COMMISSION IMPLEMENTING REGUL ATION (EU) 2022/959 
of 16 June 2022
amending Annex VII to Implementing Regulation (EU) 2019/2072 as regards requirements for the 
introduction into the Union of certain fruits of Capsicum (L.), Citr us L., Citr us sinensis Pers., Prunus 
persica (L.) Batsch and Punica granatum L. 
THE EUR OPEAN COMMISSION,
Havi ng regar d to the Treaty on the Functioning of the European Union,
Havi ng regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on 
prote ctive 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 (1), and in particular Article 41(2) thereof,
Whereas:
(1) Commission Imp lementing Regulation (EU) 2019/2072 (2)lays down , in Part A of Annex II, the list of Union 
quarantine pests not known to occur in the Union territory. Imple menting Regulation (EU) 2019/2072 aims at 
preventing the entr y, 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 (Meyr ick) (‘the specified pest’) is listed as a Union quarantine pest, whic h is not known to 
occur in the Union, in Part A of Annex II to Implementing Regulation (EU) 2019/2072. It is also listed as a priority 
pest in the Annex to Commission Delegat ed Regulation (EU) 2019/1702 (3). The specified pest is polyphagous and 
has been intercept ed on several host plants during border controls in the Union territory.
(3) Specifi c impor t requirements exist for fruits of Capsicum (L.), Citrus L., other than Citrus aurantiifolia (Chr istm.) 
Swing le and Citrus limon (L.) Osbeck, for fruits of Prunus persica (L.) Batsc h and of Punica granatum L. to prot ect the 
Union territory from the specified pest (4). Citrus L. is a cate gory which covers fruits of Citrus sinensis Pers.
(4) According to the existing impor t requirements, information on the countr y freedom, area freedom of the specified 
pest, and the use of a syste ms approac h and any post-har vest treatment together with the documentar y evidence of 
the effectiveness of those requirements, needs to be communicated prior to trade. This information should allow for 
an easier evaluation of the effectiveness of the current special requirements. That effectiveness should be measured 
depending on the number of non-compliances due to the specified pest on the imported host commodities.
(5) As non-com pliances of consignments with the specific import requirements due to the presence of the specifi ed pest 
on the host commodities continue to occur during border controls in the Union territory , it is justif ied 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-har vest treatments and of the 
systems approach, should be amended to offer better guarant ees of pest freedom of the traded fruit commodities.
(1)OJ L 317, 23.11.2016, p. 4.
(2)Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing unif orm conditions for the 
impl ementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regar ds protective measures agai nst 
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 Delegat ed Regulation (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 leucotreta. EPPO, Paris. https://pra.eppo.int/pra/9305d7ed-2788-46dc-882d- 
b4641f a24fffEN Offi cial Jour nal of the European Union L 165/30 21.6.2022  (6) The amendment of the special requirements is based on the scientifi c and technical information of the pest risk 
analysis performed by the European and Mediterr anean Plant Prote ction Org anisation (‘EPPO’), on the commodity 
risk assessments performe d by the European Food Safety Auth ority for Citrus spp. fruits imported from Israel (5)
and South Africa(6), on the relevant scientifi c literature and on comments received from third countr ies follo wing a 
consultation within the World Trade Organisation (Sanitar y and Phytosanitar y Measures Agreement).
(7) The respective approval of facilities, requirements for treatment facilities, monitori ng, auditing, documentation 
procedures and record keeping of the applied treatment should be ensured, in order to guarant ee phytosan itary 
safety and traceability .
(8) 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 non-com pliance data due to the presence of the 
specifi ed pest on Citrus fruits, the fruits of Citrus sinensis Pers. should be subject to separate requirements, and not to 
the same requirements as other fruits of Citrus L. This is imp ortant in order to better ensure their freedom from the 
specifi ed pest. Such requirements should include a systems approach with a specifi c regime of cold treatment, 
possibly with a precooling step in order to ensure the highest possible probability of pest freedom.
(9) To allow compet ent author ities and profess ional operators to adapt to the systems approach, for Citrus sinensis Pers., 
an alternative and temporar y requirement of a systems approach, which includes a precooling step of the pulp of the 
fruit to 5 °C, followed by a cold treatment for at least 25 days at a set temperature between – 1 °C and +2 °C should 
be provided for until 31 December 2022 .
