Commission Implementing Regulation (EU) 2021/1688 of 20 September 2021 amending Implementing Regulation (EU) 2020/1201 as regards the lists of host plants and specified plants, and the tests for the identification of Xylella fastidiosa

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 28(1) and (2) thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2020/1201 (2) has been applied since August 2020 with the aim to prevent further spread within and introduction into the Union of Xylella fastidiosa (Wells et al.) (‘the specified pest’).

(2) Implementing Regulation (EU) 2020/1201 contains a provision on official checks at introduction into the Union. That provision refers to the official checks to be performed at the point of entry into the Union or at the place of destination established in accordance with Commission Directive 2004/103/EC (3). Within the new framework for official checks established by Regulation (EU) 2017/625 of the European Parliament and of the Council (4), Commission Delegated Regulation (EU) 2019/2123 (5) established new rules on official checks performed at control points other than border control posts. Delegated Regulation (EU) 2019/2123 repealed Directive 2004/103/EC with effect from 14 December 2020. It is therefore appropriate to replace the reference to that Directive by a reference to Delegated Regulation (EU) 2019/2123.

(3) On 23 June 2021, the European Food Safety Authority updated the database of host plants susceptible to Xylella fastidiosa (Wells et al.). Annexes I and II to Implementing Regulation (EU) 2020/1201 should therefore be amended accordingly.

(4) For reasons of transparency and clarity, it is appropriate to indicate, for each of the tests listed in Annex IV to Implementing Regulation (EU) 2020/1201, the Digital Object Identifier (DOI) which allows direct access to the scientific articles describing those tests.

(5) Implementing Regulation (EU) 2020/1201 should therefore be amended accordingly.

(6) 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

Implementing Regulation (EU) 2020/1201 is amended as follows:

(1) in Article 33, paragraph 1 is replaced by the following: ‘1.   All consignments of host plants, introduced into the Union from a third country, shall be officially checked at the border control post of first arrival into the Union or at a control point in the cases and conditions set out in Commission Delegated Regulation (EU) 2019/2123’;

(2) Annex I is replaced by the text set out in Annex I to this Regulation;

(3) Annex II is replaced by the text set out in Annex II to this Regulation;

(4) Annex IV is replaced by the text set out in Annex III 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, 20 September 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 317, 23.11.2016, p. 4.

(2) Commission Implementing Regulation (EU) 2020/1201 of 14 August 2020 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ L 269, 17.8.2020, p. 2).

(3) Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks (OJ L 313, 12.10.2004, p. 16).

(4) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).

(5) Commission Delegated Regulation (EU) 2019/2123 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts (OJ L 321, 12.12.2019, p. 64).