EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/2024/7072 C 
(POOL/G1/7072C/7072C -EN CIS 
Feedback.docx)  
[…](2024) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Implementing Regulation (EU) 2019/2072 as regards the listing of pests and 
rules on the introduction into, and movement within, the Union territory of plants, plant 
products and other objects  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Implementing Regulation (EU) 2019/2072 as regards the listing of pests and 
rules on the introduction into, and movement within, the Union territory of plants, plant 
products and other objects  
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/EC1, and in particular Article  5(2) and (3) , 
Article 3 5(2), Article 37(2)  and (4), Article 40(2), Article 41(2), Article 53(2), Article 54(2), 
Article 72(1), Article 74(2), Article 79(2) and Article 80(2)  thereof,  
Whereas:  
(1) Commission Implementing Regulation (EU) 2019/20722 establishes a list of Union 
quarantine pests, protecte d zone quarantine pests and Union regulated non -quarantine 
pests (‘RNQPs’). It further sets out requirements for the introduction into, or 
movement within, the Union territory of certain plants, plant products and other 
objects , in order to prevent the ent ry, establishment and spread of those pests in the 
Union territory . 
(2) Updated or new scientific and technical information from pest risk assessments, pest 
risk categorisations and pest risk analyses carried out by the European Food Safety 
Authority (‘the Aut hority’), the European and Mediterranean Plant Protection 
Organisation (‘EPPO’) and the Member States , is available and serves as a basis for 
listing  of new pests.  As a result, the respective special requirements for the 
introduction into, and movement within, the Union of the plants, plant products and 
other objects affected by those pests, together with the respective rules on th e 
certification  of those commodities, need to be updated . Moreover , due to the presence 
of Union quarantine pests on  imported consignments from certain origins new special 
requirements concerning certain pathways and third countries should be adopted .  
(3) Furthermore, outbreaks of Union quarantine pests in the Union territory, show that it is 
necessary to revise the status  of certain Union quarantine pests depending on whether 
they are known or not known to occur in the Union territory.  
 
1 OJ L 317, 23.11. 2016 , p. 4, ELI: http://data.europa.eu/eli/reg/2016/2031/oj.  
2 Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform 
conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the 
Council, as reg ards protective measures against pests of plants, and repealing Commission Regulation 
(EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (OJ L 319, 
10.12.2019, p. 1 , ELI: http://data.europa.eu/eli/reg_impl/2019/2072/oj ).  
EN 2  EN (4) The name of the pest Guignardia laricina  (Sawada) W. Yamam& Kaz. Itô should be 
replaced by Neofusicoccum laricinum  (Sawada) Y. Hattori & C . Nakashima3, in order 
to reflect the latest developments of the international nomenclature identified by 
EPPO4. 
(5) The pest Melampsora medusae  f. sp. tremuloidis  Shain no longer fulfils the conditions 
of Article 3 and Section 1 of Annex I to Regulation (EU ) 2016/2031  in respect to its 
potential unacceptable environmental, social and economic impact due to its host 
specificity . Therefore , it no longer qualifies as a Union quarantine pest and should be 
removed from the list of Union quarantine pests set out in Annex II to Implementing 
Regulation (EU) 2019/2072.  
(6) In Annex II to Implementing Regulation (EU) 2019/2072, c ertain  entries  concerning 
Union quarantine pests of the groups Choristoneura  spp. and Cicadomorpha , which 
are known to be vectors of Xylella fastidiosa , Margarodidae , Tephritidae  and Citrus 
leprosis  viruses , do not yet include the associated codes assigned by EPPO. As EPPO 
has created  those codes after the last amendment of Implementing Regulation (EU) 
2019/2072, Annex II to that Regulation  should include those codes.  
