EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/11438/2021 
(POOL/G1/2021/11438/11438 -EN.docx)  
[…](2022) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Implementing Regulation (EU) 2019/2072 as regards requirements for the 
introduction into the Union of certain fruits of Capsicum (L.), Citrus L., Citrus sinensis 
Pers.,  Prunus persica (L.) Batsch  and Punica granatum L. 
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 requirements for the 
introduction into the Union of certain fruits of Capsicum (L.), Citrus L., Citrus sinensis 
Pers.,  Prunus persica (L.) Batsch  and Punica granatum L. 
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 41(2) thereof,  
Whereas:  
(1) Commission Implementing Regulation (EU) 2019/20722 lays down, in Part A of 
Annex II, the list of Union quarantine pests not known to occur in the Union territory. 
Implementing Regulation (EU) 2019/2072 aims at  prevent ing the entry, establishment 
and spread of such quarantine pests in the Union territory by setting out special 
requirements, in Annex VII thereto, for the introduction into the Union territory of 
certain plants, plant products and other objects.  
(2) Thaumatotibia leucotreta  (Meyrick) (“the  specified pest”) is listed as a Union 
quarantine pest, which is not known to occur in the Union, in Part A of Annex II to 
Implementing Regulation (EU) 2019/2072. I t is also listed as a priority pest  in the 
Annex to  Commission Delegated Regulation (EU) 201 9/17023. The specified  pest is 
polyphagous  and has been intercepted on several host  plants  during border controls in 
the Union  territory .  
(3) Specific import requirements exist for fruits of Capsicum  (L.), Citrus L., other than 
Citrus aurantiifolia  (Christm.) Swingle  and Citrus limon  (L.) Osbeck, for fruits of 
Prunus persica  (L.) Batsch and  of Punica granatum L. to protect the Union territory 
from the specified pest4. Citrus L. is a category which covers fruits of Citrus sinensis 
Pers. 
(4) According to the existing import requirements, information on the country freedom, 
area freedom of th e specified  pest, and the use of a system s approach and any post -
                                              
1 OJ L 317, 23.11.2016, p. 4.  
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 regards 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).  
3 Commission Delegated Reg ulation (EU) 2019/1702 of 1 August 2019 supplementing Regulation (EU) 
2016/2031 of the European Parliament and of the Council by establishing the list of priority pests  (OJ L 
260, 11.10.2019, p. 8).  
4 EPPO (2013) Pest risk analysis for Thaumatotibia leucot reta. EPPO, Paris.  
https://pra.eppo.int/pra/9305d7ed -2788-46dc -882d -b4641fa24fff    
EN 2  EN harvest treatment together with the documentary evidence of the effectiveness  of those 
requirements , need s to be communicated  prior to trade. The availability of th is 
information allows for easier evaluation o f the effectiveness of the current special 
requirements,  which was  documented  by the interceptions  of the specified pest on the  
imported  host commodities .  
(5) As interceptions of th e specified  pest continue  to occur  during border controls in the 
Union  territory , it is justified to amend the special requirements set out in Annex VII 
to Implementing Regulation  (EU)  2019/2072 . In particular , the special requirements  
relating to the freedom of the place of production , the use of post -harvest  treatment s 
and of the system s approach , should be  amended to offer better guarantees of pest 
freedom of the tra ded fruit  commodities .  
(6) The amendment of the special requirements is based on the scientific and technical 
information of the pest risk analysis performed by the European and Mediterranean 
Plant Protection Organisation (“ EPPO ”), and on the commodity risk assessments 
performed by the European Food S afety Authority  for Citrus  spp. fruits imported from 
Israel5 and South Africa6, following a systems approach for the control of the specified 
pest.  
(7) At present,  the requirements established in Annex VII to Implementing Regulation 
(EU) 2019/2072 for fruits of Citrus  L. are also applicable for Citrus sinensis  Pers. 
Based on the interceptions data  of the presence of the specified pest , the fruits of 
Citrus sinensis  Pers. should be  subject to separate  requirements , and not to the same 
requirements as fruits of Citrus  L. This is important  in order to better guarantee their 
freedom from the specified pest . Such requirements should include , within the systems 
approach , a specific regime of cold treatment that can ensure the highest possible 
probability  of pest freedom . 
(8) Correct implementation of the relevant treatment s and, in additio n, further approval of 
facilities , requirements for treatment facilities, monitoring, auditing, documentation 
procedures and record keeping of the applied cold treatment  should be  ensured , as laid 
down in the International Standard for Phytosanitary Measures (ISPM) 427. When the 
cold treatme nt is applied during the transport of the fruits  concerned , the records of the 
data logger s should accompany the phytosanitary certificate  to ensure traceability and 
implementation  of that treatment . 
(9) The measures provided for in this Regulation are in acc ordance with the opinion of the 
Standin g Committee on Plants, Animals, Food and Feed,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Annex VII to Implementing Regulation (EU) 2019/2072 is amended in accordance with the 
Annex to this Regulation.  
                                              
5 Scientific Opinion on the commodity risk assessment of Citrus  L. fruits from Israel for Thauma totibia 
leucotreta  under a systems approach. EFSA Journal 2021;19(3):6427, 36 pp. 
https://doi.org/10.2903/j.efsa.2021.6427.  
6 Scientific Opinion on the commodity risk assessment of Citrus  L. fruits from South Africa for 
Thaumatotibia leucotreta  under a sys tems approach. EFSA Journal;19(8):6799, 63 pp. 
https://doi.org/10.2903/j.efsa.2021.6799.  
7 ISPM 42 ‘Requirements for the use of temperature treatments as phytosanitary measures’.   
EN 3  EN Article 2  
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON D ER LEYEN