Commission Implementing Regulation (EU) 2024/2970 of 29 November 2024 amending Implementing Regulation (EU) 2019/2072 as regards measures to prevent the presence of the Tomato brown rugose fruit virus on plants for planting of Solanum lycopersicum L. and hybrids thereof and of Capsicum annuum L., and establishing the frequency rates of official controls

Amendment to Implementing Regulation (EU) 2019/2072

Article 1

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

Frequency rates of official controls on introduction into the Union of plants for planting of Solanum lycopersicum L. and hybrids thereof and of Capsicum annuum L. with regard to ToBRFV

Article 2

1.   By way of derogation from Article 4(2) of Implementing Regulation (EU) 2022/2389, the rules set out in paragraphs 2 and 3 shall apply. 2.   Sampling and testing as part of the physical checks for the presence of Tomato brown rugose fruit virus (‘ToBRFV’) shall be carried out on at least 20 % of the consignments of plants for planting of Solanum lycopersicum L. and hybrids thereof, and Capsicum annuum L. originating in third countries. 3.   However, sampling and testing for the presence of ToBRFV shall be carried out on 50 % of consignments of plants for planting of Solanum lycopersicum L. and hybrids thereof and of Capsicum annuum L. originating in Israel, and on 100 % of consignments of those plants originating in China.

Entry into force and application

Article 3

This Regulation shall enter into force on the first day following that of its publication in the Official Journal of the European Union . It shall apply from 1 January 2025. Article 2 shall apply until 31 December 2026.

ANNEXSupplementary provisions

ANNEX Implementing Regulation (EU) 2019/2072 is amended as follows: 1) Annex IV is amended as follows: (a) in Part F, the following row is added to the table, under the title ‘Viruses, viroids, virus-like diseases and phytoplasmas’: ‘Tomato brown rugose fruit virus (ToBRFV) Solanum lycopersicum L. and hybrids thereof Capsicum annuum L. other than seeds belonging to a variety known to be resistant to ToBRFV 0 %’ (b) in Part I, the following row is inserted between the third and the fourth rows of the table, under the title ‘Viruses, viroids, virus-like diseases and phytoplasmas’: ‘Tomato brown rugose fruit virus (ToBRFV) Solanum lycopersicum L. and hybrids thereof Capsicum annuum L. other than plants for planting belonging to a variety known to be resistant to ToBRFV 0 %’ 2) Annex V is amended as follows: (a) in Part E, the following rows are added to the table, under the title ‘Viruses, viroids, virus-like diseases and phytoplasmas’: ‘Tomato brown rugose fruit virus (ToBRFV) Solanum lycopersicum L. and hybrids thereof (a) the seeds originate in a country established as being free from ToBRFV by the national plant protection organisation of that country, in accordance with the International Standards for Phytosanitary Measures or (b) (i) the seeds have been subjected to official testing or testing by professional operators under official supervision of the competent authority for ToBRFV, on a representative sample and using appropriate molecular methods, and have been found, in those tests, free from that pest; or (ii) in the case of a seed lot originating from 30 or less than 30 mother plants, the seeds, or the mother plant of those seeds, have been subjected to official testing, or testing by the professional operator under official supervision of the competent authority, for the presence of ToBRFV on a representative sample and using appropriate molecular methods, and have been found, in those tests, free from that pest. Tomato brown rugose fruit virus (ToBRFV) Capsicum annuum L. , other than seeds belonging to a variety known to be resistant to ToBRFV (a) the seeds originate in a country established as being free from ToBRFV by the national plant protection organisation of that country, in accordance with the International Standards for Phytosanitary Measures; or (b) (i) the seeds have been subjected to official testing or testing by professional operators under official supervision of the competent authority for ToBRFV, on a representative sample and using appropriate molecular methods, and have been found, in those tests, free from that pest; or (ii) in the case of a seed lot originating from 30 or less than 30 mother plants, the seeds, or the mother plant of those seeds, have been subjected to official testing, or testing by the professional operator under official supervision of the competent authority, for the presence of ToBRFV on a representative sample and using appropriate molecular methods, and have been found, in those tests, free from that pest.’ (b) in Part H, the following rows are inserted between the third and the fourth rows of the table, under the title ‘Viruses, viroids, virus-like diseases and phytoplasmas’: ‘Tomato brown rugose fruit virus (ToBRFV) Solanum lycopersicum L. and hybrids thereof (a) the plants for planting originate in a country established as being free from ToBRFV by the national plant protection organisation of that country, in accordance with the International Standards for Phytosanitary Measures; or (b) the plants for planting derive from seeds that comply with the requirements laid down in Part E of this Annex, and have been maintained in appropriate hygiene conditions to prevent infection. Tomato brown rugose fruit virus (ToBRFV) Capsicum annuum L, other than plants for planting belonging to a variety known to be resistant to ToBRFV (a) the plants for planting originate in a country established as being free from ToBRFV by the national plant protection organisation of that country, in accordance with the International Standards for Phytosanitary Measures; or (b) the plants for planting derive from seeds that comply with the requirements laid down in Part E of this Annex, and have been maintained in appropriate hygiene conditions to prevent infection.’ 3) In Annex XI, part A, point 9 is replaced by the following ‘9. Vegetable seeds of:   All third countries Capsicum annuum L. ex 1209 91 80   Pisum sativum L. Peas ( Pisum sativum) seeds, for sowing: 0713 10 10   Solanum lycopersicum L. and hybrids thereof ex 1209 91 80   Vicia faba L. Broad beans and horse beans seeds, for sowing: ex 0713 50 00 — Other, seeds for sowing : ex 0713 90 00 ’   4) In Annex XIII, point 6 is replaced by the following: ‘6. Seed, where its movement is carried out within the scope of application of Directive 2002/55/EC, and for which specific RNQPs have been listed according to Article 37(2) of Regulation (EU) 2016/2031 in Annex IV, of: — Allium cepa L., — Allium porrum L., — Capsicum annuum L., — Phaseolus coccineus L. , — Phaseolus vulgaris L., — Pisum sativum L., — Solanum lycopersicum L. and hybrids thereof, — Vicia faba L.’