COMMISSION IMPLEMENTING REGULATION (EU) 2020/1199

of 13 August 2020

amending Annex VI to Implementing Regulation (EU) 2019/2072 to temporarily prohibit the introduction into the Union of certain fruits originating in Argentina to prevent the introduction into and the spread within the Union of 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 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 40(3) thereof,

Whereas:

(1) Article 7 of Commission Implementing Regulation (EU) 2019/2072 (2), in conjunction with Annex VI to that Regulation, establishes a list of plants, plant products and other objects whose introduction into the Union territory is prohibited, together with the third countries, groups of third countries or specific areas of third countries to which the prohibition applies, as provided for in Article 40(2) of Regulation (EU) 2016/2031.

(2) Commission Implementing Decision (EU) 2016/715 (3) 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, originating in Argentina, Brazil, South Africa or Uruguay, to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa (‘the specified pest’).

(3) In May, June, July and first week of August 2020, Member States recurrently notified the Commission of the interceptions of the specified pest on fruits of Citrus limon (L.) N. Burm.f. and Citrus sinensis (L.) Osbeck originating in Argentina (‘the specified fruits’), as a result of their import inspections.

(4) Those recurring interceptions demonstrate that the phytosanitary safeguards currently in place in Argentina are insufficient to prevent the introduction of the specified pest into the Union. Thus, there is an unacceptable phytosanitary risk due to the presence of the specified pest on the specified fruits, and that risk cannot be reduced to an acceptable level by any of the measures set out in points 2 and 3 of Section 1 of Annex II to Regulation (EU) 2016/2031.

(5) As a result, the introduction into the Union of the specified fruits should be temporarily prohibited, regardless whether they are destined exclusively for industrial processing into juice or not.

(6) That temporary prohibition should apply until 30 April 2021 to address the ongoing risk of the introduction into and the spread within the Union of the specified pest, to allow Argentina to upgrade its certification system and to be audited by the Commission. That date should be reviewed as necessary, based on the audit findings.

(7) Annex VI to Implementing Regulation (EU) 2019/2072 should be therefore amended accordingly, while Implementing Decision (EU) 2016/715 should continue applying to all other fruits and third countries concerned.

(8) Due to the urgent need to address the phytosanitary risk caused by the specified pest and specified fruits, this Regulation should enter into force on the second day following that of its publication.

(9) 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 Amendment of Annex VI to Implementing Regulation (EU) 2019/2072 In Annex VI to Implementing Regulation (EU) 2019/2072, the following row is added: ‘21. Citrus limon (L.) N. Burm.f. and Citrus sinensis (L.) Osbeck (until 30 April 2021) ex 0805 50 10 0805 10 22 0805 10 24 0805 10 28 ex 0805 10 80 Argentina’

Article 2 Entry into force This Regulation shall enter into force on the second 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, 13 August 2020. 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 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).