Commission Implementing Regulation (EU) 2022/959 of 16 June 2022 amending Annex VII to Implementing Regulation (EU) 2019/2072 as regards requirements for the introduction into the Union of certain fruits of Capsicum (L.), Citrus L., Citrus sinensis Pers., Prunus persica (L.) Batsch and Punica granatum L.
Commission Implementing Regulation (EU) 2022/959of 16 June 2022amending Annex VII to Implementing Regulation (EU) 2019/2072 as regards requirements for the introduction into the Union of certain fruits of Capsicum (L.), Citrus L., Citrus sinensis Pers., Prunus persica (L.) Batsch and Punica granatum L.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 41(2) thereof,Whereas:(1)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). lays down, in Part A of Annex II, the list of Union quarantine pests not known to occur in the Union territory. Implementing Regulation (EU) 2019/2072 aims at preventing the entry, establishment and spread of such quarantine pests in the Union territory by setting out special requirements, in Annex VII thereto, for the introduction into the Union territory of certain plants, plant products and other objects.(2)Thaumatotibia leucotreta (Meyrick) ("the specified pest") is listed as a Union quarantine pest, which is not known to occur in the Union, in Part A of Annex II to Implementing Regulation (EU) 2019/2072. It is also listed as a priority pest in the Annex to Commission Delegated Regulation (EU) 2019/1702Commission Delegated Regulation (EU) 2019/1702 of 1 August 2019 supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council by establishing the list of priority pests (OJ L 260, 11.10.2019, p. 8).. The specified pest is polyphagous and has been intercepted on several host plants during border controls in the Union territory.(3)Specific import requirements exist for fruits of Capsicum (L.), Citrus L., other than Citrus aurantiifolia (Christm.) Swingle and Citrus limon (L.) Osbeck, for fruits of Prunus persica (L.) Batsch and of Punica granatum L. to protect the Union territory from the specified pestEPPO (2013) Pest risk analysis for Thaumatotibia leucotreta. EPPO, Paris. https://pra.eppo.int/pra/9305d7ed-2788-46dc-882d-b4641fa24fff. Citrus L. is a category which covers fruits of Citrus sinensis Pers.(4)According to the existing import requirements, information on the country freedom, area freedom of the specified pest, and the use of a systems approach and any post-harvest treatment together with the documentary evidence of the effectiveness of those requirements, needs to be communicated prior to trade. This information should allow for an easier evaluation of the effectiveness of the current special requirements. That effectiveness should be measured depending on the number of non-compliances due to the specified pest on the imported host commodities.(5)As non-compliances of consignments with the specific import requirements due to the presence of the specified pest on the host commodities continue to occur during border controls in the Union territory, it is justified to amend the special requirements set out in Annex VII to Implementing Regulation (EU) 2019/2072. In particular, the special requirements relating to the freedom of the place of production, the use of post-harvest treatments and of the systems approach, should be amended to offer better guarantees of pest freedom of the traded fruit commodities.(6)The amendment of the special requirements is based on the scientific and technical information of the pest risk analysis performed by the European and Mediterranean Plant Protection Organisation ("EPPO"), on the commodity risk assessments performed by the European Food Safety Authority for Citrus spp. fruits imported from IsraelScientific Opinion on the commodity risk assessment of Citrus L. fruits from Israel for Thaumatotibia leucotreta under a systems approach. EFSA Journal 2021;19(3):6427, 36 pp. https://doi.org/10.2903/j.efsa.2021.6427 and South AfricaScientific Opinion on the commodity risk assessment of Citrus L. fruits from South Africa for Thaumatotibia leucotreta under a systems approach. EFSA Journal;19(8):6799, 63 pp. https://doi.org/10.2903/j.efsa.2021.6799, on the relevant scientific literature and on comments received from third countries following a consultation within the World Trade Organisation (Sanitary and Phytosanitary Measures Agreement).(7)The respective approval of facilities, requirements for treatment facilities, monitoring, auditing, documentation procedures and record keeping of the applied treatment should be ensured, in order to guarantee phytosanitary safety and traceability.(8)At present, the requirements established in Annex VII to Implementing Regulation (EU) 2019/2072 for fruits of Citrus L. are also applicable for Citrus sinensis Pers. Based on the non-compliance data due to the presence of the specified pest on Citrus fruits, the fruits of Citrus sinensis Pers. should be subject to separate requirements, and not to the same requirements as other fruits of Citrus L. This is important in order to better ensure their freedom from the specified pest. Such requirements should include a systems approach with a specific regime of cold treatment, possibly with a precooling step in order to ensure the highest possible probability of pest freedom.(9)To allow competent authorities and professional operators to adapt to the systems approach, for Citrus sinensis Pers., an alternative and temporary requirement of a systems approach, which includes a precooling step of the pulp of the fruit to 5 °C, followed by a cold treatment for at least 25 days at a set temperature between – 1 °C and +2 °C should be provided for until 31 December 2022.(10)In the case of Citrus sinensis Pers., when the cold treatment is applied during the transport of the fruits concerned, records on the application of that treatment should be kept and made available upon request.(11)This Regulation should enter into force and apply as soon as possible in order for the reinforced requirements, which increase the protection of the Union against this pest, to be implemented within the shortest time, in order to take account of consignments of the specified fruits in transport to the Union at the time of entry into force of this Regulation.(12)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: