COMMISSION IMPLEMENTING REGUL ATION (EU) 2020/1191 
of 11 August 2020 
establishing measures to prev ent the introduction into and the spread within the Union of Tomato 
brown rugose fruit virus (ToBRFV) and repealing Implementing Decision (EU) 2019/1615 
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 30, 
Havi ng regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official 
controls and other official activities perf ormed to ensure the application of food and feed law, rules on animal health and 
welf are, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) 
No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the 
European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council 
Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) 
No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 
89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (2), and in 
particular Article 22(3) and Article 52 thereof, 
Whereas: 
(1) Tomato brown rugose fruit virus (ToBRFV) (‘the specifi ed pest’ ) is currently not liste d as a Union quarantine pest or 
as a Union regulated non-quarantine pest in Commission Implementing Regulation (EU) 2019/2072 (3). 
(2) However , since 2018 Member State s have repor ted outbreak s of the specifi ed pest on tomat o crops in their 
territories and the measures taken to control it. German y, in 2018, and Italy , in 2019, carried out pest risk analyses 
showi ng that the specifi ed pest and its damaging effects could be of significant plant health concer n to the Union, in 
particular for the production of Solanum lycopersicum L. and Capsicum spp. 
(3) Based on this, Commission Implementing Decision (EU) 2019/1615 (4) was adopt ed in order to establish measures 
to prevent the introduction into and the spread within the Union of the specifi ed pest. 
(4) After the adoptio n of Implementing Decision (EU) 2019/1615, more recent scientific information has been collected 
on the spread of the specified pest and on testing methods, which justif ies the need for more detailed measures than 
those provid ed for under Implementing Decision (EU) 2019/1615. 
(5) In particular , seeds of Solanum lycopersicum L. and Capsicum spp. should be tested regar dless of their origin. This is 
necessar y because of the uncer tanties surrounding the presence of the pest worldwide and because seeds of 
differ ent origins are often mixed in the lots when traded, thus increasing the risk of spread of the specifi ed pest. 
(6) Moreover , the establishment of pest free production sites has to be subject to certain measures, in order to ensure 
that health y mater ial is produced. 
(1)OJ L 317, 23.11.2016, p. 4. 
(2)OJ L 95, 7.4.2017, p. 1. 
(3)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). 
(4)Commission Implementing Decision (EU) 2019/1615 of 26 Sept ember 2019 establishing emergency measures to prevent the 
introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV) (OJ L 250, 30.9.2019, p. 91). EN Offi cial Jour nal of the European Union L 262/6                                                                                                                                           12.8.2020   (7) Capsicum spp. varieties which are known to be resistant to the specified pest, are not considered to represent a risk of 
infection and spread of the specifi ed pest. Theref ore, these varieties should be exem pt from the requirements for 
testing if they are officially attest ed as resistant. 
(8) Sampli ng and testing should be carried out under specif ic conditions on the basis of the most recent information 
collect ed at Union and international level. Real time PCR methods are most effective in detecting and identifying the 
specifi ed pest. The ELISA method is less sensitive and less specific since this method was found to cross-react with 
other tomat o viruses. However , due to the COVID-19 pandemic there is a shor tage of kits required for the Real 
Time PCR detection methods. Until 1 October 2020, the ELISA method should also be considered as an acceptable 
method of detecting and identifying the specified pest. This sampli ng and testing should take place in addition to 
the sampli ng for physical checks that takes place in accordance with the provisions of Commission Imp lementing 
Regulation (EU) 2019/2130 (5), to ensure an increased level of phyt osanitar y protection of the Union. 
(9) The conditions for the movement of plants for planting should not apply to plants already produced in accordance 
with Implementing Decision (EU) 2019/1615 because it would not be propor tionate to require additional testing 
for those seeds and because in most of the cases those conditions could not be practically implement ed. 
(10) Annex III to Implementing Regulation (EU) 2019/2130 sets out rules on the operations to be carried out during 
physical checks on plants for planting including sampli ng. In addition to those rules, and in order to adap t the 
frequency of sampli ng and testing in relation to the phyt osanitar y risk of the specified pest, Member State s should 
define the frequency of sampli ng and testing, at impor t, of the consignments of the specifi ed seeds and specified 
plants for planting. The rate of that frequency should not be lower than 20 % of the imported specifi ed seeds and 
specifi ed plants for planting, to ensure that an adequat ely representative sam ple is check ed. 
(11) Implementing Decision (EU) 2019/1615 should be repealed and replaced by this Regulation to take account of 
Regulation (EU) 2016/2031 of the European Parliament and of the Council and of Commission Implementing 
Regulation (EU) 2019/2072, which are applicable since 14 December 2019. 
