Contents
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 28(1), point (g), Article 41(3), first subparagraph, and Article 72(1), second subparagraph, point (e), thereof,Whereas:
(1)Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Collins and Jones (‘the specified pest’) is listed in Part A of Annex II to Commission Implementing Regulation (EU) 2019/2072note as a pest not known to occur in the Union territory.
(2)In 2024, the specified pest was found present on imported seeds of Phaseolus vulgaris L.
(3)Additionally, in the recent years, outbreaks of the specified pest have been reported in the Union territory, in fields where Phaseolus vulgaris L. and Vicia faba L. were grown.
(4)Plants for planting of Glycine max L. Merr., Phaseolus coccineus L., Phaseolus lunatus L., Phaseolus vulgaris L., Vigna angularis (Willd.) Ohwi & H.Ohashi, Vigna mungo (L.) Hepper, Vigna radiata (L.) R.Wilczek, Vigna unguiculata (L.) Walp. and Vicia faba L. (‘specified plants’) should be subject to certain measures. This is because, in accordance with an Opinion of the European Food Safety Authority, those plants are the main hosts of the specified pestnote, and they are also the plants on which the specified pest was either found during import controls or at outbreaks in the Union territory.
(5)Member States should annually perform surveys for the presence of the specified pest, employing a risk-based approach, to ensure the early detection of the specified pest and clarify the status of its presence in the Union territory. Those surveys should consist of visual examinations and, where necessary, testing of the specified plants for the presence of the specified pest.
(6)Moreover, and in order to protect the Union territory from the phytosanitary risk of the specified pest, special requirements should be set out in Annex VII to Implementing Regulation (EU) 2019/2072 for the introduction into the Union of the specified plants from all third countries.
(7)Those requirements should consist of different options, namely: requirement for the plants to originate from countries or areas which are free from the specified pest; requirement for the plants to originate from production sites which are subject to specific conditions; and requirement for the plants to be subjected to sampling and testing pursuant to certain rules. Each of those options is sufficient to reduce the respective phytosanitary risk to an acceptable level.
(8)Given the increasing demand in the Union for seeds of host plants of the specified pest, it is necessary to adopt requirements for introduction of those seeds into the Union territory.
(9)Moreover, seeds of Phaseolus lunatus L., Vigna angularis (Willd.) Ohwi & H. Ohashi, Vigna mungo (L.) Hepper, Vigna radiata (L.) R.Wilczek and Vigna unguiculata (L.) Walp., should be listed in Part A of Annex XI to Implementing Regulation (EU) 2019/2072.
(10)Implementing Regulation (EU) 2019/2072 should therefore be amended accordingly.
(11)Given the still uncertain status of the presence of that pest in the Union territory, the requirement to perform annual surveys for the presence of the specified pest should apply during a limited period of time, during which the Commission will reassess the need for continuing the annual surveys based on the knowledge about the presence of the specified pest obtained by the competent authorities during the annual surveys.
(12)The requirements concerning the introduction into the Union territory of the specified plants should apply from 23 April 2026. This is necessary in order to allow the competent authorities of the third countries sufficient time to adapt to those requirements.
(13)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1Subject matter#
This Regulation sets out measures to prevent the introduction into the Union territory, and the establishment and the spread within that territory, of Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Collins and Jones.
Article 2Definitions#
For the purposes of this Regulation, the following definitions apply:
(1)‘specified pest’ means Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Collins and Jones;
(2)‘specified plants’ means plants for planting of Glycine max L. Merr., Phaseolus coccineus L., Phaseolus lunatus L., Phaseolus vulgaris L., Vigna angularis (Willd.) Ohwi & H.Ohashi, Vigna mungo (L.) Hepper, Vigna radiata (L.) R.Wilczek, Vigna unguiculata (L.) Walp. and Vicia faba L.
Article 3Surveys of the Union territory#
1.The competent authorities shall annually conduct risk-based surveys for the presence of the specified pest on specified plants, at appropriate times of the year to detect the specified pest.Those surveys shall be carried out by inspection of the specified plants and, in the case of any suspicion for the presence of the specified pest, by sampling and testing for that presence using appropriate methods with molecular identification.
2.By 30 April of each year, Member States shall submit to the Commission and the other Member States the results of the surveys carried out pursuant to paragraph 1 during the preceding year.
Article 4Amendment of Implementing Regulation (EU) 2019/2072#
Implementing Regulation (EU) 2019/2072 is amended in accordance with the Annex to this Regulation.
Amendment of Implementing Regulation (EU) 2019/2072
(1)in Annex VII, the following point is inserted between points 74 and 75:note‘74.1Plants for planting of Glycine max L. Merr., Phaseolus coccineus L., Phaseolus lunatus L., Phaseolus vulgaris L., Vigna angularis (Willd.) Ohwi & H.Ohashi, Vigna mungo (L.) Hepper, Vigna radiata (L.) R.Wilczek, Vigna unguiculata (L.) Walp. and Vicia faba L.ex06029030ex06029050ex06029099ex07133100ex0713320007133310ex07133500ex07133900ex07135000ex0713900012011000
(a)the plants for planting originate in a country recognised as being free from Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Collins and Jones in accordance with the relevant International Standards for Phytosanitary Measures,or
(b)the plants for planting originate in an area established by the national plant protection organisation in the country of origin as being free from Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Collins and Jones, in accordance with the International Standard for Phytosanitary Measures ISPM 4note; the pest free area is mentioned on the phytosanitary certificate,or
(c)the plants for planting originate from a site of production complying with the following conditions:
(i)it is registered and supervised by the national plant protection organisation in the country of origin;
(ii)official inspection of the site of production and its immediate vicinity has been carried out prior to harvest, and no presence of Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Collins and Jones has been detected;
(iii)prior to export, a representative sample of the plants for planting has been tested using appropriate methods with molecular identification and found free from Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Collins and Jones,
or
(d)in case of plants for planting in the form of seeds, prior to their export, from each lot a sample has been tested using appropriate methods with molecular identification and found free from Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Collins and Jones.
Third countries
Official statement that:In case of point (d), the size of the sample shall be such as to enable at least the detection of 0,5 % level of infection with a level of confidence of 99 %. However, in the case of seed lots smaller than 8000 seeds, a representative sample of 10 % of the lot has been tested and found free from Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Collins and Jones in this test.
(2)Annex XI is amended as follows:
(i)in Part A, under point ‘8. Seeds of:’, the following entry is added:Phaseolus lunatus L., Vigna angularis (Willd.) Ohwi & H.Ohashi, Vigna mungo (L.) Hepper, and Vigna radiata (L.) R.Wilczek, Vigna unguiculata (L.) Walp. | Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek, Vigna unguiculata (L.) Walp. for sowing:ex07133100ex07133500Small red (Adzuki) beans (Vigna angularis) for sowing:ex07133200Beans (Phaseolus lunatus, Phaseolus coccineus) for sowing:– – Otherex07133900 | Third countries other than Switzerland
(ii)in Part B, in the second column, the entry ‘Dried leguminous vegetables, shelled, not skinned or split, for sowing…’ is replaced by the following:‘Dried leguminous vegetables, shelled, not skinned or split, for sowing:
ex07132000
ex07133400
ex07133900
ex07134000
ex07136000
ex07139000 (other than Phaseolus lunatus and Phaseolus coccineus).’
Annexes VII and XI are amended as follows:
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