Commission Implementing Regulation (EU) 2024/879 of 21 March 2024 amending Implementing Regulation (EU) 2018/2019 as regards certain plants for planting of Corylus avellana, originating in the United Kingdom

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/EC⁽¹⁾, and in particular Article 42(4), first subparagraph, thereof,

Whereas:

1. Commission Implementing Regulation (EU) 2018/2019⁽²⁾ establishes, on the basis of a preliminary risk assessment, a list of high risk plants, plant products and other objects.

2. Following a preliminary assessment, 34 genera and one species of plants for planting originating from third countries were provisionally listed in Implementing Regulation (EU) 2018/2019 as high risk plants. That list includes the genus Corylus L.

3. On 31 March 2023, the United Kingdom⁽³⁾ submitted to the Commission a request for export to the Union of the following plants for planting: up to 2-year-old plants for planting of Corylus avellana L. with a maximum diameter of 10 mm at the base of the stem, up to 7-year-old bare rooted plants for planting of Corylus avellana L. with a maximum diameter of 40 mm at the base of the stem, and up to 15-year-old plants for planting of Corylus avellana L. in growing medium with a maximum diameter of 20 cm at the base of the stem originating in the United Kingdom (‘the relevant plants’). That request was supported by the relevant technical dossier.

4. On 30 November 2023, the European Food Safety Authority (‘the Authority’) adopted a scientific opinion regarding the risk assessment of the relevant plants⁽⁴⁾. The Authority identified Phytophthora ramorum (non-EU isolates) and Thaumetopoea processionea as pests relevant for those plants, evaluated the risk mitigation measures described in the dossier and estimated the likelihood of freedom of the relevant plants from those pests.

5. Phytophthora ramorum (non-EU isolates) and Thaumetopoea processionea are listed as Union quarantine pest and protected zone quarantine pest in Annexes II and III to Commission Implementing Regulation (EU) 2019/2072⁽⁵⁾, respectively.

6. On the basis of the opinion of the Authority, the phytosanitary risk arising from the introduction into the Union territory of the relevant plants is considered acceptable.

7. In addition to the relevant plants, it is appropriate to include all up to 15-year-old bare rooted plants for planting of Corylus avellana L. with a maximum diameter of 20 cm at the base of the stem, despite the fact that the United Kingdom submitted a request for only up to 7-year-old bare rooted plants. This is because those plants, due to their bare-rooted nature, present a lower phytosanitary risk than the 15-year-old plants for planting in growing media, which are included in that request and have been subject to the Authority’s scientific opinion.

8. Consequently, up to 15-year-old plants for planting of Corylus avellana L., with a maximum diameter of 20 cm at the base of the stem, originating in the United Kingdom, should no longer be considered high-risk plants. They should therefore be removed from the list of high-risk plants, plant products and other objects in the Annex to Implementing Regulation (EU) 2018/2019.

9. Implementing Regulation (EU) 2018/2019 should therefore be amended accordingly.

10. The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION: