CELEX: 
Language: en
Date: 2022-02-10
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2019/2072 as regards requirements for the introduction into the Union of certain fruits of Capsicum (L.), Citrus L., Citrus sinensis Pers., Prunus persica (L.) Batsch and Punica granatum L.

COMMISSION IMPLEMENTING REGULATION (EU) …/...
            
            
               of XXX
            
            
               amending Implementing Regulation (EU) 2019/2072 as regards requirements for the introduction into the Union of certain fruits of Capsicum (L.), Citrus L., Citrus sinensis Pers., Prunus persica (L.) Batsch and Punica granatum L.
            
            
               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 Regulation (EU) 2019/2072
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                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 as a Union quarantine pest, which is not known to occur in the Union, in Part A of Annex II to Implementing Regulation (EU) 2019/2072. It is also listed as a priority pest in the Annex to Commission Delegated Regulation (EU) 2019/1702
                  3
               . The specified pest is polyphagous and has been intercepted on several host plants during border controls in the Union territory. 
            
            
               (3)Specific import requirements exist for fruits of Capsicum (L.), Citrus L., other than Citrus aurantiifolia (Christm.) Swingle and Citrus limon (L.) Osbeck, for fruits of Prunus persica (L.) Batsch and of Punica granatum L. to protect the Union territory from the specified pest
                  4
               . Citrus L. is a category which covers fruits of Citrus sinensis Pers.
            
            
               (4)According to the existing import requirements, information on the country freedom, area freedom of the specified pest, and the use of a systems approach and any post-harvest treatment together with the documentary evidence of the effectiveness of those requirements, needs to be communicated prior to trade. The availability of this information allows for easier evaluation of the effectiveness of the current special requirements, which was documented by the interceptions of the specified pest on the imported host commodities. 
            
            
               (5)As interceptions of the specified pest continue to occur during border controls in the Union territory, it is justified to amend the special requirements set out in Annex VII to Implementing Regulation (EU) 2019/2072. In particular, the special requirements relating to the freedom of the place of production, the use of post-harvest treatments and of the systems approach, should be amended to offer better guarantees of pest freedom of the traded fruit commodities. 
            
            
               (6)The amendment of the special requirements is based on the scientific and technical information of the pest risk analysis performed by the European and Mediterranean Plant Protection Organisation (“EPPO”), and on the commodity risk assessments performed by the European Food Safety Authority for Citrus spp. fruits imported from Israel
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                and South Africa
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               , following a systems approach for the control of the specified pest. 
            
            
               (7)At present, the requirements established in Annex VII to Implementing Regulation (EU) 2019/2072 for fruits of Citrus L. are also applicable for Citrus sinensis Pers. Based on the interceptions data of the presence of the specified pest, the fruits of Citrus sinensis Pers. should be subject to separate requirements, and not to the same requirements as fruits of Citrus L. This is important in order to better guarantee their freedom from the specified pest. Such requirements should include, within the systems approach, a specific regime of cold treatment that can ensure the highest possible probability of pest freedom.
            
            
               (8)Correct implementation of the relevant treatments and, in addition, further approval of facilities, requirements for treatment facilities, monitoring, auditing, documentation procedures and record keeping of the applied cold treatment should be ensured, as laid down in the International Standard for Phytosanitary Measures (ISPM) 42
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               . When the cold treatment is applied during the transport of the fruits concerned, the records of the data loggers should accompany the phytosanitary certificate to ensure traceability and implementation of that treatment.
            
            
               (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
            
            
               Annex VII to Implementing Regulation (EU) 2019/2072 is amended in accordance with the Annex to this Regulation.
            
         
         
            
               Article 2
            
            
               This Regulation shall enter into force on the twentieth 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,
            
            
               
                     For the Commission
               
               
                     The President
                     Ursula VON DER LEYEN
               
            
         
         
      
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               EN
            
            
            
               ANNEX
            
            
            
               The table of Annex VII to Implementing Regulation (EU) 2019/2072 is amended as follows:
            
            
            
               (1)
                     point 62 is replaced by the following:
            
            
            
                     
                        ‘62.
                     
                  
                  
                     
                        Fruits of Capsicum (L.), Citrus L., other than Citrus aurantiifolia (Christm.) Swingle Citrus limon (L.) Osbeck. and Citrus sinensis Pers., Prunus persica (L.) Batsch and Punica granatum L.
                     
                  
                  
                     
                        0709 60 10
                     
                     
                        0709 60 91
                     
                     
                        0709 60 95
                     
                     
                        0709 60 99
                     
                     
                        ex 0805 10 80 ex 0805 21 10 ex 0805 21 90 ex 0805 22 00 ex 0805 29 00 ex 0805 40 00 ex 0805 50 10 ex 0805 90 00 0809 30 10
                     
                     
                        0809 30 90
                     
                     
                        ex 0810 90 75
                     
                  
                  
                     
                        Countries of the African continent, Cape Verde, Saint Helena, Madagascar, La Reunion, Mauritius and Israel
                     
                  
                  
                     
                        Official statement that: 
                     
                     
                     
                        (a) the fruits originate in a country recognised as being free from Thaumatotibia leucotreta (Meyrick) in accordance with relevant International Standards for Phytosanitary Measures, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin, 
                     
                     
                     
                        or 
                     
                     
                     
                        (b) the fruits originate in an area established by the national plant protection organisation in the country of origin as being free from Thaumatotibia leucotreta (Meyrick), in accordance with the relevant International Standard for Phytosanitary Measures ISPM 4(1),  which is mentioned on the phytosanitary certificate, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin, 
                     
                     
                     
                        or
                     
                     
                     
                        (c) 
                     
                     
                        (i) the fruits originate in a place of production established by the national plant protection organisation in the country of origin as being free from Thaumatotibia leucotreta (Meyrick) in accordance with relevant International Standard for Phytosanitary Measures ISPM 10(2), and which is included in the list of place of production codes that has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin,
                     
                     
                     
                        and
                     
                     
                         
                     
                     
                        (ii) the fruits have been subject to official inspections carried out in the place of production at appropriate times during the growing season and prior to export, including a visual examination and destructive sampling of 10% of the visually inspected fruits, and have been found to be free from Thaumatotibia leucotreta (Meyrick),
                     
                     
                     
                        and 
                     
                     
                     
                        (iii) the fruits are accompanied by a phytosanitary certificate that indicates the place of production codes allowing traceability to the places of production, 
                     
                     
                     
                        or 
                     
                     
                     
                        (d) 
                     
                     
                        (i) the fruits have been produced in an approved site of production, which is included in the list of production site codes that has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin, 
                     
                     
                     
                        and 
                     
                     
                     
                        (ii) the fruits have been subjected to an effective cold treatment to ensure freedom from Thaumatotibia leucotreta (Meyrick) or an effective systems approach to ensure freedom from Thaumatotibia leucotreta (Meyrick) or another effective post-harvest treatment to ensure freedom from Thaumatotibia leucotreta (Meyrick) in accordance with the relevant International Standards for Phytosanitary Measures ISPM 14(3) and ISPM 42(4), provided that the systems approach or the post-harvest treatment method together with documentary evidence of its effectiveness has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin,
                     
                     
                     
                        and
                     
                     
                     
                        (iii) prior to export the fruits have been subjected to an inspection for the presence of Thaumatotibia leucotreta (Meyrick), including destructive sampling of 10% of the visually inspected fruits,
                     
                     
                     
                        and
                     
                     
                     
                        (iv) the fruits are accompanied by a phytosanitary certificate that indicates the production site codes allowing traceability of the sites of production and mentions the use of a systems approach or details of the treatment method.’ 
                     
                  
               
               ;
            
            
               (2)
                     the following point 62.1 is inserted between points 62 and 63:
            
            
            
                     
                        ‘62.1
                     
                  
                  
                     
                        Fruits of Citrus sinensis Pers.
                     
                  
                  
                     
                        0805 10 22
                     
                     
                        0805 10 24
                     
                     
                        0805 10 28
                     
                     
                        ex 0805 10 80
                     
                  
                  
                     
                        Countries of the African continent, Cape Verde, Saint Helena, Madagascar, La Reunion, Mauritius and Israel
                     
                  
                  
                     
                        Official statement that: 
                     
                     
                     
                        (a) the fruits originate in a country recognised as being free from Thaumatotibia leucotreta (Meyrick) in accordance with relevant International Standards for Phytosanitary Measures, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin, 
                     
                     
                     
                        or 
                     
                     
                     
                        (b) the fruits originate in an area established by the national plant protection organisation in the country of origin as being free from Thaumatotibia leucotreta (Meyrick), in accordance with the relevant International Standard for Phytosanitary Measures ISPM 4(1), which is mentioned on the phytosanitary certificate, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin, 
                     
                     
                     
                        or
                     
                     
                     
                        (c) 
                     
                     
                        (i) the fruits originate in a place of production established by the national plant protection organisation in the country of origin as being free from Thaumatotibia leucotreta (Meyrick) in accordance with the relevant International Standard for Phytosanitary Measures ISPM 10(2), and which is included in the list of place of production codes that has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin,
                     
                     
                     
                        and
                     
                     
                         
                     
                     
                        (ii) the fruits have been subject to official inspections carried out in the place of production at appropriate times during the growing season and prior to export, including a visual examination and destructive sampling of 10% of the visually inspected fruits, and found to be free from Thaumatotibia leucotreta (Meyrick),
                     
                     
                     
                        and 
                     
                     
                     
                        (iii) the fruits are accompanied by a phytosanitary certificate that indicates the place of production codes allowing traceability of the place of production, 
                     
                     
                     
                        or 
                     
                     
                     
                        (d) the fruits:
                     
                     
                        (i) have been produced in an approved site of production, which is included in the list of production site  codes that has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin,
                     
                     
                     
                        and
                     
                     
                     
                        (ii) have been subjected to an effective systems approach, which includes a cold treatment of 0°C to -1°C for at least 16 days, in accordance with the relevant  International Standards for Phytosanitary Measures ISPM 14(3) and ISPM 42(4), provided that the cold treatment has been documented and checked by the exporting third country and the systems approach, together with documentary evidence of its effectiveness, have been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin,
                     
                     
                     
                        and 
                     
                     
                     
                        (iii) prior to export have been subjected to an inspection for the presence of Thaumatotibia leucotreta (Meyrick), including destructive sampling of 10% of the visually inspected fruits,
                     
                     
                     
                        and 
                     
                     
                     
                        (iv) are accompanied by a phytosanitary certificate that indicates the production site codes, allowing traceability to the sites of production, mentions the words ‘systems approach’ and in the relevant part of that certificate mentions the temperature and duration of the cold treatment applied;
                     
                     
                     
                        and
                     
                     
                     
                        (v) in case cold treatment has been applied during transport, are accompanied at import, in addition to the phytosanitary certificate,  by documentation extracted from the data loggers proving that treatment.’
                     
                  
               
               (1) ISPM 4 ‘Requirements for the establishment of pest free areas’.
            
            
               (2) ISPM 10 ‘Requirements for the establishment of pest free places of production and pest free production site’. 
            
            
               (3) ISPM 14 ‘The use of integrated measures in a systems approach for pest risk management’.
            
            
               (4) ISPM 42 ‘Requirements for the use of temperature treatments as phytosanitary measures’.