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Document 32023R0462
Commission Implementing Regulation (EU) 2023/462 of 2 March 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) 2023/462 of 2 March 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) 2023/462 of 2 March 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)
C/2023/1582
OJ L 68, 6.3.2023, p. 4–31
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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6.3.2023 |
EN |
Official Journal of the European Union |
L 68/4 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/462
of 2 March 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)
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:
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(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. |
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(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. |
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(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. |
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(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. |
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(5) |
Canada has notified the Commission of three outbreaks of highly pathogenic avian influenza in poultry in the province of Quebec, which were confirmed between 31 January 2023 and 8 February 2023 by laboratory analysis (RT-PCR). |
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(6) |
Moreover, the United Kingdom has notified the Commission of three outbreaks of highly pathogenic avian influenza in poultry in the county of Fife (1) and in Stirling Local Authority area (1) in Scotland, United Kingdom, and in county of Norfolk (1), England, United Kingdom, which were confirmed between 2 February 2023 and 21 February 2023 by laboratory analysis (RT-PCR). |
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(7) |
Additionally, the United States has notified the Commission of ten outbreaks of highly pathogenic avian influenza in poultry in the states of California (1), Kansas (1), New York (1), Mississippi (2) and Pennsylvania (5), United States, which were confirmed between 1 February 2023 and 22 February 2023 by laboratory analysis (RT-PCR). |
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(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. |
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(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. |
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(10) |
Furthermore, Canada has submitted updated information on the epidemiological situation on its territory in relation to 15 outbreaks of highly pathogenic avian influenza in poultry establishments in the provinces of Alberta (3), British Columbia (2), Ontario (4), Quebec (3) and Saskatchewan (3), Canada which were confirmed between 19 September 2022 and 6 December 2022. |
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(11) |
In addition, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to six outbreaks of highly pathogenic avian influenza in poultry establishments on Orkney Islands (2) and East Ayrshire (1) in Scotland, United Kingdom, and in counties of Cheshire (1) and Yorkshire (2), England, United Kingdom which were confirmed between 28 August 2022 and 8 November 2022. |
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(12) |
Moreover, the United States has submitted updated information on the epidemiological situation on its territory in relation to 77 outbreaks of highly pathogenic avian influenza in poultry establishments in the states of Arkansas (1), California (7), Colorado (1), Iowa (2), Minnesota (16), Mississippi (1), Nebraska (1), New York (1), North Dakota (4), Oregon (1), Pennsylvania (3), South Dakota (15), Tennessee (1), Utah (16), Washington (3) and Wisconsin (4), United States, which were confirmed between 29 March 2022 and 8 December 2022. |
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(13) |
Canada, the United Kingdom and the United States 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, the United Kingdom and the United States 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. |
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(14) |
The Commission has evaluated the information submitted by Canada, the United Kingdom and the United States 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, the United Kingdom and the United States from which the entry into the Union of poultry commodities was suspended following those outbreaks. |
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(15) |
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. |
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(16) |
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. |
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(17) |
Commission Implementing Regulation (EU) 2023/139 (4) amended Annex V and Annex XIV to Implementing Regulation (EU) 2021/404 by amending in Annex V and in Annex XIV the rows for the zone CA-2.99, by setting the opening date of this previously closed zone in the entries for Canada. As errors have been detected concerning the closing date of the zone CA-2.99 in Annexes V and XIV, the rows for the zone CA-2.99 in Annexes V and XIV should be corrected accordingly. This correction should apply from the date of application of Implementing Regulation (EU) 2023/139. |
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(18) |
Commission Implementing Regulation (EU) 2023/268 (5) amended Annex V and Annex XIV to Implementing Regulation (EU) 2021/404 by amending in Annex V and in Annex XIV the rows GB-2.136 to GB-2.218, by setting the opening dates of these two previously closed zones in the entries for the United Kingdom. As one error has been detected concerning the definition of the zone GB-2.218 in Annex V, which could create confusion, the setting of the closing and opening dates for the zones GB-2.136 and GB-2.218 in Annex V should be reiterated. This correction should apply from the date of application of Implementing Regulation (EU) 2023/268. |
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(19) |
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 and XIV to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this Regulation.
Article 2
Correction to Implementing Regulation (EU) 2021/404
1. In Annex V, in Section B of Part 1, in the entry for Canada, the row for the zone CA-2.99 is replaced by the following:
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‘CA Canada |
CA-2.99 |
BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20 |
N, P1 |
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23.9.2022 |
13.1.2023’ |
2. In Annex XIV, in Section B of Part 1, in the entry for Canada, the rows for the zones CA-2.99 are replaced by the following:
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‘CA Canada |
CA-2.99 |
POU, RAT |
N, P1 |
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23.9.2022 |
13.1.2023 |
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GBM |
P1 |
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23.9.2022 |
13.1.2023’ |
3. In Annex V, in Section B of Part 1, in the entry for the United Kingdom, the row for the zone GB-2.136 is replaced by the following:
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‘GB United Kingdom |
GB-2.136 |
BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20 |
N, P1 |
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29.8.2022 |
17.1.2023’ |
4. In Annex V, in Section B of Part 1, in the entry for the United Kingdom, the row for the zone GB-2.218 is replaced by the following:
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‘GB United Kingdom |
GB-2.218 |
BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20 |
N, P1 |
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24.10.2022 |
27.1.2023’ |
Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
However, in Article 2, paragraphs 1 and 2 shall apply from 21 January 2023 and paragraphs 3 and 4 shall apply from 10 February 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 March 2023.
For the Commission
The President
Ursula VON DER LEYEN
(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).
(4) 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 (OJ L 19, 20.1.2023, p. 76).
(5) Commission Implementing Regulation (EU) 2023/268 of 8 February 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 (OJ L 39, 9.2.2023, p. 5).
ANNEX
Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as follows:
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(1) |
Annex V is amended as follows:
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(2) |
Section B of Part 1 of Annex XIV is amended as follows
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