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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/ECnote, and in particular Article 42(4), first subparagraph thereof,Whereas:
(1)Commission Implementing Regulation (EU) 2018/2019note establishes, on the basis of a preliminary risk assessment, a list of high risk plants, plant products and other objects.
(2)Following a preliminary assessment, 34 genera and one species of plants for planting originating from third countries were provisionally listed in Implementing Regulation (EU) 2018/2019 as high risk plants. That list includes the genus Crataegus L.
(3)On 3 May 2022, the United Kingdomnote submitted to the Commission, a request for export to the Union of dormant, bare-rooted, free of leaves plants for planting of Crataegus monogyna that are up to 7 years old and have a maximum diameter of 6,5 cm at the base of the stem, and of plants for planting of Crataegus monogyna in growing medium that are up to 15 years old and have a maximum diameter of 13 cm at the base of the stem (‘the relevant plants’). That request was supported by the relevant technical dossier.
(4)On 30 March 2023, the European Food Safety Authority (‘the Authority’) adopted a scientific opinion regarding the risk assessment of the relevant plants, originating in the United Kingdomnote. It identified Erwinia amylovora as the pest relevant for those plants.
(5)The Authority evaluated whether, regarding Erwinia amylovora, the special requirements for the introduction into and movement within the specified protected zones, listed in point 9 of Annex X to Commission Implementing Regulation (EU) 2019/2072note, of plants of Crataegus L., other than fruits and seeds, are fulfilled.
(6)On the basis of that opinion, the phytosanitary risk arising from the introduction into the Union territory of the relevant plants from the United Kingdom is considered to be reduced to an acceptable level.
(7)The relevant plants which are up to 7 years old and bare-rooted, as included in the dossier submitted by the United Kingdom, present a lower phytosanitary risk due to their characteristics. Consequently, all relevant plants that are up to 15 years old and with a maximum diameter of 13 cm at the base of the stem, originating in the United Kingdom, should no longer be considered high risk plants.
(8)Therefore, all relevant plants that are up to 15 years old and with a maximum diameter of 13 cm at the base of the stem, originating in the United Kingdom should be removed from the list of high risk plants, plant products and other objects in the Annex to Implementing Regulation (EU) 2018/2019.
(9)Implementing Regulation (EU) 2018/2019 should therefore be amended accordingly.
(10)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 1#
The Annex to Implementing Regulation (EU) 2018/2019 is amended in accordance with the Annex to this Regulation.
Article 2#
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
In the Annex to Implementing Regulation (EU) 2018/2019, in the table of point 1, in the second column ‘Description’, the entry ‘Crataegus L.’ is replaced by the following:
‘Crataegus L., other than up to 15-year-old plants for planting of Crataegus monogyna with a maximum diameter of 13 cm at the base of the stem, originating in the United Kingdom’.
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