http://www.legislation.gov.uk/id/eur/2015/1220

Commission Implementing Regulation (EU) 2015/1220

of 24 July 2015

amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United States in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza following recent outbreaks in the States of Indiana and Nebraska

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption1, and in particular the introductory phrase of Article 8, the first subparagraph of point 1 of Article 8, point 4 of Article 8 and Article 9(4)(c) thereof,

Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs2, and in particular Articles 23(1), 24(2) and 25(2) thereof,

Whereas:

(1)

Commission Regulation (EC) No 798/20083 lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Union of poultry and poultry products (‘the commodities’). It provides that the commodities may only be imported into and transit through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.

(2)

Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to be considered as free from highly pathogenic avian influenza (HPAI).

(3)

The United States is listed in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of the commodities covered by that Regulation are authorised from certain parts of its territory depending on the presence of HPAI outbreaks. That regionalisation was recognised by Regulation (EC) No 798/2008, as amended by Implementing Regulations (EU) 2015/2434, (EU) 2015/3425, (EU) 2015/5266, (EU) 2015/7967 and lastly by (EU) 2015/11538 following outbreaks of HPAI in the States of Missouri, South Dakota and Wisconsin.

(4)

An Agreement between the Union and the United States9 provides for a swift mutual recognition of regionalisation measures in the event of outbreaks of a disease in the Union or in the United States (‘the Agreement’).

(5)

The United States has confirmed outbreaks of HPAI of subtype H5 in poultry flocks in two additional States, namely Indiana and Nebraska. Following those outbreaks, the veterinary authorities of the United States immediately suspended issuing veterinary certificates for consignments of poultry commodities intended for export to the Union from the entire territory of those two States. The United States has also implemented a stamping-out policy in order to control HPAI and limit its spread.

(6)

The United States has further submitted updated information on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of HPAI which has now been evaluated by the Commission. On the basis of that evaluation, as well as the commitments laid down in the Agreement and the guarantees provided by the United States, it is appropriate to modify the prohibition on the introduction into the Union of certain commodities to cover the entire States of Indiana and Nebraska and parts of Wisconsin and Missouri, which the veterinary authorities of the United States have placed under restrictions due to the current outbreaks.

(7)

In addition, the United States has reported the completion of cleaning and disinfection measures following the stamping-out of poultry on holdings in the State of Wisconsin where HPAI outbreaks were detected during April and May 2015. It is therefore appropriate to indicate the dates when the affected areas in that State that were placed under veterinary restrictions in relation to those outbreaks, may again be considered free of HPAI and imports into the Union of certain poultry commodities originating from those areas should be re-authorised.

(8)

The entry for the United States in the list in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended to take account of the current epidemiological situation in that third country.

(9)

Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

(10)

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

Part 1 of Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third 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, 24 July 2015.

For the Commission

The President

Jean-Claude Juncker

ANNEX

In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for the United States is replaced by the following:

ISO code and name of third country or territory
Code of third country, territory, zone or compartment
Description of third country, territory, zone or compartment
Veterinary certificate
Specific conditions
Specific conditions
Avian influenza surveillance status
Avian influenza vaccination status
Salmonella control status
Model(s)
Additional guarantees
Closing date (¹)
Opening date (²)
1
2
3
4
5
6
6A
6B
7
8
9
‘US — United States
US-0
Whole country
SPF
EP, E
S4
US-1
Area of the United States, excluding the territory US-2
BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA
N
A
S3, ST1’
WGM
VIII
POU, RAT
N
US-2
Area of the United States corresponding to:
US-2.1
State of Washington:
Benton County
Franklin County
WGM
VIII
P2
19.12.2014
7.4.2015
POU, RAT
N
P2
US-2.2
State of Washington:
Clallam County
WGM
VIII
P2
19.12.2014
11.5.2015
POU, RAT
N
P2
US-2.3
State of Washington:
Okanogan County (1):
(a)
North: Beginning at the intersection of US 97 WA 20 and S. Janis Road, turn right onto S. Janis Road. Turn left onto McLaughlin Canyon Road, then right onto Hardy Road, then turn left onto Chewilken Valley Road.
(b)
East: From Chewilken Valley Road, turn right onto JH Green Road, then left onto Hosheit Road, then left onto Tedrow Trail Road, then left onto Brown Pass Road to the boundary line of the Colville Tribe. Follow the Colville Tribe boundary west and then south until it crosses US 97 WA 20.
(c)
South: Turn right onto US 97 WA 20, then left onto Cherokee Road, then right onto Robinson Canyon Road. Turn left onto Bide A Wee Road, then left onto Duck Lake Road, then right onto Soren Peterson Road, then left onto Johnson Creek Road, then right onto George Road. Turn left onto Wetherstone Road, then right onto Eplay Road.
(d)
West: From Eplay Road, turn right onto Conconully Road/6th Avenue N., then left onto Green Lake Road, then right onto Salmon Creek Road, then right onto Happy Hill Road, then left onto Conconully Road (turns into Main Street). Turn right onto Broadway, then left onto C Street, then right onto Lake Street E, then right onto Sinlahekin Road, then right onto S. Fish Lake Road, then right onto Fish Lake Road. Turn left onto N. Pine Creek Road, then right onto Henry Road (turns into N. Pine Creek Road), then right onto Indian Springs Road, then right onto Hwy 7, ending at US 97 WA 20.
WGM
VIII
P2
29.1.2015
16.6.2015
POU, RAT
N
P2
US-2.4
State of Washington:
Okanogan County (2):
(a)
North: Beginning where US Hwy 97 intersects with the Canadian border, continue East along the Canadian border, then turn right onto 9 Mile Road (County Hwy 4777).
(b)
East: From 9 Mile Road, turn right onto Old Hwy 4777, which turns South onto Molson Road. Turn right onto Chesaw Road, then left onto Forest Service 3525, then left onto Forest Development Road 350, which turns into Forest Development Road 3625. From there, head due west and turn left onto Forest Service 3525, then right onto Rone Road, then right onto Box Spring Road, then left onto Mosquito Creek Road, and then right onto Swanson Mill Road.
(c)
South: From Swanson Mill Road, turn left onto O'Neil Road, then merge south onto US 97. Turn right onto Ellis Forde Bridge Road, then left onto Janis Oroville (SR 7), then right onto Loomis Oroville Road, then right onto Wannacut Lake Road, then left onto Ellemeham Mountain Road, then left onto Earth Dam Road, then left onto an unnamed road, then right onto an unnamed road, then right onto another unnamed road, then left onto an unnamed road, and then left onto another unnamed road.
(d)
West: From the unnamed road, turn right onto Loomis Oroville Road, then left onto Smilkameen Road to the Canadian Border.
WGM
VIII
P2
3.2.2015
6.5.2015
POU, RAT
N
P2
US-2.5
State of Oregon:
Douglas County
WGM
VIII
P2
19.12.2014
23.3.2015
POU, RAT
N
P2
US-2.6
State of Oregon:
Deschutes County
WG
VIII
P2
14.2.2015
19.5.2015
POU, RAT
N
P2
US-2.7
State of Oregon:
Malheur County
WGM
VIII
P2
20.1.2015
11.5.2015
POU, RAT
N
P2
State of Idaho:
Canyon County
Payette County
WGM
VIII
P2
POU, RAT
N
P2
US-2.8.
State of California:
Stanislaus County/Tuolumne County:
A zone of a 10 km radius starting with N point on the circular Control Zone border and extending in a clockwise fashion:
(a)
North: 2,5 miles east from intersection between State Hwy. 108 and Williams Road.
(b)
North-east: 1,4 miles south-east from intersection between Rock River Dr. and Tulloch Road.
(c)
East: 2,0 miles north-west from intersection between Milpitas Road and Las Cruces Road.
(d)
South-east: 1,58 miles east of the north end of Rushing Road.
(e)
South: 0,70 miles south of intersection between State Highway 132 and Crabtree Road.
(f)
South-west: 0,8 miles south-east of intersection between Hazel Dean Road and Loneoak Road.
(g)
West: 2,5 miles south-west of intersection between Warnerville Road and Tim Bell Road.
(h)
Northwest: 1,0 mile southeast of intersection between CA-120 and Tim Bell Road.
WGM
VIII
P2
23.1.2015
POU, RAT
N
P2
US-2.9
State of California:
Kings County:
A zone of a 10 km radius starting with N point on the circular Control Zone border and extending in a clockwise fashion:
(a)
North: 0,58 miles north of Kansas Avenue
(b)
North-east: 0,83 miles east from CA-43.
(c)
East: 0,04 miles east from 5^th Avenue
(d)
South-east: 0,1 miles east of intersection between Paris Avenue and 7^th Avenue
(e)
South: 1,23 miles north of Redding Avenue
(f)
South-west: 0,6 miles west of intersection of Paris Avenue and 15^th Avenue
(g)
West: 1,21 miles east of 19^th Avenue
(h)
North-west: 0,3 miles north of intersection of Laurel Avenue and 16^th Avenue
WGM
VIII
P2
12.2.2015
POU, RAT
N
P2
US-2.10
State of Minnesota
WGM
VIII
P2
5.3.2015
POU, RAT
N
P2
US-2.11.1
State of Missouri:
Jasper County
Barton County
WGM
VIII
P2
8.3.2015
18.6.2015
POU, RAT
N
P2
US-2.11.2
State of Missouri:
Moniteau County
Morgan County
WGM
VIII
P2
10.3.2015
11.6.2015
POU, RAT
N
P2
US-2.11.3
State of Missouri:
Lewis County
WGM
VIII
P2
5.5.2015
POU, RAT
N
P2
US-2.13
State of Arkansas:
Boone County
Marion County
WGM
VIII
P2
11.3.2015
POU, RAT
N
P2
US-2.14
State of Kansas:
Leavenworth County
Wyandotte County
WGM
VIII
P2
13.3.2015
12.6.2015
POU, RAT
N
P2
US-2.15
State of Kansas:
Cherokee County
Crawford County
WGM
P2
9.3.2015
18.6.2015
POU, RAT
N
P2
US-2.16
State of Montana:
Judith Basin County
Fergus County
WGM
VIII
P2
2.4.2015
POU, RAT
N
P2
US-2.17
State of North Dakota
WGM
VIII
P2
11.4.2015
POU, RAT
N
P2
US-2.18
State of South Dakota
WGM
VIII
P2
1.4.2015
POU, RAT
N
P2
US-2.19.1
State of Wisconsin:
Barron County
WGM
VIII
P2
16.4.2015
18.8.2015
POU, RAT
N
P2
US-2.19.2
State of Wisconsin:
Jefferson County
WGM
VIII
P2
11.4.2015
17.8.2015
POU, RAT
N
P2
US-2.19.3
State of Wisconsin:
Chippewa County
WGM
VIII
P2
23.4.2015
29.7.2015
POU, RAT
N
P2
US-2.19.4
State of Wisconsin:
Juneau County
WGM
VIII
P2
17.4.2015
6.8.2015
POU, RAT
N
P2
US-2.20
State of Iowa
WGM
VIII
P2
14.4.2015
POU, RAT
N
P2
US-2.21
State of Indiana
WGM
VIII
P2
10.5.2015
POU, RAT
N
P2
US-2.22
State of Nebraska
WGM
VIII
P2
11.5.2015
POU, RAT
N
P2

ISO code and name of third country or territory	Code of third country, territory, zone or compartment	Description of third country, territory, zone or compartment	Veterinary certificate		Specific conditions	Specific conditions		Avian influenza surveillance status	Avian influenza vaccination status	Salmonella control status
ISO code and name of third country or territory	Code of third country, territory, zone or compartment		Model(s)	Additional guarantees	Specific conditions	Closing date (¹)	Opening date (²)	Avian influenza surveillance status	Avian influenza vaccination status	Salmonella control status
1	2	3	4	5	6	6A	6B	7	8	9
‘US — United States	US-0	Whole country	SPF
	US-0	Whole country	EP, E							S4
	US-1	Area of the United States, excluding the territory US-2	BPP, BPR, DOC, DOR, HEP, HER, SRP, SRA		N			A		S3, ST1’
			WGM	VIII
			POU, RAT		N
	US-2	Area of the United States corresponding to:
	US-2.1	State of Washington: Benton County Franklin County	WGM	VIII	P2	19.12.2014	7.4.2015
	US-2.1	State of Washington: Benton County Franklin County	POU, RAT		N P2	19.12.2014	7.4.2015
	US-2.2	State of Washington: Clallam County	WGM	VIII	P2	19.12.2014	11.5.2015
	US-2.2	State of Washington: Clallam County	POU, RAT		N P2	19.12.2014	11.5.2015
	US-2.3	State of Washington: Okanogan County (1): (a) North: Beginning at the intersection of US 97 WA 20 and S. Janis Road, turn right onto S. Janis Road. Turn left onto McLaughlin Canyon Road, then right onto Hardy Road, then turn left onto Chewilken Valley Road. (b) East: From Chewilken Valley Road, turn right onto JH Green Road, then left onto Hosheit Road, then left onto Tedrow Trail Road, then left onto Brown Pass Road to the boundary line of the Colville Tribe. Follow the Colville Tribe boundary west and then south until it crosses US 97 WA 20. (c) South: Turn right onto US 97 WA 20, then left onto Cherokee Road, then right onto Robinson Canyon Road. Turn left onto Bide A Wee Road, then left onto Duck Lake Road, then right onto Soren Peterson Road, then left onto Johnson Creek Road, then right onto George Road. Turn left onto Wetherstone Road, then right onto Eplay Road. (d) West: From Eplay Road, turn right onto Conconully Road/6th Avenue N., then left onto Green Lake Road, then right onto Salmon Creek Road, then right onto Happy Hill Road, then left onto Conconully Road (turns into Main Street). Turn right onto Broadway, then left onto C Street, then right onto Lake Street E, then right onto Sinlahekin Road, then right onto S. Fish Lake Road, then right onto Fish Lake Road. Turn left onto N. Pine Creek Road, then right onto Henry Road (turns into N. Pine Creek Road), then right onto Indian Springs Road, then right onto Hwy 7, ending at US 97 WA 20.	WGM	VIII	P2	29.1.2015	16.6.2015
			POU, RAT		N P2	29.1.2015	16.6.2015
	US-2.4	State of Washington: Okanogan County (2): (a) North: Beginning where US Hwy 97 intersects with the Canadian border, continue East along the Canadian border, then turn right onto 9 Mile Road (County Hwy 4777). (b) East: From 9 Mile Road, turn right onto Old Hwy 4777, which turns South onto Molson Road. Turn right onto Chesaw Road, then left onto Forest Service 3525, then left onto Forest Development Road 350, which turns into Forest Development Road 3625. From there, head due west and turn left onto Forest Service 3525, then right onto Rone Road, then right onto Box Spring Road, then left onto Mosquito Creek Road, and then right onto Swanson Mill Road. (c) South: From Swanson Mill Road, turn left onto O'Neil Road, then merge south onto US 97. Turn right onto Ellis Forde Bridge Road, then left onto Janis Oroville (SR 7), then right onto Loomis Oroville Road, then right onto Wannacut Lake Road, then left onto Ellemeham Mountain Road, then left onto Earth Dam Road, then left onto an unnamed road, then right onto an unnamed road, then right onto another unnamed road, then left onto an unnamed road, and then left onto another unnamed road. (d) West: From the unnamed road, turn right onto Loomis Oroville Road, then left onto Smilkameen Road to the Canadian Border.	WGM	VIII	P2	3.2.2015	6.5.2015
			POU, RAT		N P2	3.2.2015	6.5.2015
	US-2.5	State of Oregon: Douglas County	WGM	VIII	P2	19.12.2014	23.3.2015
	US-2.5	State of Oregon: Douglas County	POU, RAT		N P2	19.12.2014	23.3.2015
	US-2.6	State of Oregon: Deschutes County	WG	VIII	P2	14.2.2015	19.5.2015
