COMMISSION IMPLEMENTING REGULATION (EU) 2022/632

of 13 April 2022

setting out temporary measures in respect of specified fruits originating in Argentina, Brazil, South Africa, Uruguay and Zimbabwe to prevent the introduction into, and the spread within, the Union territory of the pest Phyllosticta citricarpa (McAlpine) Van der Aa

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 Article 41(2) thereof,

Whereas:

(1) Commission Implementing Decision (EU) 2016/715 (2) lays down measures in respect of fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids other than fruits of Citrus aurantium L. and Citrus latifolia Tanaka (‘the specified fruits’) originating in Argentina, Brazil, South Africa and Uruguay to prevent the introduction into and the spread within the Union territory of Phyllosticta citricarpa (McAlpine) Van der Aa (‘the specified pest’). That Implementing Decision expires on 31 March 2022.

(2) Commission Implementing Regulation (EU) 2019/2072 (3) 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 seeks to prevent the entry, establishment and spread of those pests in the Union territory.

(3) The specified pest is listed as a Union quarantine pest in Annex II to Implementing Regulation (EU) 2019/2072. It is also listed as a priority pest in Commission Delegated Regulation (EU) 2019/1702 (4).

(4) Since 2016, Member States have reported, several non-compliances due to the presence of the specified pest in imports into the Union of the specified fruits originating in Argentina, Brazil, South Africa and Uruguay. As a result, it is necessary to maintain and update the measures set out in Implementing Decision (EU) 2016/715 for each of those countries and, for reasons of clarity, lay them down in a Regulation.

(5) Moreover, a high number of non-compliances due to the presence of the specified pest on the specified fruits originating from Zimbabwe was observed in 2021. This high number of non-compliances from Zimbabwe indicates that the measures set up in point 60 of Annex VII to Implementing Regulation (EU) 2019/2072 are not sufficient to ensure freedom from the specified pest on specified fruits from Zimbabwe and it is therefore necessary to include the specified fruits originating from Zimbabwe in the scope of the temporary measures against the specified pest set up in this Regulation.

(6) To ensure a more effective prevention of the entry of the specified pest into the Union territory, and considering the experience gained with the application of Implementing Decision (EU) 2016/715, it is necessary to lay down additional measures for the specified fruits originating from Argentina, Brazil, South Africa, Uruguay and Zimbabwe.

(7) Those measures are necessary to ensure that the specified fruits originate from places and sites of production registered with, and approved by, the National Plant Protection Organisations (‘the NPPOs’) of Argentina, Brazil, South Africa, Uruguay or Zimbabwe. They are also necessary to ensure that those fruits are accompanied by a traceability code allowing, where necessary due to the detection of the specified pest, to trace back to the site of production. Those measures are also necessary to ensure that specified fruits originate from sites of production where the specified pest has not been found during the preceding and current trade seasons.

(8) The NPPOs of Argentina, Brazil, South Africa, Uruguay or Zimbabwe should also verify the correct application of the treatments in the field, as this has proven to be the most effective way to ensure the absence of the specified pest from the specified fruits.

(9) The specified fruits should also be accompanied by a phytosanitary certificate, which includes the date of inspection, the number of packages from each site of production and the traceability codes. Member States should indicate the traceability codes when notifying non-compliances in the electronic notification system.

(10) Following the revision of the import requirements for the specified fruits originating in Argentina in 2021 which resulted in the amendment of Implementing Decision (EU) 2016/715 by Implementing Decision (EU) 2021/682 (5), the sampling to confirm the correct application of plant protection products in the field should be based on the non-compliances identified upon inspections in the field or at the packing facilities prior to export, or upon checks carried out on consignments at the border control posts in the Union. This is necessary to ensure that sampling is risk based.

(11) Given the high number of non-compliances on specified fruits originating in South Africa, which Member States notified in 2021, it is necessary to increase the requirements for sampling, compared to the respective requirements set out in Implementing Decision (EU) 2016/715, to detect the specified pest on the specified fruits along different stages in the packing house, until they are ready for export.

(12) Given that since 2019 the number of non-compliances notified by Member States on specified fruits originating in Brazil and Uruguay has been low, the application of the measures provided for in Implementing Decision (EU) 2016/715 by these countries has prevented the introduction into and the spread within the Union of Phyllosticta citricarpa. Therefore, those measures should continue to apply to those two countries. However, it is no longer necessary to maintain the obligation for Uruguay to carry out latency testing for Valencia oranges, because the number of non-compliances of the specified pest on those specified fruits has decreased significantly since 2016.

(13) In the light of the European Food Safety Authority’s pest risk assessment (6), imports of specified fruits destined exclusively for processing present a lower risk of transferring the specified pest to a suitable host plant, as they are subject to official controls within the Union and are to comply with specific requirements on movement, processing, storage, containers, packages and labelling. Therefore, it is possible to allow such imports under less strict requirements.

(14) After the physical checks referred to in Article 49 of Regulation (EU) 2017/625 of the European Parliament and the Council (7) have been carried out, the specified fruits, destined exclusively for processing, should directly and without delay be transported to the processing premises or to a storage facility, to ensure the lowest possible phytosanitary risk.

(15) In order to allow the NPPOs, competent authorities and professional operators concerned sufficient time to adapt to the requirements laid down in this Regulation, and to ensure that those requirements apply immediately after the expiration of Implementing Decision (EU) 2016/715, this Regulation should apply from 1 April 2022.

(16) In order to allow for sufficient time for operators in Brazil, Uruguay and Zimbabwe to adjust to the new rules, the requirement that the specified fruits are produced in a site of production where the specified pest has not been found on the specified fruits during the preceding growing and export season, or during official inspections in those countries or during the checks carried out on consignments entering the Union during that growing and export season, should only apply from 1 April 2023 in the cases of the specified fruits originating from those countries. Such deferred application is not necessary for Argentina or South Africa, which have confirmed that they already apply such a requirement.

(17) The phytosanitary risk, caused by the presence of the specified pest in Argentina, Brazil, South Africa, Uruguay and Zimbabwe, and caused by the import of the specified fruits from those third countries into the Union, is still varying every year per third country of origin for the specified fruits. It should thus be further assessed on the basis of the latest technical and scientific developments on the prevention and control of the specified pest. This Regulation should therefore be temporary and expire on 31 March 2025 to allow for its review.

(18) In view of the fact that Implementing Decision (EU) 2016/715 expires on 31 March 2022, and in order for the trade of the specified fruits to take place in accordance with the rules of this Regulation immediately after that expiration, this Regulation should enter into force on the third day after its publication in the Official Journal of the European Union.

(19) 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:

CHAPTER I

GENERAL PROVISIONS

Article 1 Subject matter This Regulation lays down measures in respect of specified fruits originating in Argentina, Brazil, South Africa, Uruguay and Zimbabwe to prevent the introduction into, and the spread within, the Union territory of Phyllosticta citricarpa (McAlpine) Van der Aa.

Article 2 Definitions For the purposes of this Regulation, the following definitions apply: (1) ‘specified pest’ means Phyllosticta citricarpa (McAlpine) Van der Aa; (2) ‘specified fruits’ means fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruits of Citrus aurantium L. and Citrus latifolia Tanaka.

CHAPTER II

INTRODUCTION INTO THE UNION TERRITORY OF SPECIFIED FRUITS, OTHER THAN FRUITS DESTINED EXCLUSIVELY FOR INDUSTRIAL PROCESSING

Article 3 Introduction into the Union territory of specified fruits, other than fruits destined exclusively for industrial processing By way of derogation from point 60(c) and 60(d) of Annex VII to Implementing Regulation (EU) 2019/2072, the specified fruits originating in Argentina, Brazil, South Africa, Uruguay or Zimbabwe, other than fruits destined exclusively for industrial processing, may only be introduced into the Union territory in accordance with Articles 4 and 5 of this Regulation and if all the conditions laid down in Annexes I to V to this Regulation for the respective country have been fulfilled.

Article 4 Prior notification of the consignments of specified fruits for import into the Union The professional operators shall submit the Common Health Entry Document only for the consignments of the specified fruits with the traceability codes of the sites of production included in the updated lists referred to in Annex I, point 9, Annex II, point 7, Annex III, point 9, Annex IV, point 7, and Annex V, point 8.

Article 5 Inspection of the specified fruits within the Union, other than fruits destined exclusively for industrial processing 1. Member States shall ensure that, under their official supervision and through the updated lists referred to in Annex I, point 9, Annex II, point 7, Annex III, point 9, Annex IV, point 7, and Annex V, point 8, the professional operators present for import only consignments originating from the sites of production referred to in Annex I, points 11(a), (b) (c) and (d), and point 12, Annex II, points 9(a), (b), (c) and (d), Annex III, points 11(a) (b), (c) and (d), Annex IV, points 9(a) (b), (c) and (d), and Annex V, points 10(a) (b), (c) and (d). 2. Physical checks shall be carried out on samples of at least 200 fruits of each species of the specified fruits by batches of 30 tonnes, or part thereof, selected on the basis of any possible symptom of the specified pest. 3. Where symptoms of the specified pest are detected during the physical checks referred to in paragraph 2, the presence of that pest shall be confirmed or refuted by testing the specified fruits showing symptoms.

CHAPTER III

INTRODUCTION INTO AND MOVEMENT WITHIN THE UNION OF SPECIFIED FRUITS DESTINED EXCLUSIVELY FOR INDUSTRIAL PROCESSING

Article 6 Introduction into and movement within the Union territory of specified fruits destined exclusively for industrial processing By way of derogation from point 60(e) of Annex VII to Implementing Regulation (EU) 2019/2072, the specified fruits originating in Argentina, Brazil, South Africa, Uruguay or Zimbabwe, destined exclusively for industrial processing, shall only be introduced into, and moved, processed and stored within, the Union territory in accordance with Articles 6 to 10 and if all of the following requirements are fulfilled: (a) the specified fruits have been produced in one of those countries in an approved site of production, which has undergone treatments and cultural measures effective against the specified pest at the appropriate time since the beginning of the last cycle of vegetation, and their application has been verified under the official supervision of the National Plant Protection Organisation (‘the NPPO’) of that country; (b) the specified fruits have been harvested in approved sites of production and no symptoms of the specified pest have been detected throughout an appropriate physical check carried out during packaging; (c) the specified fruits are accompanied by a phytosanitary certificate, which includes all of the following elements: (i) the number of packages from each site of production; (ii) the identification numbers of the containers; (iii) the relevant traceability codes of the sites of production indicated on the individual packages, and under the heading ‘Additional Declaration’ the following statements: ‘The consignment complies with Article 6 of Commission Implementing Regulation (EU) 2022/632’ and ‘Fruits destined exclusively for industrial processing’; (d) they are transported in individual packages in a container; (e) a label is attached to each individual package referred to in point (d), bearing the following information: (i) the traceability code of the site of production on each individual package; (ii) the declared net weight of the specified fruit; (iii) the statement: ‘Fruit destined exclusively for industrial processing’.

Article 7 Movement of the specified fruits within the Union territory 1. The specified fruits shall not be moved to a Member State, other than the Member State through which they have been introduced into the Union territory, unless the competent authorities of the Member States concerned agree to such movement. 2. After the physical checks referred to in Article 49 of Regulation (EU) 2017/625 have been carried out, the specified fruits shall directly and without delay be transported into the processing premises referred to in Article 8(1) or to a storage facility. Any movement of the specified fruits shall be carried out under the supervision of the competent authority of the Member State where the point of entry is situated and, where appropriate, of the Member State where the processing will take place.

Article 8 Processing of the specified fruits 1. The specified fruits shall be processed at premises situated in an area where no citrus fruit is produced. The premises shall be officially registered and approved for that purpose by the competent authority of the Member State in which the premises are situated. 2. Waste and by-products of the specified fruits shall be used or destroyed in the territory of the Member State where those fruits have been processed, in an area where no citrus fruit is produced. 3. The waste and by-products shall be destroyed by deep burial or used by a method approved by the competent authority of the Member State where the specified fruits have been processed, and under the supervision of that competent authority, in a way to prevent any risk of spreading the specified pest. 4. The processor shall keep records of the specified fruits that are processed and make them available to the competent authority of the Member State where the specified fruits have been processed. Those records shall indicate the numbers and distinguishing marks of containers, the volumes of the specified fruits imported, the volumes of waste and by-products used or destroyed and detailed information on their use or destruction.

Article 9 Storage of the specified fruits 1. Where the specified fruits are not processed immediately, they shall be stored at a facility registered and approved for that purpose by the competent authority of the Member State where the facility is situated. 2. The batches of the specified fruits shall remain separately identifiable. 3. The specified fruits shall be stored in a way, which prevents any risk of spreading of specified pest.

CHAPTER IV

FINAL PROVISIONS

Article 10 Notifications When notifying non-compliances, due to the presence of the specified pest on the specified fruits, to the electronic notification system, Member States shall indicate the traceability code of the respective site of production as provided for in Annex I, point 10, Annex II, point 8, Annex III, point 10, Annex IV, point 8, and Annex V, point 9.

Article 11 Date of expiration This Regulation shall expire on 31 March 2025.

Article 12 Entry into force and application 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 1 April 2022. However, Annex II, point 9(d), Annex IV, point 9(d), and Annex V, point 10(d), shall apply from 1 April 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 13 April 2022. For the Commission The President Ursula VON DER LEYEN

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

(2) Commission Implementing Decision (EU) 2016/715 of 11 May 2016 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa (OJ L 125, 13.5.2016, p. 16).

(3) 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).

(4) 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).

(5) Commission Implementing Decision (EU) 2021/682 of 26 April 2021 amending Implementing Decision (EU) 2016/715 as regards specified fruits originating in Argentina (OJ L 144, 27.4.2021, p. 31).

(6) EFSA PLH Panel (EFSA Panel on Plant Health), 2014. Scientific Opinion on the risk of Phyllosticta citricarpa (Guignardia citricarpa) for the EU territory with identification and evaluation of risk reduction options. EFSA Journal 2014;12(2):3557, 243 pp. doi:10.2903/j.efsa.2014.3557.

(7) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, 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 (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).