CELEX: 32022R0215
Language: en
Date: 2022-02-17 00:00:00
Title: Commission Implementing Regulation (EU) 2022/215 of 17 February 2022 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada and the United States of America 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)

18.2.2022   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 37/28
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2022/215
         of 17 February 2022
         amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada and the United States of America 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) thereof.
         Whereas:
         
                     (1)
                  
                  
                     Regulation (EU) 2016/429 requires 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 with which 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, and of fresh meat from poultry and game birds.
                  
               
                     (5)
                  
                  
                     Canada notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the province of Nova Scotia and was confirmed on 1 February 2022 by laboratory analysis (RT-PCR).
                  
               
                     (6)
                  
                  
                     Additionally, the United States of America notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in the county of Dubois, state of Indiana, and was confirmed on 8 February 2022 by laboratory analysis (RT-PCR).
                  
               
                     (7)
                  
                  
                     The veterinary authorities of Canada and the United States of America established a 10 km control zone 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.
                  
               
                     (8)
                  
                  
                     Canada and the United States of America have submitted information to the Commission on the epidemiological situation on their territories 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, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat from poultry and game birds from the areas under restrictions established by the veterinary authorities of Canada and the United States of America due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised.
                  
               
                     (9)
                  
                  
                     Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended accordingly.
                  
               
                     (10)
                  
                  
                     Taking into account the current epidemiological situation in Canada and the United States of America as regards highly pathogenic avian influenza and its serious risk of introduction into the Union, the amendments to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.
                  
               
                     (11)
                  
                  
                     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
            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, 17 February 2022.
            
               
                  For the Commission
               
               
                  The President
               
               Ursula VON DER LEYEN
            
         
         
            (1)  OJ L 84, 31.3.2016, p. 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).
         
            (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).
      
      
         
            ANNEX
            Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as follows:
            
                        (1)
                     
                     
                        Annex V is amended as follows:
                        
                                    (a)
                                 
                                 
                                    Part 1 is amended as follows:
                                    
                                                (i)
                                             
                                             
                                                in the entry for Canada, the following row for zone CA-2.1 is inserted after the row CA-2:
                                                
                                                            ‘CA Canada
                                                         
                                                         
                                                            CA-2.1
                                                         
                                                         
                                                            Breeding poultry other than ratites and productive poultry other than ratites
                                                         
                                                         
                                                            BPP
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Breeding ratites and productive ratites
                                                         
                                                         
                                                            BPR
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Poultry intended for slaughter other than ratites
                                                         
                                                         
                                                            SP
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Ratites intended for slaughter
                                                         
                                                         
                                                            SR
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Day-old chicks other than ratites
                                                         
                                                         
                                                            DOC
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Day-old chicks of ratites
                                                         
                                                         
                                                            DOR
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Less than 20 heads of poultry other than ratites
                                                         
                                                         
                                                            POU-LT20
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Hatching eggs of poultry other than ratites
                                                         
                                                         
                                                            HEP
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Hatching eggs of ratites
                                                         
                                                         
                                                            HER
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Less than 20 heads of poultry other than ratites
                                                         
                                                         
                                                            HE-LT20
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022’
                                                         
                                                         
                                                             
                                                         
                                                      
                                          
                                                (ii)
                                             
                                             
                                                in the entry for the United States, the following row for zone US-2.4 is inserted after the row for zone US-2.3:
                                                
                                                            ‘US United States
                                                         
                                                         
                                                            US-2.4
                                                         
                                                         
                                                            Breeding poultry other than ratites and productive poultry other than ratites
                                                         
                                                         
                                                            BPP
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Breeding ratites and productive ratites
                                                         
                                                         
                                                            BPR
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Poultry intended for slaughter other than ratites
                                                         
                                                         
                                                            SP
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Ratites intended for slaughter
                                                         
                                                         
                                                            SR
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Day-old chicks other than ratites
                                                         
                                                         
                                                            DOC
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Day-old chicks of ratites
                                                         
                                                         
                                                            DOR
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Less than 20 heads of poultry other than ratites
                                                         
                                                         
                                                            POU-LT20
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Hatching eggs of poultry other than ratites
                                                         
                                                         
                                                            HEP
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Hatching eggs of ratites
                                                         
                                                         
                                                            HER
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Less than 20 heads of poultry other than ratites
                                                         
                                                         
                                                            HE-LT20
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022’
                                                         
                                                         
                                                             
                                                         
                                                      
                                          
                              
                                    (b)
                                 
                                 
                                    Part 2 is amended as follows:
                                    
                                                (i)
                                             
                                             
                                                in the entry for Canada, the following description of the zone CA-2.1 is inserted after the row CA-2:
                                                
                                                            ‘Canada
                                                         
                                                         
                                                            CA-2.1
                                                         
                                                         
                                                            Province of Nova Scotia:
                                                            Municipalities of Gaspereau, Grand Pre, Lower Wolfville, Melanson, Wolfville, Avonport, Greenfield, Hansport, Hortonville, New Minas, North Grand Pre, Port Williams and White Rock’
                                                         
                                                      
                                          
                                                (ii)
                                             
                                             
                                                in the entry for US, the following description of the zone US-2.4 is inserted after the description of zone US-2.3:
                                                
                                                            ‘United States
                                                         
                                                         
                                                            US-2.4
                                                         
                                                         
                                                            State of Indiana:
                                                            Dubois County: A zone of a 10 km radius starting with North point on the circular Dubois 01 premise Control Zone border and extending in a clockwise fashion:
                                                            
                                                                        (a)
                                                                     
                                                                     
                                                                        North: 0.56km northeast from intersection of E. Schnellville Road and Rustic Acres Road.
                                                                     
                                                                  
                                                                        (b)
                                                                     
                                                                     
                                                                        Northeast: 1.28km north-northwest from the intersection of S 600E and E 400S highways.
                                                                     
                                                                  
                                                                        (c)
                                                                     
                                                                     
                                                                        East: 0.45km west intersection of S Schnell Road and S Kyana Road.
                                                                     
                                                                  
                                                                        (d)
                                                                     
                                                                     
                                                                        Southeast: 0.11km south from intersection of Highway 64 and E Ferdinand Road E.
                                                                     
                                                                  
                                                                        (e)
                                                                     
                                                                     
                                                                        South: 0.66km southeast from intersection of County Road 875 E and E County Road 2100N.
                                                                     
                                                                  
                                                                        (f)
                                                                     
                                                                     
                                                                        Southwest: 0.66km east from intersection of S US Highway 231 and W 1100 S.
                                                                     
                                                                  
                                                                        (g)
                                                                     
                                                                     
                                                                        West: 0.94km southeast from intersection of S 500W and W 630S.
                                                                     
                                                                  
                                                                        (h)
                                                                     
                                                                     
                                                                        Northwest: 0.2km north of intersection of S US Highway 231 and S Witz Road’
                                                                     
                                                                  
                                                      
                                          
                              
                  
                        (2)
                     
                     
                        Annex XIV is amended as follows:
                        
                                    (a)
                                 
                                 
                                    Part 1 is amended as follows;
                                    
                                                (i)
                                             
                                             
                                                in the entry for Canada, the following row for zone CA-2.1 is inserted after the row CA-2:
                                                
                                                            ‘CA Canada
                                                         
                                                         
                                                            CA-2.1
                                                         
                                                         
                                                            Fresh meat of poultry other than ratites
                                                         
                                                         
                                                            POU
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Fresh meat of ratites
                                                         
                                                         
                                                            RAT
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Fresh meat of game birds
                                                         
                                                         
                                                            GBM
                                                         
                                                         
                                                            P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            1.2.2022’
                                                         
                                                         
                                                             
                                                         
                                                      
                                          
                                                (ii)
                                             
                                             
                                                in the entry for the United States, the following row for zone US-2.4 is inserted after the row for zone US-2.3:
                                                
                                                            ‘US United States
                                                         
                                                         
                                                            US-2.4
                                                         
                                                         
                                                            Fresh meat of poultry other than ratites
                                                         
                                                         
                                                            POU
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Fresh meat of ratites
                                                         
                                                         
                                                            RAT
                                                         
                                                         
                                                            N, P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022
                                                         
                                                         
                                                             
                                                         
                                                      
                                                            Fresh meat of game birds
                                                         
                                                         
                                                            GBM
                                                         
                                                         
                                                            P1
                                                         
                                                         
                                                             
                                                         
                                                         
                                                            8.2.2022’
                                                         
                                                         
                                                             
                                                         
                                                      
                                          
                              
                                    (b)
                                 
                                 
                                    Part 2 is amended as follows:
                                    
                                                (i)
                                             
                                             
                                                in the entry for Canada, the description of the zone CA-2. is replaced by the following:
                                                
                                                            ‘Canada
                                                         
                                                         
                                                            CA-2.
                                                         
                                                         
                                                            The territory of Canada corresponding to:
                                                         
                                                      
                                                            CA-2.1
                                                         
                                                         
                                                            Province of Nova Scotia:
                                                            Municipalities of Gaspereau, Grand Pre, Lower Wolfville, Melanson, Wolfville, Avonport,, Greenfield, Hansport, Hortonville, New Minas, North Grand Pre, Port Williams and White Rock’
                                                         
                                                      
                                          
                                                (ii)
                                             
                                             
                                                in the entry for the United States, the following description of the zone US-2.4 is inserted after the description of zone US-2.3:
                                                
                                                            ‘United States
                                                         
                                                         
                                                            US-2.4
                                                         
                                                         
                                                            State of Indiana:
                                                            Dubois County: A zone of a 10 km radius starting with North point on the circular Dubois 01 premise Control Zone border and extending in a clockwise fashion:
                                                            
                                                                        (a)
                                                                     
                                                                     
                                                                        North: 0.56km northeast from intersection of E. Schnellville Road and Rustic Acres Road.
                                                                     
                                                                  
                                                                        (b)
                                                                     
                                                                     
                                                                        Northeast: 1.28km north-northwest from the intersection of S 600E and E 400S highways.
                                                                     
                                                                  
                                                                        (c)
                                                                     
                                                                     
                                                                        East: 0.45km west intersection of S Schnell Road and S Kyana Road.
                                                                     
                                                                  
                                                                        (d)
                                                                     
                                                                     
                                                                        Southeast: 0.11km south from intersection of Highway 64 and E Ferdinand Road E.
                                                                     
                                                                  
                                                                        (e)
                                                                     
                                                                     
                                                                        South: 0.66km southeast from intersection of County Road 875 E and E County Road 2100N.
                                                                     
                                                                  
                                                                        (f)
                                                                     
                                                                     
                                                                        Southwest: 0.66km east from intersection of S US Highway 231 and W 1100 S.
                                                                     
                                                                  
                                                                        (g)
                                                                     
                                                                     
                                                                        West: 0.94km southeast from intersection of S 500W and W 630S.
                                                                     
                                                                  
                                                                        (h)
                                                                     
                                                                     
                                                                        Northwest: 0.2km north of intersection of S US Highway 231 and S Witz Road’