Commission Implementing Regulation (EU) 2024/2931 of 27 November 2024 amending Implementing Regulation (EU) 2018/2019 as regards certain plants for planting of Prunus avium, Prunus canescens, Prunus cerasus, Prunus pseudocerasus and Prunus spinosa originating in the United Kingdom, and Implementing Regulation (EU) 2020/1213 as regards the phytosanitary measures for the introduction of those plants for planting into the Union

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), third 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 the Annex to Implementing Regulation (EU) 2018/2019 as high-risk plants. That list includes the genus Prunus L.

3. Commission Implementing Regulation (EU) 2020/1213⁽³⁾ sets out the phytosanitary measures for the introduction into the Union territory of certain plants, plant products and other objects, which have been removed from the Annex to Implementing Regulation (EU) 2018/2019, but for which phytosanitary risks are not yet fully assessed. This is because one or more pests hosted by those plants are not yet included in the list of Union quarantine pests set out in Annex II to Commission Implementing Regulation (EU) 2019/2072⁽⁴⁾, but they may fulfil the conditions to be included in that list following a further complete risk assessment.

4. On 31 March 2023, the United Kingdom⁽⁵⁾ submitted to the Commission a request for export to the Union of up to 1-year-old budwood/graftwood of Prunus avium with a maximum diameter of 12 mm; up to 7-year-old plants for planting in growing medium of Prunus avium and Prunus avium grafted on Prunus avium, Prunus canescens, Prunus cerasus or Prunus pseudocerasus rootstocks, with a maximum diameter of 40 mm at the base of the stem; up to 7-year-old bare-rooted plants for planting of Prunus avium and Prunus avium grafted on Prunus avium, Prunus canescens, Prunus cerasus or Prunus pseudocerasus rootstocks, with a maximum diameter of 40 mm at the base of the stem; and up to 15-year-old plants for planting of Prunus avium in growing medium, with a maximum diameter of 80 mm at the base of the stem (‘the plants indicated in the first request’). That request was supported by the relevant technical dossier (technical dossier of 31 March 2023).

5. On 23 May 2024, the European Food Safety Authority (the Authority) adopted a scientific opinion regarding the risk assessment of the plants indicated in the first request⁽⁶⁾ (Opinion of 23 May 2024). The Authority identified Bemisia tabaci (European populations), Colletotrichum aenigma, Eulecanium excrescens, Scirtothrips dorsalis, Takahashia japonica, Tobacco ringspot virus and Tomato ringspot virus as pests relevant for those plants, evaluated the risk mitigation measures described in the technical dossier of 31 March 2023 and estimated the likelihood of freedom of the relevant plants from those pests.

6. On 9 June 2023, the United Kingdom submitted to the Commission a request for export to the Union of up to 1-year-old budwood/graftwood of Prunus spinosa with a maximum diameter of 12 mm; up to 7-year-old bare-rooted plants for planting of Prunus spinosa with a maximum diameter of 40 mm at the base of the stem; and up to 7-year-old plants for planting of Prunus spinosa in growing medium, with a maximum diameter of 40 mm at the base of the stem (‘the plants indicated in the second request’). That request was supported by the relevant technical dossier (technical dossier of 9 June 2023).

7. On 19 June 2024, the Authority adopted a scientific opinion regarding the risk assessment of the plants indicated in the second request⁽⁷⁾ (Opinion of 19 June 2024). The Authority identified Bemisia tabaci (European populations), Eulecanium excrescens and Scirtothrips dorsalis 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.

8. On the basis of the Opinions of 23 May 2024 and 19 June 2024, the phytosanitary risk arising from the introduction into the Union territory of both the plants indicated in the first request and the plants indicated in the second request is considered to be reduced to an acceptable level, provided that appropriate measures are applied to address the risk of pests related to those plants.

9. For the relevant plants indicated in the first request, the Authority identified the pests known to use as hosts either Prunus avium, Prunus canescens, Prunus cerasus or Prunus pseudocerasus. As the phytosanitary risk from the introduction into the Union territory of large and older trees (80 mm and 15-year-old) is considered to be reduced to an acceptable level with the application of appropriate measures, it is therefore justified to conclude that the phytosanitary risk from the introduction of all plants for planting of Prunus avium, Prunus canescens, Prunus cerasus and Prunus pseudocerasus, irrespective of their size, age, grafted or not, or bare-rooted or in growing medium, originating in the United Kingdom, is reduced to an acceptable level with the application of appropriate measures.

10. Consequently, plants for planting of Prunus avium, Prunus canescens, Prunus cerasus and Prunus pseudocerasus, up to 1-year-old budwood/graftwood of Prunus spinosa with a maximum diameter of 12 mm and up to 7-year-old non-grafted plants for planting of Prunus spinosa with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom (‘the relevant plants’), 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.

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

12. The measures described by the United Kingdom in the technical dossiers of 31 March 2023 and 9 June 2023 are considered sufficient to reduce to an acceptable level the risk arising from the introduction into the Union territory of the relevant plants. Those measures should therefore be laid down as phytosanitary import requirements in [the Annex to Implementing Regulation (EU) 2020/1213 to ensure the phytosanitary protection of the Union territory.

13. Bemisia tabaci (European populations) is listed as a protected zone quarantine pest in Annex III to Implementing Regulation (EU) 2019/2072, while Scirtothrips dorsalis is listed as a Union quarantine pest in Annex II to that Implementing Regulation.

14. Tobacco ringspot virus and Tomato ringspot virus are now listed as Union Regulated non-quarantine pests in Annex IV to Implementing Regulation (EU) 2019/2072.

15. Takahashia japonica is not yet included in the list of Union quarantine pests in Annex II to Implementing Regulation (EU) 2019/2072. Nevertheless, on the basis of evidence provided by the Member States indicating that the impact of that pest on its host plants in the Union is not significant, no import requirements are necessary with respect to that pest.

16. Colletotrichum aenigma and Eulecanium excrescens are not yet included in the list of Union quarantine pests. A complete pest risk assessment needs to become available, to determine whether those pests should be listed in Annex II to Implementing Regulation (EU) 2019/2072, and whether as a consequence the relevant plants, together with the relevant specific requirements should be listed in Annex VII to that Regulation.

17. Implementing Regulation (EU) 2020/1213 should therefore be amended to include the pests Colletotrichum aenigma and Eulecanium excrescens, and their corresponding requirements.

18. 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: