# L_2023206EN.01006401.xml

| 21.8.2023 | EN | Official Journal of the European Union | L 206/64 |
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21.8.2023

EN

Official Journal of the European Union

L 206/64

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COMMISSION IMPLEMENTING REGULATION (EU) 2023/1644

of 17 August 2023

amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for 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:

| (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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(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. |
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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.

| (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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(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, and of fresh meat of poultry and game birds. |
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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 of poultry and game birds.

| (5) | The United Kingdom has notified the Commission of three outbreaks of highly pathogenic avian influenza (HPAI) in poultry in Scotland, in the council areas of Aberdeenshire (1) and Highland (1), and the Isle of Lewis (1) which were confirmed on 8 August 2023 and 9 August 2023 by laboratory analysis (RT-PCR). |
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(5)

The United Kingdom has notified the Commission of three outbreaks of highly pathogenic avian influenza (HPAI) in poultry in Scotland, in the council areas of Aberdeenshire (1) and Highland (1), and the Isle of Lewis (1) which were confirmed on 8 August 2023 and 9 August 2023 by laboratory analysis (RT-PCR).

| (6) | Furthermore, the United States has notified the Commission of two outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the state of New York, which were confirmed on 29 July 2023 and 3 August 2023 by laboratory analysis (RT-PCR). |
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(6)

Furthermore, the United States has notified the Commission of two outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the state of New York, which were confirmed on 29 July 2023 and 3 August 2023 by laboratory analysis (RT-PCR).

| (7) | Following those recent outbreaks of HPAI, the veterinary authorities of the United Kingdom and the United States established restricted zones of at least 10 km around the affected establishments and implemented a stamping-out policy in order to control the presence of HPAI and limit the spread of that disease. |
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(7)

Following those recent outbreaks of HPAI, the veterinary authorities of the United Kingdom and the United States established restricted zones of at least 10 km around the affected establishments and implemented a stamping-out policy in order to control the presence of HPAI and limit the spread of that disease.

| (8) | The United Kingdom 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. |
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(8)

The United Kingdom 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 Commission considers that, in view of the animal health situation in the areas under restrictions established by the veterinary authorities of the United Kingdom and the United States, the entry into the Union of consignments 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. |
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(9)

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 authorities of the United Kingdom and the United States, the entry into the Union of consignments 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) | The United Kingdom has provided updated information in relation to 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. |
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(10)

The United Kingdom has provided updated information in relation to 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 on its territory in relation to an outbreak of HPAI in a poultry establishment in the country of Cumbria, England, which was confirmed on 2 July 2023. |
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(11)

In particular, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to an outbreak of HPAI in a poultry establishment in the country of Cumbria, England, which was confirmed on 2 July 2023.

| (12) | The United Kingdom also submitted information on the measures that were taken to prevent the further spread of HPAI. In particular, following those outbreaks of that disease, the United Kingdom 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 establishment on its territory. |
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(12)

The United Kingdom also submitted information on the measures that were taken to prevent the further spread of HPAI. In particular, following those outbreaks of that disease, the United Kingdom 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 establishment on its territory.

| (13) | The Commission has evaluated the information submitted by the United Kingdom. The Commission considers that the United Kingdom has provided appropriate guarantees that the animal health situation that gave rise to the suspension, 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 zone the United Kingdom from which entry into the Union had been suspended, should be reauthorised. |
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(13)

The Commission has evaluated the information submitted by the United Kingdom. The Commission considers that the United Kingdom has provided appropriate guarantees that the animal health situation that gave rise to the suspension, 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 zone 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 Kingdom and the United States. |
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(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 Kingdom and the United States.

| (15) | Taking into account the current epidemiological situation in the United Kingdom and the United States as regards HPAI, 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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(15)

Taking into account the current epidemiological situation in the United Kingdom and the United States as regards HPAI, 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, |
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(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:

Article 1

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.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 August 2023.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 84, 31.3.2016, p. 1.

1

(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).

2

(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).

3

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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 the United Kingdom, the row for the zone GB-2.306 is replaced by the following:











  ‘GB

  United Kingdom | GB-2.306 | BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20 | N, P1 | | 2.7.2023 | 4.8.2023’ |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |

(1)

Annex V is amended as follows:

(a)

in Part 1, Section B is amended as follows:

(i)

in the entry for the United Kingdom, the row for the zone GB-2.306 is replaced by the following:

‘GB

United Kingdom

GB-2.306

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

2.7.2023

4.8.2023’

| (ii) | in the entry for the United Kingdom, the following rows for the zones GB-2.309, GB-2.310 and GB-2.311 are added after the row for the zone GB-2.308:











  ‘GB

  United Kingdom | GB-2.309 | BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20 | N, P1 | | 8.8.2023 | |
| --- | --- | --- | --- | --- | --- | --- | --- |
| GB-2.310 | N, P1 | | 8.8.2023 | |
| GB-2.311 | N, P1 | | 9.8.2023’ | |

(ii)

in the entry for the United Kingdom, the following rows for the zones GB-2.309, GB-2.310 and GB-2.311 are added after the row for the zone GB-2.308:

‘GB

United Kingdom

GB-2.309

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

8.8.2023

GB-2.310

N, P1

8.8.2023

GB-2.311

N, P1

9.8.2023’

| (iii) | in the entry for the United States, the following rows for the zones US-2.457 and US-2.458 are added after the row for the zone US-2.456:











  ‘US

  United States | US-2.457 | BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20 | N, P1 | | 29.7.2023 | |
| --- | --- | --- | --- | --- | --- | --- | --- |
| US-2.458 | N, P1 | | 3.8.2023’ | |

(iii)

in the entry for the United States, the following rows for the zones US-2.457 and US-2.458 are added after the row for the zone US-2.456:

‘US

United States

US-2.457

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

29.7.2023

US-2.458

N, P1

3.8.2023’

| (b) | Part 2 is amended as follows:






  (i) | in the entry for the United Kingdom, the following descriptions of the zones GB-2.309, GB-2.310 and GB-2.311 are added after the description of the zone GB-2.308:







  ‘United Kingdom | GB-2.309 | near Stornoway, Isle of Lewis, Scotland, GB
  The area contained within a circle of a radius of 10km, centred on WGS84 dec, coordinates Lat: N58.22 and Long: W6.25 |
| --- | --- | --- | --- | --- |
| GB-2.310 | near Portsoy, Aberdeenshire, Scotland, GB
  The area contained within a circle of a radius of 10km, centred on WGS84 dec, coordinates Lat: N57.67 and Long: W2.80 |
| GB-2.311 | in Lochcarron, Highland, Scotland, GB
  The area contained within a circle of a radius of 10km, centred on WGS84 dec, coordinates Lat: N57.40 and Long: W5.50’ |

(b)

Part 2 is amended as follows:

(i)

in the entry for the United Kingdom, the following descriptions of the zones GB-2.309, GB-2.310 and GB-2.311 are added after the description of the zone GB-2.308:

‘United Kingdom

GB-2.309

near Stornoway, Isle of Lewis, Scotland, GB

The area contained within a circle of a radius of 10km, centred on WGS84 dec, coordinates Lat: N58.22 and Long: W6.25

GB-2.310

near Portsoy, Aberdeenshire, Scotland, GB

The area contained within a circle of a radius of 10km, centred on WGS84 dec, coordinates Lat: N57.67 and Long: W2.80

GB-2.311

in Lochcarron, Highland, Scotland, GB

The area contained within a circle of a radius of 10km, centred on WGS84 dec, coordinates Lat: N57.40 and Long: W5.50’

| (ii) | in the entry for the United States, the following descriptions of the zones US-2.457 and US-2.458 are added after the description of the zone US-2.456:







  ‘United States | US-2.457 | State of New York
  Kings 04
  Kings County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 73.9673514°W 40.7336098°N) |
| --- | --- | --- | --- |
| US-2.458 | State of New York
  Kings 05
  King County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 73.9869471°W 40.7240856°N)’ |

(ii)

in the entry for the United States, the following descriptions of the zones US-2.457 and US-2.458 are added after the description of the zone US-2.456:

‘United States

US-2.457

State of New York

Kings 04

Kings County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 73.9673514°W 40.7336098°N)

US-2.458

State of New York

Kings 05

King County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 73.9869471°W 40.7240856°N)’

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






  (i) | in the entry for the United Kingdom, the rows for the zone GB-2.306 are replaced by the following:











  ‘GB

  United Kingdom | GB-2.306 | POU, RAT | N, P1 | | 2.7.2023 | 4.8.2023 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| GBM | P1 | | 2.7.2023 | 4.8.2023’ |

(2)

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

(i)

in the entry for the United Kingdom, the rows for the zone GB-2.306 are replaced by the following:

‘GB

United Kingdom

GB-2.306

POU, RAT

N, P1

2.7.2023

4.8.2023

GBM

P1

2.7.2023

4.8.2023’

| (ii) | in the entry for the United Kingdom, the following rows for the zones GB-2.309, GB-2.310 and GB-2.311 are added after the rows for the zone GB-2.308:











  ‘GB

  United Kingdom | GB-2.309 | POU, RAT | N, P1 | | 8.8.2023 | |
| --- | --- | --- | --- | --- | --- | --- | --- |
| GBM | P1 | | 8.8.2023 | |
| GB-2.310 | POU, RAT | N, P1 | | 8.8.2023 | |
| GBM | P1 | | 8.8.2023 | |
| GB-2.311 | POU, RAT | N, P1 | | 9.8.2023 | |
| GBM | P1 | | 9.8.2023’ | |

(ii)

in the entry for the United Kingdom, the following rows for the zones GB-2.309, GB-2.310 and GB-2.311 are added after the rows for the zone GB-2.308:

‘GB

United Kingdom

GB-2.309

POU, RAT

N, P1

8.8.2023

GBM

P1

8.8.2023

GB-2.310

POU, RAT

N, P1

8.8.2023

GBM

P1

8.8.2023

GB-2.311

POU, RAT

N, P1

9.8.2023

GBM

P1

9.8.2023’

| (iii) | in the entry for the United States, the following rows for the zones US-2.457 and US-2.458 are added after the rows for the zone US-2.456:











  ‘US

  United States | US-2.457 | POU, RAT | N, P1 | | 29.7.2023 | |
| --- | --- | --- | --- | --- | --- | --- | --- |
| GBM | P1 | | 29.7.2023 | |
| US-2.458 | POU, RAT | N, P1 | | 3.8.2023 | |
| GBM | P1 | | 3.8.2023’ | |

(iii)

in the entry for the United States, the following rows for the zones US-2.457 and US-2.458 are added after the rows for the zone US-2.456:

‘US

United States

US-2.457

POU, RAT

N, P1

29.7.2023

GBM

P1

29.7.2023

US-2.458

POU, RAT

N, P1

3.8.2023

GBM

P1

3.8.2023’

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