(12) This Regulation should apply until 31 May 2022 in order to allow the necessar y time for monitoring the situation 
and determining the phytosan itary status of the specifi ed pest in respect of the Union territory and the world 
distr ibution. 
(13) In order to swif tly address the phytosan itary risk of the specifi ed pest, the rules of this Regulation should become 
applicable within the shor test possible dela y. Theref ore, this Regulation should enter into force the third day 
follo wing that of its publication. 
(14) 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 
Def initions 
For the purpose of this Regulation, the followi ng definitions shall apply: 
(a) ‘specif ied pest’ means Tomato brown rugose fruit virus (ToBRFV); 
(b) ‘specif ied plants for planting’ means plants for planting of Solanum lycopersicum L. and Capsicum spp. other than seeds; 
(c) ‘specif ied seeds ’ means seeds of Solanum lycopersicum L. and Capsicum spp; 
(d) ‘specif ied fruits’ means fruits of Solanum lycopersicum L. and Capsicum spp. 
(5)Commission Implementing Regulation (EU) 2019/2130 of 25 Novem ber 2019 establishing detailed rules on the operations to be 
carried out during and after documentar y chec ks, identity chec ks and physical chec ks on animals and goods subject to official controls 
at border control posts (OJ L 321, 12.12.2019, p. 128). EN Offi cial Jour nal of the European Union 12.8.2020                                                                                                                                           L 262/7   Article 2 
Prohibitions concer ning the specif ied pest 
The specif ied pest shall not be introduced into, moved within, or held, multiplied or released within the Union territory . 
Article 3 
Detection or suspected presence of the specif ied pest 
1. Any person within the Union territory who suspects or becomes aware of the presence of the specif ied pest shall 
immediately inform the compet ent author ity and provid e it with all relevant information concer ning the presence, or 
suspecte d presence, of the specif ied pest. 
2. On receiving such information, the compet ent author ity shall: 
(a) immediately record the information provi ded; 
(b) take all necessar y measures to confir m the presence or suspect ed presence of the specifi ed pest ; 
(c) ensure that any person having plants whic h may be infec ted with the specif ied pest under their control is immediate ly 
informed of: 
(i) the presence or the suspecte d presence of the specified pest, and 
(ii) of the possible risks associated with the specifi ed pest and of the measures to be take n. 
Article 4 
Measures concer ning the conf irmed presence of the specif ied pest 
Where the presence or the suspecte d presence of the specifi ed pest is confir med in the territory of a Member State, the 
compet ent author ity of the Member State concer ned shall ensure that appropr iate measures are take n to eradicate the 
specifi ed pest in accordance with Article 17 of Regulation (EU) 2016/2031. 
Article 5 
Sur veys on the presence of the specif ied pest in the Member States 
1. Member State s shall conduct annual surveys for the presence of the specifi ed pest on specifi ed plants for planting, 
specifi ed seeds and specifi ed fruits in their territory , including in places of production of specifi ed seeds and specified 
plants for planting. 
2. Those surveys shall: 
(a) include sampling and testing as laid down in the Annex; and 
(b) be based on: 
(i) the assessed risk of introduction and spread of the specified pest into and within the Member State concer ned, and 
(ii) sound scientifi c and technical principles, with regar d to the possibility to detec t the specifi ed pest. 
3. Member States shall notify the Commission and the other Member States by 30 Apr il of each year of the results of the 
surveys that were carried out during the preceding calendar year. EN Offi cial Jour nal of the European Union L 262/8                                                                                                                                           12.8.2020   Article 6 
Movement of the specif ied plants for planting within the Union 
1. The specified plants for planting may only be mov ed within the Union if they are accompan ied by a plant passpor t 
and if both of the following conditions are fulfilled: 
(a) the specifi ed plants have been grown in a production site where the specifi ed pest is kno wn not to occur , on the basis of 
official inspections carried out at the appropr iate time to detect the specif ied pest, and, where specif ied plants are 
displa ying symp toms of the specifi ed pest, these plants have been subjected to samp ling and testing by the compet ent 
author ity, and these tests have shown them to be free of the specifi ed pest ; 
(b) the lots of the specifi ed plants for planting have been kept separate from other lots of specified plants by applying 
appropr iate hygiene measures and physical separation. 
Sampli ng for testin g, as referred to in this paragraph, shall be carried out as set out in the Annex. 
