Commission Implementing Decision (EU) 2017/925

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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production^note, and in particular Article 4 and Articles 6(4), 9(1) and 13(3) thereof,Having regard to Commission Implementing Directive 2014/98/EU of 15 October 2014 implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections^note, and in particular Article 8(4) thereof,Whereas:

(1)Implementing Directive 2014/98/EU lays down rules for the production, certification, and marketing of pre-basic material, basic material, certified material and fruit plants.

(2)Article 8(1) of Implementing Directive 2014/98/EU requires that pre-basic mother plants and pre-basic material are produced under insect proof conditions. However, Article 8(4) of that Directive provides that, for certain genera or species and under certain conditions, a Member State may be authorised to certify pre-basic material produced in the field under non-insect proof conditions or propagated from pre-basic mother plants produced in the field under non-insect proof conditions.

(3)Belgium, the Czech Republic, France and Spain requested a temporary authorisation to certify pre-basic material of certain species produced in the field under non-insect proof conditions.

(4)The Commission considered that it is appropriate to allow sufficient time for suppliers in those Member States to adapt their production systems while continuing their production in the field under non-insect proof conditions, taking into account that the construction of insect proof facilities requires a considerable investment of human and financial resources.

(5)The authorisations to certify pre-basic material produced in the field under non-insect proof conditions for certain genera or species were thus granted to those Member States by Commission Implementing Decision (EU) 2017/167^note.

(6)The authorisations to Belgium and France were granted for a short period of 2 years as producers in Belgium and France had started to invest in the construction of insect proof facilities in an early stage. By contrast, the temporary authorisations to the Czech Republic and Spain were granted for a 5-year period as producers in those Member States need more time to comply with the requirement of production in insect proof facilities.

(7)It is appropriate to maintain the temporary authorisations granted to Belgium, the Czech Republic, France and Spain since the conditions which justified their granting are still met.

(8)Sweden has submitted a request for a temporary authorisation pursuant to Article 8(4) of Implementing Directive 2014/98/EU at a later date than Belgium, the Czech Republic, France and Spain.

(9)It is appropriate to allow sufficient time for suppliers in Sweden to adapt their production systems while continuing their production in the field under non-insect proof conditions, taking into account that the construction of such insect proof facilities requires a considerable investment of human and financial resources.

(10)Sweden should therefore also be granted a temporary authorisation to certify pre-basic material produced in the field under non-insect proof conditions for certain genera or species. That authorisation should apply for a 5-year period as producers in Sweden need a relatively long time to comply with the requirement of production in insect proof facilities.

(11)Implementing Decision (EU) 2017/167 established appropriate measures for Belgium, the Czech Republic, France and Spain to ensure an identical health status of pre-basic mother plants and pre-basic material produced in the open field as compared to pre-basic mother plants and pre-basic material produced in insect proof facilities. Those measures took into account the need to limit the risk of infection in accordance with the climatic conditions, the growing conditions of the pre-basic mother plants and pre-basic material concerned, and the distance of the pre-basic mother plants and pre-basic material concerned to any relevant cultivated and wild species, based on the expert knowledge regarding the prevalence and biology of the relevant pests.

(12)The measures concerning the health status of pre-basic mother plants and pre-basic material established by Implementing Decision (EU) 2017/167 for Belgium, the Czech Republic, France and Spain should be maintained and similar measures should be established for Sweden.

(13)For the purpose of clarity and legal certainty, Implementing Decision (EU) 2017/167 should be repealed and replaced by a new Decision.

(14)The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Commission Implementing Decision (EU) 2017/925

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