Commission Implementing Regulation (EU) 2023/1572 of 25 July 2023 establishing a derogation from Implementing Regulation (EU) 2019/2072 concerning the introduction into the Union territory of tubers of Solanum tuberosum L., other than those intended for planting, originating in certain regions of Lebanon
Commission Implementing Regulation (EU) 2023/1572of 25 July 2023establishing a derogation from Implementing Regulation (EU) 2019/2072 concerning the introduction into the Union territory of tubers of Solanum tuberosum L., other than those intended for planting, originating in certain regions of LebanonTHE 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 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 40(2) and 41(1) 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 52 thereof,Whereas:(1)Commission Implementing Decision (EU) 2019/1614Commission Implementing Decision (EU) 2019/1614 of 26 September 2019 authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon (OJ L 250, 30.9.2019, p. 85). authorised Member States to provide for derogations from certain provisions of 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). in respect of tubers of Solanum tuberosum L., other than those intended for planting, originating in the regions of Akkar and Bekaa of Lebanon ("the specified plants").(2)On 12 January 2023, Lebanon submitted a request for a prolongation of the derogation, granted by Implementing Decision (EU) 2019/1614, beyond 31 March 2023.(3)Regulation (EU) 2016/2031 has replaced Directive 2000/29/EC, while 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). has replaced Annexes I to V to that Directive.(4)Implementing Regulation (EU) 2019/2072 sets out requirements concerning the introduction into the Union territory of certain plants, plant products or other objects to protect the Union territory from phytosanitary risks. Point 17(a) and (b) of Annex VI to that Regulation prohibits the introduction into the Union territory of tubers of Solanum tuberosum L., unless they originate in certain third countries or regions, or in countries known to be free from Clavibacter sepedonicus ("the specified pest"), or which apply rules recognised as equivalent to the Union rules against that pest.(5)Lebanon has submitted information that the regions of Akkar and Bekaa were free from the specified pest during the 2020, 2021 and 2022 growing seasons. That information demonstrates that the specified plants are grown under adequate phytosanitary conditions to ensure the protection of the Union territory from the specified pest. Moreover, during the application of Implementing Decision (EU) 2019/1614, no presence of the specified pest or other Union quarantine pests has been found on the specified plants during and after their introduction into the Union territory. For this reason, that derogation should be granted again subject to certain requirements to ensure that no Union quarantine pests are present on the specified plants when they are introduced into the Union territory.(6)The specified plants should be allowed to be introduced into the Union territory only through designated border control posts, to ensure effective controls and reduction of any phytosanitary risk.(7)Inspection requirements should be set out to ensure control of the phytosanitary risk. Sampling and testing of the specified plants at the border control posts should be carried out in order to ensure the phytosanitary protection of the Union territory in accordance with the existing test scheme established by Commission Implementing Regulation (EU) 2022/1194Commission Implementing Regulation (EU) 2022/1194 of 11 July 2022 establishing measures to eradicate and prevent the spread of Clavibacter sepedonicus (Spieckermann & Kotthoff 1914) Nouioui et al. 2018 (OJ L 185, 12.7.2022, p. 47)., as that scheme complies with the most updated international standards.(8)The specified plants should only be introduced into the Union territory if they are appropriately labelled, in particular to indicate the Lebanese origin and that the specified plants are not for planting. This is necessary to prevent the specified plants from being planted and to ensure their identification and traceability.(9)Due to the constraints of the COVID-19 pandemic and internal violent conflicts, Lebanon did not possess all resources to carry out a full assessment of the pest status of the regions of Akkar and Bekaa, thus it needs more time to complete that assessment. Therefore, and as this Regulation addresses a particular phytosanitary risk, which is not yet fully assessed, the requirements it provides are to have a temporary character pursuant to Article 7 of Implementing Regulation (EU) 2019/2072.(10)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: