Commission Implementing Regulation (EU) 2021/1809 of 13 October 2021 amending Implementing Regulation (EU) 2020/1191 on measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV)
Commission Implementing Regulation (EU) 2021/1809of 13 October 2021amending Implementing Regulation (EU) 2020/1191 on measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV)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 30 thereof,Having regard to 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., and in particular Article 22(3) and Article 52 thereof,Whereas:(1)Commission Implementing Regulation (EU) 2020/1191Commission Implementing Regulation (EU) 2020/1191 of 11 August 2020 establishing measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV) and repealing Implementing Decision (EU) 2019/1615 (OJ L 262, 12.8.2020, p. 6). sets out measures on the introduction into, and movement within, the Union of plants for planting of Solanum lycopersicum L. and Capsicum spp. As experience with the implementation of that Regulation has shown, also the hybrids of Solanum lycopersicum L. should be included in the scope of those measures, because those hybrids are also susceptible to Tomato brown rugose fruit virus (ToBRFV) ("the specified pest").(2)In order to appropriately manage the plant health risk and apply the necessary measures to the most risky plant material, it is appropriate to replace the definition of "specified plants for planting" with the definition of "specified plants", covering all plants of Solanum lycopersicum L. and its hybrids and of Capsicum spp, also those which are not meant to be replanted, unless otherwise specified. That definition should exclude specified seeds and specified fruits, for which specific definitions exist. However, those definitions should be amended accordingly in order to include hybrids of Solanum lycopersicum L.(3)Since the adoption of Implementing Regulation (EU) 2020/1191, an audit series carried out by the Commission in 2020 and 2021 has shown that the implementation of eradication measures has been inconsistent. It is therefore necessary to introduce specific rules for the establishment of demarcated areas and the measures to be taken there. Those rules should also make a distinction between production sites with physical protection and other production sites, due to the different phytosantary risk that they present.(4)It should be specified that the testing of mother plants should take place at the shortest possible time prior to the harvest of the fruits, because experience since the adoption of Implementing Regulation (EU) 2020/1191 has shown that this is necessary to ensure that fruits from which seeds are extracted, are free from the specified pest.(5)During plant health checks conducted on the basis of Implementing Regulation (EU) 2020/1191 Member States have detected a high number of infected consignments originating in China and Israel. For this reason, based on a different rate of interceptions recorded in the Trade Control and Expert System (TRACES)https://ec.europa.eu/food/animals/traces_en since 2020, the testing frequency at import of those consignments should be increased to 50 % for seeds or plants for planting originating in Israel and to 100 % for seeds originating in China.(6)In order to have time to verify the implementation of the new measures and to ensure a continued protection of the Union territory from the introduction and spread of the specified pest, the application period of Implementing Regulation (EU) 2020/1191 should be extended until 31 May 2023.(7)Following the replacement of the definition of "specified plants for planting" with "specified plants", some consequential changes need to be made to the Annex to Implementing Regulation (EU) 2020/1191.(8)Implementing Regulation (EU) 2020/1191 should therefore be amended accordingly.(9)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: