The Phytosanitary Conditions (Amendment) Regulations 2021

Amendments to Commission Implementing Regulation (EU) 2019/2072 relating to matters other than the introduction into Great Britain of Chamaecyparis Spach., Juniperus L., or Pinus L., originating in Korea

2.—(1) Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants(1) is amended as follows.

(2) In Annex 2(2)—

(a) in the table in Part A, under the heading “C. Insects and mites”—

(i) after entry 11, insert “11A. Agrilus bilineatus (Weber) [AGRLBL]”;

(ii) after entry 79, insert “79A. Neocerambyx raddei (Blessig) [MALLRA]”.

(3) In Annex 2A(3), under the heading “B. Insects and mites”, omit entries 2 and 6.

(4) In Annex 7(4)—

(a) in Part A—

(i) in the section headed “Interpretation”, in the definition of ‘associated controlled dunnage’, after “128,” insert “128A, 128C,”;

(ii) in the table—

(aa) after entry 45, insert—

“45A		Plants, other than plants in tissue culture, pollen or seeds, including cut branches with or without foliage of Castanea Mill. and Quercus L.	Canada, Turkey or the USA	The plants must be accompanied by an official statement that they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Agrilus bilineatus Weber and not within 100 km of a known outbreak of Agrilus bilineatus Weber. *The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.
45B	Plants, other than scions, cuttings, plants in tissue culture, pollen or seeds of Castanea Mill, Castanopsis (D. Don) Spach and Quercus L., intended for planting		China, Democratic People’s Republic of Korea, Japan, Republic of Korea, Russia, Taiwan and Vietnam	The plants must be accompanied by an official statement: (a) that they have a main stem base of less than 1 cm just above the root collar, (b) that they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Neocerambyx raddei Blessig, and where appropriate packed in such a manner as to prevent infestation during transport, or (c) that the following conditions are met: (i) they have been grown during a period of at least four years prior to export, or, in the case of plants which are younger than four years, have been grown throughout their life in a place of production established as free from Neocerambyx raddei Blessig, in accordance with ISPM No. 10: (aa) that is registered and supervised by the national plant protection organisation in the country of origin and has been subjected annually to two official inspections for any signs of Neocerambyx raddei Blessig carried out at appropriate times, and (bb) within which they have been grown in a site of production with complete physical protection against the introduction of Neocerambyx raddei Blessig, (ii) immediately prior to export, the plants, and in particular their stems, have been subjected to a meticulous inspection for the presence of Neocerambyx raddei Blessig, which has included destructive sampling, where appropriate, and (iii) they have been packed in such a manner as to prevent infestation during transport. *The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.”;

(bb) after entry 128, insert—

“128A	Wood of Castanea Mill, and Quercus L. other than in the form of: - chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or in part from these trees, - wood packaging material (except associated controlled dunnage), but including wood which has not kept its natural round surface	Canada, Turkey or the USA	The wood must be accompanied by an official statement that: (a) it originates in an area* which, in accordance with ISPM No. 4 is known to be free from Agrilus bilineatus Weber and not within 100 km of a known outbreak of Agrilus bilineatus Weber, (b) it is bark-free, and has undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, or (c) it has undergone appropriate ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood. Where the phytosanitary certificate includes the official statement referred to in paragraph (b), there must also be evidence of that heat treatment by a mark “HT” put on the wood or on any wrapping in accordance with current usage and on the phytosanitary certificate. *The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.
128B	Wood in the form of chips particles, sawdust, shavings, wood waste and scrap, obtained in whole or in part from Castanea Mill and Quercus L.	Canada, Turkey or the USA	The wood must be accompanied by an official statement that it originates in an area* which, in accordance with ISPM No. 4, is known to be free from Agrilus bilineatus Weber and is not within 100 km of a known outbreak of Agrilus bilineatus Weber. *The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.
128C	Wood of Castanea Mill, Castanopsis (D. Don) Spach and Quercus L. other than in the form of: - chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or in part from these trees, - wood packaging material, except associated controlled dunnage, but including wood which has not kept its natural round surface	China, Democratic People’s Republic of Korea, Japan, Republic of Korea, Russia, Taiwan and Vietnam	The wood must be accompanied by an official statement that: (a) it originates in an area* which, in accordance with ISPM No. 4, is known to be free from Neocerambyx raddei Blessig, (b) it has undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, or (c) it has undergone appropriate ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood. Where the phytosanitary certificate includes the official statement referred to in paragraph (b), there must also be evidence of that heat treatment by a mark “HT” put on the wood or on any wrapping in accordance with current usage and on the phytosanitary certificate. *The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.
128D	Wood in the form of chips, particles, sawdust, wood waste or scrap obtained in whole or part from Castanea Mill, Castanopsis (D. Don) Spach and Quercus L.	China, Democratic People’s Republic of Korea, Japan, Republic of Korea, Russia, Taiwan and Vietnam	The wood must be accompanied by an official statement, that: (a) it originates in an area* which, in accordance with ISPM No. 4, is known to be free from Neocerambyx raddei Blessig, (b) it has been processed into pieces of not more than 2.5 cm thickness and width, or (c) it has undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the chips, particles, wood waste or scrap. Where the phytosanitary certificate includes the official statement referred to in paragraph (c), there must also be evidence of that heat treatment by a mark “HT” on the phytosanitary certificate. *The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.”;

(cc) after entry 131, insert—

“131A

Isolated bark and objects made of bark of Quercus L.

Turkey

The isolated bark must be accompanied by an official statement that it originates in an area* which, in accordance with ISPM No. 4, is known to be free from Agrilus bilineatus Weber and is not within 100 km of a known outbreak of Agrilus bilineatus Weber. *The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.”;

(b) in Part B, in the table, in entry 5, in the first column, omit “and plants grown for their entire production cycle in vitro,”;

(5) In Annex 11(5), in Part A, in the table—

(a) in entry 41, in the third column, for “The USA”, substitute “Canada, China, the Democratic Republic of Korea, Japan, the Republic of Korea, Russia, Taiwan, Turkey, Vietnam and the USA”;

(b) after entry 52, insert—

“53

Castanopsis (D. Don) Spach

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms, wood in chips or particles, sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms: -Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms: --Non-coniferous: ex 4401 12 00 -Wood in chips or particles: --Non-coniferous: ex 4401 22 00 -Sawdust and wood waste and scrap, not agglomerated: --Wood waste and scrap (other than sawdust): ex 4401 40 90 Wood in the rough, not stripped of bark or sapwood, or roughly squared: -Treated with paint, stains, creosote or other preservatives: --Non coniferous ex 4403 12 00 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 of Council Regulation (EEC) No.2658/87 or other tropical wood, oak, (Quercus spp.) or beech (Fagus spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared other than treated with paint, stains, creosote or other preservatives: ex 4403 99 00 Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise: -Non-coniferous: ex 4404 20 00 Railway or tramway sleepers (cross-ties): -Not impregnated: --Non-coniferous: 4406 12 00 -Other (than not impregnated): --Non-coniferous: 4406 92 00 Non-coniferous wood (other than tropical wood, oak (Quercus spp.), beech (Fagus spp.), maple (Acer spp.), cherry (Prunus spp.), ash (Fraxinus spp.), birch (Betula spp.) or poplar and aspen (Populus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm: ex 4407 99 27 ex 4407 99 40 ex 4407 99 90 Packing cases, boxes, crates, drums and similar packings of wood, cable-drums of wood, pallets, box pallets and other load boards of wood, pallet collars of wood: -Cases, boxes, crates, drums and similar packings, cable-drums: 4415 10 10 4415 10 90 -Pallets, box pallets and other load boards, pallet collars: 4415 20 20 4415 20 90 Prefabricated buildings of wood: 9406 10 00.

China, Democratic People’s Republic of Korea, Japan, Republic of Korea, Russia, Taiwan and Vietnam.”.

(1)

EUR 2019/2072 amended by S.I. 2020/1527, 2021/136 and 426.

(2)

Annex 2 of EUR 2019/2072 was substituted by Schedule 1 to S.I. 2020/1527.

(3)

Annex 2A of EUR 2019/2072 was substituted by Schedule 2 to S.I. 2020/1527 and amended by S.I. 2021/426.

(4)

Annex 7 of EUR 2019/2072 was substituted by Schedule 7 to S.I. 2020/1527 and amended by S.I. 2021/136 and 426.

(5)

Annex 11 of EUR 2019/2072 was substituted by Schedule 10 to S.I. 2020/1527 and amended by S.I. 2021/426.