Commission Implementing Regulation (EU) 2021/419 of 9 March 2021 amending Implementing Regulation (EU) 2018/2019 as regards certain plants for planting of Jasminum polyanthum Franchet originating in Israel and adapting Combined Nomenclature codes for Ullucus tuberosus and amending Implementing Regulation (EU) 2020/1213 as regards the phytosanitary measures for the introduction of those plants for planting into the Union territory
Commission Implementing Regulation (EU) 2021/419of 9 March 2021amending Implementing Regulation (EU) 2018/2019 as regards certain plants for planting of Jasminum polyanthum Franchet originating in Israel and adapting Combined Nomenclature codes for Ullucus tuberosus and amending Implementing Regulation (EU) 2020/1213 as regards the phytosanitary measures for the introduction of those plants for planting into the Union territory 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/ECOJ L 317, 23.11.2016, p. 4., and in particular Article 42(3) and the first and the third subparagraphs of Article 42(4) thereof,Whereas:(1)Commission Implementing Regulation (EU) 2018/2019Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 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 (OJ L 323, 19.12.2018, p. 10). establishes a list of high risk plants, plant products and other objects within the meaning of Article 42 of Regulation (EU) 2016/2031.(2)Commission Implementing Regulation (EU) 2018/2018Commission Implementing Regulation (EU) 2018/2018 of 18 December 2018 laying down specific rules concerning the procedure to be followed in order to carry out the risk assessment of high risk plants, plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council (OJ L 323, 19.12.2018, p. 7). lays down specific rules concerning the procedure to be followed in order to carry out the risk assessment referred to in Article 42(4) of Regulation (EU) 2016/2031 for those high risk plants, plant products and other objects.(3)Following a preliminary assessment, 35 plants for planting originating from all third countries were included in the Annex to Implementing Regulation (EU) 2018/2019 as high risk plants, amongst which is the genus Jasminum L.(4)In accordance with Regulation (EU) 2016/2031, if it is concluded, on the basis of a risk assessment, that a plant, plant product or other object originating in a third country, group of third countries or a specific area of the third country concerned poses an unacceptable pest risk, but that that risk can be reduced to an acceptable level by applying certain measures, the Commission is to remove that plant, plant product or other object from the list established by Implementing Regulation (EU) 2018/2019 and add it to the list referred to in Article 41(2) of Regulation (EU) 2016/2031.(5)In addition, Commission Implementing Regulation (EU) 2020/1213Commission Implementing Regulation (EU) 2020/1213 of 21 August 2020 concerning the phytosanitary measures for the introduction into the Union of certain plants, plant products and other objects which have been removed from the Annex to Implementing Regulation (EU) 2018/2019 (OJ L 275, 24.8.2020, p. 5). sets out the phytosanitary measures for the introduction into the Union territory of certain plants, plant products and other objects, which have been removed from the Annex to Implementing Regulation (EU) 2018/2019.(6)On 25 September 2019, Israel submitted to the Commission a request for export to the Union of unrooted cuttings of plants for planting of Jasminum polyanthum Franchet ("the specified plants"). That request was supported by the respective technical dossier.(7)On 12 August 2020, the European Food Safety Authority ("the Authority") published a scientific opinion regarding the commodity risk assessment of Jasminum polyanthum plants for planting from IsraelEFSA PLH Panel (EFSA Panel on Plant Health), Scientific Opinion on the commodity risk assessment of Jasminum polyanthum plants from Israel. EFSA Journal 2020;18(8):6225, 78 pp. https://doi.org/10.2903/j.efsa.2020.6225.. The Authority identified Scirtothrips dorsalis, Aonidiella orientalis, Milviscutulus mangiferae, Paracoccus marginatus, Pulvinaria psidii and Colletotrichum siamense ("the specified pests") as pests relevant for those plants for planting, evaluated the risk mitigation measures described in the dossier for those pests and estimated their likelihood of pest freedom.(8)On the basis of that opinion, the phytosanitary risk from introduction into the Union territory of unrooted cutting of plants for planting of Jasminum polyanthum Franchet, originating in Israel is considered to be reduced to an acceptable level, provided that appropriate mitigation measures are applied to address the risk of pests related to those plants for planting.(9)Those measures, adopted as phytosanitary import requirements, ensure the phytosanitary protection of the Union territory from introduction of the specified plants into it. Therefore, the unrooted cuttings of plants for planting of Jasminum polyanthum origninating in Israel should no longer be considered high risk plants, and should be removed from the Annex to Implementing Regulation (EU) 2018/2019.(10)The measures described by Israel in the dossier are considered sufficient to reduce the risk from introduction into the Union territory of the specified plants to an acceptable level. Therefore, the measures adopted by this Regulation should be based on those described by Israel in the dossier.(11)Scirtothrips dorsalis is listed as a Union quarantine pest in Annex II to Commission Implementing Regulation (EU) 2019/2072Commission 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).. Aonidiella orientalis, Milviscutulus mangiferae, Paracoccus marginatus, Pulvinaria psidii and Colletotrichum siamenseas are not yet included in the list of Union quarantine pests of Implementing Regulation (EU) 2019/2072, but they may fulfil the conditions to be included following a further complete risk assessment. For this reason, phytosanitary measures are necessary concerning those pests, until a full risk assessment is carried out.(12)The Annex to Implementing Regulation (EU) 2020/1213 should therefore be replaced by a new one, in order to include those phytosanitary measures.(13)It should also include the relisting of the respective plants, plant products and other objects in alphabetical order, in order to facilate the readibility of that list.(14)Experience gained from import controls after the application date of Regulation (EU) 2018/2019 has shown that some additional Combined Nomenclature (CN) codes laid down in Annex I to Council Regulation (EEC) No 2658/87Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1). need to be included in point 2 of the Annex to that Regulation in order to cover all the commodities traded as plants of Ullucus tuberosus. Therefore, the Annex to Implementing Regulation (EU) 2018/2019 should be amended accordingly.(15)In order to comply with the Union obligations deriving from the World Trade Organization Agreement on the application of sanitary and phytosanitary measures, the import of those commodities should resume within the shortest possible delay.(16)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:
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