CELEX: 32020R1292
Language: en
Date: 2020-09-15 00:00:00
Title: Commission Implementing Regulation (EU) 2020/1292 of 15 September 2020 as regards measures to prevent the entry into the Union of Agrilus planipennis Fairmaire from Ukraine and amending Annex XI to Implementing Regulation (EU) 2019/2072

16.9.2020   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 302/20
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1292
         of 15 September 2020
         as regards measures to prevent the entry into the Union of Agrilus planipennis Fairmaire from Ukraine and amending Annex XI to Implementing Regulation (EU) 2019/2072
         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 Articles 41(2) and 72(1) thereof,
         Whereas:
         
                     (1)
                  
                  
                     
                        Agrilus planipennis Fairmaire (‘the specified pest’) is listed as a Union quarantine pest in Annex II to Commission Implementing Regulation (EU) 2019/2072 (2). It is also listed as a priority pest in Commission Delegated Regulation (EU) 2019/1702 (3).
                  
               
                     (2)
                  
                  
                     Import requirements for certain types of plants, wood and isolated bark as regards the specified pest have been established in Annex VII to Implementing Regulation (EU) 2019/2072 for the third countries where the pest is present. According to Part A of Annex XI to that Regulation phytosanitary certificates are required for the introduction into the Union of such plants or plant products from the respective third countries of origin.
                  
               
                     (3)
                  
                  
                     In November 2019, Ukraine confirmed the first official findings of the specified pest on its territory.
                  
               
                     (4)
                  
                  
                     That country is not listed among the third countries the import from which into the Union territory is allowed pursuant to Annex VII to Implementing Regulation (EU) 2019/2072. Therefore, specific measures should be adopted to prevent the possible introduction into the Union of the specified pest present on certain types of plants, wood and isolated bark from Ukraine.
                  
               
                     (5)
                  
                  
                     Taking into account the phytosanitary risk of specified pest, the respective plants, wood and bark known to be hosts of it and originating from Ukraine, when introduced into the Union, should be accompanied by a phytosanitary certificate including an additional declaration stating that they originate from an area free from the specified organism. Such additional declaration should be established in accordance with the relevant International Standards for Phytosanitary Measures and communicated to the Commission in advance. Certain types of wood should only be imported if appropriate treatment or removal of the bark and part of the outer sapwood has been performed, in order to ensure a higher level of phytosanitary protection.
                  
               
                     (6)
                  
                  
                     As the status of the specified pest in Ukraine needs further confirmation, additional technical and scientific evidence should be obtained to assess the phytosanitary risk that it poses to the Union. Such evidence also needs to be obtained concerning its presence in other third countries, in order to update the respective measures listed in Annex VII to Implementing Regulation (EU) 2019/2072. The measures set out in this Regulation should therefore be reviewed as soon as possible.
                  
               
                     (7)
                  
                  
                     Annex XI to Implementing Regulation (EU) 2019/2072 should also be amended, in order to require that the respective plants and plant products are introduced from Ukraine into the Union with a phytosanitary certificate.
                  
               
                     (8)
                  
                  
                     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
            Subject matter
            This Regulation sets out measures to prevent the entry into the Union of Agrilus planipennis Fairmaire from Ukraine.
         
         
            Article 2
            Introduction into the Union of plants, wood and isolated bark originating from Ukraine
            The plants, wood and isolated bark originating from Ukraine shall only be introduced into the Union if they comply with the respective measures listed in the Annex.
         
         
            Article 3
            Amendment of Annex XI to Implementing Regulation (EU) 2019/2072
            Part A of Annex XI to Implementing Regulation (EU) 2019/2072 is amended as follows:
            
                        (a)
                     
                     
                        in point 3, in the entry ‘Fraxinus L., Juglans L., Pterocarya Kunth and Ulmus davidiana Planch.’, the text in the third column is replaced by ‘Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and the United States’;
                     
                  
                        (b)
                     
                     
                        in point 11, in the entry ‘Fraxinus L., Juglans L., Pterocarya Kunth and Ulmus
                           davidiana Planch.’, the text in the third column is replaced by ‘Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and the United States’;
                     
                  
                        (c)
                     
                     
                        in point 12, in the entry ‘Fraxinus L., Juglans L., Pterocarya Kunth and Ulmus davidiana Planch., and including wood which has not kept its natural round surface’ the text in the third column is replaced by ‘Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and the United States’.
                     
                  
         
            Article 4
            Review of the provisional measures
            The measures set out in this Regulation are aimed to address phytosanitary risks which are not fully assessed and have a temporary character.
            These measures shall be reviewed as soon as possible, and no later than one year after the day of adoption of this Regulation.
         
         
            Article 5
            Entry into force
            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, 15 September 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 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).
      
      
         
            ANNEX
            
               List of plants, plant products and other objects originating from Ukraine, and the corresponding measures for their introduction into the Union territory, as referred to in Article 2
            
            
                        Plants, plant products or other objects
                     
                     
                        CN Code
                     
                     
                        Measures
                     
                  
                        
                                    1.
                                 
                                 
                                    Plants of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya
                                       rhoifolia Siebold & Zucc., other than fruit and seeds
                                 
                              
                     
                        ex 0602 10 90 
                        ex 0602 20 20 
                        ex 0602 20 80 
                        ex 0602 90 41 
                        ex 0602 90 45 
                        ex 0602 90 46 
                        ex 0602 90 48 
                        ex 0602 90 50 
                        ex 0602 90 70 
                        ex 0602 90 99 
                        ex 0604 20 90 
                        ex 1404 90 00 
                     
                     
                        The plants shall fulfill both of the following conditions:
                        
                                    (a)
                                 
                                 
                                    they are accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the plants originate in an area recognised as being free from Agrilus planipennis Fairmaire, established by the national plant protection organisation in Ukraine, in accordance with the relevant International Standards for Phytosanitary Measures, and located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed;
                                 
                              
                                    (b)
                                 
                                 
                                    the freedom status of that area has been communicated in advance in writing to the Commission by the national plant protection organisation of Ukraine.
                                 
                              
                  
                        
                                    2.1.
                                 
                                 
                                    Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., other than in the form of:
                                    
                                                —
                                             
                                             
                                                chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees,
                                             
                                          
                                                —
                                             
                                             
                                                wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,
                                             
                                          
                                                —
                                             
                                             
                                                but including wood which has not kept its natural round surface, and furniture and other objects made of untreated wood.
                                             
                                          
                              
                     
                        ex 4401 12 00 
                        ex 4403 12 00 
                        ex 4403 99 00 
                        ex 4404 20 00 
                        ex 4406 12 00 
                        ex 4406 92 00 
                        4407 95 10 
                        4407 95 91 
                        4407 95 99 
                        ex 4407 99 27 
                        ex 4407 99 40 
                        ex 4407 99 90 
                        ex 4408 90 15 
                        ex 4408 90 35 
                        ex 4408 90 85 
                        ex 4408 90 95 
                        ex 4416 00 00 
                        ex 9406 10 00 
                     
                     
                        The wood fulfils one of the following conditions:
                        
                                    (a)
                                 
                                 
                                    it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the wood originates in a specifically indicated area recognised as being free from Agrilus planipennis Fairmaire, established by the national plant protection organisation of Ukraine, in accordance with the relevant International Standards for Phytosanitary Measures, located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed, and the freedom status of that area has been communicated in advance in writing to the Commission by the national plant protection organisation of Ukraine;
                                 
                              
                                    (b)
                                 
                                 
                                    it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the bark and at least 2,5 cm of the outer sapwood have been removed in a facility authorised and supervised by the national plant protection organisation of Ukraine;
                                 
                              
                                    (c)
                                 
                                 
                                    it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood.
                                 
                              
                  
                        
                                    2.2
                                 
                                 
                                    Wood in the form of chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or in part from Fraxinus L., Juglans ailantifolia Carr., Juglans
                                       mandshurica Maxim., Ulmus
                                       davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc.
                                 
                              
                     
                        ex 4401 22 00 
                        ex 4401 40 10 
                        ex 4401 40 90 
                     
                     
                        The wood fulfils both of the following conditions:
                        
                                    (a)
                                 
                                 
                                    it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that the wood originates in a specifically indicated area recognised as being free from Agrilus planipennis Fairmaire, established by the national plant protection organisation in Ukraine, in accordance with the relevant International Standards for Phytosanitary Measures, located at a minimum distance of 100 km to the closest known area from the place where the presence of the specified pest has been officially confirmed;
                                 
                              
                                    (b)
                                 
                                 
                                    the freedom status of that area has been communicated in advance in writing to the Commission by the national plant protection organisation of Ukraine.
                                 
                              
                  
                        
                                    3.
                                 
                                 
                                    Isolated bark and objects made of bark of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc.
                                 
                              
                     
                        ex 1404 90 00 
                        ex 4401 40 90 
                     
                     
                        The bark shall fulfil both of the following conditions:
                        
                                    (a)
                                 
                                 
                                    it is accompanied by a phytosanitary certificate, stating under the rubric ‘Additional declaration’ that an official statement is provided that the bark originates in a specifically indicated area recognised as being free from Agrilus planipennis Fairmaire, established by the national plant protection organisation of Ukraine, in accordance with the relevant International Standards for Phytosanitary Measures, located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed;
                                 
                              
                                    (b)
                                 
                                 
                                    the freedom status of that area has been communicated in advance in writing to the Commission by the national plant protection organisation of Ukraine.