(1)

In 2011, Italy informed the Commission that a new aggressive strain of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (‘the specified pest’), the causal agent of kiwi canker, was present in its territory and that it had adopted official measures to prevent the further introduction and spread within its territory of the specified pest. The available information also showed that this aggressive strain of the specified pest was present in a third country that exports the propagating material of kiwi plants, including pollen, to the Union. That information remains relevant today to the Union territory.

(2)

For this reason, the Commission adopted Implementing Decision 2012/756/EU (2).

(3)

Implementing Decision 2012/756/EU was replaced by Implementing Decision (EU) 2017/198 (3), which expired on 31 March 2020.

(4)

The specified pest is not listed as a Union quarantine pest in Annex II, protected zone quarantine pest in Annex III or regulated non-quarantine pest in Annex IV to Commission Implementing Regulation (EU) 2019/2072 (4).

(5)

The reasons for the adoption of Implementing Decision (EU) 2017/198, including the respective preliminary pest risk analysis of the Commission, remain valid. Due to the ongoing phytosanitary risk posed by the specified pest, measures should be adopted concerning the introduction into the Union of live pollen and plants intended for planting, other than seeds, of Actinidia Lindl. (‘the specified plants’) from third countries. Measures should also be provided for the movement within the Union of those plants that originate in the Union. Those measures should be the same as the measures set out in Implementing Decision (EU) 2017/198, as they have proven effective to protect the Union territory from the specified pest.

(6)

In order to ensure an increased level of protection of the Union territory from the specified pest, specified plants introduced into the Union should be rigorously inspected and, where appropriate, tested for the presence of the specified pest at the border control post or at destination control point established in accordance with Commission Delegated Regulation (EU) 2019/2123 (5).

(7)

Implementing Decision (EU) 2017/198 should be repealed and replaced by this Regulation. This is necessary in order to take into account the provisions of Regulation (EU) 2016/2031 and Implementing Regulation (EU) 2019/2072, which apply since 14 December 2019.

(8)

This Regulation should apply as soon as possible in order to replace Implementing Decision (EU) 2017/198, which expired on 31 March 2020. It should enter into force on the third day following that of its publication in the Official Journal of the European Union.

(9)

Member States should, where applicable, adapt their legislation in order to comply with this Regulation.

(10)

This Regulation should apply until 31 December 2021 to allow time to monitor the evolution of the situation and determine the phytosanitary status of the specified pest in respect of the Union territory.

(11)

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

(a)

The specified plants have been grown throughout their life in a country where the specified pest is known not to occur.

(b)

The specified plants have been grown throughout their life in a pest-free area, established as regards the specified pest by the National Plant Protection Organisation (NPPO) of the country of origin in accordance with the Food and Agriculture Organisation of the United Nations’ (FAO) International Standard for Phytosanitary Measures (ISPM) No 4 (6). The name of the pest-free area shall be included in the certificate under the heading ‘Place of Origin’.

(c)

The specified plants have been produced in a pest-free place or a pest-free site of production, established as regards the specified pest by the NPPO of the country of origin in accordance with the FAO’s ISPM No 10 (7). The specified plants have been grown in a structure with a degree of isolation and protection from the outside environment that effectively excludes the specified pest. At that place or site the specified plants have been officially inspected twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export and found free from the specified pest.

That place or site of production is surrounded by a zone with a radius of at least 100 metres, where official inspections were carried out twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export and any specified plants showing symptoms of infection which were found during those inspections were immediately destroyed.

(d)

The specified plants have been produced in a pest-free place of production established as regards the specified pest by the NPPO of the country of origin in accordance with the FAO’s ISPM No 10. At that place the specified plants have been officially inspected, sampled and tested twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export and found free from the specified pest.

That place of production is surrounded by a zone with a radius of 4 500 metres (‘the surrounding zone’), where one of the following conditions has been fulfilled:

In the case of points (ii) and (iii), all specified plants within that zone at a distance of 500 m to 4 500 m from the place of production have been destroyed or tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified pest in the specified plants is below 0,1 %.

(a)

the specified plants have been directly derived from mother plants grown under the conditions set out in points (a), (b) or (c) of Article 4;

(b)

the specified plants have been directly derived from mother plants, which were subject to prior individual testing confirming their freedom from the specified pest;

(c)

the specified plants have been tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified pest in the specified plants is below 0,1 %.

(a)

The specified plants have been grown throughout their life in a Member State where the specified pest is not known to occur.

(b)

The specified plants have been grown throughout their life in a protected zone listed in Annex III of Implementing Regulation (EU) 2019/2072.

(c)

The specified plants have been grown throughout their life in a pest-free area, established as regards the specified pest by the competent authority of a Member State of origin in accordance with the FAO’s ISPM No 4.

(d)

The specified plants have been produced in a pest-free place or a pest-free site of production, established as regards the specified pest by the responsible official body of the Member State of origin in accordance with the FAO’s ISPM No 10. The specified plants have been grown in a structure with a degree of isolation and protection from the outside environment that effectively excludes the specified pest. At that place or site, the specified plants have been officially inspected twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement and found free from the specified pest.

That place or site of production is surrounded by a zone with a radius of at least 100 metres, where official inspections were carried out twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement and any plants showing symptoms of infection which were found during those inspections were immediately destroyed.

(e)

The specified plants have been produced in a pest-free place of production, established as regards the specified pest by the competent authority of the Member State of origin in accordance with the FAO’s ISPM No 10.

At that place the specified plants have been officially inspected, sampled and tested twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement and found free from the specified pest.

That place of production is surrounded by a zone with a radius of 500 metres (‘the surrounding zone’), where one of the following conditions have been fulfilled:

The surrounding zone is itself encircled by a further zone, with a width of 4 000 metres, where one of the following conditions has been fulfilled:

(a)

the specified plants have been directly derived from mother plants grown under the conditions set out in points (a), (b), (c) or (d) of Article 8;

(b)

the specified plants have been directly derived from mother plants, subject to prior individual testing confirming their freedom from the specified pest;

(c)

the specified plants have been tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified pest in the specified plants is below 0,1 %.