(7) Furthermore,  it had been found that the pests  Neoceratitis asiatica (Becker), 
Neoceratitis cyanescens  (Bezzi) and Neotephritis finalis  (Loew) belonging to the 
Tephritidae  family fulfil all of the conditions of Article 3 and Section 1 of Annex I to 
Regulation (EU) 2016/2031 , regarding their listing as Union quarantine pests5. They 
should therefore be included in the list of Union quarantine pests set out in Annex  II to 
Implementing Regulation (EU) 2019/2072.  
(8) Commission Implementing Regulation (EU) 2022/12656 establishes measures to 
prevent the introduction into and the spread within the Union territory of Rose Rosette 
Virus . Annual surveys in all Member States ha ve shown  that the virus and its vector 
Phyllocoptes fructiphilus  (Germar) are not present in the Union territory . Based on the 
pest risk analysis of EPPO7, it ha s been found that  the pest and its vector fulfil the 
conditions of Article 3 and Section 1 of Annex I to Regulation (EU) 2016/2031 in 
respect of the Union territory . They should therefore be included in the list of Union 
quarantine pests in Annex II to Implementing Regulation (EU) 2019/2072 , as Union 
quarantine pests not known to be pr esent in the Union territory . As a consequence , the 
special requirements for the introduction of Rosa  L. plants, other than seeds, 
originating in Canada, India or the United States and set out in Implementing 
Regulation (EU) 2022/1265, should be included i n Annex VII to Implementing 
Regulation 2019/2072.  
(9) Ripersiella hibisci  Kawai and Takagi, Sweet potato chlorotic stunt virus and Sweet 
potato mild mottle virus  no longer fulfil the conditions of Article 3 and Section 1 of  
 
3 EPPO (2024) Neofusicoccum laricinum . EPPO datasheets on pests recommended for regulation. 
Available online. https://gd.eppo.int.  
4 Annual Report and Council Recommendations 2022. EPPO Bulletin. 2023;53:675 –690; DOI: 
10.1111/epp.12975.  
5 Pest categorisation  of non -EU Tephritidae . EFSA Journal 2020;18(1):5931, 62 pp. 
https://doi.org/10.2903/j.efsa.2020.5931.  
6 Commission Implementing Regulation (EU) 2022/1265 of 20 July 2022 establishing measures to 
prevent the introduction into and the spread within the Unio n territory of Rose Rosette Virus  (OJ L 192, 
21.7.2022, p. 14 , ELI: http://data.europa.eu/eli/reg_impl/2022/1265/oj ). 
7 EPPO (2018) , Pest risk analysis for Rose rosette virus and its vector Phyllocoptes fructiphilus . 
Available at  https://gd.eppo.int/taxon/RRV000/documents .     
EN 3  EN Annex I to Regulation (EU) 2016/2031  to be listed as Union quarantine pests . This is 
because the impact  of th ose pests  on the host plants , observed by Member States in the 
outbreaks occurring in the Union territory , is not significant . Therefore, the criteri on of 
having an unacceptable economic, social and/or environmental impact on th e Union  
territory is no  longer  fulfilled . Consequently, the special requirements for the plants 
for p lanting, other than dormant plants, plants in tissue culture, seeds, bulbs, tubers, 
corms and rhizomes, laid down  in Annex VII to Implementing Regulation (EU) 
2019/2072 for Sweet potato chlorotic stunt virus and Sweet potato mild mottle virus , 
should be de leted.  
(10) Furthermore,  Draeculacephala minerva  Ball [DRAEMI]  and Draeculacephala sp. 
[1DRAEG] are both listed as Union quarantine pests in Annex II to Implementing 
Regulation (EU) 2019/2072. For reasons of clarity, the entry Draeculacephala 
minerva  Ball [DRAE MI] should be deleted, as it  is a species of the genus 
Draeculacephala  [1DRAEG].  
(11) Tobacco ringspot virus and Tomato ringspot virus are present  on several ornamental 
plants  in the Union territory , but  a limited impact is observed at the occurring 
outbreaks. Eradication measures on those ornamental hosts are thus not justifiable. 
They no longer fulfil the conditions of Article 3 and Section 1 of Annex I to 
Regulation (EU) 2016/2031 in respect to the criter ion of unacceptable environmental, 
social and economic impact  on the Union territory . They should therefore be removed 
from the list of Union quarantine pests in Annex II to Implementing Regulation (EU) 
2019/2072.  As a result , the special requirements for plants for planting of Malus  Mill. 
and Pelargonium  L'Herit. ex Ait., other than seeds, and plants for planting of Prunus  
L. and Rubus  L. set out in Annex VII to Implementing Regulation (EU) 2019/2072 for 
Tomato ringspot virus, should be deleted.  
(12) On the bas is of a methodology developed by EPPO8, it is appropriate to conclude that  
Tobacco ringspot virus fulfils the criteria for RNQPs as set out in Article 36 and  in 
Section 4 of Annex I to Regulation (EU) 2016/2031  for certain host plants . It is 
therefore justified to include that pest in Parts C, H and J of Annex IV to 
Implementing Regulation (EU) 2019/2072, listing RNQPs in relation to vine 
propagating material, se ed of oil and fibre plants and fruit propagating material and 
fruit plants intended for fruit production of Vitis L., Glycine max  (L.) Merr and 
Vaccinium  L., respectively.  Moreover, and in order to prevent the presence of that pest 
on the seeds of Glycine max (L.) Merr, specific measures  should be laid down in Part 
G of Annex V to Implementing Regulation (EU) 2019/2072.  
(13) On the basis of a methodology developed by EPPO8, it is appropriate to conclude that 
Tomato ringspot virus fulfils the criteria for RNQPs a s set out in Article 36 and in 
Section 4 of Annex I to Regulation (EU) 2016/2031  for certain host plants . It is 
therefore justified to include that pest in Parts C and J of Annex IV to Implementing 
Regulation (EU) 2019/2072, listing RNQPs in relation to vi ne propagating material of 
Vitis L. and fruit propagating material and fruit plants intended for fruit production of 
Malus  Mill., Prunus  L., Rubus  L. and Vaccinium  L.  
(14) On the basis of a methodology developed by EPPO8, it is appropriate to conclude that 
Pucciniastrum minimum  (Schweinitz) Arthur fulfils the criteria for RNQPs as set out 
in Article 36 and in Section 4 of Annex I to Regulation (EU) 2016/2031  for certain 
 
8 A methodology for preparing a list of recommended regulated non -quarantine pests (RNQPs). EPPO 
Bulletin (2017) 47(3), p. 551-558. https://doi.org/10.1 111/epp.12420 ]  
EN 4  EN host plants . It is therefore justified to include that  pest in Part J of Annex IV to 
Implementing Regulation (EU) 2019/2072, listing RNQPs in relation to fruit 
propagating material and fruit plants intended for fruit production , of Vaccinium  L. 
with a tolerance threshold of 0%.  
(15) Member States’ experience with Fig mosaic agent has shown the lack of significant 
economic impact  of the presence of  that pest on Ficus carica  L. plants. Consequently, 
that pest no longer fulfils the conditions of Article 36 and in Section 4 of Annex I to 
Regulation (EU) 2016/2031 with respect to its potential unacceptable economic impact 
on the intended use of Ficus carica  L. plants . It should therefore be removed from the 
list of RNQP pests in Part J of Annex IV to Implementing Reg ulation (EU) 
2019/2072.  
(16) In accordance with point 16 of Annex VI to Implementing Regulation (EU) 
2019/2072, the introduction into the Union territory of plants for planting of stolon - or 
tuber -forming species of Solanum  L. or their hybrids, other than the t ubers of Solanum 
tuberosum  L. as specified in point 15  of that Annex , is prohibited.  Those plants also 
include seeds  of Solanum  L. However , the CN codes listed in  point  16 do not include 
the one for seeds of Solanum L. Therefore , and for reasons of clarity  and legal 
certainty,  the CN code for those seeds should be added  in that point . For the same 
reason, the relevant entry of the CN code for seeds of Solanum  L. in Part A of Annex 
XI to that Regulation  should be deleted . 
(17) Certain parts of the territory of Portugal were recognised as a protected zone with 
respect to Gonipterus scutellatus  Gyllenhal. Portugal has requested, in accordance 
with Article 35(2) of Regulation (EU) 2016/2031, that the status of its entire territory 
as a protected zone in respect of that protected zone quarantine pest is withdrawn. 
Following that request, t he entire territory of Portugal should therefore no longer be 
recognised as a protected zone in respect to Gonipterus scutellatus  Gyllenhal, and th e 
relevant entr ies in Annex es III and X to Implementing Regulation (EU) 2019/2072 
should be deleted . 
(18) A recent scientific opinion of the Authority on the probability of introduction of 
Thaumatotibia leucotreta  (Meyrick)  into the Union territory through the imports of cut 
roses9 has concluded that the cut  flowers of Rosa  L. provide an introduction pathway 
for that pest , which is listed in Part A of Annex II to Implementing Regulation (EU) 
2019/2072 as a Union quarantine pest not known to occur in the Union t erritory . 
Given the continu ed non-compliance s of cut flower Rosa  L. consignments due to the 
presence of that pest, established as a result  of border controls in the Union territory , it 
is justified to introduce special requirements in Annex VII to Implementing 
Regulation (EU) 2019/2072  for the introduction  of these plants  into the Union  
territory . 
(19) Aleurocanthus spiniferus  (Quaintance) is a polyphagous Union quarantine pest , 
present in the Union territory. Special requirements exist in Annexes VII an d VIII to 
Implementing Regulation (EU) 2019/2072 for the introduction into, and movement 
within, the Union territory of plant species found infested with th at pest. Further 
surveys for the pest in the Union territory identified infestation s of more host sp ecies. 
Therefore, the list of hosts should include those species . 
 
9 Assessment of the probability of introduction of Thaumatotibia leucotreta  into the European Union 
with import of cut roses. EFSA Journal, 21(10), 1 –166. https://doi.org/10.2903/j.efsa.2023.8107.   
EN 5  EN (20) Requirements concerning the introduction into, and  movement  within, the Union 
territory of certain plants, plant products and other objects  are laid down in 
Commission Decision 2012/697/EU10 to prevent the establishment and spread of  
Pomacea  (Perry). In view of recent findings of this pest at border control inspections, 
those measures should be adapted to ensure freedom of the respective commodities 
from th at pest. For reasons of  legal consistency and clarity, th ose measures  should be 
included in Annex es VII and VIII to Implementing Regulation (EU) 2019/2072 , while 
Decision 2012/697/EU is to be repealed by Commission Implementing Regulation 
(EU) …/…11 (Publication Office please ad d reference) . 
(21) Special requirements exist in Annexes VII and VIII to Implementing Regulation (EU) 
2019/2072 for the introduction into, and movement within, the Union territory of 
certain plant species that host Agrilus planipennis  Fairmaire. Furthermore, those plant 
species are included in the list of plants, plant products and other objects subject to 
phytosanitary certificates or a plant passport of Annexes XI and XIII to Implementing 
Regulation (EU) 2019/2072, respectively. In accordance wi th the pest survey card of 
the Authority12, the plants of Juglans ailantifolia  Carr., Juglans mandshurica  Maxim., 
Ulmus davidiana  Planch. and Pterocarya rhoifolia  Siebold & Zucc have not been 
confirmed as potential hosts of th at pest, while  species of thos e genera were found not 
to be suitable for larval development in field tests . 
(22) Consequently, all the respective references to those plants in Annex es VII, VIII, XI 
and XIII to Implementing Regulation (EU) 2019/2072 should be deleted.  
