC, DOR, SP, SR, United US-2.651 POU-LT20, HEP, HER, N, P1 5.6.2024 5.7.2024’ States HE-LT20

(xiv) in the entry for the United States, the following rows for the zones US-2.667 to US-2.670 are added after the row for the zone US-2.666:

US-2.667 N, P1 8.7.2024 US-2.668 BPP, BPR, DOC, DOR, SP, SR, N, P1 9.7.2024 ‘US POU-LT20, HEP, HER, United States US-2.669 HE-LT20 N, P1 9.7.2024 US-2.670 N, P1 9.7.2024’

(b) in Part 2, in the entry for the United States, the following descriptions of the zones US-2.667 to US-2.670 are added after the description of the zone US-2.666:

State of Colorado Weld 11 US-2.667

Weld County: A circular zone of a 10 km radius starting with North point (GPS coor­

dinates: 104.3905872°W 40.2270488°N) State of Minnesota Kandiyohi 14 US-2.668

Kandiyohi County: A circular zone of a 10 km radius starting with North point (GPS

coordinates: 95.1844948°W 45.1575479°N) ‘United States State of Minnesota Kandiyohi 15 US-2.669

Kandiyohi County: A circular zone of a 10 km radius starting with North point (GPS

coordinates: 95.1434154°W 45.2764256°N) State of Minnesota Renville 02 US-2.670

Renville County: A circular zone of a 10 km radius starting with North point (GPS

coordinates: 94.8243971°W 44.6212325°N)’

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

(a) in the entry for Canada, the rows for the zones CA-2.234 and CA-2.235 are replaced by the following:

POU, RAT N, P1 9.2.2024 8.7.2024 CA-2.234 GBM P1 9.2.2024 8.7.2024 ‘CA Canada POU, RAT N, P1 21.2.2024 8.7.2024 CA-2.235 GBM P1 21.2.2024 8.7.2024’ 6/9 ELI: http://data.europa.eu/eli/reg_impl/2024/2028/ojEN OJ L, 23.7.2024

(b) in the entry for the United States, the rows for the zone US-2.575 are replaced by the following:

POU, RAT N, P1 18.3.2024 3.7.2024 ‘US US-2.575 United States GBM P1 18.3.2024 3.7.2024’

(c) in the entry for the United States, the rows for the zone US-2.581 are replaced by the following:

POU, RAT N, P1 31.5.2024 30.6.2024 ‘US US-2.581 United States GBM P1 31.5.2024 30.6.2024’

(d) in the entry for the United States, the rows for the zone US-2.586 are replaced by the following:

POU, RAT N, P1 3.6.2024 3.7.2024 ‘US US-2.586 United States GBM P1 3.6.2024 3.7.2024’

(e) in the entry for the United States, the rows for the zones US-2.594 to US-2.596 are replaced by the

following:

POU, RAT N, P1 15.3.2024 30.6.2024 US-2.594 GBM P1 15.3.2024 30.6.2024 POU, RAT N, P1 23.3.2024 30.6.2024 ‘US US-2.595 United States GBM P1 23.3.2024 30.6.2024 POU, RAT N, P1 21.2.2024 30.6.2024 US-2.596 GBM P1 21.2.2024 30.6.2024’

(f) in the entry for the United States, the rows for the zone US-2.608 are replaced by the following:

POU, RAT N, P1 23.2.2024 30.6.2024 ‘US US-2.608 United States GBM P1 23.2.2024 30.6.2024’

(g) in the entry for the United States, the rows for the zone US-2.610 are replaced by the following:

POU, RAT N, P1 3.6.2024 30.6.2024 ‘US US-2.610 United States GBM P1 3.6.2024 30.6.2024’

(h) in the entry for the United States, the rows for the zone US-2.612 are replaced by the following:

POU, RAT N, P1 19.3.2024 3.7.2024 ‘US US-2.612 United States GBM P1 19.3.2024 3.7.2024’

ELI: http://data.europa.eu/eli/reg_impl/2024/2028/oj 7/9EN OJ L, 23.7.2024

(i) in the entry for the United States, the rows for the zone US-2.617 are replaced by the following:

POU, RAT N, P1 23.2.2024 30.6.2024 ‘US US-2.617 United States GBM P1 23.2.2024 30.6.2024’

(j) in the entry for the United States, the rows for the zones US-2.633 to US-2.636 are replaced by the

following:

POU, RAT N, P1 14.5.2024 29.6.2024 US-2.633 GBM P1 14.5.2024 29.6.2024 POU, RAT N, P1 17.6.2024 29.6.2024 US-2.634 GBM P1 17.6.2024 29.6.2024 ‘US United States POU, RAT N, P1 30.5.2024 30.6.2024 US-2.635 GBM P1 30.5.2024 30.6.2024 POU, RAT N, P1 28.5.2024 27.6.2024 US-2.636 GBM P1 28.5.2024 27.6.2024’

(k) in the entry for the United States, the rows for the zones US-2.639 and US-2.640 are replaced by the

following:

POU, RAT N, P1 30.5.2024 29.6.2024 US-2.639 GBM P1 30.5.2024 29.6.2024 ‘US United States POU, RAT N, P1 18.6.2024 18.7.2024 US-2.640 GBM P1 18.6.2024 18.7.2024’

(l) in the entry for the United States, the rows for the zone US-2.646 are replaced by the following:

POU, RAT N, P1 14.6.2024 14.7.2024 ‘US US-2.646 United States GBM P1 14.6.2024 14.7.2024’

(m) in the entry for the United States, the rows for the zone US-2.651 are replaced by the following:

POU, RAT N, P1 5.6.2024 5.7.2024 ‘US US-2.651 United States GBM P1 5.6.2024 5.7.2024’ 8/9 ELI: http://data.europa.eu/eli/reg_impl/2024/2028/ojEN OJ L, 23.7.2024

(n) in the entry for the United States, the following rows for the zones US-2.667 to US-2.670 are added after the rows for the zone US-2.666:

POU, RAT N, P1 8.7.2024 US-2.667 GBM P1 8.7.2024 POU, RAT N, P1 9.7.2024 US-2.668 GBM P1 9.7.2024 ‘US United States POU, RAT N, P1 9.7.2024 US-2.669 GBM P1 9.7.2024 POU, RAT N, P1 9.7.2024 US-2.670 GBM P1 9.7.2024’

ELI: http://data.europa.eu/eli/reg_impl/2024/2028/oj 9/9