(1)

Commission Implementing Decision (EU) 2018/1137 (3) provides for plant health checks and measures to be taken on wood packaging material in use in the transport of specified commodities originating in Belarus and China and it was applicable until 30 June 2020. Those rules applied in addition to those of Commission Delegated Regulation (EU) 2019/2125 (4) concerning specific official controls of wood packaging material.

(2)

Plant health checks conducted by Member States on the basis of Implementing Decision (EU) 2018/1137 have shown that the marking of wood packaging material used in the transport of certain commodities originating in Belarus and China does not always comply with Regulation (EU) 2016/2031. Furthermore, plant health checks conducted by Member States on the basis of their risk assessments, recorded in TRACES and previously in the EUROPHYT-Interceptions web-based system, have shown that the marking of wood packaging material used in the transport of certain commodities originating in India does not always comply with that Regulation.

(3)

The non-compliances found by Member States demonstrate that there is a risk of introduction of live pests with the wood packaging material used in the transport of certain commodities from those three countries of origin, namely Belarus, China and India, and that those commodities should be subject to specific checks.

(4)

In order to prevent the consequences of such non-compliance in the future, measures should be adopted as regards wood packaging material for the transport of certain commodities originating in Belarus, China and India.

(5)

In order to ensure a better preparation of the authorities carrying out the respective plant health checks, the competent authorities or operators involved in the importation of the specified commodities accompanied by wood packaging material should give, as soon as they are aware of the arrival of that wood packaging material, advance notice thereof to the competent authority of the border control post of first arrival.

(6)

The wood packaging material of consignments of the specified commodities should be subject to plant health checks on a regular basis. Based on the identified plant health risk, the rate of those checks should be no lower than 15 % of the imported wood packaging material of the specified commodities, to ensure that a representative sample is checked.

(7)

The wood packaging material, as well as the specified commodities, should be subject to the Union rules concerning customs supervision until those plant health checks are completed, in order to ensure that their free movement within the Union territory does not introduce any phytosanitary risks.

(8)

Plant health checks should take place at the border control post of first arrival into the Union territory or at control points referred to in point (a) of Article 53(1) of Regulation (EU) 2017/625, in order to ensure that those checks are carried out in the most appropriate facilities.

(9)

For the purposes of legal clarity, Implementing Decision (EU) 2018/1137 should be repealed and replaced by this Regulation, in order to take account of Regulations (EU) 2016/2031 and (EU) 2017/625, which are applicable since 14 December 2019.

(10)

In order for the Member States to have time to adapt to the requirements provided for by this Regulation, it should apply from 1 March 2021.

(11)

This Regulation should apply until 31 December 2023 to allow time to monitor the situation and determine compliance of the wood packaging material and the respective consignments with this Regulation and Regulation (EU) 2016/2031.

(12)

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

(1)

‘wood packaging material’ means any wood product in the form of packing cases, boxes, crates, drums and similar packing, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds; raw wood of 6 mm thickness or less, processed wood produced by glue, heat and pressure, or a combination thereof, and dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment, are excluded;

(2)

‘specified commodities’ means commodities that fulfil all of the following:

(1)

the competent authorities or operators which are responsible for the introduction of the wood packaging material concerned or which are aware of the arrival thereof into the Union territory, notify in advance to the competent authority of the border control post of first arrival that the wood packaging material concerned will be introduced into the Union territory;

(2)

the plant health checks provided for in point (a) of Article 4(1) of this Regulation show that the wood packaging material concerned meets the requirements of points (a) and (b) of Article 43(1) of Regulation (EU) 2016/2031.