Commission Implementing Regulation (EU) 2023/1572 of 25 July 2023 establishing a derogation from Implementing Regulation (EU) 2019/2072 concerning the introduction into the Union territory of tubers of Solanum tuberosum L., other than those intended for planting, originating in certain regions of Lebanon

• CELEX: Implementing Regulation (EU) 2023/1572
• Articles: 9

Article 1 Definitions

For the purposes of this Regulation, the following definitions apply:

(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.

Article 2 Derogation from the prohibition to introduce the specified plants into the Union territory

By way of derogation from point 17, (a) and (b), of Annex VI to Implementing Regulation (EU) 2019/2072, the introduction into the Union territory of the specified plants shall be allowed subject to compliance with the requirements set out in Articles 3 to 7 of this Regulation and in the Annex thereto.

Article 3 Phytosanitary certificate

The specified plants shall be accompanied by a phytosanitary certificate including, under the heading ‘Additional declaration’, the following elements:

(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.

Article 4 Requirements for the introduction of the specified plants into the Union territory

The specified plants shall fulfil the following requirements:

(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.

Article 5 Inspections, sampling and testing by Member States

1.   At the border control posts or other control points, the specified plants shall be subject to the identity and physical checks set out in paragraphs 2 to 4 of this Article.

2.   Visual inspections, sampling and testing aiming to detect and identify the specified pest shall be carried out on symptomatic and asymptomatic tubers of the specified plants, in accordance with Annex I to Regulation (EU) 2022/1194.

A sample shall consist of at least 200 tubers of the specified plants.

Where a lot exceeds 25 tons, one sample shall be taken for each 25 tons and one for the remaining part of the lot.

3.   While the visual inspections, sampling and testing referred to in paragraph 2 are carried out, and pending the results of those tests, all lots of the consignment concerned, and all other consignments which contain a lot originating in the same pest free area and are under the control of the competent authority of the Member State concerned, shall remain under official supervision and shall not be moved or used.

4.   Where the presence of the specified pest is confirmed after completion of the testing, referred to in paragraph 2, any remaining specified plant samples and material resulting from the tests shall be retained and appropriately conserved, and the lot concerned shall not be introduced into the Union territory. All remaining lots referred to in paragraph 3 shall be sampled and tested in accordance with Annex I to Regulation (EU) 2022/1194.

Article 6 Labelling for introduction into the Union territory

1.   The specified plants shall only be introduced into the Union territory with a label, written in one of the official languages of the Union and containing all of the following elements:

(a)

the indication: ‘Origin: Lebanon’;

(b)

the name of the pest free area;

(c)

the identification number of the producer;

(d)

the number of the lot;

(e)

the indication ‘not for planting’.

2.   The label referred to in paragraph 1 shall have been issued by the Lebanese plant protection organization or by a professional operator under the official supervision of that organization.

Article 7 Disposal of waste

Waste resulting from packaging or processing of the specified plants in the Union territory shall be disposed of by the professional operators in such a manner that the specified pest cannot become established and spread in the Union territory.

Article 8 Entry into force and period of application

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

It shall apply until 31 August 2026.

Schedules & Appendices

ANNEX

ANNEX

Requirements as regards specified plants to be fulfilled in Lebanon referred to in Article 2

1.    Areas of production

The specified plants have been produced in pest free areas which fulfil the requirements as set out in point 2.

2.    Surveys of pest free areas

The pest free areas have been subject to systematic and representative annual surveys for the detection of the specified pest carried out by the Lebanese plant protection organisation throughout the three years before and during production.

The surveys have taken place in production sites of the specified plants located in the pest free areas, and on specified plants harvested in those areas.

The surveys have consisted of the following:

(a)

visual inspections of the production sites during the growing season;

(b)

visual examination of the harvested specified plants for symptoms of the specified pest on cut tubers;

(c)

laboratory testing on symptomatic and asymptomatic specified plants in accordance with Annex I to Regulation (EU) 2022/1194.

The surveys have not resulted in any finding of the specified pest or of any other evidence which could indicate that the area is not free from the pest.

The results of the surveys of the preceding calendar year have been submitted by the Lebanese plant protection organisation to the Commission, by 31 March of every year.

3.    Producers

The specified plants have been grown by producers registered by the Lebanese plant protection organization.

4.    Production from certified specified plants for planting

Specified plants have been grown from plants for planting certified in and imported from the Union into Lebanon or certified by the Lebanese plant protection organization as being free from Union quarantine pests.

5.    Production sites

The specified plants have been grown in production sites where no specified plants, other than those referred to in point (4), have been grown during the previous 3 years.

6.    Handling

The specified plants have been handled using machinery which is only used for handling specified plants satisfying conditions set out in points (1) to (5) or, where it has been used for other purposes, it has been cleaned and disinfected in an appropriate manner before handling the specified plants.

7.    Storage

The specified plants have been stored in storage facilities, which are only used for storing specified plants satisfying conditions set out in points (1) to (6) or, where they have been used for other purposes, they have been subjected to appropriate hygiene measures before being used for storing the specified plants.

8.    Tests prior to packaging and export

As close as possible to the time of export, and immediately prior to packaging, tubers of the specified plants, including asymptomatic tubers, have been subjected to tests aiming to detect and identify the presence of the specified pest, in accordance with Annex I to Regulation (EU) 2022/1194, and have been found free from the specified pest.

9.    Packaging

The packaging material used for the specified plants has been new or cleaned and disinfected.