Commission 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

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 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/EC⁽¹⁾, and in particular Article 41(2) thereof,

Whereas:

Council Directive 2000/29/EC⁽²⁾ has been repealed and replaced by Regulation (EU) 2016/2031, while the provisions of its Annexes have been replaced by the provisions of Commission Implementing Regulation (EU) 2019/2072⁽³⁾.
Agrilus planipennis Fairmaire is a pest listed in Annex II, Part A, to Regulation (EU) 2019/2072 as an organism not known to occur in the Union. It is also listed as priority pest in Commission Delegated Regulation (EU) 2019/1702⁽⁴⁾.
Following the information collected in 2018 during two Commission audits in Canada and the United States the implementation of the conditions set out under option (b) of point 2.3 of Annex IV, Part A, Section I to Directive 2000/29/EC were not sufficiently verified prior to export. Commission Implementing Decision (EU) 2018/1959⁽⁵⁾ therefore only allowed the introduction into the Union of wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold and Zucc. originating in Canada and the United States (‘the specified wood’) under official statements referred to in options (a) and (c) of point 2.3 of Annex IV, Part A, Section I to Directive 2000/29/EC. Implementing Decision (EU) 2018/1959 expired on 30 June 2020.
The provisions set out under point 87 of Annex VII to Regulation (EU) 2019/2072 establish special requirements to prevent the introduction into and the spread within the Union of the pest Agrilus planipennis Fairmaire through wood originating in certain third countries. The provisions of option (b) of point 2.3 of Annex IV, Part A, Section I to Directive 2000/29/EC are now reflected under option (b) of point 87 of Annex VII to Regulation (EU) 2019/2072.
In view of the results of the Commission audits carried out in Canada and the United States in 2018, it is still considered appropriate to only allow the introduction into the Union of wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold and Zucc. originating in those third countries under official statements referred to in options (a) and (c) of point 87 of Annex VII to Regulation (EU) 2019/2072.
This Regulation should apply until 30 June 2023, to allow for the review of point 87 of Annex VII to Regulation (EU) 2019/2072 on the basis of scientific and technical developments.
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:

Article 1

By way of derogation from the provisions set out under point 87 in Annex VII to Regulation (EU) 2019/2072, the introduction into the Union territory of wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold and Zucc. (‘the specified wood’), as described in the Annex to this Regulation, originating in Canada and the United States, shall only be allowed under official statements referred to in options (a) and (c) of that point 87.

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply until 30 June 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 August 2020.

For the Commission

The President

Ursula von der Leyen

ANNEXSpecified wood as referred to in Article 1

Specified wood shall mean wood as described in the following table:

Plants, plant products and other objects	CN codes
Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., other than in the form of chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees, wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment, but including wood which has not kept its natural round surface, and furniture and other objects made of untreated wood	ex44011200 ex44031200 ex44039900 ex44042000 ex44061200 ex44069200 4407 95 10 4407 95 91 4407 95 99 ex44079927 ex44079940 ex44079990 ex44089015 ex44089035 ex44089085 ex44089095 ex44160000 ex94061000

Plants, plant products and other objects

CN codes

Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., other than in the form of

chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees,
wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

but including wood which has not kept its natural round surface, and furniture and other objects made of untreated wood

ex44011200

ex44031200

ex44039900

ex44042000

ex44061200

ex44069200

4407 95 10

4407 95 91

4407 95 99

ex44079927

ex44079940

ex44079990

ex44089015

ex44089035

ex44089085

ex44089095

ex44160000

ex94061000