(10) In the case of Citrus sinensis Pers., when the cold treatment is applied during the transpor t of the fruits concer ned, 
records on the application of that treatment should be kept and made available upon request.
(11) This Regulation should enter into force and apply as soon as possible in order for the reinf orced requirements, whic h 
increase the prote ction of the Union against this pest, to be implemented within the shor test time, in order to take 
account of consignments of the specified fruits in transpor t to the Union at the time of entr y into force of this 
Regulation.
(12) The measures provid ed for in this Regulation are in accordance with the opinion of the Standing Committ ee on 
Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGUL ATION:
Article 1
Annex VII to Implementing Regulation (EU) 2019/2072 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European 
Union.
It shall apply from 14 July 2022 .
(5)Scientific Opinion on the commodity risk assessment of Citrus L. fruits from Israel for Thaumatotibia leucotre ta under a systems 
approac h. 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 leucotre ta under a systems 
approac h. EFSA Journal;19(8):6799, 63 pp. https://doi.org/10.2903/j.efsa.2021.6799EN Offi cial Jour nal of the European Union 21.6.2022 L 165/31  This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 June 2022 .
For the Commission
The President
Ursula VON DER LEYENEN Offi cial Jour nal of the European Union L 165/32 21.6.2022  ANNEX 
The table of Annex VII to Implementing Regulation (EU) 2019/2072 is amended as follows :
(1) point 62 is replaced by the following:
‘62. Fruits of Capsicum 
(L.), Citrus L., other 
than Citrus 
aurantiifo lia 
(Chr istm.) Swing le 
Citrus limon (L.) 
Osbec k. and Citrus 
sinensis Pers., Prunus 
persica (L.) Batsc h 
and Punica granatum 
L.0709 60 10
0709 60 91
0709 60 95
0709 60 99
ex 0805 10 80
ex 0805 21 10
ex 0805 21 90
ex 0805 22 00
ex 0805 29 00
ex 0805 40 00
ex 0805 50 10
ex 0805 90 00
0809 30 10
0809 30 90
ex 0810 90 75Countr ies of the 
African continent, 
Cape Verde, Saint 
Helena, 
Madagasca r, La 
Reunion, Maur itius 
and IsraelOfficial statement that:
(a) the fruits originat e in a countr y 
recognised as being free from 
Thaumatotibia leucotreta (Meyr ­
ick) in accordance with the rele­
vant International Standards for 
Phytosanitar y Measures, pro­
vided that this freedom status 
has been communicated in ad­
vance in writing to the Commis ­
sion by the national plant pro­
tectio n organisation of the 
countr y of origin,
or
(b) the fruits originat e in an area 
established by the national plant 
prote ction organisation in the 
countr y of origin as being free 
from Thaumatotibia leucotreta 
(Meyr ick), in accordance with 
the Internati onal Standard for 
Phytosanitar y Measures ISPM 4 
(*). The pest free area is men ­
tioned on the phytosanitar y cer­
tificate, provided that this free­
dom status has been 
communicated in advance in 
writing to the Commission by 
the national plant protection or­
gani sation of the countr y of 
origin,
or
(c) the fruits:
(i)originate in a place of pro­
duction established by the 
national plant protection or­
ganis ation in the countr y of 
origin as being free from 
Thaumatotibia leucotreta 
(Meyr ick) in accordance with 
the Internati onal Standard 
for Phytosan itary Measures 
ISPM 10(**), and whic h is in­
cluded in the list of place of 
production codes that has 
been communicated in ad­
vance in writing to the Com ­
mission by the national plant 
protection organisation of 
the countr y of origin,EN Offi cial Jour nal of the European Union 21.6.2022 L 165/33  and
(ii) have been subjected to offici al 
inspections carried out in the 
place of production at appropr i­
ate times during the growing 
season and prior to expor t, in­
cluding a visual examination 
with an intensi ty to enable at 
least the detection of a 2 % level 
of infestation, with a level of 
conf idence of 95 % in accor ­
dance with the International 
Standard for Phytosanitar y Mea ­
sures ISPM 31 (***) and including 
destr uctive samp ling in case of 
symp toms, and have been found 
to be free from Thaumatotibia 
leucotreta (Meyr ick),
and
(iii) are accompanied by a phyt osa­
nitar y certificate that indicates 
the place of production codes,
or
(d) the fruits
(i)have been produced in an 
appro ved site of production, 
whic h is included in the list 
of production site codes that 
has been communicated in 
advance in writing to the 
Commission by the national 
plant prote ction organisa ­
tion of the countr y of origin,
and
(ii) have been subjected to an effec­
tive systems approach to ensure 
freedom from Thaumatotibia leu­
cotreta (Meyr ick), in accordance 
with the Internatio nal Standards 
for Phytosanitar y Measures 
ISPM 14(*****), or an effective 
stand-alone post-har vest treat ­
ment to ensure freedom from 
Thaumatotibia leucotr eta (Meyr ­
ick), provi ded that the respective 
systems approach used or the 
post-har vest treatment, to­
gether with documentar y evi­
dence of its effectiveness, have 
been communicate d in advance 
in writing to the Commission by 
the national plant prote ction or­
ganis ation of the countr y of ori­
gin and that post-har vest treat ­EN Offi cial Jour nal of the European Union L 165/34 21.6.2022  ment has been assessed by the 
European Food Safety Author ­
ity,
and
(iii) prior to expor t, have been sub­
jected to official inspections for 
the presence of Thaumatotibia 
leucotr eta (Meyr ick), with an in­
tensity to enable at least the de­
tection of 2 % level of infesta­
tion, with a level of conf idence 
of 95 % in accordance with the 
International Standard for Phy­
tosa nitar y Measures ISPM 31 
(***) and including destr uctive 
sam pling in case of symp toms,
and
(iv) are accompanied by a phyt osa­
nitar y certificate that indicates 
the production site codes and 
mentions the details of the 
post-har vest treatment used, 
or the use of the system s ap­
proach. ’
(2) the following point 62.1 is inser ted between points 62 and 63:
‘62.1 Fruits of Citrus 
sinensis Pers.0805 10 22
0805 10 24
0805 10 28
ex 0805 10 80Countr ies of the 
African continent, 
Cape Verde, Saint 
Helena, 
Madagasca r, La 
Reunion, Maur itius 
and IsraelOfficial statement that:
(a) the fruits originat e in a countr y 
recognised as being free from 
Thaumatotibia leucotreta (Meyr ­
ick) in accordance with relevant 
Internati onal Standards for Phy­
tosan itary Measures, provid ed 
that this freedom status has been 
communicated in advance in 
writing to the Commission by 
the national plant protect ion or­
ganis ation of the countr y of 
origin,
or
(b) the fruits originat e in an area 
established by the national plant 
prote ction organisation in the 
countr y of origin as being free 
from Thaumatotibia leucotreta 
(Meyr ick), in accordance with 
the Internati onal Standard for 
Phytosanitar y Measures ISPM 4 
(*). The pest free area is men ­
tioned on the phytosanitar y cer­
tificate, provided that this free­EN Offi cial Jour nal of the European Union 21.6.2022 L 165/35  dom status has been communi ­
cated in advance in writing to 
the Commission by the national 
plant prote ction organisation of 
the countr y of origin,
or
(c) the fruits
(i)originate in a place of pro­
duction established by the 
national plant protection or­
ganis ation in the countr y of 
origin as being free from 
Thaumatotibia leucotreta 
(Meyr ick) in accordance with 
the Internati onal Standard 
for Phytosan itary Measures 
ISPM 10(**), and whic h is in­
cluded in the list of place of 
production codes that has 
been communicated in ad­
vance in writing to the Com ­
mission by the national plant 
protection organisation of 
the countr y of origin,
and
(ii) have been subjected to offici al 
inspections carried out in the 
place of production at appropr i­
ate times during the growing 
season and prior to expor t, in­
cluding a visual examination 
with an intensi ty to enable at 
least the detection of a 2 % level 
of infestation, with a level of 
conf idence of 95 % in accor ­
dance with the International 
Standard for Phytosanitar y Mea ­
sures ISPM 31 (***) and including 
destr uctive samp ling in case of 
symp toms, and found to be free 
from Thaumatotibia leucotreta 
(Meyr ick),
and
(iii) are accompanied by a phyt osa­
nitar y certificate that indicates 
the place of production codes,EN Offi cial Jour nal of the European Union L 165/36 21.6.2022  or
(d) the fruits:
(i)have been produced in an 
appro ved site of production, 
whic h is included in the list 
of production site codes that 
has been communicated in 
advance in writing to the 
Commission by the national 
plant prote ction organisa ­
tion of the countr y of origin,
and
(ii) have been subjected to:
— an effective systems 
approach, whic h includes a 
cold treatment of 0 °C to – 1 ° 
C for at least 16 days, in 
accordance with the rele­
vant Intern ational Standards 
for Phytosanitar y Measures 
ISPM 14(*****) and ISPM 42 
(****), provided that the cold 
treatment has been docu ­
mented and chec ked for 
each consignment by the 
expor ting third countr y 
and the system s approach, 
together with documentar y 
evidence of its effectiveness, 
have been communicated in 
advance in writing to the 
Commission by the national 
plant prot ection organisa ­
tion of the countr y of origin,
or
— an effective systems 
approach in accordance 
with the International Stan ­
dard for Phytosan itary Mea ­
sures ISPM 14(*****), which 
includes a precooling step 
of the pulp of the fruit to 
the temperature of the cold 
treatment applied, follo wed 
by that cold treatment for at 
least 20 days at a set tem­
perature between – 1 °C 
and +2 °C, provid ed that 
the precooling step and the 
cold treatment have been 
documented and check ed 
for each consignment by EN Offi cial Jour nal of the European Union 21.6.2022 L 165/37  the expor ting third countr y, 
and provid ed that the sys­
tems approach, together 
with documentar y evidence 
of its effectiveness, have 
been communicat ed in 
advance in writing to the 
Commission by the national 
plant prot ection organisa ­
tion of the countr y of origin,
or
— an effective stand-alone 
post-har vest treatment to 
ensure freedom from Thau ­
matotibia leucotreta (Meyr ­
ick), provid ed that that 
post-har vest treatment, 
together with documentar y 
evidence of its effectiveness 
has been communicate d in 
advance in writing to the 
Commission by the national 
plant prot ection organisa ­
tion of the countr y of origin 
and has been assessed by the 
European Food Safe ty 
Auth ority,
or
— until 31 December 2022 , an 
effective systems approach 
in accordance with the Inter ­
national Standard for Phyto­
sanitar y Measures ISPM 14 
(*****), which includes a pre­
cooling step of the pulp of 
the fruit to 5 °C, followed by 
a cold treatment for at least 
25 days at a set temperature 
between – 1 °C and +2 °C, 
provid ed that the precooling 
step and the cold treatment 
have been documented and 
check ed for each consign ­
ment by the expor ting 
third countr y, and provid ed 
that the systems approach, 
together with documentar y 
evidence of its effectiveness, 
have been communicated in 
advance in writing to the 
Commission by the national 
plant prot ection organisa ­
tion of the countr y of origin,EN Offi cial Jour nal of the European Union L 165/38 21.6.2022  and
(iii) prior to expor t have been sub­
jected to official inspections for 
the presence of Thaumatotibia 
leucotr eta (Meyr ick), with an in­
tensity to enable at least the de­
tection of a 2 % level of infesta­
tion, with a level of conf idence 
of 95 % in accordance with the 
International Standard for Phy­
tosa nitar y Measures ISPM 31 
(***) and including destr uctive 
sam pling in case of symp toms,
and
(iv) are accompanied by a phyt osa­
nitar y certificate that indicates 
the production site codes, men ­
tions details of the post-har vest 
treatment used or the use of the 
systems approac h together with 
the set temperature used and 
the duration of the cold treat ­
ment applied in that systems 
approach ;
and
(v) in case the cold treatment has 
been applied during transpor t, 
in addition to the phyt osanitar y 
certificate, records on the appli ­
cation of the treatment have 
been kept and made available 
upon request.
(*) ISPM 4 “Requirements for the establishment of pest free areas”.
(**) ISPM 10 “Requirements for the establishment of pest free places of production and pest free production site” .
(***) ISPM 31 “Methodologies for sam pling of consignments”.
(****) ISPM 42 “Requirements for the use of temperature treatments as phytosanitar y measures”.
(*****) ISPM 14 “The use of integrat ed measures in a systems approach for pest risk manag ement”.’EN Offi cial Jour nal of the European Union 21.6.2022 L 165/39