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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), third 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 included in the list set out in the Annex to Implementing Regulation (EU) 2018/2019 as high-risk plants. That list includes the genus Alnus Mill.
(3)Commission Implementing Regulation (EU) 2020/1213note sets out the phytosanitary measures for the introduction into the Union territory of certain plants, plant products and other objects, which have been removed from the Annex to Implementing Regulation (EU) 2018/2019, but for which phytosanitary risks are not yet fully assessed. This is because one or more pests hosted by those plants, which are not yet in the list of Union quarantine pests of Commission Implementing Regulation (EU) 2019/2072note, may fulfil the conditions to be included in that list following a complete risk assessment.
(4)On 19 June 2023, the United Kingdomnote submitted to the Commission three requests for export to the Union of up to 2-year-old graftwood of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 12 mm; up to 7-year-old bare-rooted plants for planting of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 40 mm at the base of the stem; up to 2-year-old cell-grown plants of Alnus cordata, Alnus glutinosa and Alnus incana with a maximum diameter of 10 mm at the base of the stem; and up to 7-year-old rooted plants for planting in pots of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 40 mm at the base of the stem (‘the specified plants’). Those requests were supported by the relevant technical dossiers.
(5)On 11 December 2024, the European Food Safety Authority (‘the Authority’) adopted a scientific opinion regarding the risk assessment of the specified plantsnote. The Authority identified Entoleuca mammata, Phytophthora ramorum and Phytophthora siskiyouensis as pests relevant for those plants, evaluated the risk mitigation measures described in the technical dossiers and estimated the likelihood of freedom of the specified plants from those pests.
(6)On the basis of the opinion of the Authority, the phytosanitary risk arising from the introduction into the Union territory of the specified plants is considered to be reduced to an acceptable level, provided that appropriate measures are applied to address the risk of pests related to those plants.
(7)The measures described by the United Kingdom in the dossiers are considered sufficient to reduce to an acceptable level the risk arising from the introduction into the Union territory of the specified plants. Those measures should therefore be adopted as phytosanitary import requirements to ensure the phytosanitary protection of the Union territory.
(8)Consequently, the specified plants originating in the United Kingdom should no longer be considered high-risk plants. They should therefore 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)Phytophthora ramorum (non-EU isolates) is listed as a Union quarantine pest in Annex II to Implementing Regulation (EU) 2019/2072, and Entoleuca mammata is listed as a protected zone quarantine pest in Annex III to that Regulation. Phytophthora siskiyouensis is not yet included in the list of Union quarantine pests. A complete pest risk assessment of Phytophthora siskiyouensis needs to become available, to determine whether that pest is to be listed in Annex II to Implementing Regulation (EU) 2019/2072, and whether as a consequence the specified plants, originating in the United Kingdom, together with the relevant specific requirements, are to be listed in Annex VII to that Regulation. Therefore that pest should be subject to the measures of Implementing Regulation (EU) 2020/1213, in relation to the plants referred to in the request of the United Kingdom, until that complete risk assessment is carried out.
(11)Implementing Regulation (EU) 2020/1213 should therefore be amended accordingly.
(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 1#
The Annex to Implementing Regulation (EU) 2018/2019 is amended in accordance with Annex I to this Regulation.
Article 2#
The Annex to Implementing Regulation (EU) 2020/1213 is amended in accordance with Annex II to this Regulation.
Article 3#
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Annex I
In the Annex to Implementing Regulation (EU) 2018/2019, in the table of point 1, in the second column ‘Description’, the entry ‘Alnus Mill.’ is replaced by the following:
‘Alnus Mill., other than:
—up to 2-year-old graftwood of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 12 mm, originating in the United Kingdom;
—up to 7-year-old plants for planting of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom.’
Annex II
In the table of the Annex to Implementing Regulation (EU) 2020/1213, the following entry is inserted between the entry ‘Albizia julibrissin Durazzini, bare rooted, dormant grafted plants for planting with a maximum diameter of 2,5 cm’ and the entry ‘Fagus sylvatica, up to fifteen-year-old plants for planting with a maximum diameter of 80 mm at the base of the stem’:
Plants, plant products or other objectsCN CodeThird countries of originMeasures‘Alnus Mill., other than:
(a)Official statement that:
(i)the plants are free from Phytophthora siskiyouensis;
(ii)the site of production has been found free from Phytophthora siskiyouensis during official inspections carried out at appropriate times, since the beginning of the last growing season, and is registered and supervised by the national plant protection organisation of the country of origin;
(iii)a system has been put in place to ensure that grafting, pruning and rogueing tools and machineries have been cleaned to be free from soil and plant debris, and disinfected to be free from Phytophthora siskiyouensis before they have been introduced into each site of production; and
(iv)immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Phytophthora siskiyouensis including random sampling and laboratory testing for any suspicious symptoms of the pest;
(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) 2020/1213’; and
(ii)the specification of the registered sites of production.’
—up to 2-year-old graftwood of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 12 mm, originating in the United Kingdom
—up to 7-year-old plants for planting of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom
ex06021090ex06029041ex06029045ex06029046United Kingdom
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