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26.6.2023 |
EN |
Official Journal of the European Union |
L 160/19 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1226
of 22 June 2023
amending Annexes V, XIV and XV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, Chile and the United Kingdom 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 of poultry and game birds. |
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(5) |
Chile has notified the Commission of one outbreak of highly pathogenic avian influenza (HPAI) in poultry in the region of Metropolitana, which was confirmed on 4 June 2023 by laboratory analysis (RT-PCR). |
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(6) |
Following this recent outbreak of HPAI, the veterinary authorities of Chile established a restricted zone of at least 10 km around the affected establishment 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) |
Chile has submitted information to the Commission on the epidemiological situation on its territory and the measures taken to prevent the further spread of HPAI. |
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(8) |
That information has been evaluated by the Commission. The Commision considers that, in view of the animal health situation in the area under restrictions established by the veterinary authorities of Chile, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from that area should be suspended, in order to protect the animal health status of the Union. |
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(9) |
Canada and the United Kingdom have provided updated information in relation to situations that gave rise to the suspension of the entry of some products into the Union. |
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(10) |
In particular, Canada has submitted updated information on the epidemiological situation on its territory in relation to two outbreaks of HPAI in poultry establishments in the provinces of Ontario and Quebec, which were confirmed on 5 April 2023 and 18 April 2023, respectively. |
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(11) |
In addition, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to four outbreaks of HPAI in poultry establishments in the counties of Powys in Wales (3) and South Yorkshire in England (1), United Kingdom, which were confirmed between 13 April 2023 and 29 April 2023. |
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(12) |
Canada and the United Kingdom have also submitted information on the measures they have taken to prevent the further spread of HPAI. In particular, following those outbreaks of that disease, Canada and the United Kingdom have implemented a stamping out policy in order to control and limit the spread of that disease, and they have also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on their territories. |
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(13) |
The Commission has evaluated the information submitted by Canada and the United Kingdom. The Commission considers that Canada and the United Kingdom have 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 zones of those countries from which entry into the Union had been suspended should be reauthorised. |
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(14) |
Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended to take account of the current epidemiological situation as regards HPAI in Canada, Chile and the United Kingdom. |
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(15) |
In addition, Commission Implementing Regulation (EU) 2022/215 (4) amended Annex V and Annex XIV to Implementing Regulation (EU) 2021/404 by adding zone CA-2.1 to the entries for Canada in Annex V and in Annex XIV. As one error has been detected, the row for the zone CA-2 in Part 2 of Annex V should be corrected accordingly. |
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(16) |
Furthermore, entries in Part 1, Section A of Annex XV to Implementing Regulation (EU) 2021/404 have been frequently amended. For clarity reasons, this section in Annex XV should be replaced as a whole. |
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(17) |
Taking into account the current epidemiological situation in Canada, Chile and the United Kingdom as regards HPAI 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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(18) |
The correction for the entry for Canada in the row for the zone CA-2 in Part 2 of Annex V to Implementing Regulation (EU) 2021/404 should apply from the date of application of Implementing Regulation (EU) 2022/215. |
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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
Amendments to Implementing Regulation (EU) 2021/404
Annexes V XIV and XV 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
In Annex V, Part 2 in the entry for Canada, the row for the description of zone CA-2 is replaced by the following:
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‘Canada |
CA-2 |
Territory of Canada corresponding to:’; |
Article 3
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. However, Article 2 shall apply from 19 February 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 June 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) 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 (OJ L 37, 18.2.2022, p. 28).
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) |
in Annex XIV, in Part 1, Section B is amended as follows:
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(3) |
in Part 1 of Annex XV, Section A is replaced by the following: ‘ Section A: List of third countries, territories or zones thereof authorised for the entry into the Union of consignments of processed meat products which have undergone the non-specific risk-mitigating treatment A ((*)) or treatments B, C or D for meat products (in accordance with Annex XXVI to Delegated Regulation (EU) 2020/692) required for each species of origin of the meat
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((*)) “A” means that none of the risk-mitigating treatments B, C or D (in accordance with Annex XXVI to Delegated Regulation (EU) 2020/692) are required.
((**)) Only for those commodities with treatment “A” assigned.’