Amendment to the EU plant health legislation – applicable from 11th April 2022

In August 2021, COLEACP issued a Flash Info advising of a public consultation by the European Commission on proposed amendments to the EU plant health legislation. The resulting amendments have now been incorporated into the new Commission Implementing Regulation (EU) 2021/2285, published on 14th December 2021.

These amendments concern the listing of pests, prohibitions and requirements for the introduction into, and movement within the European Union of plants, plant products and other objects (amending Regulation (EU) 2019/2072). They will apply from 11th April 2022.

The new Regulation (EU) 2021/2285 introduces amendments that affect a number of ACP exports to the EU (including mango, papaya, guava, capsicum, eggplant, tomato and citrus from certain countries). NPPOs and export sectors in the countries concerned need to take action to ensure that the necessary measures are put in place so that exports can continue after 11th April 2022.

The most important changes in terms of impact on ACP fruit and vegetable exports to the EU include the following:

1.Point (5) clarifies the categorization of fruit fly (Tephritidae) species

“Based on the reassessment of the group of Tephritidae, specific species and genera have been identified that are not present or have limited presence in the Union territory and should be listed as Union quarantine pests. Several genera should be listed as Union quarantine pests, in order to allow protective measures against them, pending the availability of methods to identify them at species level, notably at larval stages”.

Some individual fruit fly species and genera are already named as Union quarantine pests. However, due to the lack of methods to identify many fruit flies at species level, the EU has taken a pragmatic approach. They have listed several entire genera as Union quarantine pests so that protective measures are taken against them while the diagnostic methods are being developed. This means that entry into the EU of produce containing a large range of fruit fly species (including all fruit flies belonging to the Acanthiophilus, Bactrocera, Ceratitis, and Dacus genera) is now prohibited

2.Amendments to ANNEX VII, stipulating additional requirements for certain plants and plant products from third countries

The new Regulation (EU) 2021/2285 amends some of the special requirements listed in Annex VII of Regulation (EU) 2019/2072. These special requirements target crops that are a known pathway into the EU of serious pests that could damage EU agriculture or the environment. The amendments are often made following risk assessments, or in cases where there have been large numbers of interceptions in imports from third countries.

The special requirements stipulate detailed rules that apply in order to export certain plants and plant products to the EU, alongside the pests and exporting countries concerned. In some cases the Annex includes a series of options specifying the strict conditions that apply. Exporting countries must select -and inform the European authorities – which of these options they will use.

The options vary depending on the crop and pest but, in general, they include the possibility of exporting according to categories of pest-free status (according to ISPM 4). There may also be an option to apply a systems approach or post-harvest treatment to ensure that the exported produce is free from the pests concerned. The latter requires the submission of a dossier to the EU by the National Plant Protection Organisation (NPPO) describing in detail the approach or treatment that will be applied.

It is important to note that these amendments also affect the completion of the phytosanitary certificate; specific details may need to be included in the Additional Declarations.

The latest amendments affect a number of ACP exports. NPPOs and export sectors in the countries concerned need to act now to ensure that the necessary steps are taken in order to allow exports to continue after 11th April 2022. The following points listed in Annex VII of Regulation (EU) 2021/2285 indicate the main crops, pests and countries concerned:

• Point 61. Options that specify strict conditions to manage Fruit flies (Tephritidae):

– In fruits of Citrus, kumquat (Fortunella Swingle); Trifoliate orange (Poncirus Raf., and their hybrids); mango (Mangifera L.) and Prunus L.

– From all third countries

• Point 67. Options that specify strict conditions to manage the fruit fly Bactericera cockerelli (Sulc.):- In fruits of Solanaceae (including Capsicum, tomato and eggplant).

– From the Caribbean, Australia, the Americas and New Zealand.

• Point 71. Official statement of status as a country or area free from Thrips palmi Karny (no option for a systems approach or post-harvest treatment):

– In fruits of Momordica L.

– From all third countries

Please note that fruits of Momordica L. are listed as high-risk plants for which a PRA is needed (EU) 2018/2019

• Point 72.1. Options that specify strict conditions to manage the fruit fly Bactrocera latifrons (Hendel) in:

– fruits of Capsicum L. and Solanum L.(including tomato and eggplant)

– Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Djibouti, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Réunion, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Sudan, Sudan, Tanzania, The Democratic Republic of Congo, Togo, Uganda, Zambia, Zimbabwe (plus other non-ACP countries)

• Point 72.2. Options that specify strict conditions to manage the fruit fly Bactrocera dorsalis (Hendel):

– In fruits of Annona L. and papaya (Carica papaya L.)

– From Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Réunion, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Sudan, Sudan, Tanzania, Democratic Republic of Congo, Togo, Uganda, Zambia, and Zimbabwe (plus other non-ACP countries)

• Point 72.3. Options that specify strict conditions to manage the fruit flies Bactrocera dorsalis (Hendel) and B. zonata (Saunders) in:

– fruits of guava (Psidium guajava L).

– (among others) Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Djibouti, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Réunion, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Sudan, Sudan, Tanzania, The Democratic Republic of the Congo, Togo, Uganda, Zambia, Zimbabwe (plus other non-ACP countries).

The following COLEACP guidelines will be available in the coming days to incorporate the main changes under Regulation (EU) 2021/2285:

– (New) Guidelines on the export of fresh guava, papaya, and Annona

– (Update) Guidelines on exporting fresh capsicum from the Caribbean

– (Update) Guidelines on the export of Capsicum from Africa, Madagascar, Cape Verde, and Mauritius

– (Update) Guidelines on exporting fresh eggplant and tomato from Africa, Madagascar, Cape Verde, and Mauritius

– (Update) Guidelines on exporting fresh citrus from Africa, Madagascar, Cape Verde and Mauritius

– (Update) Guidelines on the export of fresh mango to the European Union

These guides provide a clear explanation of what needs to be done in order to ensure that exported produce is in compliance with EU phytosanitary requirements. It details the information to be provided, and actions to be taken, at all stages from production to export by producers and exporters, as well as by the national authorities and inspection services.