Key data
| Regulation | Commission Implementing Regulation (EU) 2026/1889 of 27 July 2026 |
|---|---|
| Publication | 28 July 2026 |
| Entry into force | 27 July 2026 |
| Affected parties | European importers of poultry, avian reproductive products and fresh poultry meat from the USA. |
| Category | Agriculture and Fisheries |
| Modified regulation | Commission Implementing Regulation (EU) 2021/404 — Annexes V and XIV |
| Reason for change | Update of the health status of USA zones regarding highly pathogenic avian influenza |
If you import poultry, avian reproductive products or fresh poultry meat from the United States, this regulation affects you directly from 27 July 2026. The Commission Implementing Regulation (EU) 2026/1889 modifies Annexes V and XIV of Regulation 2021/404 and updates which zones in the USA are authorized to export these products to the European Union.
The reason is health-related: highly pathogenic avian influenza remains active in certain zones in the USA, which requires the European Commission to periodically review which US territories meet the health guarantees required to access the European market. This review can both expand and restrict authorized zones.
What does this regulation establish?
Regulation 2021/404 is the general framework that regulates which third countries and specific zones within those countries can export live animals, reproductive products and fresh meat to the EU. Its Annexes V and XIV contain detailed lists of authorized zones by country.
Regulation 2026/1889 specifically modifies the entries corresponding to the United States in those two annexes, adjusting which zones remain enabled and which become restricted or suspended based on updated health status regarding highly pathogenic avian influenza.
| Element | Before (original Regulation 2021/404) | After (Regulation 2026/1889) |
|---|---|---|
| Modified annexes | Annexes V and XIV with previous USA zoning | Annexes V and XIV updated with new USA zoning |
| Zoning criterion | Previous health status regarding avian influenza | Health status updated to July 2026 |
| Affected products | Poultry, avian reproductive products, fresh poultry meat and game birds | Identical products, with new zones enabled or restricted |
| Country of origin affected | USA (among other third countries) | USA — specific modification of its entries |
Zoning is the key mechanism: instead of banning an entire country, the EU allows or restricts access product by product and zone by zone. This means that a supplier in an enabled zone can continue to export even if another zone in the same state or region is blocked.
Economic and operational impact
The most immediate impact is operational: any batch arriving at the European border from a USA zone that is no longer enabled will be rejected. This entails direct costs for return or destruction of goods, plus administrative penalties that may result from non-compliance.
The specific economic risks for importers are:
- Batch rejection at the border: the goods do not enter and must be returned or destroyed at the importer's expense.
- Administrative penalties: non-compliance with import conditions may result in enforcement proceedings.
- Supply chain disruption: if the usual supplier is in a now-restricted zone, the importer must urgently seek alternatives.
- Contract review: supply contracts that do not include health zoning clauses may generate commercial disputes.
- Invalid health certificates: export certificates issued by USA authorities must reflect the enabled zone of origin; if they do not, the batch does not pass controls.
Who does it affect?
- Spanish and European importers of live poultry from the USA.
- Importers of avian reproductive products (fertile eggs, semen, embryos) of US origin.
- Importers of fresh poultry meat and game birds from the USA.
- Logistics operators and customs agents who manage the clearance of these goods at the border.
- Distributors and wholesalers who have supply contracts with US poultry sector suppliers.
- Foreign trade advisors who manage the health documentation of their importer clients.
Practical example
A Spanish importer who has a quarterly supply contract with a US poultry producer for the import of fresh chicken meat receives a batch on 5 August 2026. Upon arrival at the border inspection post, EU veterinary services verify that the supplier's zone of origin has been included in the list of restricted zones by Regulation 2026/1889 — that is, it is no longer enabled as of 27 July.
Result: the batch is rejected at the border. The importer bears the costs of returning or destroying the goods, plus the risk of administrative penalty. Additionally, it must renegotiate with its supplier or find a new supplier located in a currently enabled zone, with the resulting impact on timelines and prices.
This scenario is avoidable if the importer verifies, before each shipment, that the zone of origin of its supplier appears in the updated Annexes V and XIV of Regulation 2021/404 as they stand after the July 2026 modification.
What should companies do now?
- Verify the updated supplier zoning: consult Annexes V and XIV of Regulation 2021/404 in its version modified by Regulation 2026/1889 to confirm that the zone of origin of the US supplier is enabled.
- Review export health certificates: ensure that certificates issued by US authorities for upcoming shipments correctly reflect the zone of origin and that this zone is on the list of authorized zones.
- Update supply contracts: include clauses that require the supplier to notify any change in its health zoning status and that provide for contract termination without penalty in case of restriction for health reasons.
- Alert the customs agent and logistics operator: communicate the regulatory change so they review the documentation before batches leave the USA, avoiding border rejections.
- Identify alternative suppliers: if the usual supplier is in a restricted zone, immediately begin searching for alternatives in enabled zones to ensure supply continuity.
- Monitor future updates: zoning can change with each new European Commission review. Establish an alert system for modifications to Regulation 2021/404 to avoid being caught off guard by future changes.
Frequently asked questions
How do I know if my USA supplier's zone is authorized after Regulation 2026/1889?
You must consult Annexes V and XIV of Commission Implementing Regulation (EU) 2021/404 in its updated consolidated version, which already incorporates the modifications of Regulation 2026/1889 published on 28 July 2026. The updated version is available on EUR-Lex. Each USA zone is listed with its status: authorized or restricted. If your supplier's zone does not appear as enabled, you cannot import from there.
What happens if my batch arrives at the border and the zone is no longer authorized?
The batch will be rejected at the EU border inspection post. The importer bears the costs of returning or destroying the goods. Additionally, non-compliance with import conditions may result in administrative penalties. This is why it is critical to verify zoning before the shipment leaves the USA.
When does Regulation 2026/1889 enter into force?
Commission Implementing Regulation (EU) 2026/1889 entered into force on 27 July 2026, the same day it was signed by the European Commission, with no adaptation period. It was published in the EU Official Journal on 28 July 2026. Any batch arriving at the border from that date onwards must comply with the new zoning.
What poultry products from the USA are affected by this regulation?
Regulation 2026/1889 affects three categories of products: live poultry, avian reproductive products (such as fertile eggs, semen or embryos), and fresh poultry meat and game birds. All of them are regulated in Annexes V and XIV of Regulation 2021/404, which are the ones being modified.
Why do authorized USA zones change so frequently?
The European Commission periodically updates authorized zones based on the health status of each territory regarding highly pathogenic avian influenza. When new outbreaks are detected in a zone, it becomes restricted. When the outbreak is certified as eliminated and surveillance periods are met, the zone can be re-enabled. It is a dynamic mechanism that requires importers to continuously monitor regulatory changes.
Official source
Consult full regulation in official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202601889