Protection against plant pests

SUMMARY OF:

Regulation (EU) 2016/2031 on protective measures against pests of plants

WHAT IS THE AIM OF THE REGULATION?

It aims to help fight plant pests and diseases, as part of the plant health rules, with more effective measures to protect the European Union (EU) and its plants, ensuring safe trade and mitigating the impact of climate change, including:

better protection of landscapes, forests and other green spaces, and reducing the need for pesticides;
simpler and more transparent documentation for growers and farmers, and better protection for crops;
financial support for surveillance, eradication and containment.

KEY POINTS

The regulation amends Regulations (EU) No 228/2013 (farmers in outermost regions – EU support), (EU) No 652/2014 (EU spending on information about food and animal feed) and (EU) No 1143/2014 (protecting biodiversity from invasive alien species). It should be noted that Regulation (EU) No 652/2014 was subsequently repealed and replaced by Regulation (EU) 2021/690 (single market programme).
Plant health is threatened by species that are injurious to plants and plant products, which present a greater risk of being introduced into the EU owing to the globalisation of trade and climate change. The regulation establishes action to determine the risks posed by these pests, and to reduce the risks to an acceptable level through phytosanitary measures*.

Quarantine pests

Criteria are set out to identify quarantine pests, which must be prevented from being introduced into and must not be allowed to spread through the EU.
Protected zone quarantine pests are those for which control is needed in only parts of the EU. A delegated act adopted by the European Commission, Delegated Regulation (EU) 2022/2404, supplements Regulation (EU) 2016/2031 by laying down detailed rules for:
- surveys for the establishment of a new protected zone; and
- the preparation and the content of annual surveys.

Priority pests

Priority pests are those whose potential economic, environmental or social impact is the most severe for the EU. Special rules apply to priority pests, including, in particular, better public information, surveys, contingency plans, simulation exercises, action plans for eradication and co-financing of EU action.
Each EU Member State draws up a plan for each priority pest capable of entering into and becoming established in its territory, with information on the decision-making processes, procedures and protocols to be followed. Contingency plans are shared with the Commission, other Member States and relevant professionals through the internet. Simulation exercises are carried out depending on the level of risk posed.
Delegated Regulation (EU) 2019/1702 establishes the list of priority pests.

Plant passports and phytosanitary certificates

The regulation establishes a system for the introduction and movement within the EU of plants and plant products and other material likely to be infected by harmful organisms (such as soil or other growing media) and to pose an unacceptable phytosanitary risk. The rules extend, simplify and harmonise the existing plant passport scheme, which is needed for all movements between professional operators inside the EU. They also require relevant professional operators to be registered to guarantee easier controls and better traceability.
Phytosanitary certificates, which confirm conformity with EU legislation, are required for an extended range of plants, plant products or other material susceptible to infection.
A pre-export certificate is issued to ensure the exchange of information between Member States where a plant, plant product or other object is moved through more than one Member State before it is exported outside the EU.

Imports

The regulation seeks to prevent pests being introduced into the EU. It provides risk-based and preventive measures to protect the EU from pests that a plant, plant product or other object originating outside the EU might introduce, based on a preliminary assessment of the risk.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 14 December 2019.

BACKGROUND

KEY TERMS

Phytosanitary measure. Official measure having the purpose to prevent the introduction or spread of quarantine pests or to limit the economic impact of regulated non-quarantine pests.

MAIN DOCUMENT

Regulation (EU) 2016/2031 of the European Parliament 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 (OJ L 317, 23.11.2016, pp. 4–104).

Successive amendments to Regulation (EU) 2016/2031 have been incorporated into the original text. This consolidated version is of documentary value only.