Commission Implementing Regulation (EU) 2020/1213Show full title

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

Whereas:

(1) Commission Implementing Regulation (EU) 2018/2019(2) 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(3). 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(4). 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(5) 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(6) as a group of Union quarantine pests. A pest risk assessment carried out by Spain(7) and a report(8) 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:

(1)

OJ L 317, 23.11.2016, p. 4.

(2)

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).

(3)

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

(4)

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

(5)

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).

(6)

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).

(7)

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

(8)

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