COMMISSION IMPLEMENTING REGULATION (EU) 2022/1659

of 27 September 2022

on equivalent requirements for the introduction into the Union of fruits of Citrus sinensis Pers., originating from Israel in view of the risks posed by Thaumatotibia leucotreta

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(3), second subparagraph, and Article 44(1) thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2019/2072 (2) 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 aims at preventing the entry, establishment and spread of such quarantine pests in the Union territory by setting out special requirements, in Annex VII thereto, for the introduction into the Union territory of certain plants, plant products and other objects.

(2) Thaumatotibia leucotreta (Meyrick) (‘the specified pest’) is listed in Part A of Annex II to Implementing Regulation (EU) 2019/2072 as a Union quarantine pest, which is not known to occur in the Union. It is also listed as a priority pest in the Annex to Commission Delegated Regulation (EU) 2019/1702 (3).

(3) Special requirements exist for the introduction into the Union territory of several fruits to protect the Union territory from the specified pest. For fruits of Citrus sinensis Pers. (‘the specified fruits’) those special requirements are set out in point 62.1(d) of Annex VII to Implementing Regulation (EU) 2019/2072 and provide for the option of a systems approach with the application of specific regimes of a cold treatment.

(4) Israel has requested the Commission to recognise its systems approach for the specified fruits as equivalent to the special requirements stipulated at point 62.1(d) of Annex VII to Implementing Regulation 2019/2072.

(5) That systems approach used in regard to the specified fruits includes the fulfilment of requirements taken in the sites of production for the monitoring and control of the specified pest, the inspection of the specified fruits in the site of production and in the packing facilities, traceability requirements and official inspection carried out prior to export. It includes critical points of the inspection procedure in the fields, in the packing facilities and prior to export, resulting in suspension or rejection of export of the specified fruits when the relevant thresholds are not achieved.

(6) The European Food Safety Authority (‘the Authority’) has performed a commodity risk assessment for Citrus spp. fruits imported from Israel (4). That assessment concerned the likelihood of pest freedom as regards the specified pest. Furthermore, recommendations on how to improve Israel’s systems approach were provided. Israel has adapted its systems approach taking those recommendations into account.

(7) Based on the outcome of the risk assessment performed by the Authority, combined with the consistent compliance of the fruits concerned with Union law, it is justified to accept the adapted systems approach of Israel as equivalent to the special requirements set out in point 62.1(d) of Annex VII to Implementing Regulation (EU) 2019/2072.

(8) In order to keep any disruption of trade to a minimum, this Regulation should enter into force on the third day following that of its publication.

(9) This Regulation should apply until 31 May 2025 to allow for its review.

(10) 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 Definitions For the purposes of this Regulation, the following definitions apply: (1) ‘specified pest’ means Thaumatotibia leucotreta (Meyrick); (2) ‘specified fruits’ means fruits of Citrus sinensis Pers.

Article 2 Equivalent requirements The requirements for the introduction into the Union territory of the specified fruits originating in Israel set out in the Annex to this Implementing Regulation shall be considered equivalent to the ones set out in point 62.1(d) of Annex VII to Implementing Regulation (EU) 2019/2072.

Article 3 Phytosanitary certificate When the specified fruits originating in Israel are introduced into the Union territory based on the equivalent requirements as set out in Article 2, they shall be accompanied by a phytosanitary certificate indicating: (a) the production site codes; and (b) under the heading ‘Additional Declaration’ the statement ‘The consignment complies with Commission Implementing Regulation (EU) 2022/1659’.

Article 4 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 until 31 May 2025.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 September 2022. 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 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).

(4) Scientific Opinion on the commodity risk assessment of Citrus L. fruits from Israel for Thaumatotibia leucotreta under a systems approach. EFSA Journal 2021; 19(3):6427, 36 pp. https://doi.org/10.2903/j.efsa.2021.6427.