Commission Implementing Directive (EU) 2022/2438 of 12 December 2022 amending Directive 93/49/EEC and Implementing Directive 2014/98/EU as regards Union regulated non-quarantine pests on propagating material of ornamental plants, fruit plant propagating material and fruit plants intended for fruit production

• CELEX: Implementing Directive (EU) 2022/2438
• Articles: 7

Article 1 Amendment of Directive 93/49/EEC

The Annex to Directive 93/49/EEC is amended in accordance with Annex I to this Directive.

Article 2 Amendments of Implementing Directive 2014/98/EU

Implementing Directive 2014/98/EU is amended as follows:

(1)

in Article 10, paragraph 5 is replaced by the following:

‘5.   Paragraph 1 shall not apply to:

(a)

pre-basic mother plants and pre-basic material during cryopreservation;

(b)

pre-basic material where that material has been produced in areas known to, or established to, be free from the relevant pests in accordance with the relevant international standards for phytosanitary measures (Requirements for the establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC, FAO 2017).’;

(2)

in Article 16, paragraph 5 is replaced by the following:

‘5.   Paragraph 1 shall not apply to:

(a)

basic mother plants and basic material during cryopreservation;

(b)

basic material where that material has been produced in areas known to, or established to, be free from the relevant pests in accordance with the relevant international standards for phytosanitary measures (Requirements for the establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC, FAO 2017).’;

(3)

in Article 21, paragraph 5 is replaced by the following:

‘5.   Paragraph 1 shall not apply to:

(a)

certified mother plants and certified material during cryopreservation;

(b)

certified material where that material has been produced in areas known to, or established to, be free from the relevant pests in accordance with the relevant international standards for phytosanitary measures (Requirements for the establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC, FAO 2017).’;

(4)

in Article 26, paragraph 2 is replaced by the following:

‘2.   Paragraph 1 shall not apply to:

(a)

CAC material during cryopreservation;

(b)

CAC material where that material has been produced in areas known to, or established to, be free from the relevant pests in accordance with the relevant international standards for phytosanitary measures (Requirements for the establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC, FAO 2017).’;

(5)

Article 32 is replaced by the following:

‘Article 32

Transitional measures

Member States may until 31 December 2029 allow the marketing of seeds and seedlings produced from pre-basic, basic and certified mother plants or CAC material which existed before 1 January 2017, and have been officially certified or meet the conditions to be qualified as CAC material before 31 December 2029. When marketed, such materials shall be identified by a reference to this Article on the label and a document.’;

(6)

Annexes I, II, IV and V are amended in accordance with Annex II to this Directive.

Article 3 Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2023 at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law, which they adopt in the field covered by this Directive.

Article 4 Entry into force

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

Article 5 Addressees

This Directive is addressed to the Member States.

Schedules & Appendices

ANNEX I Amendments to Directive 93/49/EEC

ANNEX I

Amendments to Directive 93/49/EEC

The Annex to Directive 93/49/EEC is amended as follows:

(1)

between the entry for ‘ Erwinia amylovora (Burrill) Winslow et al . [ERWIAM]’ and the entry for ‘ Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie [PSDMPE]’, the following entry is inserted:

‘ Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto [PSDMAK]

Plants for planting other than seeds

Actinidia Lindl.

0 %’

(2)

between the entry for ‘ Lecanosticta acicola (von Thümen) Sydow [SCIRAC]’ and the entry for ‘ Plasmopara halstedii (Farlow) Berlese & de Toni [PLASHA]’, the following entry is inserted:

‘ Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld [PHYTRA]

Plants for planting other than pollen and seeds

Camellia L., Castanea sativa Mill., Fraxinus excelsior L., Larix decidua Mill., Larix kaempferi (Lamb.) Carrière, Larix × eurolepis A. Henry, Pseudotsuga menziesii (Mirb.) Franco, Quercus cerris L., Quercus ilex L., Quercus rubra L., Rhododendron L. other than R. simsii L., Viburnum L.

0 %’

ANNEX II Amendments to Implementing Directive 2014/98/EU

ANNEX II

Amendments to Implementing Directive 2014/98/EU

Implementing Directive 2014/98/EU is amended as follows:

(1)

in Annex I, in the entry for ‘ Fragaria L.’, in the second column, the entry ‘ Candidatus Phytoplasma australiense Davis et al. [PHYPAU]’ is deleted;

(2)

Annex II is amended as follows:

(a)

between headings of the columns of the table and the entry for ‘ Citrus L., Fortunella Swingle and Poncirus Raf.’, the following entry is inserted:

‘ Castanea sativa Mill.

Fungi and oomycetes

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld [PHYTRA]’

(b)

in the entry for ‘ Vaccinium L.’, in the second column, before the text ‘Viruses, viroids, virus-like diseases and phytoplasmas’, the following text is inserted:

‘ Fungi and oomycetes

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld [PHYTRA]’

(3)

Annex IV is amended as follows:

(a)

Section 1‘ Castanea sativa Mill.’, is amended as follows:

(i)

point (b) ‘Pre-basic category’, point (c) ‘Basic category’ and point (d) ‘Certified and CAC categories’ are replaced by the following;

‘(b)

Pre-basic category

Requirements with regard to the production site, place of production or area

In the case where a derogation is allowed to produce pre-basic material in the field under non-insect proof conditions pursuant to Commission Implementing Decision (EU) 2017/925  ( *1 ) , the following requirements shall apply:

(i)

Cryphonectria parasitica (Murrill) Barr:

—

propagating material and fruit plants of the pre-basic category shall be produced in areas established by the competent authority as being free from Cryphonectria parasitica (Murrill) Barr in accordance with relevant International Standards for Phytosanitary Measures; or

—

no symptoms of Cryphonectria parasitica (Murrill) Barr shall be observed at the production site on propagating material and fruit plants of the pre-basic category over the last complete cycle of vegetation.

(ii)

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld:

—

propagating material and fruit plants of the pre-basic category shall be produced in areas established by the competent authority as being free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld in accordance with relevant International Standards for Phytosanitary Measures; or

—

no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on propagating material and fruit plants of the pre-basic category at the production site over the last complete cycle of vegetation.

(c)

Basic category

Requirements with regard to the production site, place of production or area

(i)

Cryphonectria parasitica (Murrill) Barr:

—

propagating material and fruit plants of the basic category shall be produced in areas established by the competent authority as being free from Cryphonectria parasitica (Murrill) Barr in accordance with relevant International Standards for Phytosanitary Measures; or

—

no symptoms of Cryphonectria parasitica (Murrill) Barr shall be observed at the production site on propagating material and fruit plants of the basic category over the last complete cycle of vegetation.

(ii)

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld:

—

propagating material and fruit plants of the basic category shall be produced in areas established by the competent authority as being free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld in accordance with relevant International Standards for Phytosanitary Measures; or

—

no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on propagating material and fruit plants of the basic category at the production site over the last complete cycle of vegetation.

(d)

Certified and CAC categories

Requirements with regard to the production site, place of production or area

(i)

Cryphonectria parasitica (Murrill) Barr:

—

propagating material and fruit plants of the certified and CAC categories shall be produced in areas established by the competent authority as being free from Cryphonectria parasitica (Murrill) Barr in accordance with relevant International Standards for Phytosanitary Measures; or

—

no symptoms of Cryphonectria parasitica (Murrill) Barr shall be observed at the production site on propagating material and fruit plants of the certified and CAC categories over the last complete cycle of vegetation; or

—

propagating material and fruit plants of the certified and CAC categories showing symptoms of Cryphonectria parasitica (Murrill) Barr shall be rogued out, the remaining propagating material and fruit plants shall be inspected at weekly intervals and no symptoms shall be observed at the production site for at least three weeks before dispatch.

(ii)

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld:

—

propagating material and fruit plants of the certified and CAC categories shall be produced in areas established by the competent authority as being free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld in accordance with relevant International Standards for Phytosanitary Measures; or

—

no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on propagating material and fruit plants of the certified and CAC categories at the production site over the last complete cycle of vegetation;

or

—

—

propagating material and fruit plants of the certified and CAC categories showing symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld at the production site and all plants within a 2 m radius of the symptomatic propagating material and fruit plants, shall be rogued out and destroyed, including adhering soil;

and

—

for all plants located within a 10 m radius of symptomatic propagating material and fruit plants and any remaining propagating material and fruit plants from the affected lot:

—

within three months following the detection of symptomatic propagating material and fruit plants, no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on that propagating material and those fruit plants in at least two inspections at appropriate times to detect the pest and during that three-month period no treatments suppressing symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be carried out; and

—

after that three-month period:

—

no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld are observed on that propagating material and those fruit plants at the production site; or

—

a representative sample of that propagating material and those fruit plants to be moved shall be tested and found free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld; and

and

—

for all other propagating material and fruit plants at the production site:

—

no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on that propagating material and those fruit plants at the production site; or

—

a representative sample of that propagating material and those fruit plants to be moved has been tested and found free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld.

( *1 )   Commission Implementing Decision (EU) 2017/925 of 29 May 2017 temporarily authorising certain Member States to certify pre-basic material of certain species of fruit plants, produced in the field under non-insect proof conditions, and repealing Implementing Decision (EU) 2017/167 ( OJ L 140, 31.5.2017, p. 7 )’;"

(b)

in Section 4 ‘ Cydonia oblonga Mill.’, point (b) ‘Pre-basic category’, the part ‘ Requirements with regard to the production site, place of production or area’

is deleted;

(c)

in Section 6 ‘ Fragaria L.’ point (d) ‘Certified category’, ‘Requirements with regard to the production site, place of production or area’, point (iii), the indent ‘1 % in the case of:’, the entry ‘ Candidatus Phytoplasma australiense Davis et al. ’ is deleted;

(d)

Section 8 ‘ Malus Mill.’ is amended as follows:

(i)

in point (c) ‘Basic category’, the following section is added:

‘

Requirements with regard to the production site, place of production or area

(i)

Candidatus Phytoplasma mali Seemüller & Schneider

—

propagating material and fruit plants of the basic category shall be produced in areas known to be free from Candidatus Phytoplasma mali Seemüller & Schneider; or

—

no symptoms of Candidatus Phytoplasma mali Seemüller & Schneider shall be observed on propagating material and fruit plants of the basic category at the production site over the last complete growing season, and any symptomatic plants in the immediate vicinity shall be rogued out and immediately destroyed;

(ii)

Erwinia amylovora (Burrill) Winslow et al.

—

propagating material and fruit plants of the basic category shall be produced in areas known to be free from Erwinia amylovora (Burrill) Winslow et al. ; or

—

propagating material and fruit plants of the basic category in the production site shall be inspected over the last complete growing season, and any propagating material and fruit plants showing symptoms of Erwinia amylovora (Burrill) Winslow et al. and any surrounding host plants shall be immediately rogued out and destroyed.’;

(ii)

in point (d) ‘Certified category’, the following section is added:

‘

Requirements with regard to the production site, place of production or area

(i)

Candidatus Phytoplasma mali Seemüller & Schneider

—

propagating material and fruit plants of the certified category shall be produced in areas known to be free from Candidatus Phytoplasma mali Seemüller & Schneider; or

—

no symptoms of Candidatus Phytoplasma mali Seemüller & Schneider shall be observed on propagating material and fruit plants of the certified category at the production site over the last complete growing season, and any symptomatic plants in the immediate vicinity shall be rogued out and immediately destroyed; or

—

symptoms of Candidatus Phytoplasma mali Seemüller & Schneider shall be observed on no more than 2 % of propagating material and fruit plants of the certified category at the production site over the last complete growing season, and that propagating material and those fruit plants, and any symptomatic plants in the immediate vicinity shall be rogued out and immediately destroyed, and a representative sample of the remaining asymptomatic propagating material and fruit plants in the lots in which symptomatic propagating material and fruit plants were found has been tested and found free from Candidatus Phytoplasma mali Seemüller & Schneider;

(ii)

Erwinia amylovora (Burrill) Winslow et al.

—

propagating material and fruit plants of the certified category shall be produced in areas known to be free from Erwinia amylovora (Burrill) Winslow et al. ; or

—

propagating material and fruit plants of the certified category in the production site shall be inspected over the last complete growing season, and any propagating material and fruit plants showing symptoms of Erwinia amylovora (Burrill) Winslow et al. and any surrounding host plants shall be immediately rogued out and destroyed.’;

(iii)

point (e) ‘Basic and certified categories’ is deleted;

(e)

Section ‘12 ‘ Pyrus L.’ is amended as follows:

(i)

in point (b) ‘Pre-basic category’, point (i) ‘ Candidatus Phytoplasma pyri Seemüller & Schneider’ of the section ‘Requirements with regard to the production site, place of production or area’ is replaced by the following:

‘—

propagating material and fruit plants of the pre-basic category shall be produced in areas established by the competent authority as being free from Candidatus Phytoplasma pyri Seemüller & Schneider in accordance with relevant International Standards for Phytosanitary Measures; or

—

no symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider shall be observed on propagating material and fruit plants of the pre-basic category at the production site during the last three growing seasons, and any symptomatic plants in the immediate vicinity shall be rogued out and immediately destroyed;’;

(ii)

in point (e) ‘Basic and certified categories’, point (i) ‘ Candidatus Phytoplasma pyri Seemüller & Schneider’ of the section ‘Requirements with regard to the production site, place of production or area’ is replaced by the following:

‘—

propagating material and fruit plants of the basic and certified categories shall be produced in areas established by the competent authority as being free from Candidatus Phytoplasma pyri Seemüller & Schneider in accordance with relevant International Standards for Phytosanitary Measures; or

—

no symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider shall be observed on propagating material and fruit plants of the basic and certified categories at the production site over the last complete growing season, and any symptomatic plants in the immediate vicinity shall be rogued out and immediately destroyed; or

—

propagating material and fruit plants of the basic and certified categories at the production site and any plants in the immediate vicinity, which have shown symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider during visual inspections during the last three growing seasons, shall be rogued out and destroyed immediately;’;

