Address https://gelex.eu/eli/EU/regulation/2026/152@2026-01-22/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
   3. Article 3
3. ANNEX
4. ANNEX I
5. ANNEX II 1.2.3.
6. (a)
7. (b)

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, and in particular Article 42(4), third subparagraph, thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2018/2019 establishes, on the basis of a preliminary risk assessment, a list of high-risk plants, plant products and other objects.

(2) Following a preliminary assessment, 34 genera and one species of plants for planting originating from third countries were provisionally included in the list set out in the Annex to Implementing Regulation (EU) 2018/2019 as high-risk plants. That list includes the genus Berberis L.

(3) Commission Implementing Regulation (EU) 2020/1213 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 Annex to Implementing Regulation (EU) 2018/2019, but for which phytosanitary risks are not yet fully assessed. This is because one or more pests hosted by those plants are not yet included in the list of Union quarantine pests of Commission Implementing Regulation (EU) 2019/2072, but they may fulfil the conditions to be included in that list following a further complete risk assessment.

(4) On 20 October 2023, the United Kingdom submitted to the Commission a request for export to the Union of up to 3-year-old bare-rooted plants for planting of Berberis thunbergii, with a maximum diameter of 40 mm at the base of the stem, and up to 4-year-old rooted plants for planting of Berberis thunbergii in growing medium, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom (the relevant plants). That request was supported by the relevant technical dossiers.

(5) On 22 May 2025, the European Food Safety Authority (the Authority) adopted a scientific opinion regarding the risk assessment of the relevant plants. The Authority identified Bemisia tabaci (European populations), Phytophthora kernoviae and Phytophthora ramorum (non-EU isolates) as pests relevant for those plants, evaluated the risk mitigation measures described in the dossiers and estimated the likelihood of freedom of the relevant plants from those pests.

(6) Bemisia tabaci (European populations) is listed as a protected zone quarantine pest in Annex III to Implementing Regulation (EU) 2019/2072, while Phytophthora ramorum (non-EU isolates) is listed as a Union quarantine pest in Annex II to that Implementing Regulation.

(7) Phytophthora kernoviae is not yet included in the list of Union quarantine pests. A complete pest risk assessment needs to become available, to determine whether that pest is to be listed in Annex II to Implementing Regulation (EU) 2019/2072, and whether as a consequence the relevant plants, originating in the United Kingdom, together with the relevant specific requirements are to be listed in Annex VII to that Implementing Regulation.

(8) On the basis of the opinion of the Authority, the phytosanitary risk arising from the introduction into the Union territory of the relevant plants is considered to be reduced to an acceptable level, provided that appropriate measures are applied to address the risk of pests related to those plants. Consequently, up to 3-year-old bare-rooted plants for planting of Berberis thunbergii, with a maximum diameter of 40 mm at the base of the stem, and up to 4-year-old rooted plants for planting of Berberis thunbergii in growing media, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom, should no longer be considered high-risk plants. They should therefore be removed from the list of high-risk plants, plant products and other objects in the Annex to Implementing Regulation (EU) 2018/2019.

(9) Implementing Regulation (EU) 2018/2019 should therefore be amended accordingly.

(10) The measures described by the United Kingdom in the dossiers are considered sufficient to reduce to an acceptable level the risk arising from the introduction into the Union territory of the relevant plants. Those measures should therefore be adopted as phytosanitary import requirements to ensure the phytosanitary protection of the Union territory.

(11) Commission Implementing Regulation (EU) 2025/1088 amended Implementing Regulation (EU) 2018/2019 as regards certain plants for planting of Alnus cordata, Alnus glutinosa and Alnus incana originating in the United Kingdom and Implementing Regulation (EU) 2020/1213, as regards the phytosanitary measures for the introduction of those plants for planting into the Union territory.

(12) That amendment erroneously listed in the Annex to Implementing Regulation (EU) 2020/1213 Alnus Mill. other than up to 2-year-old graftwood of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 12 mm, originating in the United Kingdom and up to 7-year-old plants for planting of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom as plants subject to measures related to Phytophthora siskiyouensis.

(13) The wording in the amendment of the list should therefore be corrected to include in its scope only up to 2-year-old graftwood of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 12 mm, originating in the United Kingdom and up to 7-year-old plants for planting of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom, as plants subject to measures related to Phytophthora siskiyouensis, as these has been the subject of the relevant dossier submitted by the United Kingdom.

(14) In Implementing Regulation (EU) 2020/1213, the entry for Cornus alba and Cornus sanguinea originating in the United Kingdom was erroneously included before the entry for Alnus cordata, Alnus glutinosa and Alnus incana originating in the United Kingdom and is therefore not in the right alphabetical order. Therefore, the entry for Cornus alba and Cornus sanguinea originating in the United Kingdom should be moved after the entry for Alnus cordata, Alnus glutinosa and Alnus incana, originating in the United Kingdom.

(15) Implementing Regulation (EU) 2020/1213 should therefore be amended accordingly.

(16) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Implementing Regulation (EU) 2018/2019 is amended in accordance with Annex I to this Regulation.

Article 2

The Annex to Implementing Regulation (EU) 2020/1213 is amended in accordance with Annex II to this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 January 2026. For the Commission The President Ursula von der Leyen

ANNEX

(1) up to 3-year-old plants for planting of Berberis thunbergii in growing medium, with a maximum height of 40 cm, originating in Türkiye; (2) up to 3-year-old bare-rooted plants for planting of Berberis thunbergii, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom; (3) up to 4-year-old plants for planting of Berberis thunbergii in growing medium, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom. Anx. i. In the Annex to Implementing Regulation (EU) 2018/2019, in the table of point 1, in the second column Description, the entry Berberis L., other than up to three-year-old plants for planting of Berberis thunbergii in growing medium, with a maximum height of 40 cm, originating in Türkiye. is replaced by the following: Berberis L., other than:

ANNEX I

In the Annex to Implementing Regulation (EU) 2018/2019, in the table of point 1, in the second column Description, the entry Berberis L., other than up to three-year-old plants for planting of Berberis thunbergii in growing medium, with a maximum height of 40 cm, originating in Türkiye. is replaced by the following: Berberis L., other than: (1) up to 3-year-old plants for planting of Berberis thunbergii in growing medium, with a maximum height of 40 cm, originating in Türkiye; (2) up to 3-year-old bare-rooted plants for planting of Berberis thunbergii, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom; (3) up to 4-year-old plants for planting of Berberis thunbergii in growing medium, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom.

up to 3-year-old plants for planting of Berberis thunbergii in growing medium, with a maximum height of 40 cm, originating in Türkiye;

up to 3-year-old bare-rooted plants for planting of Berberis thunbergii, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom;

up to 4-year-old plants for planting of Berberis thunbergii in growing medium, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom.

(1) up to 2-year-old graftwood of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 12 mm, originating in the United Kingdom (2) up to 7-year-old plants for planting of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom (3) up to 2-year-old graftwood with a maximum diameter of 12 mm; (4) up to 7-year-old plants for planting with a maximum diameter of 40 mm at the base of the stem.. (5) up to two-year-old plants for planting with a maximum diameter of 10 mm at the base of the stem; (6) up to five-year-old plants for planting in growing medium, with a maximum diameter of 40 mm at the base of the stem; and (7) up to seven-year-old bare- rooted plants for planting with a maximum diameter of 40 mm at the base of the stem.. (8) up to 2-year-old graftwood with a maximum diameter of 12 mm; (9) up to 7-year-old plants for planting with a maximum diameter of 40 mm at the base of the stem. (10) up to 3-year-old bare-rooted plants for planting, with a maximum diameter of 40 mm at the base of the stem (11) up to 4-year-old plants for planting in growing medium with a maximum diameter of 40 mm at the base of the stem. (i) the plants are free from Phytophthora kernoviae; (ii) the site of production has been found free from Phytophthora kernoviae during official inspections carried out at appropriate times, since the beginning of the last growing season; (iii) a system has been put in place to ensure that tools and machinery have been cleaned to be free from soil and plant debris, and disinfected to be free from Phytophthora kernoviae, before they have been introduced into the site of production; and (iv) immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Phytophthora kernoviae with such a sample size as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; (a) Official statement that: (i) the following statement: The consignment complies with Commission Implementing Regulation (EU) 2020/1213; and (ii) the specification of the registered sites of production. (b) the phytosanitary certificates for those plants include under the heading Additional Declaration: (14) up to 2-year-old plants for planting with a maximum diameter of 10 mm at the base of the stem; (15) up to 5-year-old plants for planting in growing medium, with a maximum diameter of 40 mm at the base of the stem; and (16) up to 7-year-old bare-rooted plants for planting with a maximum diameter of 40 mm at the base of the stem. (i) the plants are free from Discula destructiva; (ii) the site of production has been found free from Discula destructiva during official inspections carried out at appropriate times, since the beginning of the last growing season; (iii) a system has been put in place to ensure that tools and machinery have been cleaned to be free from soil and plant debris, and disinfected to be free from Discula destructiva before they have been introduced into the site of production; and (iv) immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Discula destructiva including random sampling and testing; Pt_a_. 2. Official statement that: (i) the following statement: The consignment complies with Commission Implementing Regulation (EU) 2020/1213; and (ii) the specification of the registered sites of production. Pt_b_. 2. the phytosanitary certificates for those plants include under the heading Additional Declaration: Anx_ii. 1. In the table of the Annex to Implementing Regulation (EU) 2020/1213, in the first column, the following entry: Alnus Mill., other than: is replaced by: Alnus cordata, Alnus glutinosa and Alnus incana, In the table of the Annex to Implementing Regulation (EU) 2020/1213, the row of the following entry is deleted: Cornus alba and Cornus sanguinea, In the table of the Annex to Implementing Regulation (EU) 2020/1213, the following rows are inserted between the entry Alnus cordata, Alnus glutinosa and Alnus incana, and the entry Fagus sylvatica, up to fifteen-year-old plants for planting with a maximum diameter of 80 mm at the base of the stem.: Plants, plant products or other objects CN Code Third countries of origin Measures Berberis thunbergii, ex06029045 ex06029046 ex06029047 ex06029048 United Kingdom Cornus alba and Cornus sanguinea, ex06021090 ex06029045 ex06029046 ex06029048 United Kingdom

ANNEX II 1.2.3.

In the table of the Annex to Implementing Regulation (EU) 2020/1213, in the first column, the following entry: Alnus Mill., other than: is replaced by: Alnus cordata, Alnus glutinosa and Alnus incana, In the table of the Annex to Implementing Regulation (EU) 2020/1213, the row of the following entry is deleted: Cornus alba and Cornus sanguinea, In the table of the Annex to Implementing Regulation (EU) 2020/1213, the following rows are inserted between the entry Alnus cordata, Alnus glutinosa and Alnus incana, and the entry Fagus sylvatica, up to fifteen-year-old plants for planting with a maximum diameter of 80 mm at the base of the stem.: Plants, plant products or other objects CN Code Third countries of origin Measures Berberis thunbergii, ex06029045 ex06029046 ex06029047 ex06029048 United Kingdom Cornus alba and Cornus sanguinea, ex06021090 ex06029045 ex06029046 ex06029048 United Kingdom (1) up to 2-year-old graftwood of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 12 mm, originating in the United Kingdom (2) up to 7-year-old plants for planting of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom (3) up to 2-year-old graftwood with a maximum diameter of 12 mm; (4) up to 7-year-old plants for planting with a maximum diameter of 40 mm at the base of the stem.. (5) up to two-year-old plants for planting with a maximum diameter of 10 mm at the base of the stem; (6) up to five-year-old plants for planting in growing medium, with a maximum diameter of 40 mm at the base of the stem; and (7) up to seven-year-old bare- rooted plants for planting with a maximum diameter of 40 mm at the base of the stem.. (8) up to 2-year-old graftwood with a maximum diameter of 12 mm; (9) up to 7-year-old plants for planting with a maximum diameter of 40 mm at the base of the stem. (10) up to 3-year-old bare-rooted plants for planting, with a maximum diameter of 40 mm at the base of the stem (11) up to 4-year-old plants for planting in growing medium with a maximum diameter of 40 mm at the base of the stem. (i) the plants are free from Phytophthora kernoviae; (ii) the site of production has been found free from Phytophthora kernoviae during official inspections carried out at appropriate times, since the beginning of the last growing season; (iii) a system has been put in place to ensure that tools and machinery have been cleaned to be free from soil and plant debris, and disinfected to be free from Phytophthora kernoviae, before they have been introduced into the site of production; and (iv) immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Phytophthora kernoviae with such a sample size as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; (a) Official statement that: (i) the following statement: The consignment complies with Commission Implementing Regulation (EU) 2020/1213; and (ii) the specification of the registered sites of production. (b) the phytosanitary certificates for those plants include under the heading Additional Declaration: (14) up to 2-year-old plants for planting with a maximum diameter of 10 mm at the base of the stem; (15) up to 5-year-old plants for planting in growing medium, with a maximum diameter of 40 mm at the base of the stem; and (16) up to 7-year-old bare-rooted plants for planting with a maximum diameter of 40 mm at the base of the stem. (i) the plants are free from Discula destructiva; (ii) the site of production has been found free from Discula destructiva during official inspections carried out at appropriate times, since the beginning of the last growing season; (iii) a system has been put in place to ensure that tools and machinery have been cleaned to be free from soil and plant debris, and disinfected to be free from Discula destructiva before they have been introduced into the site of production; and (iv) immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Discula destructiva including random sampling and testing; Pt_a_. 2. Official statement that: (i) the following statement: The consignment complies with Commission Implementing Regulation (EU) 2020/1213; and (ii) the specification of the registered sites of production. Pt_b_. 2. the phytosanitary certificates for those plants include under the heading Additional Declaration:

up to 2-year-old graftwood of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 12 mm, originating in the United Kingdom

up to 7-year-old plants for planting of Alnus cordata, Alnus glutinosa and Alnus incana, with a maximum diameter of 40 mm at the base of the stem, originating in the United Kingdom

up to 2-year-old graftwood with a maximum diameter of 12 mm;

up to 7-year-old plants for planting with a maximum diameter of 40 mm at the base of the stem..

up to two-year-old plants for planting with a maximum diameter of 10 mm at the base of the stem;

up to five-year-old plants for planting in growing medium, with a maximum diameter of 40 mm at the base of the stem; and

up to seven-year-old bare- rooted plants for planting with a maximum diameter of 40 mm at the base of the stem..

up to 2-year-old graftwood with a maximum diameter of 12 mm;

up to 7-year-old plants for planting with a maximum diameter of 40 mm at the base of the stem.

up to 3-year-old bare-rooted plants for planting, with a maximum diameter of 40 mm at the base of the stem

up to 4-year-old plants for planting in growing medium with a maximum diameter of 40 mm at the base of the stem.

(a) Official statement that: (i) the plants are free from Phytophthora kernoviae; (ii) the site of production has been found free from Phytophthora kernoviae during official inspections carried out at appropriate times, since the beginning of the last growing season; (iii) a system has been put in place to ensure that tools and machinery have been cleaned to be free from soil and plant debris, and disinfected to be free from Phytophthora kernoviae, before they have been introduced into the site of production; and (iv) immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Phytophthora kernoviae with such a sample size as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %;

(a)

(i) the plants are free from Phytophthora kernoviae;

(ii) the site of production has been found free from Phytophthora kernoviae during official inspections carried out at appropriate times, since the beginning of the last growing season;

(iii) a system has been put in place to ensure that tools and machinery have been cleaned to be free from soil and plant debris, and disinfected to be free from Phytophthora kernoviae, before they have been introduced into the site of production; and

(iv) immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Phytophthora kernoviae with such a sample size as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %;

(b) the phytosanitary certificates for those plants include under the heading Additional Declaration: (i) the following statement: The consignment complies with Commission Implementing Regulation (EU) 2020/1213; and (ii) the specification of the registered sites of production.

(b)

(i) the following statement: The consignment complies with Commission Implementing Regulation (EU) 2020/1213; and

(ii) the specification of the registered sites of production.

up to 2-year-old plants for planting with a maximum diameter of 10 mm at the base of the stem;

up to 5-year-old plants for planting in growing medium, with a maximum diameter of 40 mm at the base of the stem; and

up to 7-year-old bare-rooted plants for planting with a maximum diameter of 40 mm at the base of the stem.

(a) Official statement that: (i) the plants are free from Discula destructiva; (ii) the site of production has been found free from Discula destructiva during official inspections carried out at appropriate times, since the beginning of the last growing season; (iii) a system has been put in place to ensure that tools and machinery have been cleaned to be free from soil and plant debris, and disinfected to be free from Discula destructiva before they have been introduced into the site of production; and (iv) immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Discula destructiva including random sampling and testing;

(a)

(i) the plants are free from Discula destructiva;

(ii) the site of production has been found free from Discula destructiva during official inspections carried out at appropriate times, since the beginning of the last growing season;

(iii) a system has been put in place to ensure that tools and machinery have been cleaned to be free from soil and plant debris, and disinfected to be free from Discula destructiva before they have been introduced into the site of production; and

(iv) immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Discula destructiva including random sampling and testing;

(b) the phytosanitary certificates for those plants include under the heading Additional Declaration: (i) the following statement: The consignment complies with Commission Implementing Regulation (EU) 2020/1213; and (ii) the specification of the registered sites of production.

(b)

(i) the following statement: The consignment complies with Commission Implementing Regulation (EU) 2020/1213; and

(ii) the specification of the registered sites of production.

Versions

1. 2026-01-22