(23) Furthermore, Article 4 of Commission Implementing Regulation (EU) 2024/43413 lays 
down provisions for derogation s from the establishment of a demarcated area when the 
presence of that pest is officially confirmed. Therefore, and f or reasons of consistency 
and legal clarity, points 26  to 29 of Annex VIII to Implementing Regulation (EU) 
2019/2072 should provide for exempt ing the plants subject to those derogations  from 
the respective requirements . 
(24) Certain CN codes, or their description s, used in Annexes  VI, VII, X, XI and XIII  to 
Implementing Regulation (EU) 2019/2072, should be align ed with the updated codes 
of Annex I to Council Regulation (EEC) No 2658/8714.  
(25) Implementing Regulation (EU) 2019/2072 should therefore be amended accordin gly. 
(26) In order to ensure continuity of the applicable rules and avoid any overlaps, t he listing 
of Rose Rosette Virus and its vector Phyllocoptes fructiphilus  (Germar) , as well as  the 
 
10 Commission Implementing Decision 2012/697/ EU of 8 November 2012 as regards measures to prevent 
the introduction into and the spread within the Union of the genus Pomacea  (Perry) (OJ L 311, 
10.11.2012, p. 14 , ELI: http://data.europa.eu/eli/dec_impl/2012/697/oj ). 
11 Commission Implementing Regulation (EU) …/... of XXX on measures to prevent the establishment 
and spread within the Union territory and to eradicate Pomacea  (Perry) and repealing Commission 
Implementing Decision 2012/697/EU , ELI…  (Publication Office please  add reference)  
12  EFSA (European Food Safety Authority), 2023. Pest survey card on Agrilus planipennis . EFSA 
supporting publication 2023:EN -8479. Available online: 
https://efsa.europa.eu/plants/planthealth/monitoring/surveillance/agrilus -planipennis. 3 
13 Commission Implementing Regulation (EU) 2024/434 of 5 February 2024 on measures to prevent the 
establishment and spread of Agrilus planipennis  Fairmaire within the Union territory (OJ L , 2024/434, 
6.2.2024 , ELI: http://data.europa.eu/eli/reg_impl/2024/434/ oj). 
14 Commission Implementing Regulation (EU) 2023/2364 of 26 September 2023 amending Annex I to 
Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common 
Customs Tariff ( OJ L, 2023/2364, 31.10.2023 , ELI: http://data.europa.eu/eli/reg_impl/2023/2364/oj ).  
EN 6  EN relevant measures  concerning that pest , should apply from 1 August 2024, after the 
end of the application of Implementing Regulation (EU) 2022/1265 . 
(27) The rules on listing of new Union quarantine pests , for which no measures have been 
adopted pursuant to Article 30 of Regulation (EU) 2016/2031 , the rules on listing of 
new RNQP s and the relevant measures, the measures for plants for planting in relation 
to the pest Pomacea  (Perry)  and Aleurocanthus spiniferus  (Quaintance), and the 
measures for the cut flowers of Rosa  L. in relation to the pest Thau matotibia 
leucotreta  (Meyrick) should apply from […] [Six months after the date of the 
publication  of this Regulation ]. Th at period is necessary to allow the competent 
authorities and professional operators to adapt to the new requirements.  
(28) 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 1  
Amendments to Implementing Regulation (EU) 2019/2072  
Implementing Regulation (EU) 2019/2072 is amended in accordance with the Annex to this 
Regulation.  
Article 2 
Entry into force and application  
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union . 
Points (1)(b)(v ) and (c)(ii)  and point (6)(d) of the Annex shall apply from 1 August 2024.  
Points (1)(b)(vii)  and (c)(iv), point (3), point (4), points (6)(a), (e) , (h) and (i) and points (7)(a) 
and (b) of the Annex shall apply from … [ six months after the date of the publication of this 
Regulation ].  
This Regulation shall be binding in its entirety and directly applica ble in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN