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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/EC^note, and in particular Article 41(3), first subparagraph, and Articles 72(2) and 79(2),Whereas:

(1)Regulation (EU) 2016/2031 and Commission Implementing Regulation (EU) 2019/2072^note replaced the provisions of Council Directive 2000/29/EC^note concerning protective measures against organisms harmful to plants. They have updated and elaborated further the respective rules on protective measures against pests of plants.

(2)More specifically, Annex VII to Implementing Regulation (EU) 2019/2072 establishes a list of plants, plant products and other objects, originating from third countries, and the corresponding special requirements for their introduction into the Union territory. Annex VIII to that Regulation sets out a list of plants, plant products and other objects, originating in the Union territory and the corresponding special requirements for their movement within the Union territory. Annex XI to that Regulation sets out a list of plants, plant products and other objects subject to phytosanitary certificates and those for which such certificates are not required for their introduction into the Union territory. Annex XIII to that Regulation lists the plants, plant products and other objects for which a plant passport is required for their movement within the Union territory.

(3)Commission Implementing Regulation (EU) 2022/2095^note establishes measures to prevent the introduction into, establishment and spread within the Union territory of Anoplophora chinensis (Forster). It includes requirements concerning the introduction into, and movement within, the Union of certain plants and plant products.

(4)Commission Implementing Decision (EU) 2015/893^note establishes measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky). It was repealed by Commission Implementing Regulation (EU) 2025/1952^note establishing measures concerning the eradication of Anoplophora glabripennis (Motschulsky) from the Union territory.

(5)The application of most of the measures established under Implementing Regulation (EU) 2022/2095 and Implementing Decision (EU) 2015/893 have proved effective in reducing the risk of those pests to an acceptable level.

(6)It is appropriate, for reasons of consistency and legal certainty, to include those measures, where necessary in an updated form, in Annexes VII, VIII, XI and XIII to Implementing Regulation (EU) 2019/2072 as requirements concerning the introduction into, and movement within the Union, of plants, plant products and other objects that can host Anoplophora glabripennis (Motschulsky) or Anoplophora chinensis (Forster).

(7)In this view, new entries, in relation to Anoplophora glabripennis (Motschulsky) and Anoplophora chinensis (Forster), should be added to Annex VII to Implementing Regulation (EU) 2019/2072 concerning plants for planting and wood in the form of chips, particles, shavings, wood waste and scrap of certain species, wood of certain species other than that form, and wood packaging material of certain species.

(8)Based on findings of Anoplophora chinensis in the Union, the scope of the host plants of that pest should be extended to cover not only Aesculus hippocastanum, but all Aesculus species.

(9)However, based on the experience in the Union, the scope of the host plants of Anoplophora glabripennis should be reduced to species on which findings or symptoms of that pest have been found.

(10)In order to ensure a proportionate approach to the respective phytosanitary risk and to guarantee legal clarity, the special requirements of Annex VII to Implementing Regulation (EU) 2019/2072 related to the plants, plant products and other objects that can host Anoplophora glabripennis should only be applicable to those third countries, where that pest is known to be present. Those countries should be listed in Annex VII.

(11)Article 10(1) of Implementing Regulation (EU) 2022/2095, as well as Annex II, 2.A.(1)(c) of Implementing Decision (EU) 2015/893 require that prior to the movement of the specified plants within the Union, the plants have been grown in a site where, inter alia, targeted destructive sampling is carried out on each lot of specified plants. According to these provisions, that targeted destructive sampling is to be carried out at specific levels set out in those legal acts.

(12)Experience has shown during the application of Implementing Regulation (EU) 2022/2095, and during the application of Implementing Decision (EU) 2015/893, that the established levels of destructive sampling of specified plants are disproportionately high, because they lead to the destruction of an unnecessarily large number of plants, without correspondingly increasing the confidence level of the sampling.

(13)For that reason, those requirements on destructive sampling should be removed, as it is sufficient to require that the respective sampling scheme used for inspection is to be able to identify with at least 99 % confidence level, a presence level of infested plants of 1 %.

(14)The CN codes listed in Annex VII and Annex XI to Implementing Regulation (EU) 2019/2072 should be amended to reflect the most recent amendment of Council Regulation (EEC) No 2658/87^note.

(15)Moreover, new entries should be added in Annex VIII to Implementing Regulation (EU) 2019/2072 concerning plants, wood and wood packaging material of certain species, which have spent some time in a demarcated area for containment, established pursuant to Article 5 of Implementing Regulation (EU) 2025/1952 and to Article 5 of Implementing Regulation (EU) 2022/2095. This is necessary to ensure that the movement of those commodities from areas where that pest is established to the rest of the Union does not present an unacceptable phytosanitary risk.

(16)In Annex XI to Implementing Regulation (EU) 2019/2072, Part A, in point 3, the reference to ‘Alnus L., Carpinus L., Cercidiphyllum Siebold & Zucc., Corylus L., Fagus L., Koelreuteria Laxm., Platanus L., Tilia spp.’ should be excluded, because it has been proven that these species are not the preferred hosts of Anoplophora glabripennis (Motschulsky) and therefore present lower phytosanitary risk.

(17)Certain types of wood should also be added to the list contained in Annex XIII to Implementing Regulation (EU) 2019/2072, because a plant passport is needed for their movement within the Union, thereby attesting compliance with the respective special requirements set out in Annex VIII to that Regulation.

(18)Implementing Regulation (EU) 2019/2072 should therefore be amended accordingly.

(19)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 1Amendment of Implementing Regulation (EU) 2019/2072#

Annexes VII, VIII, XI and XIII to Implementing Regulation (EU) 2019/2072 are amended in accordance with the Annex to this Regulation.

Article 2Entry into force#

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

1.Annex VII to Implementing Regulation (EU) 2019/2072 is amended as follows:

(a)the following points 32.8 and 32.9 are inserted after point 32.7:^note^note‘32.8Plants for planting that have a stem diameter of 1 cm or more at their thickest point, of Acer spp., Aesculus spp., Betula spp., Fraxinus spp., Populus spp., Salix spp. and Ulmus spp.ex06021090ex06022020ex06022080ex06029041ex06029045ex06029046ex06029048ex06029050ex06029070ex06029099China, Japan, North Korea, Lebanon, South Korea, Switzerland, United StatesOfficial statement that the plants:

(a)originate in an area established by the national plant protection organisation in the country of origin as being free from Anoplophora glabripennis (Motschulsky), in accordance with the International Standard for Phytosanitary Measures ISPM 4^note. The pest free area shall be mentioned on the phytosanitary certificate under the rubric “place of origin”, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin; or

(a)originate in a country recognised as being free from Anoplophora chinensis (Forster), in accordance with the relevant International Standard for Phytosanitary Measures ISPM4, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the third country concerned; or

(b)have been grown during a period of at least two years prior to export, or, in the case of plants which are younger than two years, have been grown throughout their life, in a place of production:

(i)established as free from Anoplophora glabripennis (Motschulsky) in accordance with ISPM 10^note;

(ii)subjected annually to at least two official inspections for any sign of Anoplophora glabripennis (Motschulsky) carried out at appropriate times, and no signs of that pest have been found;

(iii)where the plants have been grown in a site:

—with physical isolation against the introduction of Anoplophora glabripennis (Motschulsky), or

—with the application of appropriate preventive treatments and surrounded by a buffer zone with a width of at least 1 km where official surveys for the presence or signs of Anoplophora glabripennis (Motschulsky) are carried out annually at appropriate times; and

(iv)where, immediately prior to export, all consignments of the plants have been subjected to an official inspection for the presence of Anoplophora glabripennis (Motschulsky), in particular on branches and stems, including targeted destructive sampling; or

(b)originate in an area established by the national plant protection organisation in the country of origin as being free from Anoplophora chinensis (Forster), in accordance with the International Standard for Phytosanitary Measures ISPM 4^note. The pest free area shall be mentioned on the phytosanitary certificate under the rubric “place of origin”, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the third country concerned; or

(c)have been grown from rootstocks which meet the requirements of point (b), grafted with scions and the grafted plants have been inspected in accordance with point (b)(iv).

(c)have been grown during a period of at least two years prior to export, or, in the case of plants which are younger than two years, have been grown throughout their life, in a place of production:

(i)established as free from Anoplophora chinensis (Forster) in accordance with ISPM 10;

(ii)subjected annually to at least two official inspections for any sign of Anoplophora chinensis (Forster) carried out at appropriate times, and no signs of that pest have been found;

(iii)where the plants have been grown in a site:

—with physical isolation against the introduction of Anoplophora chinensis (Forster), or

—with the application of appropriate preventive treatments and surrounded by a buffer zone with a width of at least 1 km where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times; and

(iv)where, immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Anoplophora chinensis (Forster), in particular on roots and stems, including targeted destructive sampling; or

(d)have been grown from rootstocks which meet the requirements of point (c), grafted with scions and the grafted plants have been inspected in accordance with point (c)(iv).

The size of the sample for the inspection referred to in point (b)(iv), shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.32.9Plants for planting that have a stem diameter of 1 cm or more at their thickest point, of Acer spp., Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Fagus spp., Lagerstroemia spp., Malus spp., Melia spp., Ostrya spp., Photinia spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp., Ulmus spp. and Vaccinium corymbosumex06021090ex06022020ex06022030ex06022080ex06024000ex06029041ex06029045ex06029046ex06029047ex06029048ex06029050ex06029070ex06029091ex06029099All third countriesOfficial statement that the plants:The size of the sample for the inspection referred to in point (c)(iv), shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.

(b)the following points 114 and 115 are added:‘114.Wood of Acer spp., Aesculus spp., Betula spp., Fraxinus spp., Populus spp., Salix spp., and Ulmus spp., other than in the form of:

(a)originates in an area established by the national plant protection organisation in the country of origin as being free from Anoplophora glabripennis (Motschulsky), in accordance with the International Standard for Phytosanitary Measures ISPM 4(*). The pest free area shall be mentioned on the phytosanitary certificate under the rubric “place of origin”, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin; or

(b)is debarked and has undergone an appropriate heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), which is to be indicated on the phytosanitary certificate, and the mark ‘HT’ is put on the wood or on any wrapping in accordance with current usage.

(c)has been processed into pieces of not more than 2,5 cm thickness and width.’

—chips, particles, shavings, sawdust, wood waste and scrap, obtained in whole or part from these plants,

—wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignments and which meets the same Union phytosanitary requirements as the wood in the consignment, but including that which has not kept its natural round surface

ex44011200ex4403120044039510440395904403960044039700ex44039900ex44042000ex44061200ex44069200440793104407939144079399440795104407959144079599440796104407969144079699440797104407979144079799ex44079927ex44079940ex44079990ex44092991ex44092999ex44160000ex94061000China, Japan, Lebanon, North Korea, South Korea, Switzerland, United StatesOfficial statement that the wood:115.Wood in the form of chips, particles, shavings, wood waste and scrap obtained in whole or in part from Acer spp., Aesculus spp., Betula spp., Fraxinus spp., Populus spp., Salix spp. and Ulmus spp.ex44012290ex44014990ex44014910China, Japan, Lebanon, North Korea, South Korea, Switzerland, United StatesOfficial statement that the wood:

2.Annex VIII to Implementing Regulation (EU) 2019/2072 is amended as follows:

(a)the following points 17.2 and 17.3 are inserted after point 17.1:^note‘17.2Plants for planting that have a stem diameter of 1 cm or more at their thickest point, of Acer spp., Aesculus spp., Betula spp., Fraxinus spp., Populus spp., Salix spp., and Ulmus spp., originating in a demarcated area established pursuant to Article 5 of Implementing Regulation (EU) 2025/1952 or introduced into a place of production in such an areaOfficial statement that the plants have been grown during at least two years prior to movement, or in the case of plants which are younger than two years, throughout their life, in a place of production which fulfils all of the following requirements:

(a)it has been subjected annually to at least two official inspections for any sign of Anoplophora glabripennis (Motschulsky) carried out at appropriate times, and no such sign has been found, including where appropriate targeted destructive sampling on the stems and branches of plants, and

(a)it has been subjected annually to at least two official inspections for any sign of Anoplophora chinensis (Forster) carried out at appropriate times, and no such sign has been found, including where appropriate targeted destructive sampling on the roots and stems of plants, and

(b)where the plants have been grown in a site:

(i)with physical isolation against the introduction of Anoplophora glabripennis (Motschulsky); or

(ii)where official surveys for the presence or signs of Anoplophora glabripennis (Motschulsky) have been carried out annually within a width of at least 1 km around the site at appropriate times, and no Anoplophora glabripennis (Motschulsky) or signs of it were found and where:

(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

—preventive treatments have been applied, or

—targeted destructive sampling has been carried out on each lot prior to movement, including targeted destructive sampling of branches and stems of plants.

(b)where the plants have been grown in a site:

(i)with physical isolation against the introduction of Anoplophora chinensis (Forster); or

(ii)where official surveys for the presence or signs of Anoplophora chinensis (Forster) have been carried out annually within a width of at least 1 km around the site at appropriate times, and no Anoplophora chinensis (Forster) or signs of it were found; and

(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

—where preventive treatments have been applied, or

—where targeted destructive sampling has been carried out on each lot prior to movement, including targeted destructive sampling of roots and stems of plants.

The size of the sample for inspection under point (a) has been such as to enable the detection of at least 1 % level of infestation with a level of confidence of 99 %;Rootstocks which meet the requirements of points (a) and (b) may be grafted with scions, which have not been grown under these conditions, but which are no larger than 1 cm in diameter at their thickest point.17.3Plants for planting that have a stem diameter of 1 cm or more at their thickest point, of Acer spp., Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Fagus spp., Lagerstroemia spp., Malus spp., Melia spp., Ostrya spp., Photinia spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp., Ulmus spp. and Vaccinium corymbosum, originating in a demarcated area established pursuant to Article 5 of Commission Implementing Regulation (EU) 2022/2095^note or introduced into a place of production in such an areaOfficial statement that the plants have been grown during at least two years prior to movement, or in the case of plants which are younger than two years, throughout their life, in a place of production which fulfils all of the following requirements:The size of the sample for inspection under point (a) has been such as to enable the detection of at least 1 % level of infestation with a level of confidence of 99 %;Rootstocks which meet the requirements of points (a) and (b) may be grafted with scions, which have not been grown under these conditions, but which are no larger than 1 cm in diameter at their thickest point.