2. Paragraph 1 shall not apply to: 
(a) specifi ed plants of Capsicum spp. varieties which are known to be resistant to the specified pest ; 
(b) specifi ed plants for planting produced in accordance with Implementing Decision (EU) 2019/1615. 
Article 7 
Movement of the specif ied seeds within the Union 
1. Specified seeds may only be moved within the Union if they are accompan ied by a plant passpor t and if they fulfil all 
of the followi ng conditions: 
(a) their mother plants have been produced in a production site where the specified pest is known not to occur , on the 
basis of official inspections carried out at the appropr iate time to detect the specifi ed pest ; 
(b) they or their mother plants have undergone sam pling and testing for the specified pest by the compet ent author ity, or 
have been subjected to sam pling and testin g by professional operators under official super vision of the compet ent 
author ity, and have been found, according to those tests, to be free from the specifi ed pest ; 
In case of suspicion of the presence of the specifi ed pest, that sampli ng and testing shall only be carried out by the 
compet ent author ities in accordance with point (c) of Article 87(3) of Regulation (EU) 2016/2031. 
(c) the origin of all lots of specified seeds are recorded and documente d. 
2. Specified seeds whic h were still in storage prior to 15 August 2020 shall be sampled and tested for the specifi ed pest 
by the compet ent author ity or by professional operat ors under official super vision of the compet ent author ity, before being 
mov ed within the Union and found free from those pests. 
3. Seed sampling and testin g shall be carried out as set out in the Annex. 
4. Paragraphs 1 and 2 shall not apply to specif ied seeds of Capsicum spp. varieties whic h are known to be resistant to the 
specifi ed pest. 
Article 8 
Ιntroduction into the Union of the specif ied plants for planting 
1. Specified plants for planting, other than the ones of Capsicum spp. varieties which are kno wn to be resistant to the 
specifi ed pest, originating from third countr ies may only be introduced into the Union if they are accompan ied by a 
phytosanitar y certificate which, under the heading ‘Additional declaration’, includes the followi ng elements: 
(a) an official state ment that the specifi ed plants for planting derive from specifi ed seeds whic h have undergone sam pling 
and testing for the specif ied pest as set out in the Annex, and these tests have shown them to be free from the specifi ed 
pest ; EN Offi cial Jour nal of the European Union 12.8.2020                                                                                                                                           L 262/9   (b) an official statement that the specifi ed plants for planting have been produced in a production site which is register ed 
and super vised by the national plant prot ection organisation in the countr y of origin and known to be free from the 
specifi ed pest on the basis of official inspections carried out at the appropr iate time to detect that pest, and, in case of 
symp toms , have undergone official sampli ng and testing for the specifi ed pest and have been found, according to 
those tests, to be free from the specifi ed pest ; 
(c) the name of the registered production site. 
2. Specified plants of Capsicum spp. varieties which are kno wn to be resistant to the specified pest, originating from third 
countr ies, may only be introduced into the Union if they are accompanied by a phytosanitar y certificate, whic h, under the 
heading ‘Additional Declaration’ , conf irms that resistance. 
Article 9 
Introduction of the specif ied seeds into the Union 
1. Specified seeds originating from third countr ies, other than the ones of Capsicum spp. varieties whic h are known to be 
resistant to the specified pest, may only be introduced into the Union if they are accompan ied by a phytosanitar y certificate, 
which , under the heading ‘Additional Declaration’ , contains the followi ng: 
(a) an official statement that all of the followi ng conditions have been fulfilled: 
(i) the mother plants of the specified seeds concer ned have been produced in a production site where the specifi ed 
pest is kno wn not to occur , on the basis of official inspections carried out at the appropr iate time to detect the 
specified pest ; 
(ii) the specified seeds concer ned or their mother plants have undergone offici al sampli ng and testing for the specifi ed 
pest and have been found, according to those tests, to be free from the specified pest ; 
(b) the name of the registered production site. 
2. Specified seeds of Capsicum spp. varieties which are known to be resistant to the specif ied pest, originating from third 
countr ies may only be introduced into the Union if they are accompanied by a phytosan itary certificate, whic h, under the 
heading ‘Additional Declaration’ confir ms that resistance. 
Article 10 
Official checks on introduction into the Union 
No less than 20 % of the consignments of specifi ed seeds and specified plants for planting shall be sampled and tested by 
the compet ent author ity at the border control post of first arrival into the Union, as set out in the Annex. 
Article 11 
Repeal of Implementing Decision (EU) 2019/1615 
Implementing Decision (EU) 2019/1615 is repealed from 15 August 2020. 
