Commission Implementing Regulation (EU) 2025/1082 of 2 June 2025 establishing a derogation from Implementing Regulation (EU) 2019/2072 concerning the introduction into the Union territory of unrooted cuttings for planting of Calibrachoa spp., Petunia spp. and their hybrids from Kenya

For the purposes of this Regulation, the following definitions apply: (1) ‘specified pests’ means Aleurodicus disperses Russell, Bemisia tabaci Genn. (non-European population), Cowpea mild mottle virus, Liriomyza huidobrensis (Blanchard), Liriomyza sativae Blanchard, Liriomyza trifolii (Burgess), Nipaecoccus viridis (Newstead), Pepper veinal mottle virus, Potato leafroll virus, Ralstonia pseudosolanacearum Safni et al., Ralstonia solanacearum (Smith) Yabuuchi et al. Emend. Safni et al., Scirtothrips dorsalis Hood, Tetranychus neocaledonicus André, Tomato mild mottle virus and Tomato yellow ring virus; (2) ‘specified plants’ means unrooted cuttings intended for planting of Calibrachoa spp. and Petunia spp. and their hybrids, grown in Kenya and derived in direct line from mother plants imported from the Union.

By way of derogation from point 18 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 Article 3 of this Regulation.

1 The specified plants may be introduced into the Union only if all of the following requirements are fulfilled: (a) prior to the start of trade, the National Plant Protection Organisation (NPPO) of Kenya has communicated in writing to the Commission the list of measures intended to ensure the fulfilment of the requirements set out in point 1 of Annex I; (b) the NPPO of Kenya submits to the Commission, by 31 December of each year, the list of production sites, with their respective traceability codes, that are approved for export of the specified plants to the Union the following calendar year, and immediately communicates any amendment to that list; (c) the NPPO of Kenya submits to the Commission, by 31 March of each year, an annual report on the activities carried out the previous calendar year, containing all the elements set out in point 2 of Annex I.

2 In order for the specified plants to be introduced into the Union territory, the importing professional operator shall present a document issued by the competent authority confirming that the professional operator receiving the specified plants fulfils the requirements set out in paragraph 3.

3 Once introduced into the Union, the specified plants may only be moved to: (a) the premises of professional operators that, pursuant to Article 89(1) of Regulation (EU) 2016/2031, are specifically authorised to issue plant passports for plants rooted or grown from the specified plants; or (b) the premises of the professional operators for whom the competent authorities issue the plant passports for the specified plants. Prior to receiving the specified plants, the professional operators referred to in the first subparagraph shall inform the competent authorities of the expected date of arrival of those plants and shall keep the traceability code referred to in point 1(c) (iii) of Annex I.

4 Plants that are directly rooted or grown from the specified plants shall be kept separated from any other plant susceptible to the specified pests. They shall be subjected to official inspections at least once before they are moved for the first time out of the premises of the professional operator concerned and as close as possible to the time of their movement. Those inspections shall include, in case of suspicion of infection, sampling and molecular testing for Cowpea mild mottle virus, Pepper veinal mottle virus, Potato leafroll virus, Tomato mild mottle virus and Tomato yellow ring virus. In case of findings of specified pests on plants rooted or grown from the specified plants, at least all the plants rooted or grown from the same lot of specified plants shall be immediately destroyed, and if appropriate, the respective premises shall be cleaned and disinfected.

5 Member States shall immediately notify the Commission and the other Member States of any finding of the presence of a specified pest on the specified plants, or on plants rooted or grown from the specified plants. The Commission shall immediately inform the NPPO of Kenya thereof. Where the NPPO of Kenya is informed of the presence of a specified pest on specified plants or on plants rooted or grown from the specified plants, the production site where those plants originate from shall no longer be approved to export to the Union and the NPPO of Kenya shall remove immediately that production site from the list of approved production sites referred to in paragraph 1, point (b), until it has been demonstrated that pest freedom has been restored.

Annex VI to Implementing Regulation (EU) 2019/2072 is amended as set out in Annex II to this Regulation.

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 30 April 2028.