Commission Implementing Regulation (EU) 2023/2580 of 13 November 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

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 five outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the provinces of Alberta (1), British Columbia (3), and Quebec (1), which were confirmed between 20 October 2023 and 25 October 2023 by laboratory analysis (RT-PCR).

6. The United States has notified the Commission of 20 outbreaks of HPAI in poultry in the states of Alabama (2), Arkansas (1), California (1), Iowa (3), Minnesota (5), Missouri (1), Oregon (1), South Dakota (5), and Washington (1), which were confirmed between 20 October 2023 and 6 November 2023 by laboratory analysis (RT-PCR).

7. Following these recent outbreaks of HPAI, the veterinary authorities of Canada 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.

8. Canada 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.

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

10. Moreover, the United Kingdom has 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 of certain products into the Union, as set out in Annexes V and XIV to Implementing Regulation (EU) 2021/404.

11. In particular, the United Kingdom has submitted updated information on the epidemiological situation in relation to three outbreaks of HPAI in poultry establishments in Scotland, in the county of Aberdeenshire (1) and on the Isle of Lewis (2), which were confirmed between 22 August 2023 and 10 September 2023.

12. The United Kingdom has also submitted information on the measures that were taken to prevent the further spread of HPAI. In particular, following the outbreak of that disease, it 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 establishments on its territory.

13. The Commission has evaluated the information submitted by the United Kingdom, and considers that it has provided appropriate guarantees that the animal health situation that gave rise to the suspensions, no longer represents 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 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 Canada, the United Kingdom and the United States.

15. Commission Implementing Regulation (EU) 2023/2457⁽⁴⁾ amended Annexes V and XIV to Implementing Regulation (EU) 2021/404 by suspending the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from two new areas in the United Kingdom. An error has been detected as regards the numbering of the codes for these two new zones. It is therefore appropriate to correct Annexes V and XIV accordingly.

16. Taking into account the current epidemiological situation in Canada and the United States as regards HPAI, and in order to avoid unnecessary disruption of trade with 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.

17. The correction of the entries for the United Kingdom in the rows for the zones GB–2.321 and GB–2.322 in Section B of Part 1 and in Part 2 of Annex V and in Part 2 of Annex XIV to Implementing Regulation (EU) 2021/404 should apply from the date of entry into force of Implementing Regulation (EU) 2023/2457.

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: