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 first and third subparagraphs 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) Commission Implementing Regulation (EU) 2018/2018(3) lays down specific rules concerning the procedure to be followed in order to carry out the risk assessment referred to in Article 42(4) of Regulation (EU) 2016/2031 for those high risk plants, plant products and other objects.
(3) Following a preliminary risk assessment, 35 plants for planting originating from all third countries were included in the Annex to Implementing Regulation (EU) 2018/2019 as high risk plants, amongst which are the genera Albizia Durazz. and Robinia L.
(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. 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(4). 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 as pests relevant to the opinion, 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(5). It identified Euwallacea fornicatus sensu lato and Fusarium euwallaceae as pests relevant to the opinion, 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) On the basis of these opinions, the phytosanitary risk from introduction into the Union of bare rooted dormant grafted plants for planting with a maximum diameter of 2,5 cm of Albizia julibrissin Durazzini and Robinia pseudoacacia L. originating in Israel is considered to be reduced to an acceptable level, provided appropriate mitigation measures are applied to address the risk of pests related to those plants for planting. As such appropriate measures are provided for by Commission Implementing Regulation (EU) 2020/1213(6), those plants for planting should no longer be considered high risk plants, and should be removed from the Annex to Implementing Regulation (EU) 2018/2019.
(8) Following a preliminary risk assessment, wood of Ulmus L. was included in the list of high risk plants, plant products and other objects as a potential pathway for the introduction and establishment in the Union of the pest Saperda tridentata Olivier, a pest that is not listed as a Union quarantine pest. Following the inclusion of wood of Ulmus L. in the list of high risk plants, plant products and other objects, the Commission requested the Authority to carry out a pest risk assessment of Saperda tridentata Olivier, addressing entry pathways, spread, establishment and risk reduction options with particular attention to the pathway of wood of Ulmus L.
(9) On 10 January 2020, the Authority published a scientific opinion regarding the pest categorisation of Saperda tridentata Olivier(7). It concluded that Saperda tridentata Olivier satisfies the criterion for quarantine pest regarding entry into the Union territory. However, due to insufficient data it was unable to conclude that Saperda tridentata Olivier meets the post-entry criteria of establishment, spread and potential impact in the Union. In this respect, it is not justified to include the pest Saperda tridentata Olivier in the list of Union quarantine pests. Consequently, bearing in mind the assessed risk of that pest in regard to wood of Ulmus L., wood of Ulmus L. should no longer be considered as a high-risk plant product and should therefore be removed from the Annex to Implementing Regulation (EU) 2018/2019.
(10) In order to comply with the Union obligations deriving from the World Trade Organization agreement on the application of sanitary and phytosanitary measures(8), 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.
(11) 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:
Annex I to Implementing Regulation (EU) 2018/2019 is amended in accordance with the Annex to this Regulation.
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.
Done at Brussels, 21 August 2020.
For the Commission
The President
Ursula von der Leyen
Annex I to Implementing Regulation (EU) 2018/2019 is amended as follows:
the title is replaced by ‘ANNEX’;
in point 1, the second column ‘Description’ is amended as follows:
the entry for ‘Albizia Durazz.’ is replaced by the following:
‘“Albizia Durazz., other than bare-rooted dormant grafted plants for planting with a maximum diameter of 2,5 cm of Albizia julibrissin Durazzini originating in Israel”’;
the entry for ‘Robinia L.’ is replaced by the following:
‘“Robinia L., other than bare rooted dormant grafted plants for planting with a maximum diameter of 2,5 cm of Robinia pseudoacacia L. originating in Israel”’;
point 4 is deleted.
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).
Commission Implementing Regulation (EU) 2018/2018 of 18 December 2018 laying down specific rules concerning the procedure to be followed in order to carry out the risk assessment of high risk plants, plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council (OJ L 323, 19.12.2018, p. 7).
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
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
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 (see page 5 of this Official Journal).
EFSA PLH Panel (EFSA Panel on Plant Health), EFSA Journal 2020;18(1):5940. https://doi.org/10.2903/j.efsa.2020.5940
The World Trade Organization Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), https://www.wto.org/english/tratop_e/sps_e/spsagr_e.htm