Inserted by Commission Implementing Regulation (EU) 2020/1362 of 30 September 2020 amending Implementing Regulation (EU) 2020/1213 concerning the phytosanitary measures for the introduction into the Union of certain plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, originating in New Zealand.

http://www.legislation.gov.uk/eur/2020/1213Commission Implementing Regulation (EU) 2020/1213 of 21 August 2020 concerning the phytosanitary measures for the introduction into the Union of certain plants, plant products and other objects which have been removed from the Annex to Implementing Regulation (EU) 2018/2019Commission Implementing Regulation (EU) 2020/1213Commission Implementing Regulation (EU) 2020/1213 of 21 August 2020 concerning the phytosanitary measures for the introduction into the Union of certain plants, plant products and other objects which have been removed from the Annex to Implementing Regulation (EU) 2018/20192020-12-12King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02020R1213-20201004texttext/xmlen2020-10-04

Commission Implementing Regulation (EU) 2020/1213

of 21 August 2020

concerning the phytosanitary measures for the introduction into the Union of certain plants, plant products and other objects which have been removed from the Annex to Implementing Regulation (EU) 2018/2019

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/2031 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

OJ L 317, 23.11.2016, p. 4.

, and in particular the third subparagraph of Article 42(4) thereof,

Whereas:

(1)

Commission Implementing Regulation (EU) 2018/2019

Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2031 and a list of plants for which phytosanitary certificates are not required for introduction into the Union, within the meaning of Article 73 of that Regulation (OJ L 323, 19.12.2018, p. 10).

establishes, on the basis of a preliminary risk assessment, a list of high risk plants, plant products and other objects.

(2)

According to Regulation (EU) 2016/2031, if it is concluded, on the basis of a risk assessment, that a plant, plant product or other object originating in a third country, group of third countries or specific area of the third country concerned poses an unacceptable risk, but that that risk can be reduced to an acceptable level by applying certain measures, the Commission is to remove that plant, plant product or other object from the list of Regulation (EU) 2018/2019 and add it to the list referred to in Article 41(2) of Regulation (EU) 2016/2031.

(3)

The Annex to Implementing Regulation (EU) 2018/2019 includes the genera Albizia Durazz. and Robinia L. as high risk plants.

(4)

On 24 January 2019, Israel submitted to the Commission a request for export to the Union of bare rooted, dormant grafted plants for planting, with a maximum diameter of 2,5 cm belonging to the species Albizia julibrissin Durazzini and of bare rooted, dormant grafted plants for planting, with a maximum diameter of 2,5 cm belonging to the species Robinia pseudoacacia L. (the ‘specified plants’). That request was supported by the respective technical dossiers.

(5)

On 13 January 2020, the European Food Safety Authority (‘the Authority’) published a scientific opinion regarding the commodity risk assessment of Albizia julibrissin plants from Israel

EFSA PLH Panel (EFSA Panel on Plant Health), 2020. Scientific Opinion on the commodity risk assessment of Albizia julibrissin plants from Israel. EFSA Journal 2020;18(1):5941. https://doi.org/10.2903/j.efsa.2020.5941

. The Authority identified Aonidiella orientalis, a species complex including Euwallacea fornicatus sensu stricto, Euwallacea fornicatior, Euwallacea whitforiodendrus and Euwallacea kuroshio (‘Euwallacea fornicatus sensu lato’) and Fusarium euwallaceae (‘the specified pests’) as pests relevant for those plants, evaluated the risk mitigation measures described in the dossier for those pests and estimated the likelihood of pest freedom for each pest related to that commodity.

(6)

On 2 March 2020, the Authority published a scientific opinion regarding the commodity risk assessment of Robinia pseudoacacia plants from Israel

EFSA PLH Panel (EFSA Panel on Plant Health), 2020. Scientific Opinion on the commodity risk assessment of Robinia pseudoacacia plants from Israel. EFSA Journal 2020;18(3):6039. https://doi.org/10.2903/j.efsa.2020.6039

. It identified Euwallacea fornicatus sensu lato and Fusarium euwallaceae as pests relevant to those plants, evaluated the risk mitigation measures described in the dossier for those pests and estimated the likelihood of pest freedom for each pest related to that commodity.

(7)

Following those opinions, Commission Implementing Regulation (EU) 2020/1214

Commission Implementing Regulation (EU) 2020/1214 of 21 August 2020 amending Implementing Regulation (EU) 2018/2019 as regards wood of Ulmus L. and certain plants for planting of Albizia julibrissin Durazzini and Robinia pseudoacacia L. originating in Israel (see page 12 of this Official Journal).

removed the specified plants from the list of high risk plants of Implementing Regulation (EU) 2018/2019.

(8)

Moreover, and on the basis of those opinions, the phytosanitary risk from introduction into the Union of the specified plants is considered to be reduced to an acceptable level by applying measures to address the risk of the specified pests. Such measures should therefore be adopted to ensure the phytosanitary protection of the Union territory from the introduction of the specified plants into the Union.

(9)

Euwallacea fornicatus belongs to the family of Scolytidae (non-European), which is listed in Annex II to Commission Implementing Regulation (EU) 2019/2072

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 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).

as a group of Union quarantine pests. A pest risk assessment carried out by Spain

Pest Risk Analysis for the Ambrosia Beetle Euwallacea sp. including all the species within the genus Euwallacea that are morphologically similar to E.fornicatus. Ministerio de Agricultura Alimentacion y Medio Ambiante. Spain„ November 2015. https://pra.eppo.int/getfile/1517056f-e553-4617-aaee-13d180cb5bc3

 and a report

Report of a Pest Risk Analysis for Euwallacea fornicatus sensu lato and Fusarium euwallaceae (EPPO, 2017). https://pra.eppo.int/getfile/ef7ea29b-e0ea-456f-a4a5-04c2a119a807

 published by the European and Mediterranean Plant Protection Organisation (‘EPPO’) are available for Euwallacea fornicatus sensu lato, in which mitigation measures are suggested. The measures described by Israel in the dossier should be complemented by the measures suggested in that pest risk assessment and the respective report. The adopted measures are subject to review in the light of additional scientific and technical information.

(10)

Aonidiella orientalis and Fusarium euwallaceae are not yet included in the list of Union quarantine pests of Commission Implementing Regulation (EU) 2019/2072, but they may fulfil the conditions to be included following a further complete risk assessment. Therefore, the measures for those two pests are based on those described by Israel in the dossier. Where it is established that those pests fulfil those conditions, they will be included in the list of Annex II to Implementing Regulation (EU) 2019/2072, and the relevant plants will be listed in Annex VII to that Regulation, together with the respective measures, when a complete risk assessment on those pests becomes available and justifies those inclusions. This Regulation should be then reviewed accordingly.

(11)

In order to comply with the Union obligations deriving from the World Trade Organization agreement on the application of sanitary and phytosanitary measures, the import of those commodities should resume within the shortest possible delay. Therefore, this Regulation should enter into force the third day following that of its publication.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1Subject matter

This Regulation sets out phytosanitary measures for the introduction from third countries into the Union of plants, plant products and other objects, which have been removed from the Annex to Implementing Regulation (EU) 2018/2019.

Article 2Measures for introduction into the Union of certain plants, plant products and other objects, originating from third countries

The plants, plant products and other objects, originating from the respective third countries of origin, as listed in the Annex, may only be introduced into the Union territory if they comply with the corresponding measures set out therein.

Article 3Entry into force

This Regulation shall enter into force 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.

ANNEXList of plants, plant products and other objects, originating from third countries, and the corresponding measures for their introduction into the Union territory, as referred to in Article 2

Plants, plant products or other objects

CN Code

Third countries of origin

Measures

1.

Bare rooted, dormant grafted plants for planting with a maximum diameter of 2,5 cm of Albizia julibrissin Durazzini;

ex 0602 90 41

ex 0602 90 45

ex 0602 90 46

ex 0602 90 48

Israel

(a)

Official statement that:

(i)

The plants are free from Euwallacea fornicatus sensu lato and Fusarium euwallaceae.

(ii)

the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation of the country of origin. That registration has included the respective production sites within the place of production.

(iii)

The plants fulfil one of the following requirements:

1.

The plants have a diameter of less than 2 cm at the base of the stem,

or,

2.

The plants have been grown in a site with complete physical protection against the introduction of Euwallacea fornicatus sensu lato at least during six months prior to export, which is subject to official inspections at appropriate times and has been found free from the pest, confirmed at least with traps which are checked at least every four weeks, including immediately prior to movement,

or,

3.

The plants have been grown in a site of production which has been found free from Euwallacea fornicatus sensu lato and Fusarium euwallaceae since the beginning of the last complete cycle of vegetation, confirmed for Euwallacea fornicatus sensu lato, at least with traps, during official inspections carried out at least every four weeks; in case of suspicion of the presence of either of the two pests at the site of production, appropriate treatments against the pests have been carried out to ensure the absence of the pests; a surrounding zone of 1 km is established, which is monitored at appropriate times for Euwallacea fornicatus sensu lato and Fusarium euwallaceae and where either of the two pests are found on any host plants, those plants should be immediately rogued out and destroyed.

(iv)

Immediately prior to export, consignments of plants with a diameter of 2 cm or wider at the base of the stem have been subjected to an official inspection for the presence of the pest, in particular in stems and branches of the plants, including destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.

(b)

The phytosanitary certificates for those plants include, under the heading ‘Additional Declaration’:

(i)

The following statement: ‘The consignment complies with the provisions of Commission Implementing Regulation (EU) 2020/1213’.

(ii)

The specification of:

which requirement of point (a) (iii) above in this entry has been fulfilled, and

the registered production site(s).

2.

Bare rooted, dormant grafted plants for planting with a maximum diameter of 2,5 cm of Albizia julibrissin Durazzini;

ex 0602 90 41

ex 0602 90 45

ex 0602 90 46

ex 0602 90 48

Israel

(a)

Official statement that:

(i)

The plants are free from Aonidiella orientalis,

(ii)

The plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation of the country of origin. That registration has included the respective productions sites within the place of production. That place of production has also fulfilled one of the following requirements:

1.

The plants have been grown in a site with complete physical protection against the introduction of Aonidiella orientalis at least during six months prior to export, which is subject to official inspections every three weeks and found free from the pest, including immediately prior to movement,

or

2.

The site of production has been found free from Aonidiella orientalis since the beginning of the last complete cycle of vegetation during official inspections carried out every three weeks; in case of suspicion of the presence of the pest at the site of production, appropriate treatments against the pest have been carried out to ensure the absence of the pest; a surrounding zone of 100m is established, which is monitored at appropriate times for Aonidiella orientalis, and where the pest is found on any plant, those plants should be immediately rogued out and destroyed.

(iii)

Immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Aonidiella orientalis, in particular in stems and branches of the plants. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %;

(b)

The phytosanitary certificates for those plants include under the heading ‘Additional Declaration’:

(i)

The following statement: ‘The consignment complies with the provisions of Commission Implementing Regulation (EU) 2020/1213’.

(ii)

The specification of:

which requirement of point (a) (ii) above in this entry has been fulfilled, and

the registered production site(s).

3.

Bare rooted, dormant grafted plants for planting with a maximum diameter of 2,5 cm of Robinia pseudoacacia L.;

ex 0602 90 41

ex 0602 90 45

ex 0602 90 46

ex 0602 90 48

Israel

(a)

Official statement that:

(i)

The plants are free from Euwallacea fornicatus sensu lato and Fusarium euwallaceae.

(ii)

The plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation of the country of origin. That registration has included the respective productions sites within the place of production

(iii)

The plants fulfil one of the following requirements:

1.

The plants have a diameter of less than 2 cm at the base of the stem,

or,

2.

The plants have been grown in a site with complete physical protection against the introduction of Euwallacea fornicatus sensu lato at least during six months prior to export, which is subject to official inspections at appropriate times and has been found free from the pest, confirmed at least with traps which are checked at least every four weeks, including immediately prior to movement,

or,

3.

The plants have been grown in a site of production which has been found free from Euwallacea fornicatus sensu lato and Fusarium euwallaceae since the beginning of the last complete cycle of vegetation, confirmed for Euwallacea fornicatus sensu lato, at least with traps, during official inspections carried out at least every four weeks; in case of suspicion of the presence of either of the two pests at the site of production, appropriate treatments against the pests have been carried out to ensure the absence of the pests; a surrounding zone of 1 km is established, which is monitored at appropriate times for Euwallacea fornicatus sensu lato and Fusarium euwallaceae and where either of the two pests are found on any host plants, those plants should be immediately rogued out and destroyed.

(iv)

Immediately prior to export, consignments of plants with a diameter of 2 cm or wider at the base of the stem have been subjected to an official inspection for the presence of the pest, in particular in stems and branches of the plants, including destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.

(b)

The phytosanitary certificates for those plants include, under the heading ‘Additional Declaration’:

(i)

The following statement: ‘The consignment complies with the provisions of Commission Implementing Regulation (EU) 2020/1213’.

(ii)

The specification of:

which requirement of point (a) (iii) above in this entry has been fulfilled, and

the registered production site(s).

4.

Bare rooted, dormant, free of leaves, grafted or budded, one- to three- year old plants for planting of Acer japonicum Thunberg , Acer palmatum Thunberg and Acer shirasawanum Koidzumi

ex 0602 90 41

ex 0602 90 45

ex 0602 90 46

ex 0602 90 48

ex 0602 90 50

New Zealand

(a)

Official statement that:

(i)

the plants are free from Eotetranychus sexmaculatus;

(ii)

the plants have been grown throughout their life in a place of production, which, together with the sites of production that form part of it, is registered and supervised by the national plant protection organisation of the country of origin

(iii)

the site of production has been found free from Eotetranychus sexmaculatus during official inspections carried out at appropriate times, since the beginning of the complete production cycle; in case of suspicion of the presence of Eotetranychus sexmaculatus at the site of production, appropriate treatments have been carried out to ensure the absence of the pest; a surrounding zone of 100 m has been established, which is subject to specific surveys at appropriate times to detect Eotetranychus sexmaculatus and where the pest has been found on any host plants, those plants have been rogued out and destroyed immediately;

(iv)

a system has been put in place to ensure that tools and machinery have been cleaned to be free from soil and plant debris and disinfected to be free from the Eotetranychus sexmaculatus , before they have been introduced into each site of production;

(v)

at harvest, the plants have been cleaned and trimmed and the plants have undergone an official phytosanitary inspection, consisting at least of a detailed visual examination, in particular of stems and branches of the plants to confirm the absence of the Eotetranychus sexmaculatus ;

(vi)

immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Eotetranychus sexmaculatus , in particular of stems and branches of the plants, and the size of the sample for inspection has been such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %;

(b)

The phytosanitary certificates for those plants include under the heading ‘ Additional Declaration ’ :

(i)

the following statement: ‘ The consignment complies with Commission Implementing Regulation (EU) 2020/1362 ’ ;

(ii)

the specification of the registered sites of production.

5.

Bare rooted, dormant, free of leaves, grafted or budded one- to three- year old plants for planting of Acer japonicum Thunberg , Acer palmatum Thunberg and Acer shirasawanum Koidzumi

ex 0602 90 41

ex 0602 90 45

ex 0602 90 46

ex 0602 90 48

ex 0602 90 50

New Zealand

(a)

Official statement that:

(i)

the plants are free from Oemona hirta and Platypus apicalis ;

(ii)

the plants have been grown throughout their life in a place of production, which, together with the sites of production that form part of it is registered and supervised by the national plant protection organisation of the country of origin;

(iii)

the site of production has been found free from Oemona hirta and Platypus apicalis during official inspections carried out at appropriate times, since the beginning of the complete production cycle; in case of suspicion of the presence of Oemona hirta or Platypus apicalis at the site of production, appropriate treatments have been carried out to ensure the absence of the pests;

(iv)

at harvest, the plants have been cleaned and have undergone an official inspection to confirm the absence of Oemona hirta and Platypus apicalis ;

(v)

immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Oemona hirta and Platypus apicalis and the size of the sample for inspection has been such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %;

(b)

the phytosanitary certificates for those plants include under the heading ‘ Additional Declaration ’ :

(i)

the following statement: ‘ The consignment complies with Commission Implementing Regulation (EU) 2020/1362 ’ ;

(ii)

the specification of the registered sites of production.