(iii)

in point (f) ‘CAC category’, point (i) ‘ Candidatus Phytoplasma pyri Seemüller & Schneider’ of the section ‘Requirements with regard to the production site, place of production or area’ is replaced by the following:

‘—

propagating material and fruit plants of the CAC category shall be produced in areas established by the competent authority as being free from Candidatus Phytoplasma pyri Seemüller & Schneider in accordance with relevant International Standards for Phytosanitary Measures; or

—

no symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider shall be observed on propagating material and fruit plants of the CAC category at the production site over the last complete growing season, and any symptomatic plants in the immediate vicinity shall be rogued out and immediately destroyed; or

—

propagating material and fruit plants of the CAC category at the production site and any plants in the immediate vicinity, which have shown symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider during visual inspections during the last three growing seasons, shall be rogued out and destroyed immediately;’;

(f)

Section ‘15 ‘ Vaccinium L.’ is amended as follows:

(i)

in point (b) ‘Basic category’ in the section ‘Requirements with regard to the production site, place of production or area’ the following point is added:

‘(iv)

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld:

—

propagating material and fruit plants of the basic category shall be produced in areas established by the competent authority as being free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld in accordance with relevant International Standards for Phytosanitary Measures; or

—

no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on propagating material and fruit plants of the basic category at the production site over the last complete cycle of vegetation.’;

(ii)

in point (d) ‘Certified category’, in the section ‘Requirements with regard to the production site, place of production or area’, the following point is added:

‘(iii)

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld:

—

propagating material and fruit plants of the certified category shall be produced in areas established by the competent authority as being free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld in accordance with relevant International Standards for Phytosanitary Measures; or

—

no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on propagating material and fruit plants of the certified category at the production site over the last complete cycle of vegetation;

or

—

—

propagating material and fruit plants of the certified category showing symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld at the production site and all plants within a 2 m radius of the symptomatic propagating material and fruit plants, shall be rogued out and destroyed, including adhering soil;

and

—

for all plants located within a 10 m radius of symptomatic propagating material and fruit plants and any remaining propagating material and fruit plants from the affected lot:

—

within three months following the detection of symptomatic propagating material and fruit plants, no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on that propagating material and those fruit plants in at least two inspections at appropriate times to detect the pest and during that three-month period no treatments suppressing symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be carried out; and

—

after that three-month period:

—

no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on that propagating material and those fruit plants at the production site; or

—

a representative sample of that propagating material and those fruit plants to be moved has been tested and found free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld;

and

—

—

for all other propagating material and fruit plants at the production site:

—

no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on that propagating material and those fruit plants at the production site; or

—

a representative sample of that propagating material and those fruit plants to be moved has been tested and found free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld.’;

(iii)

the following point is added:

‘(e)

CAC category

Requirements with regard to the production site, place of production or area

—

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld:

—

propagating material and fruit plants of the CAC category shall be produced in areas established by the competent authority as being free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld in accordance with relevant International Standards for Phytosanitary Measures; or

—

no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on propagating material and fruit plants of the CAC category at the production site over the last complete cycle of vegetation;

or

—

—

propagating material and fruit plants of the CAC category showing symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld at the production site and all plants within a 2 m radius of the symptomatic propagating material and fruit plants, shall be rogued out and destroyed, including adhering soil; and

—

for all plants located within a 10 m radius of symptomatic propagating material and fruit plants and any remaining propagating material and fruit plants from the affected lot:

—

within three months following the detection of symptomatic propagating material and fruit plants, no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on that propagating material and those fruit plants in at least two inspections at appropriate times to detect the pest and during that three-month period no treatments suppressing symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be carried out; and after that three-month period:

—

no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on that propagating material and those fruit plants at the production site; or

—

a representative sample of that propagating material and those fruit plants to be moved has been tested and found free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld;

and

—

for all other propagating material and fruit plants at the production site:

—

no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on that propagating material and those fruit plants at the production site; or

—

a representative sample of that propagating material and those fruit plants to be moved has been tested and found free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld.’;

(4)

in Annex V the row ‘ Prunus amygdalus, P. armeniaca, P. domestica, P. persica and P. salicina ’ is replaced by the following:

‘

Prunus armeniaca L., Prunus domestica L., Prunus dulcis (Mill.) D. A. Webb, Prunus persica (L.) Batsch and Prunus salicina Lindl.’.

( *1 )   Commission Implementing Decision (EU) 2017/925 of 29 May 2017 temporarily authorising certain Member States to certify pre-basic material of certain species of fruit plants, produced in the field under non-insect proof conditions, and repealing Implementing Decision (EU) 2017/167 ( OJ L 140, 31.5.2017, p. 7 )’;’