(b)the following points 30 to 32 are added:‘30.Wood of Acer spp., Aesculus spp., Betula spp., Fraxinus spp., Populus spp., Salix spp. and Ulmus spp., originating in demarcated areas established pursuant to Article 5 of Implementing Regulation (EU) 2025/1952 or not originating but introduced into those demarcated areas, other than in the form of:

(a)is debarked; and

(a)is debarked and has undergone an appropriate heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core); or

(a)is made of debarked wood, as specified in Annex I to FAO International Standard for Phytosanitary Measures No 15 on Regulation of wood packaging material in international trade, and has been subjected to one of the approved treatments as specified in Annex I to that International Standard, and

(b)has undergone an appropriate heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, including at its core, and indicated by the mark “HT” on the wood or on any wrapping in accordance with current usage.

(b)has been processed into pieces of not more than 2,5 cm thickness and width.

(b)displays a mark as specified in Annex II to that International Standard, indicating that the wood packaging material has been subjected to an approved phytosanitary treatment in accordance with this standard.’

—chips, particles, shavings, wood waste and scrap, obtained in whole or part from these plants;

Official statement that the wood:31.Wood in the form of chips, particles, shavings, wood waste and scrap, obtained in whole or part from Acer spp., Aesculus spp., Betula spp., Fraxinus spp., Populus spp., Salix spp. and Ulmus spp., originating in a demarcated area established pursuant to Article 5 of Implementing Regulation (EU) 2025/1952Official statement that the wood:32.Wood packaging material of Acer spp., Aesculus spp., Betula spp., Fraxinus spp., Populus spp., Salix spp. and Ulmus spp. originating in a demarcated area established pursuant to Article 5 of Implementing Regulation (EU) 2025/1952The wood packaging material:

3.In Annex XI, Part A, point 12, to Implementing Regulation (EU) 2019/2072, the entry ‘Acer L., Aesculus L., Alnus L., Betula L., Carpinus L., Cercidiphyllum Siebold & Zucc., Corylus L., Fagus L., Fraxinus L., Koelreuteria Laxm., Platanus L., Populus L., Salix L., Tilia L. and Ulmus L., …’ is replaced by the following:Acer L., Aesculus L., Betula L., Fraxinus L., Populus L., Salix L. and Ulmus L., including wood which has not kept its natural round surface | Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms:– Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms:– – Non-coniferous:ex44011200– Wood in chips or particles:– – Non-coniferous:– – – Other (than of eucalyptus (Eucalyptus spp.)):ex44012290– Wood waste and scrap, not agglomerated:– – – Bark and production waste, scrap, rejects and residues:ex44014910– – – Other:ex44014990Wood in the rough, not stripped of bark or sapwood, or roughly squared:– Treated with paint, stains, creosote or other preservatives:– – Non-coniferous:ex44031200Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared:– Other than treated with paint, stains, creosote or other preservatives:– – Of birch (Betula spp.):440395104403959044039600– – Of poplar and aspen (Populus spp.):44039700– – Of other:ex44039900Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise:– Non-coniferous:ex44042000Railway or tramway sleepers (cross-ties) of wood:– Not impregnated:– – Non coniferous:ex44061200– Other (than not impregnated):– – Non coniferous:ex44069200Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm:– – Of maple (Acer spp.):440793104407939144079399– – Of ash (Fraxinus spp.):440795104407959144079599– – Of birch (Betula spp.):440796104407969144079699– – Of poplar and aspen (Populus spp.):440797104407979144079799– – Of other:ex44079927ex44079940ex44079990Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm:ex44089015ex44089035ex44089095Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed:– – – Non-coniferous, other:ex44092991ex44092999Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves:ex44160000Prefabricated buildings of wood:ex94061000 | China, Japan, Lebanon, North Korea, South Korea, Switzerland, United States

4.In Annex XIII to Implementing Regulation (EU) 2019/2072, the following points 4.2 and 4.3. are inserted after point 4.1:

4.2.Wood, other than in the form of chips, particles, shavings, wood waste and scrap originating in demarcated areas or wood retaining all or part of its round surface not originating but introduced into those demarcated areas of Acer spp., Aesculus spp., Betula spp., Fraxinus spp., Populus spp., Salix spp. and Ulmus spp., as referred to in point 30 of Annex VIII.

4.3.Wood in the form of chips, particles, shavings, wood waste and scrap originating in demarcated areas obtained in whole or part from Acer spp., Aesculus spp., Betula spp., Fraxinus spp., Populus spp., Salix spp. and Ulmus spp., as referred to in point 31 of Annex VIII.’