Date: 2019-10-18Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2019/1739 of 16 October 2019 establishing emergency measures to prevent the introduction into and the spread within the Union of Rose Rosette Virus (notified under document C(2019) 7328)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
This Commission Implementing Decision (EU) 2019/1739 establishes emergency measures to prevent the introduction and spread of Rose Rosette Virus within the Union. It prohibits the introduction and spread of the virus, mandates surveys for the virus and its vector, and sets requirements for importing Rosa spp. from Canada, India, and the U.S. The decision is effective from November 1, 2019, until July 31, 2022.
Key Points / Main Content:
* **Definitions:**
* Specified organism: Rose Rosette Virus.
* Specified plants: Plants, other than seeds, of Rosa spp. originating in Canada, India, or the U.S.
* Specified vector: Phyllocoptes fructiphilus.
* **Prohibition:**
* The introduction into and spread within the Union of the specified organism is prohibited.
* **Detection and Notification:**
* Member States must ensure that anyone controlling plants that may be infected with the specified organism or its vector is immediately informed of the presence or suspected presence, possible consequences, and necessary measures.
* **Surveys:**
* Member States must conduct annual surveys for the presence of the specified organism and vector on specified plants.
* Surveys must include sampling and testing based on sound scientific and technical principles.
* Results of the surveys from the previous calendar year must be reported to the Commission and other Member States annually.
* **Import Requirements:**
* Specified plants must be accompanied by a phytosanitary certificate.
* Plants must meet specific growing conditions: grown in an area free from the specified organism, or grown in a place of production free from symptoms with testing conducted prior to export, or be tissue cultures from tested mother plants.
* Plants must be handled, packaged, and transported to prevent infestation by the specified vector.
* **Official Checks:**
* All consignments of specified plants must be officially checked at the point of entry into the Union or the place of destination.
* **Compliance:**
* Member States must repeal or amend existing measures to comply with this Decision and inform the Commission.
* **Dates of application and expiration:**
* Applies from November 1, 2019, until July 31, 2022.
Impact Analysis:
* **Member States:**
* Impact: Required to implement and enforce the measures, conduct surveys, and inform relevant parties.
* Action Required: Conduct annual surveys, notify persons controlling potentially infected plants, ensure compliance with import requirements, amend or repeal conflicting measures, and inform the Commission of these measures.
* **Plant Producers/Operators (Rosa spp.):**
* Impact: Subject to restrictions and requirements for introducing plants into the Union; must be informed of potential presence of the virus.
* Action Required: Comply with phytosanitary certificate requirements, ensure plants meet growing condition standards, handle plants to prevent vector infestation, and remain informed about the virus and necessary measures.
* **European Commission:**
* Impact: Receives notifications from Member States regarding survey results and compliance measures.
* Action Required: Review survey results and compliance measures submitted by Member States.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe. The policy addresses measures to prevent the introduction and spread of Rose Rosette Virus within the Union.
Rose Rosette Virus: A harmful organism that affects rose plants. The document establishes emergency measures to prevent its introduction into and spread within the European Union.
Phyllocoptes fructiphilus: The vector of Rose Rosette Virus. The document addresses measures to prevent its introduction into and spread within the European Union.
Canada: A third country from which the specified organism may be introduced into the Union.
India: A third country from which the specified organism may be introduced into the Union.
U.S.: A third country from which the specified organism may be introduced into the Union. (Presumably the United States of America)
Council Directive 2000/29/EC: Council Directive on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
European and Mediterranean Plant Protection Organization: An intergovernmental organization responsible for cooperation in plant protection in the European and Mediterranean region
L 265/12 E N O f f i c i a l J o u r n a l o f t h e E u r o p e an Union 18.10.2019
COMMISSION IMPLEMENTING DECISION (EU) 2019/1739
of 16 October 2019
establishing emergency measures to prevent the introduction into and the spread within the Union
of Rose Rosette Virus
(notified under document C(2019) 7328)
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 against their spread within the Community (1), and in
particular the third sentence of Article 16(3) thereof,
Whereas:
(1) Rose Rosette virus (‘the specified organism’) is a harmful organism currently not listed in Annex I or Annex II to
Directive 2000/29/EC.
(2) The specified organism and its vector Phyllocoptes fructiphilus are not known to be present in the Union territory.
However, a pest risk analysis carried out by the European and Mediterranean Plant Protection Organization EPPO
has demonstrated that the specified organism and its damaging effects could be of significant plant health concern
to the Union, in particular for all roses’ production.
(3) In view of that evidence, and of the ongoing spread of the specified organism, susceptible plants should be subject to
specific measures when introduced into the Union from the third countries where the pest is present (Canada, India
and U.S.) and should be accompanied by a phytosanitary certificate.
(4) Those specific measures should provide for the timely detection of the specified organism in the Union territory and
of its vector, requirements for the introduction into the Union of the specified plants, as well as official checks at
introduction of those plants into the Union.
(5) Member States should ensure that any person having under its control plants which may be infected with the
specified organism is informed about its potential presence and the measures to be taken.
(6) Member States should carry out annual surveys for the presence of the specified organism in their territories, to
ensure a more pro-active approach against the establishment and spread of that organism.
(7) Requirements should be established for the introduction into the Union of plants, other than seeds, of Rosa spp.
originating in Canada, India or the U.S. (specified plants) as well as official checks to be conducted at their
introduction into the Union. Those measures are necessary to ensure an enhanced protection of the Union territory
from the introduction and spread of the specified organism.
(8) In order to allow to responsible official bodies and the professional operators to adapt to those requirements, this
Decision should apply from 1 November 2019.
(9) This Decision should be temporary and apply until 31 July 2022 to allow for its review before that time.
(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants,
Animals, Food and Feed,
(1) OJ L 169, 10.7.2000, p. 1.18.10.2019 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 265/13
HAS ADOPTED THIS DECISION:
Article 1
Definitions
For the purposes of this Decision, the following definitions shall apply:
(a) ‘specified organism’ means Rose Rosette Virus;
(b) ‘specified plants’ means plants, other than seeds, of Rosa spp. originating in Canada, India or the U.S.;
(c) ‘specified vector’ means Phyllocoptes fructiphilus.
Article 2
Prohibition of introduction and movement within the Union
The introduction into and spread within the Union of the specified organism shall be prohibited.
Article 3
Detection or suspected presence of the specified organism
Member States shall ensure that any person having under its control plants which may be infected with the specified
organism or its vector is immediately informed of the presence or the suspected presence of the specified organism and of
its vector, of the possible consequences and risks, and of the measures to be taken.
Article 4
Surveys of the specified organism in the territories of the Member States
1. Member States shall conduct annual surveys for the presence of the specified organism and the specified vector on
specified plants in their territory. Those surveys shall be carried out by the responsible official body, or under official
supervision of the responsible official body.
2. Those surveys shall include sampling and testing and shall be based on sound scientific and technical principles with
regard to the possibility to detect the specified organism and the specified vector.
3. Member States shall notify each year the results to the Commission and the other Member States, concerning the
surveys that are carried out the previous calendar year.
Article 5
Requirements for the introduction into the Union of the specified plants
1. The specified plants shall only be introduced into the Union if the following requirements are fulfilled:
(a) they shall be accompanied by a phytosanitary certificate, as referred to in Article 13(1)(ii) of Directive 2000/29/EC;
(b) they shall comply, as applicable, with paragraph 2, 3 or 4, and the wording of the respective requirement shall be
indicated in the phytosanitary certificate under ‘Additional Declaration’.L 265/14 E N O f f i c i a l J o u r n a l o f t h e E u r o p e an Union 18.10.2019
2. The specified plants have been grown through their entire life in an area free from the specified organism, as
established by the national plant protection organisation concerned, in accordance with the relevant International
Standards for Phytosanitary Measures. The name of that area shall be stated in the phytosanitary certificate under ‘place of
origin’.
3. The specified plants have been grown through their entire life in a place of production where neither symptoms of the
specified organism nor of the specified vector have been observed during official inspections since the start of the last
growing season. In addition, the following conditions have been fulfilled:
(a) the specified plants for planting have been sampled and tested prior to export and found free from the specified
organism;
(b) the specified plants, other than plants for planting, have been inspected, and in case of symptoms, sampled and tested
prior to export for the presence of the specified organism and found free from that organism.
4. Specified plants in tissue culture not originating in an area free from the specified organism, have been produced from
mother plants tested and found free from the specified organism.
5. The specified plants shall only be introduced into the Union if they are handled, packaged and transported in a
manner to prevent infestation by the specified vector.
Article 6
Official checks at introduction into the Union
All consignments of specified plants shall be officially checked at the point of entry into the Union or at the place of
destination as provided for in accordance with Commission Directive 2004/103/EC (2).
Article 7
Compliance
Member States shall repeal or amend the measures which they have adopted to protect themselves against the introduction
and spread of the specified organism in order to comply with this Decision. They shall immediately inform the Commission
of those measures.
Article 8
Date of application
This Decision shall apply from 1 November 2019.
Article 9
Date of expiration
This Decision shall apply until 31 July 2022.
(2) Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health checks of plants, plant products or other objects,
listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the
Community or at a place close by and specifying the conditions related to these checks (OJ L 313, 12.10.2004, p. 16).18.10.2019 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 265/15
Article 10
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 16 October 2019.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission