Commission Implementing Regulation (EU) 2023/1310 of 27 June 2023 establishing a derogation from Implementing Regulation (EU) 2019/2072 concerning the introduction into the Union territory of naturally or artificially dwarfed plants for planting of Chamaecyparis Spach, Juniperus L. and certain species of Pinus L., originating in the Republic of Korea
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Article 1 Definitions
For the purposes of this Regulation, the following definitions apply: (1) ‘specified plants’ means naturally or artificially dwarfed plants for planting, originating in the Republic of Korea, of the following species: (a) Chamaecyparis sp. Spach; (b) Juniperus sp. L.; (c) Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr); (d) Pinus parviflora Sieb. & Zucc., grafted on a rootstock of another Pinus species, originating in the Republic of Korea; (2) ‘pest of concern’ means: (a) for all specified plants: any Union quarantine pest, protected zone quarantine pest or pest subject to the measures referred to in Article 30 of Regulation (EU) 2016/2031 which is not known to occur in the Union; (b) for Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr) plants, the pests referred to in point (a) and any of the following pests: (i) Coleosporium paederiae Dietel ex Hirats. f.; (ii) Crisicoccus pini (Kuwana); (iii) Dendrolimus spectabilis (Butler); (iv) Dendrolimus superans Butler; (v) Thecodiplosis japonensis Uchida & Inouye.
Article 2 Derogation from the prohibition to introduce the specified plants into the Union territory
1 By way of derogation from point 1 of Annex VI to Implementing Regulation (EU) 2019/2072, the introduction into the Union territory of the specified plants shall be allowed subject to compliance with the requirements set out in the Annex to this Regulation.
2 Paragraph 1 shall apply to the specified plants introduced into the Union territory in the following periods: (a) for Chamaecyparis: from 1 July 2023 to 31 December 2028; (b) for Juniperus: from 1 November to 31 March of each year until 31 December 2028; (c) for Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr) and Pinus parviflora Sieb. & Zucc., grafted on a rootstock of another Pinus species, originating in the Republic of Korea: from 1 July 2023 to 31 December 2028.
Article 3 Confirmed presence of a pest of concern during or following the post-entry detention period
Member States shall notify the Commission and the other Member States of any pest of concern, the presence of which has been confirmed during or following the post-entry detention period referred to in point 9 of the Annex. In such case, all specified plants originating from the nursery from which the infected/infested specified plant originated shall not be allowed to be introduced into the Union territory, until the renewal of nursery registration referred to in point 11 of the Annex.
Article 4 Entry into force and period of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply until 31 December 2028.
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