CELEX: 
Language: en
Date: 2018-07-18
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... 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

COMMISSION IMPLEMENTING REGULATION (EU) …/...
            
            
               of XXX
            
            
               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 
            
            
               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 Articles 42(3) and 73 thereof,
            
            
               Whereas:
            
            
               (1)Pursuant to Article 42(3) of Regulation (EU) 2016/2031, on the basis of a preliminary assessment, the Commission is to adopt implementing acts provisionally listing high risk plants, plant products or other objects that present a pest risk of unacceptable level for the Union territory.
            
            
               (2)Since the adoption of that Regulation, several preliminary assessments have been carried out concerning whether plants and plant products originating in third countries present a pest risk of an unacceptable level for the Union territory. Those assessments concluded that because certain plants and plant products fulfil one or more of the criteria set out in Annex III to that Regulation, they could qualify as 'high risk plants' or 'high risk plant products' within the meaning of Article 42 of that Regulation.
            
            
               (3)Plants for planting of the genera Acacia, Acer, Albizia, Alnus, Annona, Bauhinia, Berberis, Betula, Caesalpinia, Cassia, Castanea, Cornus, Corylus, Crataegus, Cycas, Diospyros, Eucalyptus, Fagus, Ficus, Fraxinus, Hamamelis, Jasminum, Juglans, Ligustrum, Lonicera, Malus, Nerium, Ostrya, Persea, Populus, Prunus, Quercus, Robinia, Salix, Sorbus, Syringa, Taxus, Tilia, Ulmus, and all plants of the Ullucus tuberosus species, are known to host commonly hosted pests known to have a major impact on plant species which are of major economic, social or environmental importance to the Union. Those plants for planting and plants of the Ullucus tuberosus species are also known to commonly harbour pests without showing signs of infection, or to have a latent period for the expression of those signs. This reduces the possibility for detecting the presence of such pests during inspections carried out when those plants are introduced into the Union territory. Moreover, those plants for planting are usually introduced into the Union in the form of shrubs or trees and they are usually present in the Union in such form. In light of this, the existing measures governing the introduction of the plants for planting listed in Annex I to this Regulation and plants of the Ullucus tuberosus species originating from third countries are not considered to be sufficient to prevent the entry of pests. Therefore the plants for planting listed in Annex I and plants of the species Ullucus tuberosus should be listed as high risk plants within the meaning of Article 42(1) of Regulation (EU) 2016/2031, and their introduction into the Union territory should be provisionally prohibited.
            
            
               (4)Plants, other than plants for planting, of the genus Momordica, are known to host and provide a significant pathway for the introduction and establishment of the pest Thrips palmi, which is known to have the potential to have a major impact on plant species which are of a major economic, social or environmental importance to the Union territory. However, this pest does not occur in all third countries nor in all areas within a third country where it is known to occur. Certain third countries also have effective mitigation measures in place for that pest. In view of this, plants, other than plants for planting, of the genus Momordica, that originate in third countries or from certain areas of third countries where that pest is known to occur, and from third countries that do not have effective measures in place for that pest, qualify as high risk plants, within the meaning of Article 42(1) of Regulation (EU) 2016/2031, and therefore, the introduction into the Union of those plants should be provisionally prohibited.
            
            
               (5)Wood of the genus Ulmus is known to host and provide a significant pathway for the introduction and establishment of the pest Saperda tridentata. That pest is known to have a major impact on plant species which are of a major economic, social or environmental importance to the Union territory. However, this pest does not occur in all third countries, nor in certain areas within a third country where it is known to occur. In view of this, wood of the genus Ulmus originating from third countries or areas of third countries where Saperda tridentata is known to occur, qualifies as a high risk plant, within the meaning of Article 42(1) of Regulation (EU) 2016/2031. Therefore the introduction into the Union of that wood should be provisionally prohibited.
            
            
               (6)Those plants and plant products are not listed in accordance with Article 40 to Regulation (EU) 2016/2031, or only listed with regard to certain third countries. Moreover, and in accordance with the respective preliminary assessments, they are not sufficiently covered by the requirements referred to in Article 41 of that Regulation with regards to all third countries, and not subject to the temporary measures of Article 49 of that Regulation. 
            
            
               (7)Those plants and plant products are not yet subject to a complete risk assessment that is required to conclude whether they pose a risk at an unacceptable level by virtue of the likelihood that they host a Union quarantine pest, or whether that risk can be reduced to an acceptable level by applying certain measures. Where demand for the importation of those plants and plant products is identified, they are to be subject to a risk assessment that will be carried out in accordance with an implementing act to be adopted pursuant to Article 42(6) of Regulation (EU) 2016/2031.
            
            
               (8)According to Article 73 of Regulation (EU) 2016/2031, the Commission is to provide, by means of implementing acts, that for plants other than the plants included in the list referred to in Article 72(1), a phytosanitary certificate is required for their introduction into the Union territory. 
            
            
               (9)However, those implementing acts are to provide that a phytosanitary certificate is not required for those plants where an assessment which is based on evidence about pest risks and experience with trade demonstrates that such a certificate is not necessary. 
            
            
               (10)Since the adoption of that Regulation, various assessments have been carried out concerning the pest risk and experience with trade of several plants, other than plants for planting, originating from third countries. 
            
            
               (11)According to those assessments, plants, other than plants for planting, of the species Ananas comosus (pineapples), Cocos nucifera (coconut), Durio zibethinus (durian), Ficus carica (figs), Musa spp (bananas) and Phoenix dactilifera (dates) do not host Union quarantine pests or pests subject to measures adopted pursuant to Article 30 of Regulation (EU) 2016/2031, or commonly hosted pests which may impact on plant species grown in the Union. Moreover, those plants have a history of compliance with the requirements for the introduction into the Union territory relevant to the third country or countries of origin, and there have been no pest outbreaks linked to the introduction of those fruits from one or more third countries. Neither have those fruits been subject to repetitive interceptions due to the presence of Union quarantine pests or pests subject to the measures adopted pursuant to Article 30 of that Regulation during their introduction into the Union territory. 
            
            
               (12)In view of the fact that those plants fulfil all of the criteria of Annex VI to Regulation (EU) 2016/2031, no phytosanitary certificate should be required for their introduction into the Union territory. 
            
         
         
            
               (13)The lists to be established under Article 42(3) and Article 73 of Regulation (EU) 2016/2031 both concern import rules on the basis of similar criteria for risk assessment, as set out in Annexes III and VI of that Regulation. They are focused on the risks posed by the respective plants and plant products, instead of the risks of specific pests. They have been elaborated under a common risk assessment methodology and shall be updated under the same methodology, on the basis of the avialable technical and scientific evidence. It is therefore appropriate to integrate them in one Regulation.  
            
            
               (14)As Regulation (EU) 2016/2031 applies from 14 December 2019, and in order to ensure a consistent application of all rules concerning introduction into the Union of plants, plant products and other objects, this Regulation should apply from the same date.
            
            
               (15)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Plants, Animals, Food and Feed,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
            
            
               High risk plants, plant products and other objects
            
            
               The plants, plant products and other objects listed in Annex I are considered high risk plants, plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 2016/2031, and their introduction into the Union territory shall be prohibited pending a risk assessment.
            
            
               Article 2
            
            
               Phytosanitary certificate for the introduction into the Union of certain plants
            
            
               A phytosanitary certificate shall be required for the introduction into the Union of plants, other than the plants included in the list referred to in Article 72(1) of Regulation (EU) 2016/2031. 
            
            
               However, plants listed in Annex II shall be excluded from this requirement.
            
            
               Article 3
            
            
               This Regulation shall enter into force the twentieth day following that of its publication in the Official Journal of the European Union.
            
            
               It shall apply from 14 December 2019.
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
               Done at Brussels,
            
            
               
                     For the Commission
               
               
                  The President
               
               
                  Jean-Claude JUNCKER
               
            
         
         
      
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               EN
            
            
            
               ANNEX I
            
            
               List of high risk plants, plant products and other objects, within the meaning of Article 42(1) of Regulation(EU) 2016/2031
            
            
            
            
               1.Plants for planting originating from all third countries and belonging to the following genera or species:
                     
                     
                     
                     
                     
                     
            
            
               Acacia
            
            
               Acer
            
            
               Albizia
            
            
               Alnus
            
            
               Annona
            
            
               Bauhinia
            
            
               Berberis
            
            
               Betula
            
            
               Caesalpinia
            
            
               Cassia
            
            
               Castanea
            
            
               Cornus
            
            
               Corylus
            
         
         
            
               Crataegus
            
            
               Cycas
            
            
               Diospyros
            
            
               Eucalyptus
            
            
               Fagus
            
            
               Ficus
            
            
               Fraxinus
            
            
               Hamamelis
            
            
               Jasminum
            
            
               Juglans
            
            
               Ligustrum
            
            
               Lonicera
            
            
               Malus
            
            
               Nerium
            
            
               Ostrya
            
            
               Persea
            
            
               Populus
            
            
               Prunus
            
            
               Quercus
            
            
               Robinia
            
         
         
            
               Salix
            
            
               Sorbus
            
            
               Syringa
            
            
               Taxus
            
            
               Tilia
            
            
               Ulmus
            
            
            
               2.Plants of the Ullucus tuberosus species originating from all third countries.
            
            
               3.Plants, other than plants for planting, of Momordica genus originating from all third countries or areas of third countries, where the pest Thrips palmi is known to occur, or third countries that do not have effective mitigation measures in place for that pest.
            
            
               4.Wood of the Ulmus genus originating from third countries or areas of third countries, where the pest Saperda tridentata is known to occur.
            
            
               
            
               ANNEX II
            
            
               List of plants for which a phytosanitary certificate is not required for introduction into the Union, within the meaning of Article 73 of Regulation (EU) 2016/2031
            
            
            
               Plants, other than plants for planting, belonging to the following species:
            
            
               Ananas comosus (pineapples), 
            
            
               Cocos nucifera (coconut), 
            
            
               Durio zibethinus (durian), 
            
            
               Ficus carica (figs),
            
            
               Musa spp (bananas), 
            
         
         
            
               Phoenix dactilifera (dates)