Address https://gelex.eu/eli/EU/decision/2014/237@2014-04-24/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
   3. Article 3

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, and in particular the third sentence of Article 16(3), thereof,

Whereas:

(1) Plant health checks carried out by Member States on consignments of certain plants and plant products of Indian origin revealed a high number of interceptions due to the presence of harmful organisms mainly Tephritidae (non-European), Thrips palmi Karny or Bemisia tabaci Genn. The number of consignments from India intercepted with harmful organisms in the Union has shown an upward trend since 2010. Most of the interceptions concern plants other than seeds and roots of Colocasia Schott and plants other than seeds of Mangifera L., Momordica L., Solanum melongena L. and Trichosanthes L. (hereinafter the specified commodities).

(2) Audits carried out by the Commission in India, in particular in 2010 and 2013, revealed shortcomings in the phytosanitary export certification system. Despite assurances and action taken by India, the number of interceptions increased further in 2013.

(3) In the light of the outcome of those audits and the number of interceptions, it has been concluded that the current phytosanitary safeguards of India are insufficient to ensure that consignments are free from harmful organisms or to address the risk of introduction of harmful organisms into the Union through the import of the specified commodities.

(4) Measures should be taken to address the risk posed by the import into the Union of the specified commodities originating in India. Consequently, the introduction into the Union of the specified commodities originating in India should be prohibited.

(5) The measures should remain in place until 31 December 2015 in order to address the ongoing risk of introduction, while allowing India to upgrade its certification system.

(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

The introduction into the territory of the Union of plants other than seeds and roots of Colocasia Schott and plants other than seeds of Mangifera L., Momordica L., Solanum melongena L. and Trichosanthes L., originating in India shall be prohibited.

Article 2

This Decision shall expire on 31 December 2015.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 24 April 2014. For the Commission Tonio Borg Member of the Commission

Versions

1. 2014-04-24

Cited by

• Commission Implementing Decision (EU) 2015/237 of 12 February 2015 amending Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India (notified under document C(2015) 662) Decision · Grade B

  In light of shortcomings identified by audits carried out by the Commission in India in 2010 and 2013, and the high number of interceptions of harmful organisms on certain plants and plant products of Indian origin at that time, the import of five commodities, which were most frequently intercepted because of the presence of harmful organisms, including plants other than seeds of Mangifera L., was prohibited by Commission Implementing Decision 2014/237/EU.

• Commission Implementing Decision (EU) 2015/237 of 12 February 2015 amending Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India (notified under document C(2015) 662) Decision · Grade B

  Therefore Implementing Decision 2014/237/EU should be amended accordingly to allow the introduction into the Union territory of plants of Mangifera L. other than seeds from India.

• Commission Implementing Decision (EU) 2015/237 of 12 February 2015 amending Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India (notified under document C(2015) 662) Decision · Grade B

  Implementing Decision 2014/237/EU is amended as follows:

• Commission Implementing Decision (EU) 2015/2434 of 18 December 2015 amending Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India (notified under document C(2015) 9178) Decision · Grade B

  Commission Implementing Decision 2014/237/EU prohibits the import from India of plants other than seeds and roots of Colocasia Schott, plants other than seeds of Momordica L., Solanum melongena L. and Trichosanthes L. Furthermore, for the import of plants of Mangifera L. other than seeds, Implementing Decision 2014/237/EU requires that appropriate measures are taken by Indian authorities to ensure that consignments are free from harmful organisms.

• Commission Implementing Decision (EU) 2015/2434 of 18 December 2015 amending Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India (notified under document C(2015) 9178) Decision · Grade B

  Implementing Decision 2014/237/EU is limited in time. In light of the number of interceptions of harmful organisms on a wide range of plants and plant products of Indian origin, the Commission concludes that further improvements of the Indian phytosanitary certification system are needed. Consequently, it is appropriate to extend the validity of Implementing Decision 2014/237/EU until 31 December 2016.

• Commission Implementing Decision (EU) 2015/2434 of 18 December 2015 amending Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India (notified under document C(2015) 9178) Decision · Grade B

  Implementing Decision 2014/237/EU should therefore be amended accordingly.

• Commission Implementing Decision (EU) 2015/2434 of 18 December 2015 amending Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India (notified under document C(2015) 9178) Decision · Grade B

  Article 2 of Implementing Decision 2014/237/EU is replaced by the following:

• Council Decision (EU) 2016/877 of 23 May 2016 on the position to be adopted, on behalf of the European Union, within the Sanitary and Phytosanitary Subcommittee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part Decision · Grade B

  In accordance with Article 181(4) of this Agreement, the Republic of Moldova shall approximate its legislation to the following Union legislation within the timeframes as listed below. Union legislation Deadline for approximation Section 1 — General Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, with the exception of Articles 58, 59 and 62 2016 Commission Regulation (EC) No 1304/2003