Article 12 
Application period 
This Regulation shall apply until 31 May 2022. EN Offi cial Jour nal of the European Union L 262/10                                                                                                                                         12.8.2020   Article 13 
Entr y into force 
This Regulation shall enter into force on the third 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, 11 August 2020.  
For the Commission 
The President 
Ursula VON DER LEYEN     EN Offi cial Jour nal of the European Union 12.8.2020                                                                                                                                         L 262/11   ANNEX 
1. Sampling schemes of seeds, other than seeds of Capsicum spp. varieties which are kno wn to be resis tant to the 
specif ied pest 
Sampli ng of seeds for testing shall be carried out under the follo wing sam pling sche mes depending on the seed lots as 
refer red to in the relevant table of the International Standards for Phyt osanitar y Measures No 31 Methodologies for 
sampli ng of consignments (ISPM31): 
— for seed lots less than or equal to 3 000 seeds: application of a hyperg eometr ic sam pling schem e able to identify 
with 95 % reliability a level of presence of infec ted plants of 10 % or above; 
— for seed lots of more than 3 000 but less than 30 000 seeds: application of a sampli ng scheme able to identify with 
95 % reliability a level of presence of infect ed plants of 1 % or above; 
— for seed lots of more than 30 000 seeds: application of a sampli ng scheme able to identify with 95 % reliability a 
level of presence of infec ted plants of 0,1 % or above. 
Sub samples shall consist of 1 000 seeds maximum for Polymerase Chain Reaction (PCR) methods. 
Sub samples shall consist of 250 seeds maximum for the Enzyme Linked Immuno Sorbent Assa y (ELISA) method. 
2. Sampling schemes of plants for planting, other than those of Capsicum spp. varieties which are kno wn to be 
resist ant to the specif ied pest 
In the case of plants for planting, other than those of Capsicum spp. varieties which are known to be resistant to the 
specifi ed pest, 200 leaves shall be collected per site of production and cultivar , preferably young leaves on the top of 
the plants. 
In case of symp tomatic plants, sampling for testing shall be perf ormed on at least 3 symp tomatic leav es. 
3. Testing methods for detecting and identifying the specif ied pest on seeds, other than seeds of Capsicum spp. 
varieties which are kno wn to be resist ant to the specif ied pest 
One of the followi ng testing methods shall be used for the detection of the specified pest on the specif ied seeds: 
— ELISA, until 1 Octobe r 2020, only for confir mation of pest freedom for the issuance of plant passpor ts or 
phytosanitar y certificates; 
— real-time RT-PCR using the primers and probes descr ibed in the ISF prot ocol (2020) (1) 
— real-time RT-PCR using primers and probe of Menzel and Wint er (Acta Horticultur ae, in press). 
In case of a positive result of the detection test, a second testing method, differ ent from the one used for detection, shall 
be carried out with one of the real-time RT-PCR methods listed abov e, using the same sample to conf irm the 
identif ication. In the case of inconsistency between detection and identif ication results obtained for coated seeds, the 
coating of the seeds shall be removed and the seeds shall be retested. 
4. Testing methods for detecting and identifying the specif ied pest on plants for planting, other than plants for 
planting of Capsicum spp. varieties which are kno wn to be resist ant to the specif ied pest, and on the specif ied 
fruits 
One of the followi ng testing methods shall be carried out for the detection of the specifi ed pest on the specifi ed plants 
for planting, other than specified plants for planting of Capsicum spp. varieties which are known to be resistant to the 
specifi ed pest, and on the specifi ed fruits: 
— ELISA, only for symp toma tic mater ial; 
— conven tional RT-PCR using the primers of Alkowni et al. (2019); 
(1)Prot ocol developed by the International Seed Federation (International Seed Health Initiative for Veget able Crops (ISHI- Veg). EN Offi cial Jour nal of the European Union L 262/12                                                                                                                                         12.8.2020   — conven tional RT-PCR using the primers of Rodriguez-Mendoza et al. (2019); 
— real-time RT-PCR using the primers and probes descr ibed in the ISF prot ocol (2020) (2); 
— real-time RT-PCR using primers and probe of Menzel and Wint er (Acta Horticultur ae, in press). 
In case of a positive result of the detection test, a second testing method, differ ent from the one used for detection, shall 
be carried out with one of the RT-PCR methods listed abov e, using the same sample to conf irm the identification.   
(2)Prot ocol developed by the International Seed Federation (International Seed Health Initiative for Veget able Crops (ISHI- Veg). EN Offi cial Jour nal of the European Union 12.8.2020                                                                                                                                         L 262/13