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Document 32024R2004

Commission Implementing Regulation (EU) 2024/2004 of 23 July 2024 amending Implementing Regulation (EU) 2019/2072 as regards the listing of pests and rules on the introduction into, and movement within, the Union territory of plants, plant products and other objects

C/2024/5052

OJ L, 2024/2004, 26.7.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/2004/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

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ELI: http://data.europa.eu/eli/reg_impl/2024/2004/oj

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Official Journal
of the European Union

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2024/2004

26.7.2024

COMMISSION IMPLEMENTING REGULATION (EU) 2024/2004

of 23 July 2024

amending Implementing Regulation (EU) 2019/2072 as regards the listing of pests and rules on the introduction into, and movement within, the Union territory of plants, plant products and other objects

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 5(2) and (3), Article 35(2), Article 37(2) and (4), Article 40(2), Article 41(2), Article 53(2), Article 54(2), Article 72(1), Article 74(2), Article 79(2) and Article 80(2) thereof,

Whereas:

(1)

Commission Implementing Regulation (EU) 2019/2072 (2) establishes a list of Union quarantine pests, protected zone quarantine pests and Union regulated non-quarantine pests (‘RNQPs’). It further sets out requirements for the introduction into, or movement within, the Union territory of certain plants, plant products and other objects, in order to prevent the entry, establishment and spread of those pests in the Union territory.

(2)

Updated or new scientific and technical information from pest risk assessments, pest risk categorisations and pest risk analyses carried out by the European Food Safety Authority (‘the Authority’), the European and Mediterranean Plant Protection Organisation (‘EPPO’) and the Member States, is available and serves as a basis for listing of new pests. As a result, the respective special requirements for the introduction into, and movement within, the Union of the plants, plant products and other objects affected by those pests, together with the respective rules on the certification of those commodities, need to be updated. Moreover, due to the presence of Union quarantine pests on imported consignments from certain origins new special requirements concerning certain pathways and third countries should be adopted.

(3)	Furthermore, outbreaks of Union quarantine pests in the Union territory, show that it is necessary to revise the status of certain Union quarantine pests depending on whether they are known or not known to occur in the Union territory.

(4)	The name of the pest Guignardia laricina (Sawada) W. Yamam & Kaz. Itô should be replaced by Neofusicoccum laricinum (Sawada) Y. Hattori & C. Nakashima (3), in order to reflect the latest developments of the international nomenclature identified by EPPO (4).

(5)

The pest Melampsora medusae f. sp. tremuloidis Shain no longer fulfils the conditions of Article 3 and Section 1 of Annex I to Regulation (EU) 2016/2031 in respect to its potential unacceptable environmental, social and economic impact due to its host specificity. Therefore, it no longer qualifies as a Union quarantine pest and should be removed from the list of Union quarantine pests set out in Annex II to Implementing Regulation (EU) 2019/2072.

(6)

In Annex II to Implementing Regulation (EU) 2019/2072, certain entries concerning Union quarantine pests of the groups Choristoneura spp. and Cicadomorpha, which are known to be vectors of Xylella fastidiosa, Margarodidae, Tephritidae and Citrus leprosis viruses, do not yet include the associated codes assigned by EPPO. As EPPO has created those codes after the last amendment of Implementing Regulation (EU) 2019/2072, Annex II to that Regulation should include those codes.

(7)

Furthermore, it had been found that the pests Neoceratitis asiatica (Becker), Neoceratitis cyanescens (Bezzi) and Neotephritis finalis (Loew) belonging to the Tephritidae family fulfil all of the conditions of Article 3 and Section 1 of Annex I to Regulation (EU) 2016/2031, regarding their listing as Union quarantine pests (5). They should therefore be included in the list of Union quarantine pests set out in Annex II to Implementing Regulation (EU) 2019/2072.

(8)

Commission Implementing Regulation (EU) 2022/1265 (6) establishes measures to prevent the introduction into and the spread within the Union territory of Rose rosette virus. Annual surveys in all Member States have shown that the virus and its vector Phyllocoptes fructiphilus (Germar) are not present in the Union territory. Based on the pest risk analysis of EPPO (7), it has been found that the pest and its vector fulfil the conditions of Article 3 and Section 1 of Annex I to Regulation (EU) 2016/2031 in respect of the Union territory. They should therefore be included in the list of Union quarantine pests in Annex II to Implementing Regulation (EU) 2019/2072, as Union quarantine pests not known to be present in the Union territory. As a consequence, the special requirements for the introduction of Rosa L. plants, other than seeds, originating in Canada, India or the United States and set out in Implementing Regulation (EU) 2022/1265, should be included in Annex VII to Implementing Regulation (EU) 2019/2072.

(9)

Ripersiella hibisci Kawai and Takagi, Sweet potato chlorotic stunt virus and Sweet potato mild mottle virus no longer fulfil the conditions of Article 3 and Section 1 of Annex I to Regulation (EU) 2016/2031 to be listed as Union quarantine pests. This is because the impact of those pests on the host plants, observed by Member States in the outbreaks occurring in the Union territory, is not significant. Therefore, the criterion of having an unacceptable economic, social and/or environmental impact on the Union territory is no longer fulfilled. Consequently, the special requirements for the plants for planting, other than dormant plants, plants in tissue culture, seeds, bulbs, tubers, corms and rhizomes, laid down in Annex VII to Implementing Regulation (EU) 2019/2072 for Sweet potato chlorotic stunt virus and Sweet potato mild mottle virus, should be deleted.

(10)

Furthermore, Draeculacephala minerva Ball [DRAEMI] and Draeculacephala sp. [1DRAEG] are both listed as Union quarantine pests in Annex II to Implementing Regulation (EU) 2019/2072. For reasons of clarity, the entry Draeculacephala minerva Ball [DRAEMI] should be deleted, as it is a species of the genus Draeculacephala [1DRAEG].

(11)

Tobacco ringspot virus and Tomato ringspot virus are present on several ornamental plants in the Union territory, but a limited impact is observed at the occurring outbreaks. Eradication measures on those ornamental hosts are thus not justifiable. They no longer fulfil the conditions of Article 3 and Section 1 of Annex I to Regulation (EU) 2016/2031 in respect to the criterion of unacceptable environmental, social and economic impact on the Union territory. They should therefore be removed from the list of Union quarantine pests in Annex II to Implementing Regulation (EU) 2019/2072. As a result, the special requirements for plants for planting of Malus Mill. and Pelargonium L’Herit. ex Ait., other than seeds, and plants for planting of Prunus L. and Rubus L. set out in Annex VII to Implementing Regulation (EU) 2019/2072 for Tomato ringspot virus, should be deleted.

(12)

On the basis of a methodology developed by EPPO (8), it is appropriate to conclude that Tobacco ringspot virus fulfils the criteria for RNQPs as set out in Article 36 and in Section 4 of Annex I to Regulation (EU) 2016/2031 for certain host plants. It is therefore justified to include that pest in Parts H and J of Annex IV to Implementing Regulation (EU) 2019/2072, listing RNQPs in relation to seed of oil and fibre plants and fruit propagating material and fruit plants intended for fruit production of Glycine max (L.) Merr. and Vaccinium L., respectively. Moreover, and in order to prevent the presence of that pest on the seeds of Glycine max (L.) Merr., specific measures should be laid down in Part G of Annex V to Implementing Regulation (EU) 2019/2072.

(13)

On the basis of a methodology developed by EPPO 8, it is appropriate to conclude that Tomato ringspot virus fulfils the criteria for RNQPs as set out in Article 36 and in Section 4 of Annex I to Regulation (EU) 2016/2031 for certain host plants. It is therefore justified to include that pest in Part J of Annex IV to Implementing Regulation (EU) 2019/2072, listing RNQPs in relation to fruit propagating material and fruit plants intended for fruit production of Malus Mill., Prunus L., Rubus L. and Vaccinium L.

(14)

On the basis of a methodology developed by EPPO 8, it is appropriate to conclude that Pucciniastrum minimum (Schweinitz) Arthur fulfils the criteria for RNQPs as set out in Article 36 and in Section 4 of Annex I to Regulation (EU) 2016/2031 for certain host plants. It is therefore justified to include that pest in Part J of Annex IV to Implementing Regulation (EU) 2019/2072, listing RNQPs in relation to fruit propagating material and fruit plants intended for fruit production of Vaccinium L. with a tolerance threshold of 0 %.

(15)

Member States’ experience with Fig mosaic agent has shown the lack of significant economic impact of the presence of that pest on Ficus carica L. plants. Consequently, that pest no longer fulfils the conditions of Article 36 and in Section 4 of Annex I to Regulation (EU) 2016/2031 with respect to its potential unacceptable economic impact on the intended use of Ficus carica L. plants. It should therefore be removed from the list of RNQP pests in Part J of Annex IV to Implementing Regulation (EU) 2019/2072.

(16)

In accordance with point 16 of Annex VI to Implementing Regulation (EU) 2019/2072, the introduction into the Union territory of plants for planting of stolon- or tuber-forming species of Solanum L. or their hybrids, other than the tubers of Solanum tuberosum L. as specified in point 15 of that Annex, is prohibited. Those plants also include seeds of Solanum L. However, the CN codes listed in point 16 do not include the one for seeds of Solanum L. Therefore, and for reasons of clarity and legal certainty, the CN code for those seeds should be added in that point. For the same reason, the relevant entry of the CN code for seeds of Solanum L. in Part A of Annex XI to that Regulation should be deleted.

(17)

Certain parts of the territory of Portugal were recognised as a protected zone with respect to Gonipterus scutellatus Gyllenhal. Portugal has requested, in accordance with Article 35(2) of Regulation (EU) 2016/2031, that the status of its entire territory as a protected zone in respect of that protected zone quarantine pest is withdrawn. Following that request, the entire territory of Portugal should therefore no longer be recognised as a protected zone in respect to Gonipterus scutellatus Gyllenhal, and the relevant entries in Annexes III and X to Implementing Regulation (EU) 2019/2072 should be deleted.

(18)

A recent scientific opinion of the Authority on the probability of introduction of Thaumatotibia leucotreta (Meyrick) into the Union territory through the imports of cut roses (9) has concluded that cut flowers of Rosa L. provide an introduction pathway for that pest, which is listed in Part A of Annex II to Implementing Regulation (EU) 2019/2072 as a Union quarantine pest not known to occur in the Union territory. Given the continued non-compliances of cut flower Rosa L. consignments due to the presence of that pest, established as a result of border controls in the Union territory, it is justified to introduce special requirements in Annex VII to Implementing Regulation (EU) 2019/2072 for the introduction of these plants into the Union territory.

(19)

Aleurocanthus spiniferus (Quaintance) is a polyphagous Union quarantine pest, present in the Union territory. Special requirements exist in Annexes VII and VIII to Implementing Regulation (EU) 2019/2072 for the introduction into, and movement within, the Union territory of plant species found infested with that pest. Further surveys for the pest in the Union territory identified infestations of more host species. Therefore, the list of hosts should include those species.

(20)

Requirements concerning the introduction into, and movement within, the Union territory of certain plants, plant products and other objects are laid down in Commission Implementing Decision 2012/697/EU (10) to prevent the establishment and spread of Pomacea (Perry). In view of recent findings of this pest at border control inspections, those measures should be adapted to ensure the respective commodities are free from that pest. For reasons of legal consistency and clarity, those measures should be included in Annexes VII and VIII to Implementing Regulation (EU) 2019/2072, while Implementing Decision 2012/697/EU is to be repealed by Commission Implementing Regulation (EU) 2024/2013 (11).

(21)

Special requirements exist in Annexes VII and VIII to Implementing Regulation (EU) 2019/2072 for the introduction into, and movement within, the Union territory of certain plant species that host Agrilus planipennis Fairmaire. Furthermore, those plant species are included in the lists of plants, plant products and other objects subject to phytosanitary certificates or a plant passport of Annexes XI and XIII to Implementing Regulation (EU) 2019/2072, respectively. In accordance with the pest survey card of the Authority (12), the plants of Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc have not been confirmed as potential hosts of that pest, while species of those genera were found not to be suitable for larval development in field tests.

(22)	Consequently, all the respective references to those plants in Annexes VII, VIII, XI and XIII to Implementing Regulation (EU) 2019/2072 should be deleted.

(23)

Furthermore, Article 4 of Commission Implementing Regulation (EU) 2024/434 (13) lays down provisions for derogations from the establishment of a demarcated area when the presence of that pest is officially confirmed. Therefore, and for reasons of consistency and legal clarity, points 26 to 29 of Annex VIII to Implementing Regulation (EU) 2019/2072 should provide for exempting the plants subject to those derogations from the respective requirements.

(24)	Certain CN codes, or their descriptions, used in Annexes VI, VII, X, XI and XIII to Implementing Regulation (EU) 2019/2072, should be aligned with the updated codes of Annex I to Council Regulation (EEC) No 2658/87 (14).

(25)	Implementing Regulation (EU) 2019/2072 should therefore be amended accordingly.

(26)

The rules on listing of new Union quarantine pests, for which no measures have been adopted pursuant to Article 30 of Regulation (EU) 2016/2031, the rules on listing of new RNQPs and the relevant measures and the measures for plants for planting in relation to the pest Pomacea (Perry) and Aleurocanthus spiniferus (Quaintance) should apply from 26 January 2025. That period is necessary to allow the competent authorities and professional operators to adapt to the new requirements.

(27)

Based on comments received from third countries, following consultations carried out within the framework of the World Trade Organisation (Sanitary and Phytosanitary Measures Agreement) and with the respective Union stakeholders, the measures for cut flowers of Rosa L. in relation to the pest Thaumatotibia leucotreta (Meyrick) should apply from 26 April 2025. That period is necessary to allow the competent authorities and professional operators to adapt to the new requirements.

(28)	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

Amendments to Implementing Regulation (EU) 2019/2072

Implementing Regulation (EU) 2019/2072 is amended in accordance with the Annex to this Regulation.

Article 2

Entry into force and application

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

Points (1)(b)(vii) and (c)(iv), point (3), point (4), points (6)(a), (e) and (h) and points (7)(a) and (b) of the Annex shall apply from 26 January 2025.

Point 6(i) of the Annex shall apply from 26 April 2025.

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

Done at Brussels, 23 July 2024.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 317, 23.11.2016, p. 4, ELI: http://data.europa.eu/eli/reg/2016/2031/oj.

(2) Commission 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, ELI: http://data.europa.eu/eli/reg_impl/2019/2072/oj).

(3) EPPO (2024) Neofusicoccum laricinum. EPPO datasheets on pests recommended for regulation. Available online. https://gd.eppo.int.

(4) Annual Report and Council Recommendations 2022. EPPO Bulletin. 2023;53:675–690; DOI: 10.1111/epp.12975.

(5) Pest categorisation of non-EU Tephritidae. EFSA Journal 2020;18(1):5931, 62 pp. https://doi.org/10.2903/j.efsa.2020.5931.

(6) Commission Implementing Regulation (EU) 2022/1265 of 20 July 2022 establishing measures to prevent the introduction into and the spread within the Union territory of Rose Rosette Virus (OJ L 192, 21.7.2022, p. 14, ELI: http://data.europa.eu/eli/reg_impl/2022/1265/oj).

(7) EPPO (2018), Pest risk analysis for Rose rosette virus and its vector Phyllocoptes fructiphilus. Available at https://gd.eppo.int/taxon/RRV000/documents.

(8) A methodology for preparing a list of recommended regulated non-quarantine pests (RNQPs). EPPO Bulletin (2017) 47(3), pp. 551–558. https://doi.org/10.1111/epp.12420.

(9) Assessment of the probability of introduction of Thaumatotibia leucotreta into the European Union with import of cut roses. EFSA Journal, 21(10), pp. 1–166. https://doi.org/10.2903/j.efsa.2023.8107.

(10) Commission Implementing Decision 2012/697/EU of 8 November 2012 as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry) (OJ L 311, 10.11.2012, p. 14, ELI: http://data.europa.eu/eli/dec_impl/2012/697/oj).

(11) Commission Implementing Regulation (EU) 2024/2013 of 23 July 2024 on measures to prevent the establishment and spread within the Union territory and to eradicate Pomacea (Perry) and repealing Commission Implementing Decision 2012/697/EU, (OJ L, 2024/2013, 26.7.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/2013/oj).

(12) EFSA (European Food Safety Authority), 2023. Pest survey card on Agrilus planipennis. EFSA supporting publication 2023:EN-8479. Available online: https://efsa.europa.eu/plants/planthealth/monitoring/surveillance/agrilus-planipennis.

(13) Commission Implementing Regulation (EU) 2024/434 of 5 February 2024 on measures to prevent the establishment and spread of Agrilus planipennis Fairmaire within the Union territory (OJ L, 2024/434, 6.2.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/434/oj).

(14) Commission Implementing Regulation (EU) 2023/2364 of 26 September 2023 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L, 2023/2364, 31.10.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2364/oj).

ANNEX

Implementing Regulation (EU) 2019/2072 is amended as follows:

(1)

Part A of Annex II is amended as follows:

(a)

table ‘2. Fungi and oomycetes’ is amended as follows:

(i)	points 13 and 18 are deleted;

(ii)

the following point is inserted between points 21 and 22:

‘21.1.

Neofusicoccum laricinum (Sawada) Y. Hattori & C. Nakashima [GUIGLA]’

(b)

table ‘3. Insects and mites’ is amended as follows:

(i)

point 22.5. is replaced by the following:

‘22.5.

Choristoneura occidentalis biennis Freeman [CHONBI]’;

(ii)

point 23 is replaced by the following:

‘23.

Cicadomorpha, known to be vectors of Xylella fastidiosa (Wells et al.):

23.1.

Acrogonia citrina Marucci [ACRGCI]

23.2.

Acrogonia virescens (Metcalf) [ACRGVI]

23.3.

Aphrophora angulata Ball [APHRAN]

23.4.

Aphrophora permutata Uhler [APHRPE]

23.5.

Bothrogonia ferruginea (Fabricius) [TETTFE]

23.6.

Bucephalogonia xanthophis (Berg) [BUCLXA]

23.7.

Clastoptera achatina Germar [CLASAC]

23.8.

Clastoptera brunes Ball [CLASBR]

23.9.

Cuerna costalis (Fabricius) [CUERCO]

23.10.

Cuerna occidentalis Osman and Beamer [CUEROC]

23.11.

Cyphonia clavigera (Fabricius) [CYPACG]

23.12.

Dechacona missionum (Berg) [ONCMMI]

23.13.

Dilobopterus costalimai Young [DLBPCO]

23.14.

Draeculacephala sp. [DRAESP]

23.15.

Ferrariana trivittata (Signoret) [FRRATR]

23.16.

Fingeriana dubia Cavichioli [FINGDU]

23.17.

Friscanus friscanus (Ball) [FRISFR]

23.18.

Graphocephala atropunctata (Signoret) [GRCPAT]

23.19.

Graphocephala conﬂuens (Uhler) [GRCPCF]

23.20.

Graphocephala versuta (Say) [GRCPVE]

23.21.

Helochara delta Oman [HELHDE]

23.22.

Homalodisca ignorata Melichar [HOMLIG]

23.23.

Homalodisca insolita Walker [HOMLIN]

23.24.

Homalodisca vitripennis (Germar) [HOMLTR]

23.25.

Lepyronia quadrangularis (Say) [LEPOQU]

23.26.

Macugonalia cavifrons (Stal) [MAGOCA]

23.27.

Macugonalia leucomelas (Walker) [MAGOLE]

23.28.

Molomea consolida Schroder [MOLMCO]

23.29.

Neokolla hieroglyphica (Say) [GRCPHI]

23.30.

Neokolla severini DeLong [NKOLSE]

23.31.

Oncometopia facialis Signoret [ONCMFA]

23.32.

Oncometopia nigricans Walker [ONCMNI]

23.33.

Oncometopia orbona (Fabricius) [ONCMUN]

23.34.

Oragua discoidula Osborn [ORAGDI]

23.35.

Pagaronia confusa Oman [PGARCO]

23.36.

Pagaronia furcata Oman [PGARFU]

23.37.

Pagaronia tredecimpunctata Ball [PGARTR]

23.38.

Pagaronia triunata Ball [PGARTN]

23.39.

Parathona gratiosa (Blanchard) [PTHOGR]

23.40.

Plesiommata corniculata Young [PLSOCO]

23.41.

Plesiommata mollicella (Fowler) [PLSOMO]

23.42.

Poophilus costalis (Walker) [POOPCO]

23.43.

Sibovia sagata (Signoret) [SIBOSA]

23.44.

Sonesimia grossa (Signoret) [SONEGR]

23.45.

Tapajosa rubromarginata (Signoret) [TAPARU]

23.46.

Xyphon ﬂaviceps (Riley) [CARNFL]

23.47.

Xyphon fulgida (Nottingham) [CARNFU]

23.48.

Xyphon triguttata (Nottingham) [CARNTR]’

(iii)

point 44.1. is replaced by the following:

‘44.1.

Dimargarodes meridionalis Morrison [MARGME]’;

(iv)

point 44.4. is replaced by the following:

‘44.4.

Eurhizococcus colombianus Jakubski [EURHCO]’;

(v)

the following point is inserted between points 52 and 53:

‘52.1.

Phyllocoptes fructiphilus (Germar) [PHYCFR]’

(vi)	point 67 is deleted;

(vii)

point 77 is replaced by the following:

‘77.

Tephritidae:

77.1.

Acidiella kagoshimensis (Miyake) [ACIEKA]

77.2.

Acidoxantha bombacis de Meijere [ACIXBO]

77.3.

Acroceratitis distincta (Zia) [ACRSDI]

77.4.

Adrama spp. [1ADRAG]

77.5.

Anastrepha spp. [1ANSTG]

77.6.

Anastrepha ludens (Loew) [ANSTLU]

77.7.

Asimoneura pantomelas (Bezzi) [ASIMPA]

77.8.

Austrotephritis protrusa (Hardy & Drew) [AUSHPR]

77.9.

Bactrocera spp. [1BCTRG], except Bactrocera oleae (Gmelin) [DACUOL]

77.10.

Bactrocera dorsalis (Hendel) [DACUDO]

77.11.

Bactrocera latifrons (Hendel) [DACULA]

77.12.

Bactrocera zonata (Saunders) [DACUZO]

77.13.

Bistrispinaria fortis (Speiser) [BISRFO]

77.14.

Bistrispinaria magniceps (Bezzi) BISRMA]

77.15.

Callistomyia ﬂavilabris Hering [CLMYFL]

77.16.

Campiglossa albiceps (Loew) [CAMGAL]

77.17.

Campiglossa californica (Novak) [CAMGCA]

77.18.

Campiglossa duplex (Becker) [CAMGDU]

77.19.

Campiglossa reticulata (Becker) [CAMGRE]

77.20.

Campiglossa snowi (Hering) [CAMGSN]

77.21.

Carpomya incompleta (Becker) [CARYIN]

77.22.

Carpomya pardalina (Bigot) [CARYPA]

77.23.

Ceratitis spp. [1CERTG], except Ceratitis capitata (Wiedemann) [CERTCA]

77.24.

Craspedoxantha marginalis (Wiedemann) [CRSXMA]

77.25.

Dacus spp. [1DACUG]

77.26.

Dioxyna chilensis (Macquart) [DIOXCH]

77.27.

Dirioxa pornia (Walker) [TRYEMU]

77.28.

Euleia separata (Becker) [EULISE]

77.29.

Euphranta camelliae (Ito) [EPHNCA]

77.30.

Euphranta canadensis (Loew) [EPOCCA]

77.31.

Euphranta cassiae (Munro) [RHACCA]

77.32.

Euphranta japonica (Ito) [RHACJA]

77.33.

Euphranta oshimensis (Shiraki) [EPHNOS]

77.34.

Eurosta solidaginis (Fitch) [EUOSSO]

77.35.

Eutreta spp. [1EUTTG]

77.36.

Gastrozona nigrifemur David & Hancock [GASZNI]

77.37.

Goedenia stenoparia (Steyskal) [GOEDST]

77.38.

Gymnocarena spp. [GYMRSP]

77.39.

Insizwa oblita (Munro) [INZWOB]

77.40.

Marriottella exquisita Munro [MARREX]

77.41.

Monacrostichus citricola Bezzi [MNAHCI]

77.42.

Neaspilota alba (Loew) [NEAIAL]

77.43.

Neaspilota reticulata Norrbom & Foote [NEAIRE]

77.44.

Neoceratitis asiatica (Becker) [NCERAS]

77.45.

Neoceratitis cyanescens (Bezzi) [CERTCY]

77.46.

Neotephritis finalis (Loew) [NTPRFI]

77.47.

Paracantha trinotata (Foote) [PCANTR]

77.48.

Parastenopa limata (Coquillett) [PSTELI]

77.49.

Paratephritis fukaii Shiraki [PTEPFU]

77.50.

Paratephritis takeuchii Ito [PTEPTA]

77.51.

Paraterellia varipennis (Coquillett) [PTLLVA]

77.52.

Philophylla fossata (Fabricius) [PHIPFO]

77.53.

Procecidochares spp. [1PROIG]

77.54.

Ptilona conﬁnis (Walker) [PTIOCO]

77.55.

Ptilona persimilis Hendel [PTIOPE]

77.56.

Rhagoletis spp. [1RHAGG], except Rhagoletis alternata (Fallén) [RHAGAL], Rhagoletis batava Hering [RHAGBA], Rhagoletis berberidis Jermy [RHAGBE], Rhagoletis cerasi L. [RHAGCE], Rhagoletis cingulata (Loew) [RHAGCI], Rhagoletis completa Cresson [RHAGCO], Rhagoletis meigenii (Loew) [CERTME], Rhagoletis suavis (Loew) [RHAGSU], Rhagoletis zernyi Hendel [RHAGZR]

77.57.

Rhagoletis pomonella (Walsh) [RHAGPO]

77.58.

Rioxoptilona dunlopi (Wulp) [ACNVDU]

77.59.

Sphaeniscus binoculatus (Bezzi) [SFANBI]

77.60.

Sphenella nigricornis Bezzi [SFENNI]

77.61.

Strauzia spp. [1STRAG], except Strauzia longipennis (Wiedemann) [STRALO]

77.62.

Taomyia marshalli Bezzi [TAOMMA]

77.63.

Tephritis leavittensis Blanc [TEPRLE]

77.64.

Tephritis luteipes Merz [TEPRLU]

77.65.

Tephritis ovatipennis Foote [TEPROV]

77.66.

Tephritis pura (Loew) [TEPRPU]

77.67.

Toxotrypana curvicauda Gerstaecker [TOXTCU]

77.68.

Toxotrypana recurcauda Tigrero [ANSTRE]

77.69.

Trupanea bisetosa (Coquillett) [TRUPBI]

77.70.

Trupanea femoralis (Thomson) [TRUPFE]

77.71.

Trupanea wheeleri (Curran) [TRUPWH]

77.72.

Trypanocentra nigrithorax Malloch [TRYNNI]

77.73.

Trypeta ﬂaveola Coquillett [TRYEFL]

77.74.

Urophora christophi Loew [URORCH]

77.75.

Xanthaciura insecta (Loew) [XANRIN]

77.76.

Zacerata asparagi Coquillett [ZACEAS]

77.77.

Zeugodacus spp. [1ZEUDG]

77.78.

Zonosemata electa (Say) [ZONOEL]’

(c)

table ‘6. Viruses, viroids and phytoplasmas’ is amended as follows:

(i)

point 6 is replaced by the following:

‘6.

Citrus leprosis viruses:

6.1.	Citrus leprosis virus C [CILVC0]

6.2.	Citrus leprosis virus C2 [CILVC2]

6.3.	Hibiscus green spot virus 2 [HGSV20]

6.4.	Citrus strain of Orchid fleck virus [OFV00] (citrus strain)

6.5.	Citrus leprosis virus N sensu novo [CILVNO]

6.6.	Citrus chlorotic spot virus [CICSV0]’

(ii)

the following point is inserted between points 12 and 13:

‘12.1.

Rose rosette virus [RRV000]’

(iii)

points 15 and 16 are deleted;

(iv)	points 17 and 21 are deleted;

(2)	in Annex III, in the table, in section (c) ‘Insects and mites’, in point 6, in the third column ‘Protected zones’, point (b) is deleted;

(3)

Annex IV is amended as follows:

(a)

in Part H, the following table is added:

‘Viruses, viroids, virus-like diseases and phytoplasmas
RNQPs or symptoms caused by RNQPs	Plants for planting (genus or species)	Thresholds for pre-basic seed	Thresholds for basic seed	Thresholds for certified seed
Tobacco ringspot virus [TRSV00]	Glycine max (L.) Merr.	0 %	0 %	0 %’

(b)

Part J is amended as follows:

(i)

in the table ‘Fungi and oomycetes’, the following row is inserted between the entries on ‘Podosphaera mors-uvae (Schweinitz) Braun & Takamatsu [SPHRMU]’ and ‘Rhizoctonia fragariae Hussain & W.E.McKeen [RHIZFR]’:

‘Pucciniastrum minimum (Schweinitz) Arthur [THEKMI]

Vaccinium L., other than pollen and seeds

0 %’

(ii)

the table ‘Viruses, viroids, virus-like diseases and phytoplasmas’ is amended as follows:

(1)	the entry ‘Fig mosaic agent [FGM000]’ is deleted;

(2)

the following row is inserted between the entries on ‘Strawberry vein banding virus [SVBV00]’ and ‘Tomato black ring virus [TBRV00]’:

‘Tobacco ringspot virus [TRSV00]

Plants for planting other than pollen and seeds

Vaccinium L.

0 %’

(3)

the following row is added:

‘Tomato ringspot virus [TORSV0]

Plants for planting other than pollen and seeds

Malus Mill.; Prunus L. and Vaccinium L.

Plants for planting other than pollen

Rubus L.

0 %’

(4)

in Part G of Annex V, in point ‘3. Additional measures for seed of oil and fibre plants’ the following point is inserted between points 4 and 5:

‘(4.1.)

Measures on seeds of Glycine max (L.) Merr. to prevent the presence of Tobacco ringspot virus:

(a)	the seeds of Glycine max (L.) Merr. originate in areas known to be free from Tobacco ringspot virus, or

(b)

the production site has been subject to at least two field inspections during the growing season at appropriate times for detecting symptoms of infection from Tobacco ringspot virus, and all symptomatic plants have been removed and destroyed immediately after inspection and at the final inspection no plants have been found showing symptoms of Tobacco ringspot virus.’;

(5)	in Annex VI, in point 16., in the column ‘CN code’, ‘ex 1209 91 80 ’ is added;

(6)

Annex VII is amended as follows:

(a)

the following point is inserted between points 4.2. and 5:

‘4.3.

Plants for planting grown in fresh water or in soil that is permanently saturated with fresh water, other than seeds

ex 0602 20 20

ex 0602 20 80

ex 0602 30 00

ex 0602 40 00

ex 0602 90 20

ex 0602 90 30

ex 0602 90 41

ex 0602 90 45

ex 0602 90 46

ex 0602 90 47

ex 0602 90 48

ex 0602 90 50

ex 0602 90 70

ex 0602 90 91

ex 0602 90 99

Third countries

Official statement that the plants:

(a)	originate in a country recognised as being free from Pomacea (Perry), in accordance with the relevant International Standards for Phytosanitary Measures, or

(b)

originate in an area established by the national plant protection organisation in the country of origin as being free from Pomacea (Perry), in accordance with the relevant International Standards for Phytosanitary Measures, which is mentioned on the phytosanitary certificate under the rubric “place of origin”,

(c)	have been inspected immediately prior to export and have been found free from Pomacea (Perry).’

(b)	in point 7, in the column ‘Plants, plant products and other objects’, the second sentence, indents ‘Sweet potato chlorotic stunt virus’ and ‘Sweet potato mild mottle virus’ are deleted;

(c)	point 27 is deleted;

(d)

the following points are inserted between points 27 and 28:

‘27.1.

Plants for planting of Rosa L.,

other than pollen, seeds and plants in tissue culture

ex 0602 40 00

Canada, India, and United States

Official statement that:

(a)

the plants originate in an area established by the national plant protection organisation in the country of origin as being free from Rose rosette virus and its vector Phyllocoptes fructiphilus (Germar), in accordance with the relevant International Standards for Phytosanitary Measures, which is mentioned on the phytosanitary certificate under the rubric “place of origin”,

(b)

the plants:

(i)	originate in a place of production where no symptoms of Rose rosette virus and its vector Phyllocoptes fructiphilus (Germar), nor the presence of the vector, have been observed during official inspections since the start of the last growing season, and

(ii)	prior to export, have been sampled and tested for Rose rosette virus and have been found free of that pest in those tests and

(iii)

have been handled, packaged and transported in a manner to prevent infestation by the vector Phyllocoptes fructiphilus (Germar).

27.2.

Plants in tissue culture of Rosa L.

ex 0602 40 00

Canada, India, and United States

Official statement that:

(a)

(b)

the plants:

(i)	have been produced from mother plants tested and found free from Rose rosette virus, and

(ii)	have been handled in a manner to prevent infestation by the vector Phyllocoptes fructiphilus (Germar).

27.3.

Cut flowers of Rosa L.

ex 0603 11 00

Canada, India, and United States

Official statement that:

(a)

the cut flowers originate in an area established by the national plant protection organisation in the country of origin as being free from Rose rosette virus and its vector Phyllocoptes fructiphilus (Germar), in accordance with the relevant International Standards for Phytosanitary Measures, which is mentioned on the phytosanitary certificate under the rubric “place of origin”,

(b)

the cut flowers:

(i)	originate in a place of production where no symptoms of Rose rosette virus and its vector Phyllocoptes fructiphilus (Germar), nor the presence of the vector, have been observed during official inspections since the start of the last growing season, and

(ii)	prior to export, they have been inspected and, in case of symptoms of Rose rosette virus, they have been sampled and tested and found free of Rose rosette virus, and

(iii)

have been handled, packaged and transported in a manner to prevent infestation by the vector Phyllocoptes fructiphilus (Germar).’

(e)

in point 30.1., in the column ‘Plants, plant products and other objects’, the text is replaced by the following:

‘Plants for planting of Ceratonia siliqua L., Cercis siliquastrum L., Clematis vitalba L., Cotoneaster Medik., Crataegus L., Cydonia oblonga L., Diospyros kaki L., Eriobotrya japonica (Thunb.) Lindl., Ficus carica L., Hedera L., Magnolia L., Malus Mill., Melia L., Mespilus germanica L., Myrtus communis L., Parthenocissus Planch., Photinia Lindley., Prunus L., Psidium guajava L., Punica granatum L., Pyracantha M. Roem., Pyrus L., Rosa L. and Wisteria Nutt., other than seeds, pollen and plants in tissue culture’;

(f)

point 36 is replaced by the following:

‘36.

Plants of Chionanthus virginicus L. and Fraxinus L., other than fruit, pollen, seeds and plants in tissue culture

ex 0602 10 90

ex 0602 90 41

ex 0602 90 45

ex 0602 90 46

ex 0602 90 48

ex 0602 90 50

ex 0602 90 70

ex 0602 90 99

ex 0604 20 90

Belarus, Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and United States

Official statement that the plants originate in an area established by the national plant protection organisation in the country of origin as being free from Agrilus planipennis Fairmaire, in accordance with the International Standard for Phytosanitary Measures ISPM 4 (*), and located at a minimum distance of 100 km to the closest known area, where the presence of Agrilus planipennis Fairmaire has been officially confirmed.

The pest free area is mentioned on the phytosanitary certificate under the rubric “place of origin”, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin.’

(g)	point 40 is deleted;

(h)

points 46, 47 and 48 are replaced by the following:

‘46.

Plants for planting of Malus Mill., other than seeds

ex 0602 10 90

ex 0602 20 20

ex 0602 20 80

ex 0602 90 45

ex 0602 90 46

ex 0602 90 48

ex 0602 90 70

ex 0602 90 91

ex 0602 90 99

Third countries where Cherry rasp leaf virus is known to occur

Official statement that:

(a)

the plants have been:

(i)

officially certified under a certification scheme requiring that they are derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least Cherry rasp leaf virus using appropriate indicators or equivalent methods and has been found free, in these tests, from this pest,

(ii)

derived in direct line from material which is maintained under appropriate conditions and subjected, within the last three complete cycles of vegetation, at least once, to official testing for at least Cherry rasp leaf virus using appropriate indicators or equivalent methods and has been found free, in these tests, from this pest;

(b)	no symptoms caused by Cherry rasp leaf virus have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation.

47.

Plants for planting of Prunus L., other than seeds

ex 0602 10 90

ex 0602 20 20

ex 0602 20 80

ex 0602 90 41

ex 0602 90 45

ex 0602 90 46

ex 0602 90 48

ex 0602 90 70

ex 0602 90 91

ex 0602 90 99

Third countries where American plum line pattern virus, Cherry rasp leaf virus, Peach mosaic virus, Peach rosette mosaic virus are known to occur

Official statement that:

(a)

the plants have been:

(i)

officially certified under a certification scheme requiring that they are derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing at least for the relevant Union quarantine pests using appropriate indicators for the presence of those pests or equivalent methods and has been found free, in these tests, from those pests,

(ii)

derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing at least for the relevant Union quarantine pests, using appropriate indicators for the presence of those pests or equivalent methods and has been found free, in these tests, from those Union quarantine pests;

(b)	no symptoms of diseases caused by the relevant Union quarantine pests have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation.

48.

Plants for planting of Rubus L.

ex 0602 10 90

ex 0602 20 20

ex 0602 20 80

ex 0602 90 45

ex 0602 90 46

ex 0602 90 47

ex 0602 90 48

ex 1209 99 91

ex 1209 99 99

Third countries where Black raspberry latent virus is known to occur

Official statement that the plants are free from aphids, including their eggs,

and

(i)

the plants have been:

—

officially certified under a certification scheme requiring that they are derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing at least for Black raspberry latent virus, using appropriate indicators for the presence of Black raspberry latent virus or equivalent methods and has been found free, in these tests, from Black raspberry latent virus,

—

derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing at least for Black raspberry latent virus, using appropriate indicators for the presence of Black raspberry latent virus or equivalent methods and has been found free, in these tests, from Black raspberry latent virus;

(ii)	no symptoms of diseases caused by Black raspberry latent virus have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation.

48.1.

Plants for planting of Rubus L., other than seeds

ex 0602 10 90

ex 0602 20 20

ex 0602 20 80

ex 0602 90 45

ex 0602 90 46

ex 0602 90 47

ex 0602 90 48

Third countries where Raspberry leaf curl virus, Cherry rasp leaf virus are known to occur

Official statement that the plants are free from aphids, including their eggs,

and

(i)

the plants have been:

—

officially certified under a certification scheme requiring that they are derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing at least for the relevant Union quarantine pests, using appropriate indicators for the presence of those pests or equivalent methods and has been found free, in these tests, from those Union quarantine pests,

—

(ii)	no symptoms of diseases caused by the relevant Union quarantine pests have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation.’

(i)

point 62 is replaced by the following:

‘62.

Cut flowers of Rosa L. and fruits of Capsicum (L.), Citrus L., other than Citrus aurantiifolia (Christm.) Swingle Citrus limon (L.) Osbeck and Citrus sinensis Pers., Prunus persica (L.) Batsch and Punica granatum L.

0603 11 00

0709 60 10

0709 60 91

0709 60 95

0709 60 99

ex 0805 10 80

0805 21 10

0805 21 90

0805 22 00

0805 29 00

0805 40 00

ex 0805 90 00

0809 30 20

0809 30 30

0809 30 80

ex 0810 90 75

Countries of the African continent, Cape Verde, Saint Helena, Madagascar, La Reunion, Mauritius and Israel

Official statement that:

(a)

the cut flowers and the fruits originate in a country recognised as being free from Thaumatotibia leucotreta (Meyrick) in accordance with the relevant International Standards for Phytosanitary Measures, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin,

(b)

the cut flowers and the fruits originate in an area established by the national plant protection organisation in the country of origin as being free from Thaumatotibia leucotreta (Meyrick), in accordance with the International Standard for Phytosanitary Measures ISPM 4 (*). The pest free area is mentioned on the phytosanitary certificate under the rubric “place of origin”, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin,

(c)

the cut flowers and the fruits:

(i)

originate in a place of production established by the national plant protection organisation in the country of origin as being free from Thaumatotibia leucotreta (Meyrick) in accordance with the International Standard for Phytosanitary Measures ISPM 10 (**), and which is included in the list of place of production codes that has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin,

and

(ii)

have been subjected to official inspections carried out in the place of production at appropriate times during the growing season and prior to export, including a visual examination with an intensity to enable at least the detection of a 2 % level of infestation, with a level of confidence of 95 % in accordance with the International Standard for Phytosanitary Measures ISPM 31 (***) and including destructive sampling for fruits in case of symptoms, and have been found to be free from Thaumatotibia leucotreta (Meyrick),

and

(iii)

are accompanied by a phytosanitary certificate that indicates the place of production codes,

(d)

the cut flowers and the fruits:

(i)	have been produced in an approved site of production, which is included in the list of production site codes that has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin, and

(ii)

have been subjected to an effective systems approach to ensure freedom from Thaumatotibia leucotreta (Meyrick), in accordance with the International Standard for Phytosanitary Measures ISPM 14 (****), or an effective stand-alone post-harvest treatment to ensure freedom from Thaumatotibia leucotreta (Meyrick), provided that the respective systems approach used or the post-harvest treatment, together with documentary evidence of its effectiveness, have been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin and that postharvest treatment has been assessed by the European Food Safety Authority,

and

(iii)

prior to export, have been subjected to official inspections for the presence of Thaumatotibia leucotreta (Meyrick), with an intensity to enable at least the detection of 2 % level of infestation, with a level of confidence of 95 % in accordance with the International Standard for Phytosanitary Measures ISPM 31 (***) and including destructive sampling for fruits in case of symptoms,

and

(iv)	are accompanied by a phytosanitary certificate that indicates the production site codes and mentions the details of the post-harvest treatment used, or the use of the systems approach.’

(j)

points 87, 87.1., 87.2., 88 and 89 are replaced by the following:

‘87.

Wood of Chionanthus virginicus L. and Fraxinus L., 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 other objects made of untreated wood.

ex 4401 12 00

ex 4403 12 00

ex 4403 99 00

ex 4404 20 00

ex 4406 12 00

ex 4406 92 00

4407 95 10

4407 95 91

4407 95 99

ex 4407 99 27

ex 4407 99 40

ex 4407 99 90

ex 4408 90 15

ex 4408 90 35

ex 4408 90 95

ex 4409 29 10

ex 4409 29 91

ex 4409 29 99

ex 4416 00 00

ex 9406 10 00

Belarus, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and Ukraine

Official statement that:

(a)

the wood originates in an area established by the national plant protection organisation in the country of origin as being free from Agrilus planipennis Fairmaire, in accordance with the International Standard for Phytosanitary Measures ISPM 4 (*), and located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed. The pest free area is mentioned on the phytosanitary certificate under the rubric “place of origin”, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin,

(b)	the bark and at least 2,5 cm of the outer sapwood have been removed in a facility authorised and supervised by the national plant protection organisation, or

(c)	the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood.

87.1.

Wood of Fraxinus L. other than in the form of

—	chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees,

—

ex 4401 12 00

ex 4403 12 00

ex 4403 99 00

ex 4404 20 00

ex 4406 12 00

ex 4406 92 00

4407 95 10

4407 95 91

4407 95 99

ex 4408 90 15

ex 4408 90 35

ex 4408 90 95

ex 4409 29 10

ex 4409 29 91

ex 4409 29 99

ex 4416 00 00

ex 9406 10 00

Canada and United States

Official statement that:

the wood originates in an area established by the national plant protection organisation in the country of origin as being free from Agrilus planipennis Fairmaire, in accordance with the International Standard for Phytosanitary Measures ISPM 4 (*) and located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed. The pest free area is mentioned on the phytosanitary certificate under the rubric “place of origin”, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin,

b)	the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood, or

(c)

(i)

the wood has undergone all of the following steps:

—	debarking, i.e. the wood is either completely debarked or only contains visually separate and clearly distinct pieces of bark. Each of the pieces is less than 3 cm in width or, if they are larger than 3 cm in width, has a surface of less than 50 cm2;

—

sawing;

—	heat treatment, i.e. the wood is heated through its profile to at least 71 °C for 1 200 minutes in a heat chamber approved by the national plant protection organisation in the third country or an agency approved by that organisation; and

—	drying, i.e. the wood is dried following industrial drying schedules of at least two-week duration, recognised by the national plant protection organisation in the third country, and the final moisture content of the wood does not exceed 10 % expressed as a percentage of dry matter;

and

(ii)

the wood has been produced, handled or stored in a facility which fulfils all of the following requirements:

—	it is officially approved by the national plant protection organisation in the third country or by an agency approved by that organisation, pursuant to its certification programme concerning Agrilus planipennis Fairmaire;

—	it is registered in a database published on the website of the national plant protection organisation in the third country;

—

it is audited by the national plant protection organisation in the third country or an agency approved by that organisation, at least once per month and it has been concluded that it complies with the requirements of this Annex point. In case the audits have been performed by an agency other than the national plant protection organisation in the third country, that organisation has carried out audits of this work at least every six months. Those audits have included the verification of the procedures and documentation of the agency, and audits at approved facilities;

—	it uses equipment for the treatment of wood which has been calibrated consistently with the equipment’s manual of operation;

—

it keeps record of its procedures for verification by the national plant protection organisation in that country or an agency approved by that organisation, including the duration of treatment, temperatures during treatment and for each specific bundle to be exported, the compliance check and final moisture content,

and

(iii)

each bundle of the wood visibly displays both a number and a label with the words “HT-KD” or “Heat Treated – Kiln Dried”. That label has been issued by, or under the supervision of, a designated officer of the approved facility after verifying that the processing requirements set out in point (i) and the requirements for facilities set out in point (ii) have been complied with,

and

(iv)

the wood destined for the Union has been inspected by the national plant protection organisation in that country, or an agency officially approved by that authority, to ensure that the requirements laid down in points (i) and (iii) are met. The bundle number(s) corresponding to each specific bundle being exported and the name of the approved facility(ies) in the country of origin shall be mentioned on the phytosanitary certificate referred to under the rubric “Additional declaration”.

87.2.

Wood of Chionanthus virginicus L., other than in the form of

—	chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees,

—

ex 4401 12 00

ex 4403 12 00

ex 4403 99 00

ex 4404 20 00

ex 4406 12 00

ex 4406 92 00

ex 4407 99 27

ex 4407 99 40

ex 4407 99 90

ex 4408 90 15

ex 4408 90 35

ex 4408 90 95

ex 4409 29 10

ex 4409 29 91

ex 4409 29 99

ex 4416 00 00

ex 9406 10 00

Canada and United States

Official statement that:

(a)

the wood originates in an area established by the national plant protection organisation in the country of origin as being free from Agrilus planipennis Fairmaire, in accordance with the International Standard for Phytosanitary Measures ISPM 4 (*), and located at a minimum distance of 100 km to the closest known area, where the presence of that pest has been officially confirmed. The pest free area is mentioned on the phytosanitary certificate under the rubric “place of origin”, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin,

(b)	the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood.

88.

Wood in the form of chips, particles, shavings, wood waste and scrap obtained in whole or in part from Chionanthus virginicus L. and Fraxinus L.

ex 4401 22 90

ex 4401 49 00

Belarus, Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and United States

Official statement that the wood originates in an area established by the national plant protection organisation in the country of origin as being free from Agrilus planipennis Fairmaire, in accordance with the International Standard for Phytosanitary Measures ISPM 4 (*), and located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed. The pest free area is mentioned on the phytosanitary certificate under the rubric “place of origin”, provided that this freedom status has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin.

89.

Isolated bark and objects made of bark of Chionanthus virginicus L. and Fraxinus L.

ex 1404 90 00

ex 4401 49 00

Belarus, Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and United States

Official statement that the bark originates in an area established by the national plant protection organisation in the country of origin as being free from Agrilus planipennis Fairmaire, in accordance with the International Standard for Phytosanitary Measures ISPM 4 (*), and located at a minimum distance of 100 km to the closest known area, where the presence of the specified pest has been officially confirmed.

(7)

Annex VIII is amended as follows:

(a)

the following point is inserted between points 2.1. and 3:

‘2.2.

Plants for planting grown in fresh water or in soil that is permanently saturated with fresh water, other than seeds.

Official statement that the plants:

(a)	originate in areas which have been found free from Pomacea (Perry), or

(b)	have been inspected immediately prior to movement and have been found free from Pomacea (Perry).’

(b)

in point 17.1., in the column ‘Plants, plant products and other objects’, the text is replaced by the following:

‘Plants for planting of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, Ceratonia siliqua L., Cercis siliquastrum L., Clematis vitalba L., Cotoneaster Medik., Crataegus L., Cydonia oblonga L., Diospyros kaki L., Eriobotrya japonica (Thunb.) Lindl., Ficus carica L., Hedera L., Magnolia L., Malus Mill., Melia L., Mespilus germanica L., Myrtus communis L., Parthenocissus Planch., Photinia Lindley., Prunus L., Psidium guajava L., Punica granatum L., Pyracantha M. Roem., Pyrus L., Rosa L., Vitis L. and Wisteria Nutt., other than seeds, pollen and plants in tissue culture’;

(c)

points 26 to 29 are replaced by the following:

‘26.

Plants of Chionanthus virginicus L. and Fraxinus L., other than fruit and seeds.

The plants shall originate in an area which is known to be free from Agrilus planipennis Fairmaire and located at a distance of not less than 100 km to the closest area where the presence of Agrilus planipennis Fairmaire has been officially confirmed, except in the cases of Article 4 of Commission Implementing Regulation (EU) 2024/434.

27.

Wood of Chionanthus virginicus L. and Fraxinus L., originating in an area located at a distance of less than 100 km to the closest area, where the presence of Agrilus planipennis Fairmaire has been officially confirmed, except in the cases of Article 4 of Commission Implementing Regulation (EU) 2024/434, other than in the form of

—	chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees,

—

Official statement that:

(a)	the bark and at least 2,5 cm of the outer sapwood have been removed in a facility authorised and supervised by the national plant protection organisation, or

(b)	the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood.

28.

Wood in the form of chips, particles, shavings, wood waste and scrap obtained in whole or in part from Chionanthus virginicus L. and Fraxinus L.

The wood shall originate in an area which is known to be free from Agrilus planipennis Fairmaire and located at a distance of not less than 100 km to the closest area where the presence of Agrilus planipennis Fairmaire has been officially confirmed, except in the cases of Article 4 of Commission Implementing Regulation (EU) 2024/434.

29.

Isolated bark and objects made of bark of Chionanthus virginicus L. and Fraxinus L.

The bark shall originate in an area which is known to be free from Agrilus planipennis Fairmaire and located at a distance of not less than 100 km to the closest area where the presence of Agrilus planipennis Fairmaire has been officially confirmed, except in the cases of Article 4 of Commission Implementing Regulation (EU) 2024/434.’

(8)	in Annex X, in the table, in point 19, in the column ‘Protected zones’, point (b) is deleted;

(9)

Part A of Annex XI is amended as follows:

(a)

point 3 (‘Parts of plants, other than fruits and seeds, of’) is amended as follows:

(i)

the entry ‘Zea mays L.’ is replaced by the following:

‘Zea mays L.

Other vegetables, fresh or chilled:

– – –

Sweetcorn:

ex 0709 99 60

Maize (corn),

other:

ex 1005 90 00

Vegetable products of maize (Zea mays), not elsewhere specified or included, fresh:

ex 1404 90 00

Third countries other than Switzerland’

(ii)

the entry ‘Chionanthus virginicus L., Fraxinus L., Juglans L., Pterocarya Kunth and Ulmus davidiana Planch.’ is replaced by the following:

‘Chionanthus virginicus L. and Fraxinus L.

Foliage, branches and other parts of plants, without flowers or flower buds, being goods of a kind suitable for bouquets or for ornamental purposes, fresh:

ex 0604 20 90

Belarus, Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and United States’

(b)	in point 8 (‘Seeds of:’), the entry ‘Solanum tuberosum L.’ is deleted;

(c)

in point 11 (‘Isolated bark of:’), the entry ‘Chionanthus virginicus L., Fraxinus L., Juglans L., Pterocarya Kunth and Ulmus davidiana Planch.’ is replaced by the following:

‘Chionanthus virginicus L. and Fraxinus L.

Vegetable products of bark, not elsewhere specified or included:

ex 1404 90 00

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms:

–

Other:

ex 4401 49 00

Belarus, Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and United States’

(d)

in point 12 (‘Wood, where it:’), the entry ‘Chionanthus virginicus L., Fraxinus L., Juglans L., Pterocarya Kunth and Ulmus davidiana Planch., …’ is replaced by the following:

‘Chionanthus virginicus L. and Fraxinus L., and including wood which has not kept its natural round surface

–	Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms:

– –

Non-coniferous:

ex 4401 12 00

–	Wood in chips or particles:

– –	Non-coniferous:

– – –

Other, than of eucalyptus (Eucalyptus spp.):

ex 4401 22 90

–	Sawdust and wood waste and scrap, not agglomerated:

– –

Other:

ex 4401 49 00

Wood in the rough, not stripped of bark or sapwood, or roughly squared:

–	Treated with paint, stains, creosote or other preservatives:

– –

Non-coniferous:

ex 4403 12 00

Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared:

–

Other than treated with paint, stains, creosote or other preservatives:

ex 4403 99 00

Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise:

–

Non-coniferous:

ex 4404 20 00

Non-coniferous railway or tramway sleepers (cross-ties) of wood:

–

Not impregnated:

ex 4406 12 00

–

Other (than not impregnated):

ex 4406 92 00

Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm:

– –

Of ash (Fraxinus spp.):

4407 95 10

4407 95 91

4407 95 99

– –

Other:

ex 4407 99 27

ex 4407 99 40

ex 4407 99 90

Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm:

ex 4408 90 15

ex 4408 90 35

ex 4408 90 95

Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed:

- - -

Non-coniferous, other:

ex 4409 29 10

ex 4409 29 91

ex 4409 29 99

Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves:

ex 4416 00 00

Prefabricated buildings of wood:

ex 9406 10 00

Belarus, Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan, Ukraine and the United States’

(10)

in Annex XIII, point 4.1. is replaced by the following:

‘4.1.

Wood of Chionanthus virginicus L. and Fraxinus L., as referred to in point 27 of Annex VIII.’;

(11)	in Annexes VI, VII, X, XI and XII, all the references to CN code ‘ex 4401 40 90 ’ are replaced by ‘ex 4401 49 00 ’;

(12)	in Annexes VII, X and XI, all the references to CN code ‘ex 4401 40 10 ’ are replaced by ‘ex 4401 41 00 ’.

ELI: http://data.europa.eu/eli/reg_impl/2024/2004/oj

ISSN 1977-0677 (electronic edition)

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