Commission Implementing Regulation (EU) 2021/2285 of 14 December 2021 amending Implementing Regulation (EU) 2019/2072 as regards the listing of pests, prohibitions and requirements for the introduction into, and movement within, the Union of plants, plant products and other objects, and repealing Decisions 98/109/EC and 2002/757/EC and Implementing Regulations (EU) 2020/885 and (EU) 2020/1292

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 5(2), Article 32(2), Article 37(2), Article 37(4), Article 40(2), Article 41(2), Article 53(2), Article 54(2), Article 72(1), Article 73, Article 79(2) and Article 80(2) thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2019/2072 (2) establishes a list of Union quarantine pests, protected zone quarantine pests and Union regulated non-quarantine pests (‘RNQPs’). It further sets out requirements for the introduction into, or movement within, the Union of certain plants, plant products and other objects in order to prevent the entry, establishment and spread of those pests in the Union territory.

(2) Implementing Regulation (EU) 2019/2072 should be amended in order to take into account available scientific and technical information from pest risk assessments, pest risk categorisations and pest risk analyses carried out by the European Food Safety Authority (‘the Authority’), the European and Mediterranean Plant Protection Organisation (‘EPPO’) and the Member States. Such amendments are also necessary in view of interceptions of pests at the Union border and outbreaks in the Union territory, as well as further analysis carried out by the respective Commission working groups.

(3) A number of pests listed in Annex II to Implementing Regulation (EU) 2019/2072 have been reassessed by the Authority to update their phytosanitary status in accordance with the most recent technical and scientific developments (‘the reassessment’). In the case of groups of regulated pests, that reassessment examined the respective pests with regard to their presence in the Union territory only, thus not as regards the entire European continent.

(4) As a result of that reassessment, the species and genera satisfying the criteria of Article 3 and Section 1 of Annex I to Regulation (EU) 2016/2031 of the groups Acleris spp. (3), Choristoneura spp. (4), Cicadellidae known to be vectors of Xylella fastidiosa (Wells et al.) (5), Margarodidae (6), Premnotrypes spp. (7), Palm lethal yellowing phytoplasmas (8), Tephritidae (9), viruses, viroids and phytoplasmas of potatoes (10), viruses, viroids and phytoplasmas of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. and Vitis L. (11), should be specified in Annex II to Implementing Regulation (EU) 2019/2072.

(5) Based on the reassessment of the group of Tephritidae, specific species and genera have been identified that are not present or have limited presence in the Union territory and should be listed as Union quarantine pests. Several genera should be listed as Union quarantine pests, in order to allow protective measures against them, pending the availability of methods to identify them at species level, notably at larval stages. Consequently, the respective special requirements set out in Annex VII to Implementing Regulation (EU) 2019/2072 should be amended accordingly.

(6) Based on the reassessment, the non-European isolates of potato viruses A, M, V and Y, Arracacha virus B, oca strain and Papaya leaf crumple virus no longer fulfil the conditions of Article 3 and Section 1 of Annex I to Regulation (EU) 2016/2031 in respect to their potential impact and no longer qualify as Union quarantine pests. They should therefore be removed from the list of Union quarantine pests in Annex II to Implementing Regulation (EU) 2019/2072.

(7) Based on the reassessment, Citrus chlorotic spot virus has been found to fulfil the conditions of Article 3 and Section 1 of Annex I to Regulation (EU) 2016/2031 in respect of the Union territory, and therefore it should be included in the list of Union quarantine pests in Annex II to Implementing Regulation (EU) 2019/2072.

(8) The names of the pests Amauromyza maculosa (Malloch), Anomala orientalis (Waterhouse), Cicadellidae known to be vectors of Xylella fastidiosa (Wells et al.), Heliothis zea (Boddie), Phoma andina (Turkensteen), Rhizoecus hibisci Kawai and Takagi, Scolytidae spp. and Witches’ broom disease of lime should be respectively replaced by Nemorimyza maculosa (Malloch) (12), Exomala orientalis (Waterhouse) (13), Cicadomorpha, known to be vectors of Xylella fastidiosa (Wells et al.) (14), Helicoverpa zea (Boddie) (15), Stagonosporopsis andigena (Turkensteen) Aveskamp, Gruyter & Verkley (16), Ripersiella hibisci Kawai and Takagi (17), Scolytinae spp. (18) and Candidatus Phytoplasma aurantifolia-reference strain (19), in order to reflect the latest developments of the international nomenclature identified in the respective scientific opinions of the Authority.

(9) Strawberry witches’ broom disease was reported as a disease affecting Fragaria L. The phytoplasma being the causal agent of the disease was not identified via molecular identification tools in the past. Based on a recent scientific opinion of the Authority (20) the phytoplasma previously known and listed as Strawberry witches’ broom phytoplasma in Part A of Annex II to Implementing Regulation (EU) 2019/2072, should be removed and be replaced by an entry on Candidatus Phytoplasma hispanicum.

(10) Furthermore, given the absence of Candidatus Phytoplasma australiense Davis et al. in the Union territory, and taking into account the relevant opinion of the Authority, it is technically justified to list the pest concerned as a Union quarantine pest in Annex II to Implementing Regulation (EU) 2019/2072. Accordingly, that pest should be removed from the list of RNQPs contained in Part J of Annex IV to Implementing Regulation (EU) 2019/2072 in relation to fruit propagating material and fruit plants intended for fruit production of Fragaria L.

(11) Consequently, the special requirements set out in Annex VII to Implementing Regulation (EU) 2019/2072 concerning Strawberry witches’ broom phytoplasma, should be replaced by special requirements concerning Candidatus Phytoplasma australiense Davis et al. (reference strain), Candidatus Phytoplasma fraxini (reference strain) Griffiths et al., and Candidatus Phytoplasma hispanicum (reference strain) Davis et al., as those pests have been identified by the Authority to have an impact on Fragaria L.

(12) The pest Anoplophora glabripennis (Motschulsky) is listed in Part A of Annex II to Implementing Regulation (EU) 2019/2072. However, Italy has informed that in certain parts of its territory, eradication of this pest is no longer feasible and has requested a containment regime. Consequently, this pest should be listed as a pest known to occur in the Union territory and therefore moved to Part B of Annex II to Implementing Regulation (EU) 2019/2072.

(13) Spain performed a pest risk analysis for the ambrosia beetle Euwallacea sp. and its associated fungi Fusarium ambrosium and Fusarium euwallaceae in 2015 (21), and EPPO also produced a pest risk analysis report, based on Spain’s pest risk analysis on Euwallacea fornicatus sensu lato and Fusarium euwallaceae in 2017 (22). According to those analyses, those pests fulfil the conditions provided for in Article 3 and Section 1 of Annex I to Regulation (EU) 2016/2031 in respect of the Union territory. Euwallacea fornicatus sensu lato is already regulated as a Union quarantine pest in Part A of Annex II to Implementing Regulation (EU) 2019/2072 under the group Scolytidae spp. (non-European). This pest should now be specifically listed in Part A of Annex II to Implementing Regulation (EU) 2019/2072, as special requirements in relation to this pest should be stipulated. The symbionts Fusarium ambrosium and Fusarium euwallaceae should be regulated under the scientific names Neocosmospora ambrosia and Neocosmospora euwallaceae, following taxonomic changes.

(14) EPPO performed several risk analyses on the pests Apriona germari (Hope), Apriona rugicollis Chevrolat, Apriona cinerea Chevrolat (23), Ceratothripoides claratris (Shumsher) (24), Massicus raddei (Blessig) (25), Meloidogyne enterolobii Yang & Eisenback (26), Prodiplosis longifila Gagné (27), and Trirachys sartus Solsky (28). According to those analyses, those pests fulfil the conditions provided for in Article 3 and Section 1 of Annex I to Regulation (EU) 2016/2031 in respect of the Union territory and therefore should be listed in Part A of Annex II to Implementing Regulation (EU) 2019/2072 as Union quarantine pests.

(15) On the basis of a methodology developed by EPPO (29), it has been concluded that Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto fulfils the criteria for RNQPs as set out in Section 4 of Annex I to Regulation (EU) 2016/2031. It is therefore justified to include that pest in Parts D and M of Annex IV to Implementing Regulation (EU) 2019/2072, listing RNQPs in relation to propagating material of ornamental plants, and fruit propagating material and fruit plants intended for fruit production of Actinidia Lindl., respectively. Moreover, and in order to prevent the presence of that pest on the respective plants for planting, specific measures should be laid down in Parts C and K of Annex V to Implementing Regulation (EU) 2019/2072.

(16) Commission Implementing Regulation (EU) 2020/885 (30) establishes measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae.

(17) For reasons of legal clarity, Implementing Regulation (EU) 2020/885 should be repealed, as its provisions will be taken over by Implementing Regulation (EU) 2019/2072.

(18) Based on the methodology developed by EPPO, it has been concluded that Phytophthora ramorum (EU isolates) Werres, De Cock & Man in 't Veld fulfils the criteria for RNQPs as set out in Section 4 of Annex I to Regulation (EU) 2016/2031. It is therefore justified to include that pest in Parts D, E and J of Annex IV to Implementing Regulation (EU) 2019/2072 listing RNQPs in relation to propagating material of ornamental plants, forest reproductive material, other than seeds, and fruit propagating material and fruit plants intended for fruit production, respectively. Moreover, and in order to prevent the presence of that pest on the relevant plants for planting, specific measures should be laid down in Parts C and D of Annex V to Implementing Regulation (EU) 2019/2072.

(19) Based on the methodology developed by EPPO, it has been concluded that Citrus bark cracking viroid (‘CBCVd’) fulfils the criteria of RNQPs as set out in Section 4 of Annex I to Regulation (EU) 2016/2031. It is therefore justified to include that pest in Part L of Annex IV to Implementing Regulation (EU) 2019/2072 listing RNQPs in relation to plants for planting of Humulus lupulus L. In order to prevent the presence of that pest on the respective plants for planting, specific measures should be laid down in Part J of Annex V to Implementing Regulation (EU) 2019/2072.

(20) Based on the risk management measures against Candidatus Phytoplasma pyri implemented by the Member States since the entry into force of Implementing Regulation (EU) 2019/2072, and following exchanges with Member States on the proportionality of these measures, the risk management measures for this pest should be revised. Updated measures to prevent the presence of Candidatus Phytoplasma pyri on specific plants for planting should be laid down in Part C of Annex V to Implementing Regulation (EU) 2019/2072.

(21) In Part E of Annex V to Implementing Regulation (EU) 2019/2072, the name of Bruchus pisorum (L.) should be changed into Bruchus pisorum (Linnaeus) and Bruchus rufimanus L. should be changed into Bruchus rufimanus Boheman to take into account the rules of the International Code of Zoological Nomenclature.

(22) Seed potato tubers can currently be produced from plants growing in areas known to be free from Candidatus Liberibacter solanacearum Liefting et al. Therefore, measures concerning lots of seed potatoes with regard to that pest in Part F of Annex V to Implementing Regulation (EU) 2019/2072 should be amended to take into account this fact and allow for less stringent requirements for seed potatoes produced in those areas.

(23) On the basis of scientific and technical knowledge, and following a pest risk assessment carried out by the Authority (31) and the pest risk management document published by EPPO (32), the introduction into the Union of isolated bark of Acer macrophyllum Pursh, Aesculus californica (Spach) Nutt., Lithocarpus densiflorus (Hook. & Arn.) Rehd., Quercus L. and Taxus brevifolia Nutt. originating from Canada, the United Kingdom, the United States, and Vietnam, should be prohibited due to the unacceptable risk it poses as regards the Union quarantine pest Phytophthora ramorum (non-EU isolates) Werres, De Cock & Man in 't Veld. Those plant products should therefore be listed in Annex VI to Implementing Regulation (EU) 2019/2072 in respect of those third countries, and consequential changes should be made to Annexes VII and XI to that Regulation, without prejudice to the application of Union law to and in the United Kingdom in respect of Northern Ireland in accordance with Article 5(4) of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community in conjunction with Annex 2 to that Protocol.

(24) On the basis of scientific and technical knowledge, and following a pest risk assessment carried out by the Authority and the pest risk management record published by EPPO, it is appropriate to include special requirements for the introduction into, and movement within, the Union territory of certain plants, plant products and other objects, due to their likelihood of hosting the Union quarantine pest Phytophthora ramorum (non-EU isolates) Werres, De Cock & Man in 't Veld. Therefore, the relevant plants and plant products should be listed in Annex VII to Implementing Regulation (EU) 2019/2072.

(25) Commission Decision 2002/757/EC (33) establishes emergency measures to prevent the introduction into and the spread within the Union of Phytophthora ramorum Werres, De Cock & Man in 't Veld.

(26) For reasons of legal clarity, Decision 2002/757/EC should be repealed , as its provisions will be taken over by Implementing Regulation (EU) 2019/2072.

(27) Annex VII to Implementing Regulation (EU) 2019/2072 provides among other for a requirement for the registration of places where plants for planting are produced and the need for inspection. Experience has shown that this practice contributes to the phytosanitary protection of the Union territory. For this reason, such a requirement should be set out for the introduction into the Union of all plants for planting from all third countries.

(28) On the basis of scientific and technical knowledge provided in the respective pest risk analysis carried out by EPPO, it is necessary to set out special requirements for the introduction into the Union territory of certain plants, plant products and other objects due to their likelihood of hosting the pests Apriona germari (Hope), Apriona rugicollis Chevrolat, Apriona cinerea Chevrolat, Ceratothripoides claratris (Shumsher), Euwallacea fornicatus sensu lato, Massicus raddei (Blessig), Meloidogyne enterolobii Yang & Eisenback, Prodiplosis longifila Gagné, and Trirachys sartus Solsky. Therefore, the relevant plants and plant products, as well as the respective requirements, should be listed in Annex VII to Implementing Regulation (EU) 2019/2072.

(29) Given the spread of Agrilus planipennis Fairmaire in some third countries, and its spreading from Ukraine and Russia towards the Union territory and Belarus, and given the technical information available for that pest, additional special requirements should be laid down concerning the introduction into the Union territory of host plants, wood and bark from those countries. These requirements should be similar to those set out in Commission Implementing Regulation (EU) 2020/1292 (34) establishing measures to prevent the entry into the Union of Agrilus planipennis Fairmaire from Ukraine. Such special requirements should contain adaptations to take into account the evolution of the technical and scientific knowledge incurred since the adoption of that Implementing Regulation. Points 36, 87, 88 and 89 of Annex VII to Implementing Regulation (EU) 2019/2072 should therefore be amended accordingly, and Ukraine and Belarus should be added to the countries of origin. In addition, based on the pest survey card for Agrilus planipennis Fairmaire published by the Authority (35), a new host plant Chionanthus virginicus L. should be added to points 36, 87, 88 and 89.

(30) For reasons of legal clarity, Implementing Regulation (EU) 2020/1292 should be repealed and Implementing Regulation (EU) 2019/2072 will provide for its provisions.

(31) In order to prevent the presence, establishment and spread of Agrilus planipennis Fairmaire within the Union territory, the movement of certain plants, as well as of certain species and certain types of wood and bark, should not be allowed out of areas of the Union territory located within a specified distance from outbreak areas in the Union territory or from outbreak areas in neighbouring third countries. For that reason, special requirements should be added in Annex VIII to Implementing Regulation (EU) 2019/2072. Furthermore, special requirements concerning the movement within the Union territory of other types of wood originating in such areas should be added in Annex VIII. Moreover, Annex XIII should be amended to require a plant passport for the commodities of that wood originating from those areas to move within the Union territory.

(32) On the basis of scientific and technical knowledge, and following pest risk analysis performed by EPPO (36) (37), the pest risk assessment performed by Spain (38), the pest survey cards published by the Authority (39) and the interception data it is necessary to set out special requirements for the introduction into the Union of certain plants, due to their likelihood of hosting Bactrocera dorsalis (Hendel), Bactrocera latifrons (Hendel), and Bactrocera zonata (Saunders). Therefore, the relevant plants, as well as the respective requirements, should be listed in Annex VII to Implementing Regulation (EU) 2019/2072.

(33) On the basis of the outbreak notifications from Member States and the pest risk assessment carried out by the Authority (40), it is necessary to set out, in Annex VII to Implementing Regulation (EU) 2019/2072, special requirements for the introduction into the Union territory of certain plants, to protect it from Eotetranychus lewisi (McGregor).

(34) On the basis of pest risk assessment of Pantoea stewartii subsp. stewartii carried out by the Authority (41), it is necessary to amend the special requirements set out in Annex VII to Implementing Regulation (EU) 2019/2072.