Commission Implementing Regulation (EU) 2022/959 of 16 June 2022 amending Annex VII to Implementing Regulation (EU) 2019/2072 as regards requirements for the introduction into the Union of certain fruits of Capsicum (L.), Citrus L., Citrus sinensis Pers., Prunus persica (L.) Batsch and Punica granatum L.

• CELEX: Implementing Regulation (EU) 2022/959
• Articles: 3

Article 1

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

Article 2

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

It shall apply from 14 July 2022.

Schedules & Appendices

ANNEX

ANNEX

The table of Annex VII to Implementing Regulation (EU) 2019/2072 is amended as follows:

(1)

point 62 is replaced by the following:

‘62.

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.

0709 60 10

0709 60 91

0709 60 95

0709 60 99

ex 0805 10 80 ex 0805 21 10 ex 0805 21 90 ex 0805 22 00 ex 0805 29 00 ex 0805 40 00 ex 0805 50 10 ex 0805 90 00 0809 30 10

0809 30 90

ex 0810 90 75

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

Official statement that:

(a)

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,

or

(b)

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, 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,

or

(c)

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 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,

or

(d)

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 Standards 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 post-harvest 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 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.’

(2)

the following point 62.1 is inserted between points 62 and 63:

‘62.1

Fruits of Citrus sinensis Pers.

0805 10 22

0805 10 24

0805 10 28

ex 0805 10 80

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

Official statement that:

(a)

the fruits originate in a country recognised as being free from Thaumatotibia leucotreta (Meyrick) in accordance with 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,

or

(b)

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, 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,

or

(c)

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 in case of symptoms, and found to be free from Thaumatotibia leucotreta (Meyrick),

and

(iii)

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

or

(d)

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, which includes a cold treatment of 0 °C to – 1 °C for at least 16 days, in accordance with the relevant International Standards for Phytosanitary Measures ISPM 14( ***** ) and ISPM 42( **** ), provided that the cold treatment has been documented and checked for each consignment by the exporting third country and the systems approach, 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,

or

—

an effective systems approach in accordance with the International Standard for Phytosanitary Measures ISPM 14( ***** ), which includes a precooling step of the pulp of the fruit to the temperature of the cold treatment applied, followed by that cold treatment for at least 20 days at a set temperature between – 1 °C and +2 °C, provided that the precooling step and the cold treatment have been documented and checked for each consignment by the exporting third country, and provided that the systems approach, 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,

or

—

an effective stand-alone post-harvest treatment to ensure freedom from Thaumatotibia leucotreta (Meyrick), provided that that post-harvest treatment, together with documentary evidence of its effectiveness has been communicated in advance in writing to the Commission by the national plant protection organisation of the country of origin and has been assessed by the European Food Safety Authority,

or

—

until 31 December 2022, an effective systems approach in accordance with the International Standard for Phytosanitary Measures ISPM 14( ***** ), which includes a precooling step of the pulp of the fruit to 5 °C, followed by a cold treatment for at least 25 days at a set temperature between – 1 °C and +2 °C, provided that the precooling step and the cold treatment have been documented and checked for each consignment by the exporting third country, and provided that the systems approach, 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

(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 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 in case of symptoms,

and

(iv)

are accompanied by a phytosanitary certificate that indicates the production site codes, mentions details of the post-harvest treatment used or the use of the systems approach together with the set temperature used and the duration of the cold treatment applied in that systems approach;

and

(v)

in case the cold treatment has been applied during transport, in addition to the phytosanitary certificate, records on the application of the treatment have been kept and made available upon request.

( * )

ISPM 4 “Requirements for the establishment of pest free areas”.

( ** )

ISPM 10 “Requirements for the establishment of pest free places of production and pest free production site”.

( *** )

ISPM 31 “Methodologies for sampling of consignments”.

( **** )

ISPM 42 “Requirements for the use of temperature treatments as phytosanitary measures”.

( ***** )

ISPM 14 “The use of integrated measures in a systems approach for pest risk management”.’