Commission Implementing Regulation (EU) 2022/1372 of 5 August 2022 as regards temporary measures to prevent the entry into, the movement and spread within, the multiplication and release in the Union of Meloidogyne graminicola (Golden & Birchfield)
Commission Implementing Regulation (EU) 2022/1372of 5 August 2022as regards temporary measures to prevent the entry into, the movement and spread within, the multiplication and release in the Union of Meloidogyne graminicola (Golden & Birchfield)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 Articles 30(1) and 41(2) 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/EECOJ L 95, 7.4.2017, p. 1., and in particular Article 128(1) thereof,Whereas:(1)Meloidogyne graminicola (Golden & Birchfield) is not listed as a Union quarantine pest, protected zone quarantine pest or as a Union regulated non-quarantine pest in accordance with 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)..(2)In 2016, Italy informed the Commission that Meloidogyne graminicola (Golden & Birchfield) was first found in its territory in a rice-producing area of Northern Italy. Since then, it has also been found in additional rice fields and the most serious infestations led to crop losses of up to 50 % of the ordinary production.(3)In 2017, Italy adopted official measures to prevent the further introduction and spread within its territory of Meloidogyne graminicola (Golden & Birchfield)Misure d’emergenza per impedire la diffusione di Meloidogyne graminicola Golden & Birchfield nel territorio della Repubblica italiana. Decreto 6 luglio 2017, Gazzetta ufficiale della Repubblica Italiana. Serie generale n. 202, 30.8.2017.. Meloidogyne graminicola (Golden & Birchfield) is mainly associated with rooted plants of Oryza sativa L. that have been grown in soil and are intended for planting. It is also associated with other host plants, such as barley, but to a lesser extent than with rooted plants of Oryza sativa L.(4)Italy is currently the only Member State where the presence of Meloidogyne graminicola (Golden & Birchfield) has been confirmed. Based on a risk assessment carried out by Italy in 2018Pest risk analysis on Meloidogyne graminicola (Golden & Birchfield) carried out by Consiglio per la ricerca in agricoltura e l’analisi dell’economia agraria (CREA)., it is concluded that that pest fulfils the criteria set out in Subsection 2 of Section 3 of Annex I to Regulation (EU) 2016/2031. It is therefore deemed necessary to adopt temporary measures against that pest. Those measures should take account of the major pathways for its spread, such as plants for planting, soil, machinery and tools, and human-assisted transfer.(5)In a certain region within that rice-producing area of Italy, it has been concluded that the eradication of Meloidogyne graminicola (Golden & Birchfield) is no longer possible. Italy should therefore be allowed to apply measures for its containment within that region, instead of eradication. Those measures should be aimed at keeping the levels of Meloidogyne graminicola (Golden & Birchfield) stable. However, if surveys show an increase of the levels of Meloidogyne graminicola (Golden & Birchfield), measures aimed at its eradication should be applied to reduce its levels again and prevent its spread.(6)Member States should inform the general public and relevant professional operators about the threat of Meloidogyne graminicola (Golden & Birchfield) and the measures taken against it to ensure a more effective approach by all persons possibly concerned. In particular, Member States should raise awareness about the danger of its spread through footwear and vehicles, because those means are most commonly used by the general public.(7)Surveys should be carried out in the demarcated areas and on host plants outside those areas, in order to detect early the potential presence of Meloidogyne graminicola (Golden & Birchfield) and prevent its spread to the rest of the Union territory. Member States should conduct annual surveys based on an assessment of the risk of introduction of Meloidogyne graminicola (Golden & Birchfield).(8)In view of the evidence from Italy and of the wide distribution of Meloidogyne graminicola (Golden & Birchfield) in rice-producing third countries, it is necessary to check that certain conditions were fulfilled in those third countries, with respect to the rooted plants for planting of Oryza sativa L., prior to their introduction into the Union. In particular, those conditions should concern the freedom of the site or place of production from the pest, the official inspections to be carried out and the necessary declarations on the phytosanitary certificate. These conditions are necessary to ensure freedom of those plants from Meloidogyne graminicola (Golden & Birchfield).(9)Furthermore, it is necessary that, at arrival, rooted plants for planting of Oryza sativa L. are visually inspected and, where showing symptoms of Meloidogyne graminicola (Golden & Birchfield), sampled and tested for the presence of that pest, in order to identify its possible presence or ascertain its absence.(10)Measures should also be provided for the movement within the Union of rooted plants of Oryza sativa L. that originate in the Union. In order to ensure the appropriate level of phytosanitary protection, the movement of those plants and soil from the demarcated areas to the rest of the Union territory should be prohibited.(11)This Regulation should apply for an adequate length of time to allow for its review and the review of the presence and the spread of Meloidogyne graminicola (Golden & Birchfield).(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: