(1)

Commission Implementing Decision (EU) 2019/1614 (3) authorised Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC (4) in respect of tubers of Solanum tuberosum L., other than those intended for planting, originating in the regions of Akkar and Bekaa of Lebanon (‘the specified plants’).

(2)

On 12 January 2023, Lebanon submitted a request for a prolongation of the derogation, granted by Implementing Decision (EU) 2019/1614, beyond 31 March 2023.

(3)

Regulation (EU) 2016/2031 has replaced Directive 2000/29/EC, while Commission Implementing Regulation (EU) 2019/2072 (5) has replaced Annexes I to V to that Directive.

(4)

Implementing Regulation (EU) 2019/2072 sets out requirements concerning the introduction into the Union territory of certain plants, plant products or other objects to protect the Union territory from phytosanitary risks. Point 17(a) and (b) of Annex VI to that Regulation prohibits the introduction into the Union territory of tubers of Solanum tuberosum L., unless they originate in certain third countries or regions, or in countries known to be free from Clavibacter sepedonicus (‘the specified pest’), or which apply rules recognised as equivalent to the Union rules against that pest.

(5)

Lebanon has submitted information that the regions of Akkar and Bekaa were free from the specified pest during the 2020, 2021 and 2022 growing seasons. That information demonstrates that the specified plants are grown under adequate phytosanitary conditions to ensure the protection of the Union territory from the specified pest. Moreover, during the application of Implementing Decision (EU) 2019/1614, no presence of the specified pest or other Union quarantine pests has been found on the specified plants during and after their introduction into the Union territory. For this reason, that derogation should be granted again subject to certain requirements to ensure that no Union quarantine pests are present on the specified plants when they are introduced into the Union territory.

(6)

The specified plants should be allowed to be introduced into the Union territory only through designated border control posts, to ensure effective controls and reduction of any phytosanitary risk.

(7)

Inspection requirements should be set out to ensure control of the phytosanitary risk. Sampling and testing of the specified plants at the border control posts should be carried out in order to ensure the phytosanitary protection of the Union territory in accordance with the existing test scheme established by Commission Implementing Regulation (EU) 2022/1194 (6), as that scheme complies with the most updated international standards.

(8)

The specified plants should only be introduced into the Union territory if they are appropriately labelled, in particular to indicate the Lebanese origin and that the specified plants are not for planting. This is necessary to prevent the specified plants from being planted and to ensure their identification and traceability.

(9)

Due to the constraints of the COVID-19 pandemic and internal violent conflicts, Lebanon did not possess all resources to carry out a full assessment of the pest status of the regions of Akkar and Bekaa, thus it needs more time to complete that assessment. Therefore, and as this Regulation addresses a particular phytosanitary risk, which is not yet fully assessed, the requirements it provides are to have a temporary character pursuant to Article 7 of Implementing Regulation (EU) 2019/2072.

(10)

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

(1)

‘specified plants’ means tubers of Solanum tuberosum L., other than those intended for planting, originating in the regions of Akkar or Bekaa of Lebanon;

(2)

‘specified pest’ means Clavibacter sepedonicus (Spieckermann & Kotthoff 1914) Nouioui et al. 2018;

(3)

‘pest free areas’ means those areas of Akkar or Bekaa in Lebanon, that have been officially declared to be free from the specified pest by the Lebanese plant protection organization, in accordance with the International Standard for Phytosanitary Measures No 4 on requirements for the establishment of pest free areas (7) and have been communicated by Lebanon to the Commission annually.

(a)

the statement ‘In accordance with European Union requirements laid down in Commission Implementing Regulation (EU) 2023/1572’;

(b)

the lot number(s) corresponding to each specific exported lot;

(c)

the name of the pest free area of origin; and

(d)

the name and the registration number of the registered producer(s) referred to in point 3 of the Annex.

(a)

they have been presented for introduction into the Union territory as lots, each lot being made up of specified plants produced by a single producer and harvested in one single pest free area;

(b)

each lot of the specified plants does not contain more than 1 % by net weight of soil and growing medium; and

(c)

they are moved in bags, packages or other containers, each of which is labelled in accordance with Article 6.