COMMISSION IMPLEMENTING REGULATION (EU) 2022/490

of 25 March 2022

amending Implementing Regulation (EU) 2018/2019 as regards certain plants for planting of Juglans regia L., Nerium oleander L. and Robinia pseudoacacia L. originating in Turkey, and amending Implementing Regulation (EU) 2020/1213 as regards the phytosanitary measures for the introduction of those plants for planting into the Union territory

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 42(4), third subparagraph, thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2018/2019 (2) establishes, on the basis of a preliminary assessment, a list of high risk plants, plant products and other objects.

(2) Commission Implementing Regulation (EU) 2018/2018 (3) lays down specific rules concerning the procedure to be followed, in order to carry out the risk assessment referred to in Article 42(4) of Regulation (EU) 2016/2031 for high risk plants, plant products and other objects.

(3) Following a preliminary assessment, 34 genera and one species of plants for planting, originating from all third countries, were included in the Annex to Implementing Regulation (EU) 2018/2019 as high risk plants, amongst which are the genera Juglans L., Nerium L. and Robinia L.

(4) In accordance with Regulation (EU) 2016/2031, if it is concluded, on the basis of a risk assessment, that a plant, plant product or other object originating in a third country, group of third countries or a specific area of the third country concerned, poses an unacceptable pest risk, but that that risk can be reduced to an acceptable level by applying certain measures, the Commission is to remove that plant, plant product or other object from the list established by the Annex to Implementing Regulation (EU) 2018/2019 and add it to the list referred to in Article 41(2) of Regulation (EU) 2016/2031.

(5) That list is provided for by Commission Implementing Regulation (EU) 2020/1213 (4).

(6) On 9 August 2019, Turkey submitted to the Commission a request for export to the Union of two-year-old grafted plants for planting of Juglans regia L., which are bare-rooted, free of leaves and with a maximum diameter of 2 cm at the base of the stem. That request was accompanied by the respective technical dossier.

(7) On 19 May 2021, the European Food Safety Authority (‘the Authority’) adopted a scientific opinion regarding the commodity risk assessment of Juglans regia L. plants for planting from Turkey (5). The Authority identified Anoplophora chinensis, Euzophera semifuneralis, Garella musculana, Lasiodiplodia pseudotheobromae and Lopholeucaspis japonica as pests relevant for those plants for planting, evaluated the risk mitigation measures described in the dossier for those pests and estimated the likelihood of their freedom from those pests.

(8) On 27 November 2019, Turkey submitted to the Commission a request for export to the Union of one-to-four-year-old plants for planting with growing medium of Nerium oleander L. That request was accompanied by the respective technical dossier.

(9) On 25 March 2021, the Authority adopted a scientific opinion regarding the commodity risk assessment of Nerium oleander L. plants for planting from Turkey (6). The Authority identified Phenacoccus solenopsis as pest relevant for those plants for planting, evaluated the risk mitigation measures described in the dossier for that pest and estimated the likelihood of their freedom from that pest.

(10) On 27 November 2019, Turkey submitted to the Commission a request for export to the Union of three-to-seven-year-old, bare-rooted plants for planting and plants in growing medium of Robinia pseudoacacia L. That request was accompanied by the respective technical dossier.

(11) On 25 March 2021, the Authority adopted a scientific opinion regarding the commodity risk assessment of Robinia pseudoacacia L. plants from Turkey (7). The Authority identified Anoplophora chinensis, Lopholeucapsis japonica, and Pochazia shantungensis as pest relevant for those plants for planting, evaluated the risk mitigation measures described in the dossier for those pests and estimated the likelihood of their freedom from those pests.

(12) On the basis of those opinions, the measures necessary to address the risk of those pests should be adopted as phytosanitary import requirements, in order to ensure that the phytosanitary risk from introduction of the specified plants into the Union is reduced to an acceptable level.

(13) Therefore, the following plants should be removed from the Annex to Implementing Regulation (EU) 2018/2019: plants for planting of Juglans regia L. originating in Turkey, which are up to 2 years old, bare rooted, free of leaves and with a maximum diameter of 2 cm at the base of the stem, plants for planting of Nerium oleander L. originating in Turkey which are up to 4 years old, and plants for planting of Robinia pseudoacacia L. originating in Turkey which are up to 7 years old and with a maximum diameter of 25 cm. Those plants for planting should be added to the Annex to Implementing Regulation (EU) 2020/1213 and, if applicable, the necessary phytosanitary import measures should be set out therein.

(14) Given the uncertainties identified in those dossiers by the Authority, the sole application of the measures proposed by Turkey in the dossiers cannot reduce to an acceptable level the risk from the introduction of the specified plants into the Union. In order to reduce the phytosanitary risk to such a level, it should be required that those plants have been grown in pest-free sites of production, in addition to the measures already proposed in the dossiers by Turkey.

(15) Anoplophora chinensis and Lopholeucaspis japonica are listed as Union quarantine pests in Annex II to Commission Implementing Regulation (EU) 2019/2072 (8). Euzophera semifuneralis, Garella musculana, Lasiodiplodia pseudotheobromae, Phenacoccus solenopsis and Pochazia shantungensis are not yet included in that list but may fulfil the conditions to be included once a complete risk assessment has been carried out.

(16) In line with Article 42(5) of Regulation (EU) 2016/2031, the risk assessment will be carried out within a reasonable period of time. However, given the demand for imports, temporary phytosanitary measures concerning Euzophera semifuneralis, Garella musculana, Lasiodiplodia pseudotheobromae, Phenacoccus solenopsis and Pochazia shantungensis are necessary and appropriate until the risk assessment has been completed.

(17) In order to comply with obligations deriving from the World Trade Organization Agreement on the application of sanitary and phytosanitary measures (9), the import of those commodities in the Union should start within the shortest possible delay. Therefore, this Regulation should enter into force on the third day following that of its publication in the Official Journal of the European Union.

(18) 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 Implementing Regulation (EU) 2018/2019 The Annex to Implementing Regulation (EU) 2018/2019 is amended in accordance with Annex I to this Regulation.

Article 2 Amendment of Implementing Regulation (EU) 2020/1213 The Annex to Implementing Regulation (EU) 2020/1213 is amended in accordance with Annex II to this Regulation.

Article 3 Entry into force This Regulation shall enter into force on the third 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, 25 March 2022. For the Commission The President Ursula VON DER LEYEN

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

(2) Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2031 and a list of plants for which phytosanitary certificates are not required for introduction into the Union, within the meaning of Article 73 of that Regulation (OJ L 323, 19.12.2018, p. 10).

(3) Commission Implementing Regulation (EU) 2018/2018 of 18 December 2018 laying down specific rules concerning the procedure to be followed in order to carry out the risk assessment of high risk plants, plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council (OJ L 323, 19.12.2018, p. 7).

(4) Commission Implementing Regulation (EU) 2020/1213 of 21 August 2020 concerning the phytosanitary measures for the introduction into the Union of certain plants, plant products and other objects which have been removed from the Annex to Implementing Regulation (EU) 2018/2019 (OJ L 275, 24.8.2020, p. 5).

(5) EFSA PLH Panel (European Food Safety Authority Panel on Plant Health), Scientific Opinion on the Commodity risk assessment of Juglans regia plants from Turkey. EFSA Journal 2021;19(6):6665, 99 pp. https://doi.org/10.2903/j.efsa.2021.6665.

(6) EFSA PLH Panel, Scientific Opinion on the commodity risk assessment of Nerium oleander plants from Turkey. EFSA Journal 2021;19(5):6569, 34 pp. https://doi.org/10.2903/j.efsa.2021.6569.

(7) EFSA PLH Panel, Scientific Opinion on the commodity risk assessment of Robinia pseudoacacia plants from Turkey. EFSA Journal 2021;19(5):6568, 54 pp. https://doi.org/10.2903/j.efsa.2021.6568.

(8) 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).

(9) The World Trade Organisation Agreement on the Application of Sanitary and Phytosanitary Measures (adopted 15 April 1994, entered into force 1 January 1995), 1867 UNTS 493 (SPS Agreement).