Commission Implementing Regulation (EU) 2023/139 of 18 January 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 and fresh meat of poultry and game birds (Text with EEA relevance)
Commission Implementing Regulation (EU) 2023/139of 18 January 2023amending 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 and 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")OJ L 84, 31.3.2016, p. 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) 2020/692Commission 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). 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) 2021/404Commission 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). 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, and of fresh meat from poultry and game birds.(5)Canada has notified the Commission of nine outbreaks of highly pathogenic avian influenza in poultry in the provinces of British Columbia (7), Quebec (1) and Ontario (1), Canada, which were confirmed between 29 November 2022 and 29 December 2022 by laboratory analysis (RT-PCR).(6)Moreover, the United Kingdom has notified the Commission of 11 outbreaks of highly pathogenic avian influenza in poultry in the counties of Cumbria (1), Norfolk (3), North Yorkshire (1), Suffolk (1) and Yorkshire (1) in England, United Kingdom and in the council areas of Angus (1), Fife (1), Moray (1) and Perth and Kinross (1) in Scotland, United Kingdom, which were confirmed between 14 December 2022 and 10 January 2023 by laboratory analysis (RT-PCR).(7)Additionally, the United States has notified the Commission of 17 outbreaks of highly pathogenic avian influenza in poultry in the states of California (1), Colorado (2), Indiana (1), Minnesota (2), Missouri (1), Nebraska (1), South Dakota (3), Tennessee (4) and Washington (2), United States, which were confirmed between 8 December 2022 and 22 December 2022 by laboratory analysis (RT-PCR).(8)Following those recent outbreaks of highly pathogenic avian influenza, the veterinary authorities of Canada, the United Kingdom and 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.(9)Canada, the United Kingdom and 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 Canada, the United Kingdom and the United States due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised.(10)Furthermore, Canada has submitted updated information on the epidemiological situation on its territory in relation to 13 outbreaks of highly pathogenic avian influenza in poultry establishments in the provinces of Alberta (4), British Columbia (1), Manitoba (1), Ontario (6) and Saskatchewan (1), Canada, which were confirmed between 10 April 2022 and 6 October 2022.(11)In addition, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to five outbreaks of highly pathogenic avian influenza in poultry establishments in the counties of Devon (4) and Pembrokeshire (1) in England, United Kingdom, which were confirmed between 6 August 2022 and 9 September 2022.(12)Canada and the United Kingdom have also submitted information on the measures they have taken to prevent the further spread of highly pathogenic avian influenza. In particular, following those outbreaks of that disease, Canada and the United Kingdom 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.(13)The Commission has evaluated the information submitted by Canada and the United Kingdom and concluded that the outbreaks of highly pathogenic avian influenza in poultry establishments have been cleared and that there is no longer a risk associated with the entry into the Union of poultry commodities from the zones of Canada and the United Kingdom from which the entry into the Union of poultry commodities was suspended following those outbreaks.(14)Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended to take account of the current epidemiological situation as regards highly pathogenic avian influenza in Canada, the United Kingdom and in the United States.(15)Taking into account the current epidemiological situation in Canada, the United Kingdom and the United States as regards highly pathogenic avian influenza and the serious risk of its introduction into the Union, 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,HAS ADOPTED THIS REGULATION: