Commission Implementing Regulation (EU) 2020/885Show full title

Commission Implementing Regulation (EU) 2020/885

of 26 June 2020

as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/2031(1) of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC, and in particular Article 30(1) thereof,

Whereas:

(1) In 2011, Italy informed the Commission that a new aggressive strain of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (‘the specified pest’), the causal agent of kiwi canker, was present in its territory and that it had adopted official measures to prevent the further introduction and spread within its territory of the specified pest. The available information also showed that this aggressive strain of the specified pest was present in a third country that exports the propagating material of kiwi plants, including pollen, to the Union. That information remains relevant today to the Union territory.

(2) For this reason, the Commission adopted Implementing Decision 2012/756/EU(2).

(3) Implementing Decision 2012/756/EU was replaced by Implementing Decision (EU) 2017/198(3), which expired on 31 March 2020.

(4) The specified pest is not listed as a Union quarantine pest in Annex II, protected zone quarantine pest in Annex III or regulated non-quarantine pest in Annex IV to Commission Implementing Regulation (EU) 2019/2072(4).

(5) The reasons for the adoption of Implementing Decision (EU) 2017/198, including the respective preliminary pest risk analysis of the Commission, remain valid. Due to the ongoing phytosanitary risk posed by the specified pest, measures should be adopted concerning the introduction into the Union of live pollen and plants intended for planting, other than seeds, of Actinidia Lindl. (‘the specified plants’) from third countries. Measures should also be provided for the movement within the Union of those plants that originate in the Union. Those measures should be the same as the measures set out in Implementing Decision (EU) 2017/198, as they have proven effective to protect the Union territory from the specified pest.

(6) In order to ensure an increased level of protection of the Union territory from the specified pest, specified plants introduced into the Union should be rigorously inspected and, where appropriate, tested for the presence of the specified pest at the border control post or at destination control point established in accordance with Commission Delegated Regulation (EU) 2019/2123(5).

(7) Implementing Decision (EU) 2017/198 should be repealed and replaced by this Regulation. This is necessary in order to take into account the provisions of Regulation (EU) 2016/2031 and Implementing Regulation (EU) 2019/2072, which apply since 14 December 2019.

(8) This Regulation should apply as soon as possible in order to replace Implementing Decision (EU) 2017/198, which expired on 31 March 2020. It should enter into force on the third day following that of its publication in the Official Journal of the European Union.

(9) Member States should, where applicable, adapt their legislation in order to comply with this Regulation.

(10) This Regulation should apply until 31 December 2021 to allow time to monitor the evolution of the situation and determine the phytosanitary status of the specified pest in respect of the Union territory.

(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:

(1)

OJ L 317, 23.11.2016, p. 4.

(2)

Commission Implementing Decision 2012/756/EU of 5 December 2012 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (OJ L 335, 7.12.2012, p. 49).

(3)

Commission Implementing Decision (EU) 2017/198 of 2 February 2017 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (OJ L 31, 4.2.2017, p. 29).

(4)

Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (OJ L 319, 10.12.2019, p. 1).

(5)

Commission Delegated Regulation (EU) 2019/2123 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts (OJ L 321, 12.12.2019, p. 64).