	US-2.6	State of Oregon: Deschutes County	POU, RAT		N P2	14.2.2015	19.5.2015
	US-2.7	State of Oregon: Malheur County	WGM	VIII	P2	20.1.2015	11.5.2015
		State of Oregon: Malheur County	POU, RAT		N P2
		State of Idaho: Canyon County Payette County	WGM	VIII	P2
		State of Idaho: Canyon County Payette County	POU, RAT		N P2
	US-2.8.	State of California: Stanislaus County/Tuolumne County: A zone of a 10 km radius starting with N point on the circular Control Zone border and extending in a clockwise fashion: (a) North: 2,5 miles east from intersection between State Hwy. 108 and Williams Road. (b) North-east: 1,4 miles south-east from intersection between Rock River Dr. and Tulloch Road. (c) East: 2,0 miles north-west from intersection between Milpitas Road and Las Cruces Road. (d) South-east: 1,58 miles east of the north end of Rushing Road. (e) South: 0,70 miles south of intersection between State Highway 132 and Crabtree Road. (f) South-west: 0,8 miles south-east of intersection between Hazel Dean Road and Loneoak Road. (g) West: 2,5 miles south-west of intersection between Warnerville Road and Tim Bell Road. (h) Northwest: 1,0 mile southeast of intersection between CA-120 and Tim Bell Road.	WGM	VIII	P2	23.1.2015
			POU, RAT		N P2	23.1.2015
	US-2.9	State of California: Kings County: A zone of a 10 km radius starting with N point on the circular Control Zone border and extending in a clockwise fashion: (a) North: 0,58 miles north of Kansas Avenue (b) North-east: 0,83 miles east from CA-43. (c) East: 0,04 miles east from 5^th Avenue (d) South-east: 0,1 miles east of intersection between Paris Avenue and 7^th Avenue (e) South: 1,23 miles north of Redding Avenue (f) South-west: 0,6 miles west of intersection of Paris Avenue and 15^th Avenue (g) West: 1,21 miles east of 19^th Avenue (h) North-west: 0,3 miles north of intersection of Laurel Avenue and 16^th Avenue	WGM	VIII	P2	12.2.2015
			POU, RAT		N P2	12.2.2015
	US-2.10	State of Minnesota	WGM	VIII	P2	5.3.2015
	US-2.10	State of Minnesota	POU, RAT		N P2	5.3.2015
	US-2.11.1	State of Missouri: Jasper County Barton County	WGM	VIII	P2	8.3.2015	18.6.2015
	US-2.11.1	State of Missouri: Jasper County Barton County	POU, RAT		N P2	8.3.2015	18.6.2015
	US-2.11.2	State of Missouri: Moniteau County Morgan County	WGM	VIII	P2	10.3.2015	11.6.2015
	US-2.11.2	State of Missouri: Moniteau County Morgan County	POU, RAT		N P2	10.3.2015	11.6.2015
	US-2.11.3	State of Missouri: Lewis County	WGM	VIII	P2	5.5.2015
	US-2.11.3	State of Missouri: Lewis County	POU, RAT		N P2	5.5.2015
	US-2.13	State of Arkansas: Boone County Marion County	WGM	VIII	P2	11.3.2015
	US-2.13	State of Arkansas: Boone County Marion County	POU, RAT		N P2	11.3.2015
	US-2.14	State of Kansas: Leavenworth County Wyandotte County	WGM	VIII	P2	13.3.2015	12.6.2015
	US-2.14	State of Kansas: Leavenworth County Wyandotte County	POU, RAT		N P2	13.3.2015	12.6.2015
	US-2.15	State of Kansas: Cherokee County Crawford County	WGM		P2	9.3.2015	18.6.2015
	US-2.15	State of Kansas: Cherokee County Crawford County	POU, RAT		N P2	9.3.2015	18.6.2015
	US-2.16	State of Montana: Judith Basin County Fergus County	WGM	VIII	P2	2.4.2015
	US-2.16	State of Montana: Judith Basin County Fergus County	POU, RAT		N P2	2.4.2015
	US-2.17	State of North Dakota	WGM	VIII	P2	11.4.2015
	US-2.17	State of North Dakota	POU, RAT		N P2	11.4.2015
	US-2.18	State of South Dakota	WGM	VIII	P2	1.4.2015
	US-2.18	State of South Dakota	POU, RAT		N P2	1.4.2015
	US-2.19.1	State of Wisconsin: Barron County	WGM	VIII	P2	16.4.2015	18.8.2015
	US-2.19.1	State of Wisconsin: Barron County	POU, RAT		N P2	16.4.2015	18.8.2015
	US-2.19.2	State of Wisconsin: Jefferson County	WGM	VIII	P2	11.4.2015	17.8.2015
	US-2.19.2	State of Wisconsin: Jefferson County	POU, RAT		N P2	11.4.2015	17.8.2015
	US-2.19.3	State of Wisconsin: Chippewa County	WGM	VIII	P2	23.4.2015	29.7.2015
	US-2.19.3	State of Wisconsin: Chippewa County	POU, RAT		N P2	23.4.2015	29.7.2015
	US-2.19.4	State of Wisconsin: Juneau County	WGM	VIII	P2	17.4.2015	6.8.2015
	US-2.19.4	State of Wisconsin: Juneau County	POU, RAT		N P2	17.4.2015	6.8.2015
	US-2.20	State of Iowa	WGM	VIII	P2	14.4.2015
	US-2.20	State of Iowa	POU, RAT		N P2	14.4.2015
	US-2.21	State of Indiana	WGM	VIII	P2	10.5.2015
	US-2.21	State of Indiana	POU, RAT		N P2	10.5.2015
	US-2.22	State of Nebraska	WGM	VIII	P2	11.5.2015
	US-2.22	State of Nebraska	POU, RAT		N P2	11.5.2015