# L_2020302EN.01002001.xml

| 16.9.2020 | EN | Official Journal of the European Union | L 302/20 |
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16.9.2020

EN

Official Journal of the European Union

L 302/20

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COMMISSION IMPLEMENTING REGULATION (EU) 2020/1292

of 15 September 2020

as regards measures to prevent the entry into the Union of Agrilus planipennis Fairmaire from Ukraine and amending Annex XI to Implementing Regulation (EU) 2019/2072

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/EC (1), and in particular Articles 41(2) and 72(1) thereof,

Whereas:

| (1) | Agrilus planipennis Fairmaire (‘the specified pest’) is listed as a Union quarantine pest in Annex II to Commission Implementing Regulation (EU) 2019/2072 (2). It is also listed as a priority pest in Commission Delegated Regulation (EU) 2019/1702 (3). |
| --- | --- |

(1)

Agrilus planipennis Fairmaire (‘the specified pest’) is listed as a Union quarantine pest in Annex II to Commission Implementing Regulation (EU) 2019/2072 (2). It is also listed as a priority pest in Commission Delegated Regulation (EU) 2019/1702 (3).

| (2) | Import requirements for certain types of plants, wood and isolated bark as regards the specified pest have been established in Annex VII to Implementing Regulation (EU) 2019/2072 for the third countries where the pest is present. According to Part A of Annex XI to that Regulation phytosanitary certificates are required for the introduction into the Union of such plants or plant products from the respective third countries of origin. |
| --- | --- |

(2)

Import requirements for certain types of plants, wood and isolated bark as regards the specified pest have been established in Annex VII to Implementing Regulation (EU) 2019/2072 for the third countries where the pest is present. According to Part A of Annex XI to that Regulation phytosanitary certificates are required for the introduction into the Union of such plants or plant products from the respective third countries of origin.

| (3) | In November 2019, Ukraine confirmed the first official findings of the specified pest on its territory. |
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(3)

In November 2019, Ukraine confirmed the first official findings of the specified pest on its territory.

| (4) | That country is not listed among the third countries the import from which into the Union territory is allowed pursuant to Annex VII to Implementing Regulation (EU) 2019/2072. Therefore, specific measures should be adopted to prevent the possible introduction into the Union of the specified pest present on certain types of plants, wood and isolated bark from Ukraine. |
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(4)

That country is not listed among the third countries the import from which into the Union territory is allowed pursuant to Annex VII to Implementing Regulation (EU) 2019/2072. Therefore, specific measures should be adopted to prevent the possible introduction into the Union of the specified pest present on certain types of plants, wood and isolated bark from Ukraine.

| (5) | Taking into account the phytosanitary risk of specified pest, the respective plants, wood and bark known to be hosts of it and originating from Ukraine, when introduced into the Union, should be accompanied by a phytosanitary certificate including an additional declaration stating that they originate from an area free from the specified organism. Such additional declaration should be established in accordance with the relevant International Standards for Phytosanitary Measures and communicated to the Commission in advance. Certain types of wood should only be imported if appropriate treatment or removal of the bark and part of the outer sapwood has been performed, in order to ensure a higher level of phytosanitary protection. |
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(5)

Taking into account the phytosanitary risk of specified pest, the respective plants, wood and bark known to be hosts of it and originating from Ukraine, when introduced into the Union, should be accompanied by a phytosanitary certificate including an additional declaration stating that they originate from an area free from the specified organism. Such additional declaration should be established in accordance with the relevant International Standards for Phytosanitary Measures and communicated to the Commission in advance. Certain types of wood should only be imported if appropriate treatment or removal of the bark and part of the outer sapwood has been performed, in order to ensure a higher level of phytosanitary protection.

| (6) | As the status of the specified pest in Ukraine needs further confirmation, additional technical and scientific evidence should be obtained to assess the phytosanitary risk that it poses to the Union. Such evidence also needs to be obtained concerning its presence in other third countries, in order to update the respective measures listed in Annex VII to Implementing Regulation (EU) 2019/2072. The measures set out in this Regulation should therefore be reviewed as soon as possible. |
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(6)

As the status of the specified pest in Ukraine needs further confirmation, additional technical and scientific evidence should be obtained to assess the phytosanitary risk that it poses to the Union. Such evidence also needs to be obtained concerning its presence in other third countries, in order to update the respective measures listed in Annex VII to Implementing Regulation (EU) 2019/2072. The measures set out in this Regulation should therefore be reviewed as soon as possible.

| (7) | Annex XI to Implementing Regulation (EU) 2019/2072 should also be amended, in order to require that the respective plants and plant products are introduced from Ukraine into the Union with a phytosanitary certificate. |
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(7)

Annex XI to Implementing Regulation (EU) 2019/2072 should also be amended, in order to require that the respective plants and plant products are introduced from Ukraine into the Union with a phytosanitary certificate.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food, and Feed, |
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(8)

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

Subject matter

This Regulation sets out measures to prevent the entry into the Union of Agrilus planipennis Fairmaire from Ukraine.

