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10.11.2021 EN Official Journal of the European Union L 396/27
COMMISSION IMPLEMENTING REGULATION (EU) 2021/1936
of 9 November 2021
amending Implementing Regulation (EU) 2018/2019 as regards certain plants for planting of Ficus
carica L. and Persea americana Mill. originating in Israel, amending Implementing Regulation (EU)
2020/1213 as regards the phytosanitary measures for the introduction of those plants for planting
into the Union territory and correcting the latter Implementing Regulation
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 and 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 42(4), third subparagraph,
thereof,
Whereas:
(1) Commission Implementing Regulation (EU) 2018/2019(2)establishes, on the basis of a preliminary assessment, a
list of high risk plants, plant products and other objects.
(2) Commission Implementing Regulation (EU) 2018/2018(3)lays down specific rules concerning the procedure to be
followed, in order to carry out the risk assessment referred to in Article 42(4) of Regulation (EU) 2016/2031 for
high risk plants, plant products and other objects.
(3) Following a preliminary assessment, 35 plants for planting, originating from all third countries, were included in the
Annex to Implementing Regulation (EU) 2018/2019 as high risk plants, amongst which are the species Ficus carica L.
and the genus Persea Mill.
(4) In accordance with Regulation (EU) 2016/2031, if it is concluded, on the basis of a risk assessment, that a plant,
plant product or other object originating in a third country, group of third countries or a specific area of the third
country concerned, poses an unacceptable pest risk, but that that risk can be reduced to an acceptable level by
applying certain measures, the Commission is to remove that plant, plant product or other object from the list
established by the Annex to Implementing Regulation (EU) 2018/2019 and add it to the list referred to in Article
41(2) of Regulation (EU) 2016/2031.
(5) Commission Implementing Regulation (EU) 2020/1213(4)sets out the phytosanitary measures for the introduction
into the Union territory of certain plants, plant products and other objects, which have been removed from the list
established by the Annex to Implementing Regulation (EU) 2018/2019.
(1) OJ L 317, 23.11.2016, p. 4.
(2) Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 establishing a provisional list of high risk plants, plant
products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2031 and a list of plants for which phytosanitary
certificates are not required for introduction into the Union, within the meaning of Article 73 of that Regulation (OJ L 323,
19.12.2018, p. 10).
(3) Commission Implementing Regulation (EU) 2018/2018 of 18 December 2018 laying down specific rules concerning the procedure to
be followed in order to carry out the risk assessment of high risk plants, plant products and other objects within the meaning of
Article 42(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council (OJ L 323, 19.12.2018, p. 7).
(4) Commission Implementing Regulation (EU) 2020/1213 of 21 August 2020 concerning the phytosanitary measures for the
introduction into the Union of certain plants, plant products and other objects which have been removed from the Annex to
Implementing Regulation (EU) 2018/2019 (OJ L 275, 24.8.2020, p. 5).L 396/28 EN Official Journal of the European Union 10.11.2021
(6) On 18 September 2019, Israel submitted to the Commission a request for export to the Union of bare-rooted,
dormant, without leaves, one-year-old plants for planting with a maximum diameter of 2 cm at the base of the stem
and one-year-old rooted cuttings without leaves of plants for planting with growing medium and with a maximum
diameter of 1 cm at the base of the stem of Ficus carica L. That request was supported by the respective technical
dossier.
(7) On 26 November 2020, the European Food Safety Authority (‘the Authority’) adopted a scientific opinion regarding
the commodity risk assessment of Ficus carica L. plants for planting from Israel(5). The Authority identified Aonidiella
orientalis, Colletotrichum siamense, Euwallacea fornicatus sensu lato, Hypothenemus leprieuri, Icerya aegyptiaca,
Neocosmospora euwallaceae, Neoscytalidium dimidiatum, Nipaecoccus viridis, Oligonychus mangiferus, Phenacoccus solenopsis,
Plicosepalus acaciae, Retithrips syriacus, Russellaspis pustulans, Scirtothrips dorsalis and Spodoptera frugiperda as pests
relevant for those plants for planting, evaluated the risk mitigation measures described in the dossier for those pests
and estimated their likelihood of pest freedom.
(8) On 1 September 2019, Israel submitted to the Commission a request for export to the Union of rooted, with leaves,
grafted plants for planting with growing medium and a maximum diameter of 1 cm at the base of the stem and
unrooted cuttings of plants for planting of Persea americana Mill. That request was accompanied by the respective
technical dossier.
(9) On 26 November 2020, the Authority adopted a scientific opinion regarding the commodity risk assessment of
Persea americana Mill. plants for planting from Israel(6). The Authority identified Aonidiella orientalis, Aulacaspis
tubercularis, Avocado sunblotch viroid, Bemisia tabaci, Colletotrichum aenigma, Colletotrichum alienum, Colletotrichum
fructicola, Colletotrichum perseae, Colletotrichum siamense, Colletotrichum theobromicola, Euwallacea fornicatus, Icerya
aegyptiaca, Lasiodiplodia pseudotheobromae, Maconellicoccus hirsutus, Milviscutulus mangiferae, Neocosmospora euwallaceae,
Neoscytalidium dimidiatum, Nipaecoccus viridis, Oligonychus perseae, Paracoccus marginatus, Penthimiola bella, Pseudococcus
cryptus, Pulvinaria psidii, Retithrips syriacus, Scirtothrips dorsalis and Tetraleurodes perseae as pests relevant for those
plants for planting, evaluated the risk mitigation measures described in the dossier for those pests and estimated
their likelihood of pest freedom.
(10) On the basis of those opinions, the necessary measures to address the risk of the specified pests should be adopted as
phytosanitary import requirements, in order to ensure that the phytosanitary risk from introduction of the specified
plants into the Union is reduced to an acceptable level. Therefore, bare-rooted, dormant, without leaves, one-year-old
plants for planting with a maximum diameter of 2 cm at the base of the stem of Ficus carica L. and one-year-old
rooted cuttings without leaves of plants for planting with growing medium and with a maximum diameter of 1 cm
at the base of the stem of Ficus carica L., originating in Israel, and rooted, with leaves, grafted plants for planting with
growing medium and a maximum diameter of 1 cm at the base of the stem of Persea americana Mill. and unrooted
cuttings of plants for planting of Persea americana Mill., originating in Israel, should be removed from the Annex to
Implementing Regulation (EU) 2018/2019 and the necessary phytosanitary import measures should be added to
the Annex to Implementing Regulation (EU) 2020/1213.
(11) Given the large number of pests identified for each of the specified plants and the uncertainties identified by the
Authority, it is considered that the sole application of the measures proposed by Israel in the dossiers cannot reduce
the risk from the introduction of the specified plants into the Union to an acceptable level. In order to reduce the
phytosanitary risk to an acceptable level, and without prejudice to the import requirements set out in Annex VII to
Commission Implementing Regulation (EU) 2019/2072(7), those plants should be required to be grown in pest-free
sites of production with physical protection against the introduction of the specified insect pests and be officially
(5) EFSA PLH Panel (European Food Safety Authority Panel on Plant Health), Scientific Opinion on the commodity risk assessment of Ficus
carica plants from Israel, EFSA Journal 2021;19(1):6353, https://doi.org/10.2903/j.efsa.2021.6353
(6) EFSA PLH Panel, Scientific Opinion on the commodity risk assessment of Persea americana from Israel, EFSA Journal 2021;19(2):6354,
https://doi.org/10.2903/j.efsa.2021.6354
(7) 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).10.11.2021 EN Official Journal of the European Union L 396/29
inspected to detect those pests. In addition, with regard to unrooted cuttings of plants for planting of Persea americana
Mill. originating in Israel, for which the maximum diameter at the base of the stem is not specified in the dossier, a
maximum diameter of 2 cm at the base of the stem should be accepted for such plants presented for import into the
Union. The inspection of consignments of the specified plants immediately prior to export should also be
strengthened compared to the inspection indicated by the dossiers submitted by Israel.
(12) Bemisia tabaci, Euwallacea fornicatus sensu lato (belongs to the family of Scolytidae (non-European)), Hypothenemus
leprieuri (belongs to the family of Scolytidae (non-European)), Scirtothrips dorsalis and Spodoptera frugiperda are listed as
Union quarantine pests in Annex II to Implementing Regulation (EU) 2019/2072. Aonidiella orientalis, Aulacaspis
tubercularis, Avocado sunblotch viroid, Colletotrichum aenigma, Colletotrichum alienum, Colletotrichum fructicola,
Colletotrichum perseae, Colletotrichum siamense, Colletotrichum theobromicola, Icerya aegyptiaca, Lasiodiplodia
pseudotheobromae, Maconellicoccus hirsutus, Milviscutulus mangiferae, Neocosmospora euwallaceae, Neoscytalidium
dimidiatum, Nipaecoccus viridis, Oligonychus mangiferus, Oligonychus perseae, Paracoccus marginatus, Penthimiola bella,
Phenacoccus solenopsis, Plicosepalus acaciae, Pseudococcus cryptus, Pulvinaria psidii, Retithrips syriacus, Russellaspis pustulans
and Tetraleurodes perseae are not yet included in the list of Union quarantine pests in Annex II to Implementing
Regulation (EU) 2019/2072, but they may fulfil the conditions to be included once a complete risk assessment is
carried out. For this reason, the above phytosanitary measures are also necessary concerning those pests until a
complete risk assessment is carried out.
(13) Implementing Regulations (EU) 2018/2019 and (EU) 2020/1213 should therefore be amended accordingly.
(14) The Annex to Implementing Regulation (EU) 2020/1213 contains several errors when referring to other Union plant
health legislation.
(15) Implementing Regulation (EU) 2020/1213 should therefore be corrected accordingly.
(16) In order to comply with Union obligations deriving from the World Trade Organization Agreement on the
application of sanitary and phytosanitary measures, the import of those commodities should resume within the
shortest possible delay. Therefore, this Regulation should enter into force on the third day following that of its
publication in the Official Journal of the European Union.
(17) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on
Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Implementing Regulation (EU) 2018/2019
The Annex to Implementing Regulation (EU) 2018/2019 is amended in accordance with Annex I to this Regulation.
Article 2
Amendments and corrections to Implementing Regulation (EU) 2020/1213
The Annex to Implementing Regulation (EU) 2020/1213 is amended and corrected in accordance with Annex II to this
Regulation.
Article 3
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European
Union.L 396/30 EN Official Journal of the European Union 10.11.2021
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 November 2021.
For the Commission
The President
Ursula VON DER LEYEN10.11.2021 EN Official Journal of the European Union L 396/31
ANNEX I
Point 1, table, second column ‘Description’, of the Annex to Implementing Regulation (EU) 2018/2019 is amended as
follows:
(1) the entry for ‘Ficus carica L.’ is replaced by the following:
‘Ficus carica L., other than bare-rooted, dormant, without leaves, one-year-old plants for planting with a maximum
diameter of 2 cm at the base of the stem of Ficus carica L., and one-year-old rooted cuttings without leaves of plants for
planting with growing medium and with a maximum diameter of 1 cm at the base of the stem of Ficus carica L.,
originating in Israel’;
(2) the entry for ‘Persea Mill.’ is replaced by the following:
‘Persea Mill., other than rooted, with leaves, grafted plants for planting with growing medium and a maximum diameter
of 1 cm at the base of the stem of Persea americana Mill., and unrooted cuttings of plants for planting with a maximum
diameter of 2 cm of Persea americana Mill., originating in Israel’.L 396/32 EN Official Journal of the European Union 10.11.2021
ANNEX II
PART A
The table in the Annex to Implementing Regulation (EU) 2020/1213 is amended as follows:
(1) the following entry is inserted after the second entry for Albizia julibrissin Durazzini, bare rooted, dormant grafted
plants for planting with a maximum diameter of 2,5 cm:
Third
Plants, plant products or
CN Code countries of Measures
other objects
origin
‘Ficus carica L, bare- ex 0602 20 20 Israel (a) Official statement that:
rooted, dormant, without (i) the plants are free from Aonidiella orientalis, Colle
ex 0602 20 80
leaves, one-year-old totrichum siamense, Euwallacea fornicatus sensu lato,
plants for planting with a ex 0602 90 45 Hypothenemus leprieuri, Icerya aegyptiaca, Neocos
maximum diameter of 2 mospora euwallaceae, Neoscytalidium dimidiatum,
ex 0602 90 46
cm at the base of the stem, Nipaecoccus viridis, Oligonychus mangiferus, Phena
and one-year-old rooted ex 0602 90 48 coccus solenopsis, Plicosepalus acaciae, Retithrips syr
cuttings without leaves of iacus, Russellaspis pustulans, Scirtothrips dorsalis and
ex 0602 90 50
plants for planting with Spodoptera frugiperda;
growing medium and ex 0602 90 70 (ii) the plants have been grown throughout their life
with a maximum in a place of production, which, together with the
diameter of 1 cm at the sites of production that form part of it, is regis
base of the stem tered and supervised by the national plant protec
tion organisation of the country of origin;
(iii) the plants have been grown throughout their life
in a site with physical protection against the in
troduction of Aonidiella orientalis, Icerya aegyptia
ca, Nipaecoccus viridis, Oligonychus mangiferus, Phe
nacoccus solenopsis, Retithrips syriacus and
Russellaspis pustulans, which has been subjected
to official inspections every 45 days and has been
found free from all the pests listed in point (i); in
case of suspicion of the presence of any pest listed
in point (i) at the site of production, appropriate
treatments have been carried out to ensure the
absence of the pests; and
(iv) immediately prior to export, consignments of the
plants have been subjected to an official inspec
tion for the presence of Aonidiella orientalis, Icerya
aegyptiaca, Nipaecoccus viridis, Oligonychus mangi
ferus, Phenacoccus solenopsis, Plicosepalus acaciae,
Retithrips syriacus and Russellaspis pustulans, with
such a sample size as to enable at least the detec
tion of 1 % level of infestation with a level of
confidence of 99 %, and to an official inspection
for the presence of Colletotrichum siamense and
Neoscytalidium dimidiatum including random
sampling and testing of the plants;10.11.2021 EN Official Journal of the European Union L 396/33
(b) the phytosanitary certificates for those plants shall in
clude under the heading “Additional Declaration”:
(i) the following statement: “The consignment com
plies with Commission Implementing Regulation
(EU) 2020/1213”;
(ii) the specification of the registered production
site(s).’
(2) the following entries are inserted after the entry for Jasminum polyanthum Franchet, unrooted cuttings of plants for
planting:
Third
Plants, plant products or
CN Code countries of Measures
other objects
origin
‘Persea americana Mill., ex 0602 90 41 Israel (a) Official statement that:
rooted, with leaves, (i) the plants are free from Aonidiella orientalis, Aula
ex 0602 90 45
grafted plants for caspis tubercularis, Avocado sunblotch viroid, Bemisia
planting with growing ex 0602 90 48 tabaci, Colletotrichum aenigma, Colletotrichum alie
medium and with a num, Colletotrichum fructicola, Colletotrichum perse
ex 0602 90 50
maximum diameter of 1 ae, Colletotrichum siamense, Colletotrichum theobro
cm at the base of the stem micola, Euwallacea fornicatus sensu lato, Icerya
aegyptiaca, Lasiodiplodia pseudotheobromae, Maco
nellicoccus hirsutus, Milviscutulus mangiferae, Neo
cosmospora euwallaceae, Neoscytalidium dimidiatum,
Nipaecoccus viridis, Oligonychus perseae, Paracoccus
marginatus, Penthimiola bella, Pseudococcus cryptus,
Pulvinaria psidii, Retithrips syriacus, Scirtothrips dor
salis and Tetraleurodes perseae;
(ii) the plants have been grown throughout their life
in a place of production, which, together with the
sites of production that form part of it, is regis
tered and supervised by the national plant protec
tion organisation of the country of origin;
(iii) the plants have been grown throughout their life
in a site with physical protection against the in
troduction of Aonidiella orientalis, Aulacaspis tu
bercularis, Icerya aegyptiaca, Maconellicoccus hirsu
tus, Milviscutulus mangiferae, Nipaecoccus viridis,
Oligonychus perseae, Paracoccus marginatus, Penthi
miola bella, Pseudococcus cryptus, Pulvinaria psidii,
Retithrips syriacus and Tetraleurodes perseae, which
has been subjected to official inspections every
45 days and has been found free from all the pests
listed in point (i); in case of suspicion of the pre
sence of any pest listed in point (i) at the site of
production, appropriate treatments have been
carried out to ensure the absence of the pests; and
(iv) immediately prior to export, consignments of the
plants have been subjected to an official inspec
tion for the presence of Aonidiella orientalis, Aula
caspis tubercularis, Icerya aegyptiaca, MaconellicoccusL 396/34 EN Official Journal of the European Union 10.11.2021
hirsutus, Milviscutulus mangiferae, Nipaecoccus viri
dis, Oligonychus perseae, Paracoccus marginatus,
Penthimiola bella, Pseudococcus cryptus, Pulvinaria
psidii, Retithrips syriacus and Tetraleurodes perseae,
with such a sample size as to enable at least the
detection of 1 % level of infestation with a level of
confidence of 99 %, and to an official inspection
for the presence of Avocado sunblotch viroid, Colle
totrichum aenigma, Colletotrichum alienum, Colleto
trichum fructicola, Colletotrichum perseae, Colletotri
chum siamense, Colletotrichum theobromicola,
Lasiodiplodia pseudotheobromae, Neoscytalidium di
midiatum including random sampling and testing
of the plants;
(b) the phytosanitary certificates for those plants shall in
clude under the heading “Additional Declaration”:
(i) the following statement: “The consignment com
plies with Commission Implementing Regulation
(EU) 2020/1213”;
(ii) the specification of the registered production
sites(s).
Persea americana Mill., ex 0602 10 90 Israel (a) Official statement that:
unrooted cuttings of (i) the plants are free from Aonidiella orientalis, Aula
plants for planting with a caspis tubercularis, Avocado sunblotch viroid, Colleto
maximum diameter of 2 trichum aenigma, Colletotrichum alienum, Colletotri
cm chum fructicola, Colletotrichum perseae,
Colletotrichum siamense, Colletotrichum theobromi
cola, Euwallacea fornicatus sensu lato, Icerya aegyptia
ca, Lasiodiplodia pseudotheobromae, Maconellicoccus
hirsutus, Milviscutulus mangiferae, Neocosmospora
euwallaceae, Neoscytalidium dimidiatum, Nipaecoc
cus viridis, Oligonychus perseae, Paracoccus margin
atus, Pseudococcus cryptus, Pulvinaria psidii, Reti
thrips syriacus and Scirtothrips dorsalis;
(ii) the plants have been grown throughout their life
in a place of production, which, together with the
sites of production that form part of it, is regis
tered and supervised by the national plant protec
tion organisation of the country of origin;
(iii) the plants have been grown throughout their life
in a site with physical protection against the in
troduction of Aonidiella orientalis, Aulacaspis tu
bercularis, Icerya aegyptiaca, Maconellicoccus hirsu
tus, Milviscutulus mangiferae, Nipaecoccus viridis,
Oligonychus perseae, Paracoccus marginatus, Pseudo
coccus cryptus, Pulvinaria psidii and Retithrips syria
cus, which has been subjected to official inspec
tions every 45 days and has been found free from
all the pests listed in point (i); in case of suspicion
of the presence of any pest listed in point (i) at the10.11.2021 EN Official Journal of the European Union L 396/35
site of production, appropriate treatments have
been carried out to ensure the absence of the
pests; and
(iv) immediately prior to export, consignments of the
plants have been subjected to an official inspec
tion for the presence of Aonidiella orientalis, Aula
caspis tubercularis, Icerya aegyptiaca, Maconellicoccus
hirsutus, Milviscutulus mangiferae, Nipaecoccus viri
dis, Oligonychus perseae, Paracoccus marginatus,
Pseudococcus cryptus, Pulvinaria psidii and Retithrips
syriacus, with such a sample size as to enable at
least the detection of 1 % level of infestation with
a level of confidence of 99 %, and to an official
inspection for the presence of Avocado sunblotch
viroid, Colletotrichum aenigma, Colletotrichum alie
num, Colletotrichum fructicola, Colletotrichum perse
ae, Colletotrichum siamense, Colletotrichum theobro
micola, Lasiodiplodia pseudotheobromae,
Neoscytalidium dimidiatum including random
sampling and testing of the plants;
(b) the phytosanitary certificates for those plants shall in
clude under the heading “Additional Declaration”:
(i) the following statement: “The consignment com
plies with Commission Implementing Regulation
(EU) 2020/1213”;
(ii) the specification of the registered production
site(s).’.
PART B
The table in the Annex to Implementing Regulation (EU) 2020/1213 is corrected as follows:
(1) in the two entries for Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, bare rooted,
dormant, free of leaves, grafted or budded, one- to three- year old plants for planting, in the fourth column ‘Measures’,
in point(b)(i), the reference ‘Commission Implementing Regulation (EU) 2020/1362’ is replaced by ‘Commission
Implementing Regulation (EU) 2020/1213’;
(2) in the entry for Jasminum polyanthum Franchet, unrooted cuttings of plants for planting, in the fourth column
‘Measures’, in point(b)(i), the reference ‘Commission Implementing Regulation (EU) 2021/419’ is replaced by
‘Commission Implementing Regulation (EU) 2020/1213’.