Commission Implementing Regulation (EU) 2023/1492 of 19 July 2023 amending Annex VII to Implementing Regulation (EU) 2019/2072 as regards the introduction into the Union territory of certain forms of wood originating in Canada and the United States
Commission Implementing Regulation (EU) 2023/1492of 19 July 2023amending Annex VII to Implementing Regulation (EU) 2019/2072 as regards the introduction into the Union territory of certain forms of wood originating in Canada and 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,Whereas:(1)Certain forms of wood of Chionanthus virginicus L., Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., originating from Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine and the United States, may only be introduced into the Union territory if they comply with the requirements set out in point 87 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)Those requirements aim to protect the Union from Agrilus planipennis Fairmaire ("the specified pest").(3)By way of derogation from point 87(a) and (b) of Annex VII to Implementing Regulation (EU) 2019/2072, wood of Fraxinus L. ("ash wood") may be introduced into the Union territory from Canada in accordance with the special requirements set out in Commission Implementing Regulation (EU) 2020/918Commission Implementing Regulation (EU) 2020/918 of 1 July 2020 establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for the introduction into the Union of ash wood originating or processed in Canada (OJ L 209, 2.7.2020, p. 14).. Those requirements are similar to the requirements established for the same wood from the same origin by Commission Implementing Decision (EU) 2016/412Commission Implementing Decision 2016/412 of 17 March 2016 authorising Member States to provide for a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of ash wood originating or processed in Canada (OJ L 74 19.3.2016, p. 41).. That Regulation expires on 30 June 2023.(4)By way of derogation from point 87(a) and (b) of Annex VII to Implementing Regulation (EU) 2019/2072, ash wood may be introduced into the Union territory from the United States in accordance with the special requirements set out in Commission Implementing Regulation (EU) 2020/1002Commission Implementing Regulation (EU) 2020/1002 of 9 July 2020 establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for introduction into the Union of ash wood originating or processed in the United States (OJ L 221, 10.7.2020, p. 122).. Those requirements are similar to the requirements established by Commission Implementing Decision (EU) 2018/1203Commission Implementing Decision (EU) 2018/1203 of 21 August 2018 authorising Member States to provide for a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of ash wood originating or processed in the United States of America and repealing Commission Implementing Decision (EU) 2017/204 (OJ L 217, 27.8.2018, p. 7). for the same wood with the same origin. That Regulation also expires on 30 June 2023.(5)Those special requirements have proven effective, during the application of Implementing Regulations (EU) 2020/918 and (EU) No 2020/1002, to protect the Union territory from the specified pest. Moreover, similar requirements have proven effective during the application of Implementing Decisions (EU) 2016/412 and 2018/1203.(6)On the basis of the evidence collected, it is concluded that the phytosanitary risk from the introduction of ash wood into the Union territory from Canada and the United States is reduced to an acceptable level and that appropriate mitigation measures are put in place in those third countries.(7)It appears that the special requirements set out in Implementing Regulations (EU) 2020/918 and (EU) No 2020/1002 are appropriate mitigation measures. It is therefore appropriate to include them in point 87 of Annex VII to Implementing Regulation 2019/2072.(8)Annex VII should provide that one of the following special requirements for the introduction into the Union territory of ash wood must be fulfilled: ash wood should either undergo ionizing irradiation or originate in a pest free area subject to certain conditions or undergo a process of debarking, sawing, heat treatment and drying, subject to specific conditions and in combination with specific requirements regarding the facilities where the wood is produced, handled or stored. In the last option, and in order to ensure effective controls and transparency, each bundle of the wood should visibly display both a number and a label with the words "HT-KD" or "Heat Treated – Kiln Dried".(9)Commission Implementing Regulation (EU) 2020/1164Commission Implementing Regulation (EU) 2020/1164 of 6 August 2020 providing for a temporary derogation from certain provisions of Implementing Regulation (EU) 2019/2072 in respect of measures to prevent the introduction into and the spread within the Union of the pest Agrilus planipennis Fairmaire from Canada and the United States (OJ L 258, 7.8.2020, p. 6). provides that, by way of derogation from point 87 to Annex VII to Implementing Regulation (EU) 2019/2072, certain forms of wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold and Zucc. ("the specified wood"), originating in Canada and the United States, may be introduced into the Union territory under official statements referred to in options (a) and (b) of that point 87. That Regulation expires on 30 June 2023. It provides for the following two options as requirements for the introduction into the Union territory: the specified wood was to originate in a pest free area subject to certain conditions or to undergo ionizing irradiation under specific conditions.(10)Those special requirements have proven effective, during the application of Implementing Regulation (EU) 2020/1164, to protect the Union territory from the specified pest. Moreover, similar requirements have proven effective during the application of Implementing Decisions (EU) 2016/412 and 2018/1203.(11)Therefore, it is concluded that the phytosanitary risk from the introduction of ash wood into the Union territory from Canada and the United States is fully assessed and appropriate mitigation measures are put in place in those third countries.(12)It is therefore appropriate to include in Annex VII to Implementing Regulation 2019/2072 the special requirements that are provided for in Implementing Regulation (EU) 2020/1164 concerning the introduction into the Union territory of ash wood from Canada and the United States.(13)Canada and the United States should thus be removed from the fourth column of point 87 of Annex VII to Implementing Regulation (EU) 2019/2072, and a new point should be added to that Annex, providing for the same two options as those provided for by Implementing Regulation (EU) 2020/1164.(14)Annex VII to Implementing Regulation (EU) 2019/2072 should thus be amended accordingly.(15)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: