Commission Implementing Regulation (EU) 2023/1312 of 27 June 2023 establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for the introduction into the Union territory of oak logs with bark originating in the United States
Commission Implementing Regulation (EU) 2023/1312of 27 June 2023establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for the introduction into the Union territory of oak logs with bark originating in the United StatesTHE 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,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 52 thereof,Whereas:(1)In order to prevent the introduction into the Union territory of Bretziella fagacearum (Bretz) Z.W. de Beer, Marincowitz, T.A. Duong & M.J. Wingfield, comb. nov., the pathogen causing oak wilt ("the specified pest"), logs of oak (Quercus L.) wood, originating in the United States ("the specified wood"), may only be introduced into the Union territory if they fulfil the special requirements of point 90 of Annex VII 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)..(2)The same requirements for the introduction of oak logs with bark from the United States were established in Part A, Section 1, point 3, of Annex IV to Council Directive 2000/29/ECCouncil Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1)., which was repealed by Regulation (EU) 2016/2031. Commission Decision 2005/359/ECCommission Decision 2005/359/EC of 29 April 2005 providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards oak (Quercus L.) logs with bark attached, originating in the United States of America (OJ L 114, 4.5.2005, p. 14). authorised Member States to provide for derogations from those requirements for the specified wood under specific conditions, before it expired on 31 December 2020.(3)The conditions set out in Decision 2005/359/EC included a fumigation of the specified wood with the substance bromomethane (also called "methyl bromide"), the use of which is restricted under the Montreal Protocol on Substances that Deplete the Ozone LayerOJ L 297, 31.10.1988, p. 21. of which the Union is a party. Therefore, it was decided not to extend the derogation laid down in that Decision.(4)In March 2020, the United States submitted a dossier containing technical and scientific information about an alternative treatment consisting of a systems approach, which does not include fumigation with bromomethane.(5)The systems approach includes harvesting the specified wood under selective conditions and under supervision of a certified forester, transporting it in closed containers from the export log yard to the place of fumigation, and fumigating it with sulfuryl fluoride by licensed operators.(6)Furthermore, that systems approach also includes specific conditions for the safe unloading and processing of the specified wood after introduction into the Union, in order to ensure the highest possible level of phytosanitary protection of the Union territory from the specified pest.(7)With a view to ensuring an efficient performance of the official controls and a proper control of risks, it is necessary to carry out the official controls completely or partly at the place of storage instead of a border control post.(8)In order to ensure its appropriate supervision, the specified wood is stored in places which have been designated by the competent authority of the Member State concerned as control points in accordance with Commission Delegated Regulation (EU) 2019/2123Commission Delegated Regulation (EU) 2019/2123 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts (OJ L 321, 12.12.2019, p. 64). and which dispose of appropriate wet storage facilities. In order to prevent the spread of the specified pest after unloading the specified wood from the containers at the designated control point, the specified wood is immediately either processed or placed in continuous wet storage until processing.(9)The United States claim that the measures described in their dossier provide for the same level of protection for the Union territory against the introduction of quarantine pests as the specific requirements of point 90 of Annex VII to Implementing Regulation (EU) 2019/2072 for the introduction of oak logs originating from the United States into the Union territory.(10)The dossier was evaluated by the European Food Safety Authority and discussed by experts from Member States. It was concludedCommodity risk assessment of oak logs with bark from the US for the oak wilt pathogen Bretziella fagacearum under an integrated systems approach. EFSA Journal 2020;18(12):6352. https://doi.org/10.2903/j.efsa.2020.6352. that, despite the indicated uncertainties about the efficacy of sulfuryl fluoride as regards the specified pest, a systems approach can be established, which can effectively eliminate the risk of introduction of the specified pest into the Union territory.(11)In order to ensure the timely control of the specified wood by the competent authorities, the importer should, prior to importation, notify each consignment of the specified wood sufficiently in advance to the competent authority of the Member State of the envisaged first place of storage, in the format laid down in Article 40(1), point (c), of Commission Implementing Regulation (EU) 2019/1715Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the functioning of the information management system for official controls and its system components (the IMSOC Regulation) (OJ L 261, 14.10.2019, p. 37)..(12)Taking into account that a systems approach can be established, which can effectively eliminate the risk of introduction of the specified pest into the Union territory, the specified wood should be allowed to be introduced into the Union territory, under certain requirements. As this Regulation addresses a particular phytosanitary risk which is not yet fully assessed, its requirements are to have a temporary character, in accordance with Article 8 of Implementing Regulation (EU) 2019/2072. Therefore, this Regulation should apply until 30 September 2026.(13)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: