Date: 2020-08-07Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2020/1164 of 6 August 2020 providing for a temporary derogation from certain provisions of Implementing Regulation (EU) 2019/2072 in respect of measures to prevent the introduction into and the spread within the Union of the pest Agrilus planipennis Fairmaire from Canada and the United States
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
Commission Implementing Regulation (EU) 2020/1164 provides a temporary derogation from certain provisions of Implementing Regulation (EU) 2019/2072 regarding measures to prevent the introduction and spread of Agrilus planipennis Fairmaire from Canada and the United States into the Union. This regulation, effective from the third day following its publication, applies until 30 June 2023. It restricts the introduction of specific wood types from Canada and the United States.
Key Points / Main Content:
* **Derogation:** Temporarily derogates from point 87 in Annex VII to Regulation (EU) 2019/2072.
* **Scope:** Concerns measures against the pest Agrilus planipennis Fairmaire.
* **Origin:** Applies to wood originating in Canada and the United States.
* **Wood Types Affected:** Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch., and Pterocarya rhoifolia Siebold and Zucc.
* **Permitted Introduction:** Allows introduction of specified wood only under official statements referred to in options a and c of point 87 of Annex VII to Regulation (EU) 2019/2072.
* **Duration:** The regulation is effective until June 30, 2023.
* **Specified Wood Definition:** Includes specific CN codes of the above tree species other than those in the form of chips, particles, sawdust, shavings, wood waste and scrap, wood packaging material, and furniture and other objects made of untreated wood.
Impact Analysis:
**European Union Member States:**
* *Impact:* Must apply the temporary derogation regarding the import of specific wood types from Canada and the United States, following the guidelines for official statements.
* *Action Required:* Implement and enforce the regulation, ensuring that only wood accompanied by the correct official statements is allowed entry.
**Importers/Businesses importing wood from Canada and the United States:**
* *Impact:* Restrictions on importing Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold and Zucc. wood, as introduction is only allowed under specific official statements.
* *Action Required:* Ensure that imports of the specified wood types from Canada and the United States are accompanied by official statements referred to in options a and c of point 87 of Annex VII to Regulation (EU) 2019/2072.
**Plant Health Authorities in Canada and the United States:**
* *Impact:* Need to provide official statements as per options a and c of point 87 of Annex VII to Regulation (EU) 2019/2072 for exports of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold and Zucc. wood to the EU.
* *Action Required:* Ensure that wood exports meet the requirements for official certification as per the regulation.
Key Entities Referenced
European Union: The political and economic union of European member states to which the regulation applies.
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day operations.
Canada: One of the countries of origin for wood that is subject to import regulations into the European Union, due to the risk of pest introduction.
United States: One of the countries of origin for wood that is subject to import regulations into the European Union, due to the risk of pest introduction.
Agrilus planipennis Fairmaire: An insect pest (Emerald Ash Borer) that poses a threat to trees and plants within the European Union, which this regulation aims to prevent the introduction and spread of.
Regulation EU 2016/2031: A regulation of the European Parliament and the Council on protective measures against pests of plants.
Commission Implementing Regulation EU 2019/2072: A regulation establishing uniform conditions for the implementation of Regulation EU 2016/2031 regarding protective measures against pests of plants.
Fraxinus L.: Genus of plants that includes ash trees, the wood of which is regulated under this policy to prevent the spread of Agrilus planipennis.
L 258/6 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 7.8.2020
COMMISSION IMPLEMENTING REGULATION (EU) 2020/1164
of 6 August 2020
providing for a temporary derogation from certain provisions of Implementing Regulation (EU)
2019/2072 in respect of measures to prevent the introduction into and the spread within the Union
of the pest Agrilus planipennis Fairmaire from Canada and the United States
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective
measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of
the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC,
98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC(1), and in particular Article 41(2) thereof,
Whereas:
(1) Council Directive 2000/29/EC(2) has been repealed and replaced by Regulation (EU) 2016/2031, while the
provisions of its Annexes have been replaced by the provisions of Commission Implementing Regulation (EU)
2019/2072(3).
(2) Agrilus planipennis Fairmaire is a pest listed in Annex II, Part A, to Regulation (EU) 2019/2072 as an organism not
known to occur in the Union. It is also listed as priority pest in Commission Delegated Regulation (EU)
2019/1702(4).
(3) Following the information collected in 2018 during two Commission audits in Canada and the United States the
implementation of the conditions set out under option (b) of point 2.3 of Annex IV, Part A, Section I to Directive
2000/29/EC were not sufficiently verified prior to export. Commission Implementing Decision (EU) 2018/1959(5)
therefore only allowed the introduction into the Union of wood of Fraxinus L., Juglans ailantifolia Carr., Juglans
mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold and Zucc. originating in Canada and the
United States (‘the specified wood’) under official statements referred to in options (a) and (c) of point 2.3 of Annex
IV, Part A, Section I to Directive 2000/29/EC. Implementing Decision (EU) 2018/1959 expired on 30 June 2020.
(4) The provisions set out under point 87 of Annex VII to Regulation (EU) 2019/2072 establish special requirements to
prevent the introduction into and the spread within the Union of the pest Agrilus planipennis Fairmaire through
wood originating in certain third countries. The provisions of option (b) of point 2.3 of Annex IV, Part A, Section I
to Directive 2000/29/EC are now reflected under option (b) of point 87 of Annex VII to Regulation (EU) 2019/2072.
(5) In view of the results of the Commission audits carried out in Canada and the United States in 2018, it is still
considered appropriate to only allow the introduction into the Union of wood of Fraxinus L., Juglans ailantifolia
Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold and Zucc. originating in
those third countries under official statements referred to in options (a) and (c) of point 87 of Annex VII to
Regulation (EU) 2019/2072.
(6) This Regulation should apply until 30 June 2023, to allow for the review of point 87 of Annex VII to Regulation
(EU) 2019/2072 on the basis of scientific and technical developments.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on
Plants, Animals, Food and Feed,
(1) OJ L 317, 23.11.2016, p. 4.
(2) 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 (OJ L 169, 10.7.2000, p. 1).
(3) Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 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, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU)
2018/2019 (OJ L 319, 10.12.2019, p. 1).
(4) Commission Delegated Regulation (EU) 2019/1702 of 1 August 2019 supplementing Regulation (EU) 2016/2031 of the European
Parliament and of the Council by establishing the list of priority pests (OJ L 260, 11.10.2019, p. 8).
(5) Commission Implementing Decision (EU) 2018/1959 of 10 December 2018 derogating from Council Directive 2000/29/EC as
regards measures to prevent the introduction into and the spread within the Union of the harmful organism Agrilus planipennis
(Fairmaire) through wood originating in Canada and in the United States of America (OJ L 315, 12.12.2018, p. 27).7.8.2020 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 258/7
HAS ADOPTED THIS REGULATION:
Article 1
By way of derogation from the provisions set out under point 87 in Annex VII to Regulation (EU) 2019/2072, the
introduction into the Union territory of wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus
davidiana Planch. and Pterocarya rhoifolia Siebold and Zucc. (‘the specified wood’), as described in the Annex to this
Regulation, originating in Canada and the United States, shall only be allowed under official statements referred to in
options (a) and (c) of that point 87.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European
Union.
It shall apply until 30 June 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 August 2020.
For the Commission
The President
Ursula VON DER LEYENL 258/8 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 7.8.2020
ANNEX
Specified wood as referred to in Article 1
Specified wood shall mean wood as described in the following table:
Plants, plant products and other objects CN codes
Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica ex 4401 12 00
Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & ex 4403 12 00
Zucc., other than in the form of ex 4403 99 00
— chips, particles, sawdust, shavings, wood waste and scrap, ex 4404 20 00
obtained in whole or part from these trees, ex 4406 12 00
— wood packaging material, in the form of packing cases, boxes, ex 4406 92 00
crates, drums and similar packings, pallets, box pallets and 4407 95 10
other load boards, pallet collars, dunnage, whether or not 4407 95 91
actually in use in the transport of objects of all kinds, except 4407 95 99
dunnage supporting consignments of wood, which is ex 4407 99 27
constructed from wood of the same type and quality as the ex 4407 99 40
wood in the consignment and which meets the same Union ex 4407 99 90
phytosanitary requirements as the wood in the consignment, ex 4408 90 15
but including wood which has not kept its natural round surface, ex 4408 90 35
and furniture and other objects made of untreated wood ex 4408 90 85
ex 4408 90 95
ex 4416 00 00
ex 9406 10 00