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Regulation

Commission Implementing Regulation (EU) 2024/2852 of 11 November 2024 establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for the introduction into the Union territory of naturally or artificially dwarfed plants for planting of Chamaecyparis Spach, Juniperus L. and certain species of Pinus L., originating in Japan and repealing Implementing Regulation (EU) 2020/1217

CELEX
Implementing Regulation (EU) 2024/2852
Date of document
Articles
6
Source
EUR-Lex
Article 1Definitions

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

(1)

‘specified plants’ means naturally or artificially dwarfed plants for planting, originating in Japan, of the following species:

(a)

Chamaecyparis sp. Spach;

(b)

Juniperus L.;

(c)

Pinus parviflora Sieb. & Zucc. ( Pinus pentaphylla Mayr);

(d)

Pinus thunbergii Parl.;

(e)

Pinus parviflora Sieb. & Zucc. grafted on a rootstock of another Pinus species, originating in Japan;

(f)

Pinus thunbergii Parl. grafted on a rootstock of another Pinus species, originating in Japan;

(2)

‘pest of concern’ means:

(a)

for all specified plants:

any Union quarantine pest, protected zone quarantine pest or pest subject to the measures referred to in Article 30 of Regulation (EU) 2016/2031;

(b)

for Pinus parviflora Sieb. & Zucc. ( Pinus pentaphylla Mayr) plants, the pests referred to in point (a) and any of the following pests:

(i)

Coleosporium paederiae Dietel ex Hirats. f.;

(ii)

Crisicoccus pini (Kuwana);

(iii)

Dendrolimus spectabilis (Butler);

(iv)

Dendrolimus superans Butler;

(v)

Matsucoccus matsumurae (Kuwana);

(vi)

Thecodiplosis japonensis Uchida & Inouye;

(vii)

Urocerus japonicus (F. Sm.);

(c)

for Pinus thunbergii Parl. plants, the pests referred to in point (a) and any of the following pests:

(i)

Coleosporium asterum (Dietel) Sydow & P. Sydow;

(ii)

Coleosporium phellodendri Komarov;

(iii)

Crisicoccus pini (Kuwana);

(iv)

Dendrolimus spectabilis (Butler);

(v)

Dendrolimus superans Butler;

(vi)

Matsucoccus matsumurae (Kuwana);

(vii)

Sirex nitobei Mats.;

(viii)

Thecodiplosis japonensis Uchida & Inouye;

(ix)

Urocerus japonicus (F. Sm.);

(d)

for Chamaecyparis sp. Spach , plants, the pests referred to in point (a) and Urocerus japonicus (F. Sm.).

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

1.   By way of derogation from point 1 of Annex VI to Implementing Regulation (EU) 2019/2072, the specified plants shall be allowed to be introduced into the Union territory if they comply with the requirements set out in the Annex to this Regulation.

2.   Paragraph 1 shall apply to the specified plants introduced into the Union territory in the following periods:

(a)

for Chamaecyparis : from 1 January 2025 to 31 December 2028;

(b)

for Juniperus : from 1 November to 31 March of each year until 31 December 2028;

(c)

for Pinus parviflora Sieb. & Zucc. ( Pinus pentaphylla Mayr) and Pinus parviflora Sieb. & Zucc. grafted on a rootstock of another Pinus species, originating in Japan: from 1 January 2025 to 31 December 2028;

(d)

for Pinus thunbergii Parl. and Pinus thunbergii Parl. grafted on a rootstock of another Pinus species, originating in Japan: from 1 January 2025 to 31 December 2028.

Article 3Confirmed presence of a pest of concern during the post-entry detention period

Member States shall notify the Commission, the other Member States and Japan of any pest of concern confirmed during entry or during the post-entry detention period referred to in point 2.1 of the Annex.

Where a pest of concern is detected, all specified plants from the nursery from which the infected/infested plant originated, shall not be allowed to be introduced into the Union territory until the renewal of nursery authorisation referred to in point 1.5 of the Annex.

Article 4Repeal of Implementing Regulation (EU) 2020/1217

Implementing Regulation (EU) 2020/1217 is repealed.

Article 5Entry into force

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

Schedules & Appendices

ANNEXREQUIREMENTS FOR THE INTRODUCTION INTO THE UNION TERRITORY OF THE SPECIFIED PLANTS AS REFERRED TO IN ARTICLE 2

ANNEX

REQUIREMENTS FOR THE INTRODUCTION INTO THE UNION TERRITORY OF THE SPECIFIED PLANTS AS REFERRED TO IN ARTICLE 2

1.    Requirements for Japan

1.1.

In the case where the specified plants are Pinus parviflora Sieb. & Zucc. or Pinus thunbergii Parl. grafted on a rootstock of another Pinus species, the rootstock shall not bear any shoots.

1.2.

Prior to export to the Union, the specified plants shall have been grown, held and trained for at least two consecutive years in authorised nurseries, which are subject to a control regime by the National Plant Protection Organisation of Japan (‘NPPO’) and specifically authorised by the NPPO for the purpose of export to the Union. The annual lists of the authorised nurseries shall be made available to the Commission by 31 October of each year. Those lists shall include the number of plants grown in each of these nurseries, as far as they are deemed suitable for introduction into the Union territory.

1.3.

In the case of export of Juniperus plants, also the plants of the genera Chaenomeles Lindl., Crataegus L., Cydonia Mill., Juniperus L., Malus Mill., Photinia Ldl. and Pyrus L. which have been grown in the last two years prior to export in the authorised nurseries mentioned in point 1.2 and in their immediate vicinity, shall have been officially inspected at least six times a year at appropriate intervals for the presence of the pests of concern. In the case of Chamaecyparis and Pinus plants, the plants of the genus Chamaecyparis Spach and of the genus Pinus L. which have been grown in those authorised nurseries and in their immediate vicinity, shall have been officially inspected at least six times a year at appropriate intervals, for the presence of the respective pests of concern.

1.4.

The specified plants shall have been found free, in those inspections, from the pests of concern.

Infested plants shall be removed by the NPPO, or the competent national bodies or professional operators under the official supervision of the NPPO. The remaining specified plants shall be effectively treated and held for an appropriate period and inspected to ensure freedom from those pests.

Any detection of pests of concern, during the inspections carried out pursuant to point 1.3, shall be officially recorded, and the records shall be made available to the Commission, upon request. The NPPO shall inform immediately the Commission of the detection of the pests of concern.

Any detection of the pests of concern, during the inspections carried out pursuant to point 1.3 and point 2.1, shall lead to immediate removal by the NPPO of the nursery from the list of authorised nurseries as referred to in point 1.2.

1.5.

The NPPO may only renew the authorisation of a nurseries removed from the list of authorized nurseries at the earliest in the following year.

1.6.

The specified plants intended for export to the Union, shall, at least during the period of two consecutive years referred to in point 1.2:

(a)

be potted in pots which are placed either on shelves at least 50 cm above ground, or onto concrete flooring, impenetrable for nematodes, which is well maintained and free from debris;

(b)

be found free, in the inspections referred to in point 1.3, from the pests of concern;

(c)

be made recognisable with a marking or a traceability code, exclusive for each individual plant and notified to the NPPO, enabling the identification of the officially authorised nursery and the year of potting; and

(d)

if they belong to the genus Pinus L. and in the case of grafting on a rootstock of a Pinus species other than Pinus parviflora Sieb. & Zucc. or Pinus thunbergii Parl., have a rootstock derived from sources officially approved as healthy.

1.7.

The specified plants shall be traceable from the time of their removal from the nursery until the time of loading for export, through sealing of transport vehicles or appropriate alternatives.

1.8.

The specified plants and the adhering or associated growing medium (‘the material’) shall be accompanied by a phytosanitary certificate, issued by the NPPO, attesting compliance with the requirements specified in points 1.1 to 1.7 of this Annex, and in point 30 of Annex VII to Implementing Regulation (EU) 2019/2072.

That certificate shall indicate:

(a)

the name or the names of the authorised nursery or authorised nurseries;

(b)

the markings or traceability codes referred to in point 1.6 (c), as far as they enable identification of the authorised nursery and the year of potting;

(c)

the specification of the last treatment applied, prior to dispatch, if any;

(d)

under ‘Additional Declaration’, the statement ‘This consignment meets the requirements laid down in Commission Implementing Regulation (EU) 2024/2852’.

2.    Requirements for the Member States

2.1.

Following their entry into the Union territory, the specified plants shall be subject to official post-entry detention in a confinement facility or quarantine station for a period of not less than three months of active growth.

In the case of Juniperus plants, the detention period shall cover the period from 1 April until 30 June.

The material shall also be found free, during and at the end of that detention period, from any pests of concern. Particular attention shall be given by the competent authority or the professional operators to preserve the marking or traceability code, referred to in point 1.6 (c), for each plant.

2.2.

Any lot containing material which has not been found free from the pests of concern during the post-entry detention period referred to in point 2.1, shall immediately be destroyed by the competent authority or the professional operator under the official supervision of the competent authority.

6 articles

Cite this act

Commission Implementing Regulation (EU) 2024/2852 of 11 November 2024 establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for the introduction into the Union territory of naturally or artificially dwarfed plants for planting of Chamaecyparis Spach, Juniperus L. and certain species of Pinus L., originating in Japan and repealing Implementing Regulation (EU) 2020/1217 (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32024R2852

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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