Commission Implementing Decision (EU) 2019/2032Show full title

Commission Implementing Decision (EU) 2019/2032

of 26 November 2019

establishing measures to prevent the introduction into and the spread within the Union of Fusarium circinatum Nirenberg & O’Donnell (formerly Gibberella circinata) and repealing Decision 2007/433/EC

(notified under document C(2019) 8359)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and their spread within the Community(1), and in particular the third sentence of Article 16(3) thereof,

Whereas:

(1) Commission Decision 2007/433/EC(2) established provisional emergency measures to prevent the introduction into and the spread within the Union of Gibberella circinata Nirenberg & O’Donnell 1998.

(2) Gibberella circinata Nirenberg & O’Donnell 1998 and Fusarium circinatum Nirenberg & O’Donnell 1998 are the two names attributed to the same, pleomorphic fungus, denoting the teleomorph (sexual) and the anamorph (asexual) stage of the same organism, respectively. In line with recent scientific consensus(3), the name ‘Fusarium circinatum Nirenberg & O’Donnell 1998q’ should be used to typify the organism as from 2013.

(3) Fusarium circinatum Nirenberg & O’Donnell 1998 (‘the specified organism’) is listed in Section II of Part A of Annex I to Directive 2000/29/EC as from March 2019(4).

(4) The specified organism is present in Portugal and Spain, and occurring mostly in nurseries and forests, but in private gardens as well. National measures concerning its control and eradication have been adopted by those Member States in order to prevent the further introduction into and spread within their territory of that organism.

(5) In 2010 the European Food Safety Authority (EFSA) published an opinion on the risk assessment of Fusarium circinatum for the Union territory and evaluation of risk management options(5).

(6) The specified organism is mainly associated with plants belonging to the genus Pinus and the species Pseudotsuga menziesii (‘specified plants’).

(7) In the light of the annual surveys submitted by the Member States pursuant to Decision 2007/433/EC and the scientific opinion provided by EFSA, it is concluded that the specified organism is already present in parts of the Union territory. However, it also appears that the currently infested area is considerably smaller than the endangered area, considering, amongst others, ecoclimatic data, the distribution of potential hosts and the very high potential for establishment of the specified organism.

(8) It is therefore appropriate to update the measures against the specified organism. Those measures should provide for timely detection of the specified organism in the Union territory, its eradication, if found present in the Union territory, and requirements for the movement, within the Union, of plants (including seeds and cones containing seeds, intended for planting), specific forms of wood and wood packaging material out of demarcated areas. Those measures are necessary to ensure a proactive approach against the establishment and spread of the specified organism in the Union.

(9) The worldwide distribution of the specified organism is unclear. However, and according to the available information, that organism is not known to occur in the European third countries. Moreover, experience has shown that the specified organism has not been introduced into the Union through the trade of the specified plants (including seeds and cones containing seeds, intended for planting), wood, isolated bark and wood packaging material originating from those countries.

(10) Therefore measures should be adopted for the introduction into the Union of the specified plants (including seeds and cones containing seeds, intended for planting), wood, isolated bark and wood packaging material from non-European third countries only. Such measures should include a phytosanitary certificate, as well as official checks at introduction of those commodities. Those measures should also concern specific forms of wood of conifers (Pinales) and wood packaging material, because they are likely to host the specified organism.

(11) For reasons of legal certainty, Decision 2007/433/EC should be repealed.

(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

(1)

OJ L 169, 10.7.2000, p. 1.

(2)

Commission Decision 2007/433/EC of 18 June 2007 on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O’Donnell (OJ L 161, 22.6.2007, p. 66).

(3)

Turland, N. J., et al. (eds.) 2018: International Code of Nomenclature for algae, fungi, and plants (Shenzhen Code) adopted by the Nineteenth International Botanical Congress Shenzhen, China, July 2017. Regnum Vegetabile 159. Glashütten: Koeltz Botanical Books. DOI https://doi.org/10.12705/Code.2018

(4)

Commission Implementing Directive (EU) 2019/523 of 21 March 2019 amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 86, 28.3.2019, p. 41).

(5)

EFSA Panel on Plant Health: Risk assessment of Gibberella circinata for the EU territory and identification and evaluation of risk management options. EFSA Journal 2010;8(6):1620. doi:10.2903/j.efsa.2010.1620.