Commission Implementing Regulation (EU) 2019/2072Show full title

[F1 PART B U.K. Plants, plant products and other objects originating in third countries which are subject to emergency measures and may only be introduced into Great Britain if special requirements are met

Textual Amendments

F1 Annex 7 substituted (31.12.2020 except so far as it relates to Annex 7 Pt. A Table, entries 3, 61, 135(a) and 1.1.2021 in so far as not already in force) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), Sch. 7 (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(4))

Modifications etc. (not altering text)

C1 Annex 7 Pt. B: power to amend conferred (31.12.2020) by Regulation (EU) No. 2016/2031, Art. 42(4)(4A) (as substituted by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 29(5)(e))

C2 Annex 7 Pt. B: power to amend conferred (31.12.2020) by Regulation (EU) No. 2016/2031, Art. 44(1A) (as substituted by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 29(7)(a))

In this Part, ‘ISPM31’ means International Standard for Phytosanitary Measures No 31 of April 2008 on methodogies for sampling of consignments prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations .

	(1)Description of plants, plant products or other objects	(2)Origin	(3)Special requirements
1.	Plants for planting, other than seeds, of Viburnum spp. L., Camellia spp. L. or Rhododendron spp. L., other than Rhododendron simsii Planch	EU Member States, Liechtenstein and Switzerland	The plants must be accompanied by: (a) an official statement that the plants originate in an area* established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Phytophthora ramorum Werres, De Cock & Man in ‘t Veld; (b) an official statement that since the beginning of the last complete cycle of vegetation no signs of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld have been observed on the plants at the place of production during official inspections, including laboratory testing of any suspicious symptoms, carried out at least twice during the growing season at appropriate times when the plants were in active growth and with an intensity which took into account the particular production system of the plants, or (c) where signs of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld have been found on the plants at the place of production, an official statement that appropriate procedures have been implemented for the purpose of eradicating that pest and the plants have been found free from the pest following those procedures, which consisted of at least: (i) destruction of the infected plants and all susceptible plants within a 2 m radius of the infected plants, including associated growing media and plant debris, (ii) in the case of plants listed in column (1) of this entry within a 10 m radius of the infected plants and any remaining plants from the infected lot: (aa) they have been retained at the place of production, (bb) additional official inspections have been carried out at least twice in the three months after the eradication measures have been taken when the plants are in active growth, (cc) no treatments that may suppress symptoms of the plant pest have been carried out in that three month period, and (dd) the plants have been found free from the pest on these official inspections, (iii) in the case of all other plants listed in column (1) of this entry at the place of production, the plants have been subjected to intensive official re-inspection and have been found free from the pest on those inspections, and (iv) appropriate phytosanitary measures have been taken on the growing surface within a 2 m radius of infected plants. * The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.
2.	Plants for planting, other than seeds, which belong to the genera and species listed in the list of Xylella host plants	Any third country where Xylella fastidiosa (Wells et al.) is known not to be present, other than EU Member States, Liechtenstein and Switzerland	The plants must be accompanied by an official statement (a) that Xylella fastidiosa (Wells et al.) is not present in the country, (b) in the case of plants, other than seeds, intended for planting, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L., or Prunus dulcis (Mill.) D.A. Webb, that they have been grown in a site that is subject to annual official inspection, with sampling and testing carried out at the appropriate times on those plants for the presence of Xylella fastidiosa (Wells et al.) and in accordance with international standards, using a sampling scheme able to identify with 99% reliability the level of presence of infected plants of 5%, in which the absence of Xylella fastidiosa (Wells et al.) was confirmed, and (c) in the case of plants, other than seeds, intended for planting, of Polygala myrtifolia L., that prior to their movement out of their production site and as close to that time as possible, each lot of plants was subjected in addition to official visual inspection and sampling, as well as testing, in line with international standards for the presence of Xylella fastidiosa (Wells et al.), using a sampling scheme able to identify with 99% reliability the level of presence of infected plants of 5%, in which the absence of Xylella fastidiosa (Wells et al.) was confirmed. A phytosanitary certificate may not include any such official statement unless the national plant protection organisation of the country of origin has notified the national plant protection organisation of the United Kingdom in writing that Xylella fastidiosa (Wells et al.) is not present in the country.
3.	Plants for planting, other than seeds, which belong to the genera and species listed in the list of Xylella host plants	Any third country where Xylella fastidiosa (Wells et al.) is known to be present, other than EU Member States, Liechtenstein and Switzerland	The plants must be accompanied by: (a) in the case of plants originating in an area which has been established by the national plant protection organisation in accordance with ISPM4 as as area* that is free from Xylella fastidiosa (Wells et al.), an official statement that they originate in such an area, (b) in the case of plants which originate in an area where Xylella fastidiosa (Wells et al.) is known to be present and have not been grown for their entire production cycle in vitro, an official statement: (i) that the plants have been produced in a site**: (aa) that is authorised by the national plant protection organisation in accordance with ISPM10 as a site that is free from Xylella fastidiosa (Wells et al.) and its vectors, (bb) that is physically protected against the introduction of Xylella fastidiosa by its vectors, (cc) that is surrounded by a zone with a width of 100 m which has been subject to official inspections twice a year and where all of the plants found to be infected with, or to have symptoms of, Xylella fastidiosa (Wells et al.) have been immediately removed and appropriate phytosanitary treatments against the vectors of Xylella fastidiosa (Wells et al.) have been applied before that removal, (dd) that at appropriate times throughout the year, is subject to phytosanitary treatments to maintain freedom from the vectors of Xylella fastidiosa (Wells et al.), including the removal of plants, (ee) that is subject annually, together with the zone referred to in point (cc), to at least two official inspections during the flight season of the vectors of Xylella fastidiosa (Wells et al.), (ff) where throughout the production time of the plants, neither symptoms of Xylella fastidiosa (Wells et al.) nor its vectors were found in the site or if suspect symptoms were observed, testing was carried out and the absence of Xylella fastidiosa (Wells et al.) confirmed, and (gg) where throughout the production time of the plants, no symptoms of Xylella fastidiosa (Wells et al.) were found in the zone referred to in point (cc) or if suspect symptoms were observed, testing was carried out and the absence of Xylella fastidiosa (Wells et al.) confirmed, (ii) that representative samples of each species of the plants from the site have been subject to annual testing, at the most appropriate time, and the absence of Xylella fastidiosa (Wells et al.) has been confirmed on the basis of tests carried out in accordance with internationally validated testing methods, (iii) that the plants have been transported in closed containers or packaging, to prevent infection with Xylella fastidiosa (Wells et al.) or any of its known vectors, (iv) that as practically close to the time of export as possible, the lots of the plants were subject to official visual inspection, sampling and molecular testing, carried out in accordance with internationally validated testing methods, using a sampling scheme able to identify with 99% reliability the level of presence of infected plants of 1% and targeting in particular plants displaying symptoms of Xylella fastidiosa (Wells et al.), which confirmed the absence of Xylella fastidiosa (Wells et al.), and (v) that immediately prior to export, the lots of the plants were subject to phytosanitary treatments against any known vectors of Xylella fastidiosa (Wells et al.), or (c) in the case of plants which originate in an area where Xylella fastidiosa (Wells et al.) is known to be present and have been grown for their entire production cycle in vitro, an official statement: (i) that the plants have been grown in a site** of production: (aa) that is authorised by the national plant protection organisation in the country of origin in accordance with ISPM10 as site of production that is free from Xylella fastidiosa (Wells et al.) and its vectors, (bb) that is physically protected against the introduction of Xylella fastidiosa (Wells et al.) by its vectors, (cc) that is subjected annually to at least two official inspections carried out at appropriate times, and (dd) where throughout the production time of the plants, neither symptoms of Xylella fastidiosa (Wells et al.) nor its vectors were found in the site or, if suspect symptoms were observed, testing was carried out, and the absence of Xylella fastidiosa (Wells et al.) confirmed, (ii) that the plants have been transported under sterile conditions in a transparent container that precludes the possibility of infection by Xylella fastidiosa (Wells et al.) through its vectors, and (iii) that the plants have been grown from seeds, propagated under sterile conditions from mother plants which have spent their entire lives in an area free from Xylella fastidiosa (Wells et al.) and have been tested and found free from Xylella fastidiosa (Wells et al.) or have been propagated under sterile conditions from mother plants which have been grown in a site which meets the requirements in point (b)(i) and have been tested and found free from Xylella fastidiosa (Wells et al.). A phytosanitary certificate may not include any of the official statements referred to in point (a) to (c) unless the national plant protection organisation in the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area(s) or the site(s) (as the case may be). * The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”. ** The name of the site(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.
4.	Plants for planting, other than seeds, which belong to the genera and species listed in the list of Xylella host plants and have never been grown in an area where Xylella fastidiosa (Wells et al.) is known to occur	EU Member States, Liechtenstein and Switzerland	The plants must be accompanied by: (a) an official statement that they have been grown in a site that is subject to annual official inspection, and in the case of symptoms of Xylella fastidiosa (Wells et al.), sampling, taking into account the technical guidelines for the survey of Xylella fastidiosa (Wells et al.) published by the European Commission from time to time , and testing in line with international standards for the presence of Xylella fastidiosa (Wells et al.), in which the absence of Xylella fastidiosa (Wells et al.) was confirmed, or (b) in the case of plants for planting, other than seeds, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. and Prunus dulcis (Mill.) D.A. Webb, an official statement: (i) that they have been grown in a site that is subject to annual official inspection and sampling, taking into account the technical guidelines for the survey of Xylella fastidiosa (Wells et al.) published by the European Commission from time to time, and testing in line with international standards for the presence of Xylella fastidiosa (Wells et al.), using a sampling scheme able to identify with 99% reliability the level of presence of infected plants of 5%, in which the absence of Xylella fastidiosa (Wells et al.) was confirmed, and (ii) in respect of any plants for planting, other than seeds, of Polygala myrtifolia L., that prior to their movement out of their production site and as close to that time as possible, each lot of plants was subjected in addition to official visual inspection and sampling, as well as testing, in line with international standards for the presence of Xylella fastidiosa (Wells et al.), using a sampling scheme able to identify with 99% reliability the level of presence of infected plants of 5%, in which the absence of Xylella fastidiosa (Wells et al.) was confirmed. For the purposes of point (b), the presence of Xylella fastidiosa (Wells et al.) must have been screened by one test, and in the case of positive results, its presence must have been identified by carrying out, in line with international standards, at least one positive molecular test.
5.	Plants for planting, other than seeds, which belong to the genera and species listed in the list of Xylella host plants and have been grown for at least part of their life in an area in the European Union, Liechtenstein or Switzerland where Xylella fastidiosa (Wells et al.) is known to occur	EU Member States, Liechtenstein and Switzerland	In the case of plants which have not been grown for their entire production cycle in vitro, the plants must: (a) be accompanied by an official statement: (i) that they have been grown in a site that: (aa) is registered and authorised by the national plant protection organisation in the country of origin in accordance with ISPM10 as a site that is free from Xylella fastidiosa (Wells et al.) and its vectors, and is physically protected against the introduction of Xylella fastidiosa (Wells et al.) by its vectors, (bb) is surrounded by a zone with a width of 100 m which has been subject to official inspections twice a year and where all of the plants found to be infected with, or to have symptoms of, Xylella fastidiosa (Wells et al.) have been immediately removed and appropriate phytosanitary treatments against the vectors of Xylella fastidiosa (Wells et al.) have been applied before that removal, (cc) is subject to phytosanitary treatments, which may include the removal of plants, at appropriate times of the year to maintain freedom from vectors of Xylella fastidiosa (Wells et al.), (dd) is subject annually, together with the zone referred to in point (bb) to at least two official inspections, taking into account the technical guidelines for the survey of Xylella fastidiosa (Wells et al.) published by the European Commission from time to time, (ee) where throughout the time of growth of the plants, neither symptoms of Xylella fastidiosa (Wells et al.) nor its vectors were found in the site or, if suspect symptoms were observed, tests were carried out confirming the absence of Xylella fastidiosa (Wells et al.), and (ff) where throughout the time of growth of the plants, no symptoms of Xylella fastidiosa (Wells et al.) were found in the zone referred to in point (bb) or, if suspect symptoms were observed, testing has been undertaken and absence of Xylella fastidiosa (Wells et al.) confirmed, (ii) that representative samples of each species of the plants from the site have been subject to annual testing, at the most appropriate time, and the absence of Xylella fastidiosa (Wells et al.) has been confirmed on the basis of tests carried out in accordance with internationally validated testing methods, (iii) that as practically close to the time of export as possible, the lots of the plants were subject to official visual inspection, sampling and molecular testing, carried out in accordance with internationally validated testing methods, using a sampling scheme able to identify with 99% reliability a level of presence of infected plants of 1% or above and targeting in particular plants displaying symptoms of Xylella fastidiosa (Wells et al.), in accordance with ISPM31, and (iv) that prior to their movement from the area, the lots of the plants were subject to phytosanitary treatments against the vectors of Xylella fastidiosa (Wells et al.), and (b) be moved in closed containers or packaging from the area to prevent infection with Xylella fastidiosa (Wells et al.) or any of its vectors. In the case of dormant plants, other than seeds, of Vitis intended for planting, the plants must: (a) be accompanied by an official statement: (i) that they have been grown in a site that is registered by the national plant protection organisation in the country of origin and that as practically close to the time of export as possible, the plants have undergone an appropriate thermotherapy treatment in an authorised treatment facility authorised and supervised by that national plant protection organisation for that purpose, where the dormant plants were submerged for 45 minutes in water heated to 50°C in accordance with EPPO PM 10/18, and (ii) that prior to their movement from the area, the lots of the plants were subject to phytosanitary treatments against the vectors of Xylella fastidiosa (Wells et al.), and (b) be transported in closed containers or packaging from the area to prevent infection with Xylella fastidiosa (Wells et al.) or any of its vectors. In addition, the plants must not have been moved through any other area where Xylella fastidiosa is known to occur unless they were transported into and through the area in closed containers or packaging to prevent infection with Xylella fastidiosa (Wells et al.) or any of its vectors, (c) in the case of plants which originate in an area where Xylella fastidiosa (Wells et al.) is known to be present and have been grown for their entire production cycle in vitro, an official statement that: (i) the plants have been grown in a site** of production: (aa) that is authorised by the national plant protection organisation in the country of origin in accordance with ISPM10 as a site of production that is free from Xylella fastidiosa (Wells et al.) and its vectors, (bb) that is physically protected against the introduction of Xylella fastidiosa (Wells et al.) by its vectors, (cc) that is subjected annually to at least two official inspections carried out at appropriate times, and (dd) where throughout the production time of the plants, neither symptoms of Xylella fastidiosa (Wells et al.) nor its vectors were found in the site or, if suspect symptoms were observed, testing has been undertaken and the absence of Xylella fastidiosa (Wells et al.) confirmed, (ii) that the plants have been transported under sterile conditions in a transparent container that precludes the possibility of infection by Xylella fastidiosa (Wells et al.) by its vectors, and (iii) that the plants have been grown from seeds, propagated under sterile conditions from mother plants which have spent their entire lives in an area free from Xylella fastidiosa (Wells et al.) and have been tested and found free from Xylella fastidiosa (Wells et al.) or have been propagated under sterile conditions from mother plants which have been grown in a site which meets the requirements in point (c)(i) and have been tested and found free from Xylella fastidiosa (Wells et al.). In the second paragraph, in point (a)(i), ‘EPPO PM 10/18’ means the standard describing a long-duration hot water treatment of grapevine material against flavescence dorée phytoplasma, approved by the European and Mediterranean Plant Protection Organization .
6.	Seeds of Solanum lycopersicum L. and Capsicum spp., intended for planting	Any third country	The seeds must be accompanied by: (a) an official statement that they are of Capsicum spp. varieties which are known to be resistant to Tomato brown rugose fruit virus, or (b) an official statement: (i) that the mother plants of seeds have been produced in a production site* where Tomato brown rugose fruit virus is known not to occur on the basis of official inspections carried out at the appropriate time to detect that pest, and (ii) that the seeds or their mother plants have undergone official sampling and testing for Tomato brown rugose fruit virus and have been found, according to those tests, to be free from that pest. *The name of the site(s) of production must be included in the phytosanitary certificate under the heading “Additional declaration”. For the purposes of point (b)(ii), the official sampling and testing of the seeds must be carried out in accordance with the paragraphs below. The official sampling of seeds for testing must be carried out in accordance with the following sampling schemes referred to in the relevant table of ISPM31: —in the case of seed lots which include 3000 or fewer seeds, a hypergeometric sampling scheme that is able to identify with 95% reliability a level of presence of infected plants of 10% or above, —in the case of seed lots which include 30000 or fewer seeds, but more than 3000 seeds, a sampling scheme that is able to identify with 95% reliability a level of presence of infected plants of 1% or above, —in the case of seed lots which include more than 30000 seeds, a sampling scheme that is able to identify with 95% reliability a level of presence of infected plants of 0.1% or above. Sub samples must consist of nor more tha 1000 seeds for Polymerase Chain Reaction (PCR) methods. The testing of seeds must be carried out using one of the following methods and the method used must be included in the phytosanitary certificate under the heading “Additional declaration”: —real-time RT-PCR using the primers and probes described in the ISF protocol (2020), or —real-time RT-PCR using primers and probe of Menzel and Winter (Acta Horticulturae, in press).
7.	Plants for planting of Solanum lycopersicum L. and Capsicum spp.	Any third country	The plants must be accompanied by: (a) an official statement that they are of Capsicum spp. varieties which are known to be resistant to Tomato brown rugose fruit virus, or (b) an official statement that: (i) the plants are derived from seeds which have undergone sampling and testing for Tomato brown rugose fruit virus in the manner set out in column (3) of entry 6 which has shown them to be free from that pest, and (ii) the plants have been produced in a production site* which is registered and supervised by the national plant protection organisation in the country of origin and is known to be free from Tomato brown rugose fruit virus on the basis of official inspections carried out at the appropriate time to detect that pest, and where the plants have shown symptoms of Tomato brown rugose fruit virus, the plants have undergone official sampling and testing for Tomato brown rugose fruit virus and have been found, according to those tests, to be free from that pest. *The name of the site(s) of production must be included in the phytosanitary certificate under the heading “Additional declaration”. For the purposes of point (b)(ii), the official sampling and testing of the seeds must be carried out in accordance with the paragraphs below. In the case of plants for planting, 200 leaves must be collected per site of production and cultivar. In case of symptomatic plants, sampling for testing must be performed on at least 3 symptomatic leaves. One of the following testing methods must be carried out for the detection of Tomato brown rugose fruit virus: —in the case of symptomatic material only, ELISA, —conventional RT-PCR using the primers of Alkowni et al. (2019), —conventional RT-PCR using the primers of Rodriguez-Mendoza et al. (2019), —real-time RT-PCR using the primers and probes described in the ISF protocol (2020), —real-time RT-PCR using primers and probe of Menzel and Winter (Acta Horticulturae, in press). In case of a positive result of the detection test, a second testing method, different from the one used for detection, must be carried out with one of the RT-PCR methods mentioned above, using the same sample to confirm the identification.]