Agrilus planipennis

Article 2

Introduction into the Union of plants, wood and isolated bark originating from Ukraine

The plants, wood and isolated bark originating from Ukraine shall only be introduced into the Union if they comply with the respective measures listed in the Annex.

Article 3

Amendment of Annex XI to Implementing Regulation (EU) 2019/2072

Part A of Annex XI to Implementing Regulation (EU) 2019/2072 is amended as follows:

| (a) | in point 3, in the entry ‘Fraxinus L., Juglans L., Pterocarya Kunth and Ulmus davidiana Planch.’, the text in the third column is replaced by ‘Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and the United States’; |
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(a)

in point 3, in the entry ‘Fraxinus L., Juglans L., Pterocarya Kunth and Ulmus davidiana Planch.’, the text in the third column is replaced by ‘Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and the United States’;

Fraxinus

Juglans

Pterocarya

Ulmus davidiana

| (b) | in point 11, in the entry ‘Fraxinus L., Juglans L., Pterocarya Kunth and Ulmus
  davidiana Planch.’, the text in the third column is replaced by ‘Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and the United States’; |
| --- | --- |

(b)

in point 11, in the entry ‘Fraxinus L., Juglans L., Pterocarya Kunth and Ulmus
  davidiana Planch.’, the text in the third column is replaced by ‘Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and the United States’;

Fraxinus

Juglans

Pterocarya

Ulmus

davidiana

| (c) | in point 12, in the entry ‘Fraxinus L., Juglans L., Pterocarya Kunth and Ulmus davidiana Planch., and including wood which has not kept its natural round surface’ the text in the third column is replaced by ‘Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and the United States’. |
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(c)

in point 12, in the entry ‘Fraxinus L., Juglans L., Pterocarya Kunth and Ulmus davidiana Planch., and including wood which has not kept its natural round surface’ the text in the third column is replaced by ‘Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and the United States’.

Fraxinus

Juglans

Pterocarya

Ulmus davidiana

Article 4

Review of the provisional measures

The measures set out in this Regulation are aimed to address phytosanitary risks which are not fully assessed and have a temporary character.

These measures shall be reviewed as soon as possible, and no later than one year after the day of adoption of this Regulation.

Article 5

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 September 2020.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 317, 23.11.2016, p. 4.

1

(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).

2

(3)  Commission Delegated 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).

3

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ANNEX

List of plants, plant products and other objects originating from Ukraine, and the corresponding measures for their introduction into the Union territory, as referred to in Article 2

| Plants, plant products or other objects | CN Code | Measures |
| --- | --- | --- |
| 1. | Plants of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya
  rhoifolia Siebold & Zucc., other than fruit and seeds |

Plants, plant products or other objects

CN Code

Measures

1.

Plants of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya
  rhoifolia Siebold & Zucc., other than fruit and seeds

ex 0602 10 90

ex 0602 20 20

ex 0602 20 80

ex 0602 90 41

ex 0602 90 45

ex 0602 90 46

ex 0602 90 48

ex 0602 90 50

ex 0602 90 70

ex 0602 90 99

ex 0604 20 90

ex 1404 90 00

The plants shall fulfill both of the following conditions:

| (a) | they are accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the plants originate in an area recognised as being free from Agrilus planipennis Fairmaire, established by the national plant protection organisation in Ukraine, in accordance with the relevant International Standards for Phytosanitary Measures, and located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed; |
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(a)

they are accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the plants originate in an area recognised as being free from Agrilus planipennis Fairmaire, established by the national plant protection organisation in Ukraine, in accordance with the relevant International Standards for Phytosanitary Measures, and located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed;

| (b) | the freedom status of that area has been communicated in advance in writing to the Commission by the national plant protection organisation of Ukraine. |
| --- | --- |

(b)

the freedom status of that area has been communicated in advance in writing to the Commission by the national plant protection organisation of Ukraine.

| 2.1. | Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., other than in the form of:






  — | chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees, |
| --- | --- | --- |

2.1.

Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., other than in the form of:

—

chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees,

| — | wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment, |
| --- | --- |

—

wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

| — | but including wood which has not kept its natural round surface, and furniture and other objects made of untreated wood. |
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—

but including wood which has not kept its natural round surface, and furniture and other objects made of untreated wood.

ex 4401 12 00

ex 4403 12 00

ex 4403 99 00

ex 4404 20 00

ex 4406 12 00

ex 4406 92 00

4407 95 10

4407 95 91

4407 95 99

ex 4407 99 27

ex 4407 99 40

ex 4407 99 90

ex 4408 90 15

ex 4408 90 35

ex 4408 90 85

ex 4408 90 95

ex 4416 00 00

ex 9406 10 00

The wood fulfils one of the following conditions:

| (a) | it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the wood originates in a specifically indicated area recognised as being free from Agrilus planipennis Fairmaire, established by the national plant protection organisation of Ukraine, in accordance with the relevant International Standards for Phytosanitary Measures, located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed, and the freedom status of that area has been communicated in advance in writing to the Commission by the national plant protection organisation of Ukraine; |
| --- | --- |

(a)

it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the wood originates in a specifically indicated area recognised as being free from Agrilus planipennis Fairmaire, established by the national plant protection organisation of Ukraine, in accordance with the relevant International Standards for Phytosanitary Measures, located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed, and the freedom status of that area has been communicated in advance in writing to the Commission by the national plant protection organisation of Ukraine;

| (b) | it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the bark and at least 2,5 cm of the outer sapwood have been removed in a facility authorised and supervised by the national plant protection organisation of Ukraine; |
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(b)

it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the bark and at least 2,5 cm of the outer sapwood have been removed in a facility authorised and supervised by the national plant protection organisation of Ukraine;

| (c) | it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood. |
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(c)

it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood.

| 2.2 | Wood in the form of chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or in part from Fraxinus L., Juglans ailantifolia Carr., Juglans
  mandshurica Maxim., Ulmus
  davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc. |
| --- | --- |

2.2

Wood in the form of chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or in part from Fraxinus L., Juglans ailantifolia Carr., Juglans
  mandshurica Maxim., Ulmus
  davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc.

ex 4401 22 00

ex 4401 40 10

ex 4401 40 90

The wood fulfils both of the following conditions:

| (a) | it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the wood originates in a specifically indicated area recognised as being free from Agrilus planipennis Fairmaire, established by the national plant protection organisation in Ukraine, in accordance with the relevant International Standards for Phytosanitary Measures, located at a minimum distance of 100 km to the closest known area from the place where the presence of the specified pest has been officially confirmed; |
| --- | --- |

(a)

it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the wood originates in a specifically indicated area recognised as being free from Agrilus planipennis Fairmaire, established by the national plant protection organisation in Ukraine, in accordance with the relevant International Standards for Phytosanitary Measures, located at a minimum distance of 100 km to the closest known area from the place where the presence of the specified pest has been officially confirmed;

| (b) | the freedom status of that area has been communicated in advance in writing to the Commission by the national plant protection organisation of Ukraine. |
| --- | --- |

(b)

the freedom status of that area has been communicated in advance in writing to the Commission by the national plant protection organisation of Ukraine.

| 3. | Isolated bark and objects made of bark of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc. |
| --- | --- |

3.

Isolated bark and objects made of bark of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc.

ex 1404 90 00

ex 4401 40 90

The bark shall fulfil both of the following conditions:

| (a) | it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that an official statement is provided that the bark originates in a specifically indicated area recognised as being free from Agrilus planipennis Fairmaire, established by the national plant protection organisation of Ukraine, in accordance with the relevant International Standards for Phytosanitary Measures, located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed; |
| --- | --- |

(a)

it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that an official statement is provided that the bark originates in a specifically indicated area recognised as being free from Agrilus planipennis Fairmaire, established by the national plant protection organisation of Ukraine, in accordance with the relevant International Standards for Phytosanitary Measures, located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed;

| (b) | the freedom status of that area has been communicated in advance in writing to the Commission by the national plant protection organisation of Ukraine. |
| --- | --- |

(b)

the freedom status of that area has been communicated in advance in writing to the Commission by the national plant protection organisation of Ukraine.

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