COMMISSION IMPLEMENTING REGULATION (EU) 2021/759

of 7 May 2021

amending Implementing Regulation (EU) 2019/2072 as regards the exceptions from the requirement of a plant passport, the status of Italy, Ireland, Lithuania, Slovenia and Slovakia or certain areas thereof as protected zones, and the reference to a protected zone in Portugal

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 32(3) and (6), Article 35(1) and (2), and Article 79(2) thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2019/2072 (2) established rules concerning plant passports for the movement within the Union of plants, plant products and other objects. Moreover, in Annex III, that Regulation recognised certain Member States and areas in Member States as protected zones in respect of certain protected zone quarantine pests. Furthermore, certain protected zones were recognised as temporary protected zones until 30 April 2020, in order to allow each Member State concerned to provide all information necessary to show that the pests concerned did not occur in the Member State or area concerned, or to complete or continue the efforts to eradicate the pest concerned.

(2) Experience has shown that the scope of certain rules concerning exceptions from the requirement of a plant passport, as set out in Article 13(2)(b) of Implementing Regulation (EU) 2019/2072, should be extended. In particular, for reasons of consistency and in order to cover all cases of regulated plants, plant products and other objects, such exceptions should also cover seeds of plants, plant products and other objects that are not subject to the implementing acts adopted pursuant to Articles 28(1), 30(1) or 49(1) of Regulation (EU) 2016/2031.

(3) For Italy, the territory of Campania and that of certain parts of Piedmont were recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al. In 2020, Italy submitted information showing that Erwinia amylovora (Burr.) Winsl. et al. is now established in the municipalities of Agerola, Gragnano, Lettere, Pimonte and Vico Equense in the province of Naples, and Amalfi, Atrani, Conca dei Marini, Corbara, Furore, Maiori, Minori, Positano, Praiano, Ravello, Scala and Tramonti in the province of Salerno, and in the entire territory of Piedmont. Those municipalities and the entire territory of Piedmont should therefore no longer be recognised as part of the protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al..

(4) Furthermore, certain parts of the territory of Italy were recognised as a temporary protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al. until 30 April 2020. From survey results provided by Italy in 2019 and 2020, it appears that the protected zone quarantine pest, which was found in sporadic and isolated outbreaks in some parts of the protected zone, has been either eradicated or is under eradication and that the remaining parts of the protected zone continues to be free from that pest. That information also shows that so far none of the eradications has lasted more than two years. Therefore, the recognition of those parts of the territory of Italy as a protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al. should be continued without any time limitation.

(5) The territories of Ireland, Lithuania, Slovenia and Slovakia were recognised as temporary protected zones with respect to Erwinia amylovora (Burr.) Winsl. et al. until 30 April 2020. From survey results provided by Ireland, Lithuania, Slovenia and Slovakia in 2019 and 2020, it appears that the protected zone quarantine pest, which was found in sporadic and isolated outbreaks in some parts of the protected zones, has been either eradicated or is under eradication and that the rest of the protected zone continues to be free from that pest. That information also shows that so far none of the outbreak eradications has lasted more than two years. Therefore, the recognition of the territories of Ireland, Lithuania, Slovenia and Slovakia as protected zones in respect of Erwinia amylovora (Burr.) Winsl. et al. should be continued without any time limitation.

(6) Furthermore, in 2020, Slovakia submitted information showing that Erwinia amylovora (Burr.) Winsl. et al. is now established in the townships of Valice, Jesenské and Rimavská Sobota in the Rimavská Sobota County. Those townships should therefore no longer be recognised as part of the protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al..

(7) Ireland requested that its territory be recognised as a protected zone in respect of Thaumetopoea pityocampa Denis & Schiffermüller. On the basis of surveys conducted in 2018 and 2019, Ireland submitted evidence that the pest concerned does not occur in its territory, despite the existence of favourable conditions for that pest there. It is, however, necessary that further surveys be carried out. Therefore, Ireland should be recognised as a temporary protected zone in respect of Thaumetopoea pityocampa Denis & Schiffermüller until 30 April 2023.

(8) For the purpose of consistency with the amendments of Annex III to Implementing Regulation (EU) 2019/2072, which lists the protected zones and the respective protected zone quarantine pests, the corresponding changes should be made to Annexes IX and X to that Regulation, which list the plants, plant products and other objects whose introduction into certain protected zones is prohibited and the plants, plant products and other objects to be introduced into or moved within protected zones under special requirements, respectively.

(9) On the basis of information received from Portugal, the Terceira island had already been excluded from the protected zone of Portugal in Annex III to Implementing Regulation (EU) 2019/2072 in respect of Gonipterus scutellatus Gyllenhal by Commission Implementing Regulation (EU) 2020/2210 (3), without amending Annex X to Implementing Regulation (EU) 2019/2072. Therefore, it is appropriate to amend the reference to that protected zone in that Annex as well.

(10) Implementing Regulation (EU) 2019/2072 should therefore be amended accordingly.

(11) In the interest of clarity, the amendments relating to areas that had been recognised as protected zones pursuant to Implementing Regulation (EU) 2019/2072 until 30 April 2020 should apply retroactively with effect from 1 May 2020.

(12) 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 Implementing Regulation (EU) 2019/2072 is amended as follows: (1) in Article 13(2), point (b) is replaced by the following: ‘(b) they are not subject to the special requirements of Annex VIII or Annex X to this Regulation or to those provided for by the implementing acts adopted pursuant to Articles 28(1), 30(1) or 49(1) of Regulation (EU) 2016/2031.’; (2) Annex III is amended in accordance with Part 1 of the Annex to this Regulation; (3) Annex IX is amended in accordance with Part 2 of the Annex to this Regulation; (4) Annex X is amended in accordance with Part 3 of 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. However, the following points shall apply from 1 May 2020: — point (2) of Article 1, except point (2) of Part 1 of the Annex; — point (3) of Article 1; — point (4) of Article 1, except point (3) of Part 3 of the Annex.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 May 2021. For the Commission The President Ursula VON DER LEYEN

(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 Implementing Regulation (EU) 2020/2210 of 22 December 2020 amending Annexes III, VI, VII, IX, X, XI and XII to Implementing Regulation (EU) 2019/2072 as regards the requirements concerning the protected zone of Northern Ireland and the prohibitions and requirements for the introduction into the Union of plants, plant products and other objects from the United Kingdom (OJ L 438, 28.12.2020, p. 28).