COMMISSION IMPLEMENTING DECISION (EU) 2019/1615 
of 26 September 2019 
establishing emergency measures to prev ent the introduction into and the spread within the 
Union of Tomato brown rugose fruit virus (ToBRFV) 
(notifi ed under document C(2019) 6826) 
THE EUR OPEAN COMMISSION, 
Having regar d to the Treaty on the Functioning of the European Union, 
Having regar d to Council Directive 2000/29/EC of 8 May 2000 on prote ctive measures against the introduction into the 
Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in 
particular the third senten ce of Article 16(3) thereof, 
Whereas: 
(1)  Tomato brown rugose fruit virus (‘the specified orga nism’) is a harmful organism currently not listed in Annex I 
or Annex II to Directive 2000/29/EC. 
(2)  Howe ver, in late 2018 German y and Italy repor ted outbreak s of the specified organism on tomat o crops in their 
territories and of the measures take n to control it. A pest risk analysis carried out by Italy has demonstrated that 
the specifi ed organism and its damaging effects could be of signif icant plant health concer n to the Union, in 
particular for Solanum lycopersicum L. and Capsicum annuum production. 
(3)  Member States should theref ore ensure that any person having under their control plants whic h may be infec ted 
with the specified organism is informed about its potential presence and the measures to be taken. 
(4)  Member States should further more carry out annual surveys for the presence of the specif ied orga nism in their 
territories, to ensure a more pro-active approach against the establishment and spread of that organism. 
(5)  In view of the evidence from Germany and Italy and of the spread of the specif ied organism in a rising number 
of third countr ies, susceptible specifi ed plants for planting, including seed, should be subject to specific measures 
when introduced into the Union and should be accompan ied by a phytosanitar y certificate. 
(6)  Those specific measures should provide for the timely detection of the specified organism in the Union territory , 
requirements for the introduction into the Union of the specif ied plants for planting, including seed, as well as 
official checks to be conduct ed at the introduction of the specifi ed plants for planting including seed into the 
Union. 
(7)  Such measures are necessar y to ensure an enhanced protection of the Union territory from the entr y, 
establishment and spread of the specified organism. 
(8)  In order to allow the responsible official bodies and the profess ional operators to adap t to those requirements, 
this Decision should apply from 1 November 2019. 
(9)  This Decision should be temporar y and apply until 31 March 2022 to allow for its review before that time. 
(10)  The measures provided for in this Decision are in accordance with the opinion of the Standing Committ ee on 
Plants, Animals, Food and Feed, 30.9.2019 L 250/91 Official Jour nal of the European Union EN     
(1)OJ L 169, 10.7.2000, p. 1. HAS ADOPTED THIS DECISION: 
Article 1 
Def initions 
For the purposes of this Decision, the following definitions shall apply: 
(a)  ‘specif ied organism’ means Tomato brown rugose fruit virus (ToBRFV); 
(b)  ‘specif ied plants for planting’ means plants for planting, of Solanum lycopersicum L. and Capsicum annuum; 
Article 2 
Prohibition of introduction and movement within the Union 
The introduction into, and mov ement within, the Union of the specified organism shall be prohibit ed. 
Article 3 
Detection or suspected presence of the specif ied organism 
Member States shall ensure that any person having under its control plants whic h may be infected with the specifi ed 
organism is immediately informed of the presence or the suspected presence of the specifi ed organism, of the possible 
consequences and risks, and of the measures to be take n to prevent the establishment and spread of the specified 
organism. 
Article 4 
Sur veys of the specif ied organism in the territories of the Member States and identif ication 
1. Member States shall conduct annual surveys for the presence of the specifi ed orga nism on host plants in their 
territory . 
2. Those surveys shall be carried out by the responsible official body , or under official super vision of the responsible 
official body . Those surveys shall include laboratory testing and shall be based on sound scientific and technical 
principles with regar d to the possibility to detect the specified organism. 
3. Member States shall notify the Commission and the other Member States, by 31 Januar y of each year, of the 
results of the surveys that were carried out in the preceding calendar year. 
Article 5 
Movement of the specif ied plants for planting within the Union 
The specifi ed plants for planting, originating within the Union territory, may only be moved within the Union if they 
are accompanied by a plant passpor t prepared and issued in accordance with Commission Directive 92/105/EEC (2) and 
if they fulfil one of the followi ng requirements: 
(a)  they originate in areas where the specifi ed organism is known not to occur ; 
(b)  in the case of plants for planting, other than seeds: 
(i)  they originat e in a production site where the specified organism is kno wn not to occur on the basis of official 
inspections carried out at the appropr iate time to detect that organism; and 
(ii)  they derive from seeds which either originate in areas free from the specifi ed organism or have undergone 
official testing for the specified organism on a representative sample using appropr iate methods, and have been 
found, in these tests , to be free of the specifi ed organism; 
(c)  in the case of seeds, official sam pling and testing for the specif ied organism has been carried out, on a representative 
sample using appropr iate methods, and they have been found, in these tests, to be free of the specifi ed organism. 30.9.2019 L 250/92 Official Jour nal of the European Union EN     
(2)Commission Directive 92/105/EEC of 3 December 1992 establishing a degree of standardisation for plant passpor ts to be used for the 
movement of certain plants, plant products or other objects within the Community , and establishing the detailed procedures relate d to 
the issuing of such plant passpor ts and the conditions and detailed procedures for their replacement (OJ L 4, 8.1.1993, p. 22). Article 6 
Requirements for the introduction into the Union of the specif ied plants for planting 
Specified plants for planting shall only be introduced into the Union if they are accompanied by a phyt osanitar y 
certificate refer red to in Article 13(1)(ii) of Directive 2000/29/EC and if they fulfil one of the follo wing requirements: 
(a)  The specifi ed plants for planting shall originate in a third countr y free from the specifi ed organism, as established by 
the national plant protection organisation concer ned, in accordance with the relevant International Standards for 
Phytosanitar y Measures. That information shall be stated in the phyt osanitar y certificate under ‘Additional 
Declaration’ . 
(b)  The specifi ed plants for planting shall originate in an area free from the specified organism, as established by the 
national plant protection organisation concer ned, in accordance with the relevant Internatio nal Standards for 
Phytosanitar y Measures. The name of that area shall be stated in the phytosanitar y certificate under ‘place of origin’ . 
(c)  Where the specified plants for planting originate in third countr ies or areas other than those refer red to in points (a) 
and (b), they shall fulfil the follo wing requirements: 
(i)  in the case of specified plants for planting, other than seeds: 
—  they have been produced in a production site whic h is registered and super vised by the national plant 
prote ction organisation in the countr y of origin and kno wn to be free from the specifi ed organism on the 
basis of official inspections carried out at the appropr iate time to detect that orga nism; and 
—  they derive from seeds whic h either originate in areas free from the specifi ed organism or have undergone 
official testing for the specifi ed organism on a representative sample using appropr iate methods, and have 
been found, in these tests, to be free of the specif ied organism. Reference to the testing shall be included 
under ‘Additional Declaration’ of the phytosan itary certificate. 
Information ensur ing the traceability of the specified plants for planting to their site of production shall be 
available; 
(ii) in the case of seeds, offici al samp ling and testing for the specifi ed organism has been carried out, on a representa ­
tive sample using appropr iate methods, and they have been found, in these tests , to be free of the specified 
organism. Reference to the testing shall be included under ‘Additional Declaration’ of the phytosan itary 
certificate. 
Article 7 
Official checks at introduction into the Union 
All consignments of specifi ed plants for planting introduced into the Union shall be officiall y chec ked at the point of 
entr y into the Union or at the place of destination as provid ed for in accordance with Commission Directive 
2004/103/EC (3). 
Article 8 
Date of application 
This Decision shall apply from 1 November 2019. 
Article 9 
Date of expiration 
This Decision shall apply until 31 March 2022. 30.9.2019 L 250/93 Official Jour nal of the European Union EN     
(3)Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health chec ks of plants, plant products or other objects, 
listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entr y into the 
Community or at a place close by and specifying the conditions relate d to these chec ks (OJ L 313, 12.10.2004, p. 16). Article 10 
Addre ssees 
This Decision is addressed to the Member States. 
Done at Brussels, 26 Sept ember 2019. 
For the Commission 
Vytenis ANDRIUKAITIS 
Member of the Commission  30.9.2019 L 250/94 Official Jour nal of the European Union EN