Question to the Department for Environment, Food and Rural Affairs:

To ask Her Majesty's Government what steps they are taking to speed up the consideration by the European Commission of a dossier which has been prepared by the Animal and Plant Health Agency on the safety of Ligustrum delavayanum.

The UK has not been listed for export of all of the genera of plants/trees covered by the EU High Risk Plants legislation (Regulation 2018/2019). This has meant that since 1January 2021 these genera, which include Ligustrum, are subject to prohibitions pending individual risk assessments conducted by the European Food Safety Authority (EFSA).

The UK made a case in February 2020 that a number of otherwise prohibited items, including the tree and shrub species regarded as High Risk Plants, should be recognized and exempt from such a prohibition through EU legislation, so as to allow imports to continue. This case was rejected by the Commission in late 2020.

The rejection of this request means that we are required to use the same process for seeking listing which is followed by all non-EU countries. The listing process involves submitting technical dossiers to EFSA for individual species within each of the prohibited genera. Defra has been working closely with trade associations and individual businesses on priorities for such dossiers, including certain Ligustrum species.

Once a dossier has been accepted by EFSA and their review commences, based on experience to date, it is likely to take in excess of 18 months for the EU commission to introduce new import conditions in legislation. There is no guarantee that the outcome of a review will be that trade can commence and only a small number of submissions made by third countries have resulted in new import conditions since the initiation of this process in 2019.

In June 2021, in an attempt to speed up the listing process, we sought agreement from the EU Commission for a more streamlined approach be applied to the assessment of dossiers submitted by the UK to EFSA. This request was rejected and EFSA confirmed that requests from the UK will need to follow the same process which applies to other non-EU countries.

Defra and Fera Science Ltd. have worked with the trade to develop a dossier for Ligustrum delavayanum and this was submitted to EFSA on 03/12/21. EFSA acknowledged receipt of the dossier in April 2022 but requested further information be provided. We believe the request for additional information goes beyond EFSA’s own guidelines and their approach to applications from other countries and we are challenging their request on the basis of fairness and proportionality.

Unfortunately, now that the dossier is with EFSA we have no control over how long it will take them to consider it and we are therefore unable to give an indication of when the EU commission will make a final decision on this application. However, we will continue to press them and to seek regular updates on progress.