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Document 02016R2031-20250105
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
Consolidated text: 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
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
This consolidated text may not include the following amendments:
| Amending act | Amendment type | Subdivision concerned | Date of effect |
|---|---|---|---|
| 32024R3115 | Modified by | article 71 paragraph 2 | 06/07/2026 |
02016R2031 — EN — 05.01.2025 — 002.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EU) 2016/2031 OF THE EUROPEAN PARLIAMENT OF THE COUNCIL of 26 October 2016 (OJ L 317 23.11.2016, p. 4) |
Amended by:
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Official Journal |
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date |
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REGULATION (EU) 2017/625 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2017 |
L 95 |
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7.4.2017 |
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REGULATION (EU) 2024/3115 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 November 2024 |
L 3115 |
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16.12.2024 |
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Corrected by:
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
CHAPTER I
Subject matter, scope and definitions
Article 1
Subject matter and scope
For the purposes of this Regulation, references to the Union territory shall be read as references to the Union territory without Ceuta, Melilla and the territories that are referred to in Article 355(1) TFEU, other than Madeira and the Azores.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
‘plants’ means living plants and the following living parts of plants:
seeds, in the botanical sense, other than those not intended for planting;
fruits, in the botanical sense;
vegetables;
tubers, corms, bulbs, rhizomes, roots, rootstocks, stolons;
shoots, stems, runners;
cut flowers;
branches with or without foliage;
cut trees retaining foliage;
leaves, foliage;
plant tissue cultures, including cell cultures, germplasm, meristems, chimaeric clones, micro-propagated material;
live pollen and spores;
buds, budwood, cuttings, scions, grafts;
‘plant products’ means unmanufactured material of plant origin and those manufactured products that, by their nature or that of their processing, may create a risk of the spread of quarantine pests.
Except where otherwise provided in the implementing acts adopted pursuant to Articles 28, 30 and 41, wood shall only be considered as a plant product if it fulfils one or more of the following criteria:
it retains all or part of its natural round surface, with or without bark;
it has not retained its natural round surface due to sawing, cutting or cleaving;
it is in the form of chips, particles, sawdust, wood waste, shavings or scrap, and has not undergone processing involving the use of glue, heat or pressure or a combination thereof to produce pellet, briquettes, plywood or particle board;
it is, or is intended to be, used as packaging material, whether or not it is actually in use for transport of goods;
‘planting’ means any operation for the placing of plants in a growing medium, or by grafting or similar operations, to ensure their subsequent growth, reproduction or propagation;
‘plants for planting’ means plants intended to remain planted, to be planted or to be replanted;
‘other object’ means any material or object, other than plants or plant products, capable of harbouring or spreading pests, including soil or growing medium;
‘lot’ means a number of units of a single commodity, identifiable by its homogeneity of composition, origin and other relevant elements, forming part of a consignment;
‘trade unit’ means the smallest commercial or other useable unit applicable to the marketing stage concerned, which may be the subset or the whole of a lot;
‘professional operator’ means any person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects:
planting;
breeding;
production, including growing, multiplying and maintaining;
introduction into, and movement within and out of, the Union territory;
making available on the market;
storage, collection, dispatching and processing;
‘registered operator’ means a professional operator registered in accordance with Article 65;
‘authorised operator’ means a registered operator authorised by the competent authority to issue plant passports in accordance with Article 89, to apply a mark in accordance with Article 98, or to issue attestations in accordance with Article 99;
‘final user’ means any person acting for purposes which are outside that person's trade, business or profession who acquires plants or plant products for personal use;
‘test’ means an official examination, other than visual, to determine if pests are present or to identify pests;
‘treatment’ means a procedure, whether official or non-official, for the killing, inactivation or removal of pests, or for rendering those pests infertile, or for the devitalisation of plants or plant products;
‘incidence’ means the proportion or number of units in which a pest is present in a sample, consignment, field or other defined population;
‘establishment’ means the perpetuation, for the foreseeable future, of a pest within an area after entry;
‘eradication’ means the application of phytosanitary measures to eliminate a pest from an area;
‘containment’ means the application of phytosanitary measures in and around an infested area to prevent the spread of a pest;
‘quarantine station’ means any official station for holding pests, plants, plant products or other objects in quarantine;
‘confinement facility’ means any facility, other than quarantine stations, where pests, plants, plant products or other objects are kept under confinement conditions;
‘traceability code’ means a letter, numerical or alphanumerical code that identifies a consignment, lot or trade unit, used for traceability purposes, including codes referring to a lot, batch, series, date of production or professional operator documents;
‘phytosanitary measure’ means any 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.
CHAPTER II
Quarantine pests
Article 3
Definition of quarantine pests
A pest is a ‘quarantine pest’, with respect to a defined territory, if it fulfils all of the following conditions:
its identity is established, within the meaning of point (1) of Section 1 of Annex I;
it is not present in the territory, within the meaning of point (2)(a) of Section 1 of Annex I, or, if present, is not widely distributed within that territory, within the meaning of points (2)(b) and (c) of Section 1 of Annex I;
it is capable of entering into, becoming established in and spreading within the territory, or, if present in the territory, but not widely distributed, is capable of entering into, becoming established in and spreading within those parts of that territory where it is absent, within the meaning of point (3) of Section 1 of Annex I;
its entry, establishment and spread would, within the meaning of point (4) of Section 1 of Annex I, have an unacceptable economic, environmental or social impact on that territory, or, if present but not widely distributed, for those parts of the territory where it is absent; and
feasible and effective measures are available to prevent the entry into, establishment in or spread of that pest within, that territory and to mitigate the risks and impact thereof.
Article 4
Definition of Union quarantine pests
A quarantine pest is a ‘Union quarantine pest’ if the defined territory referred to in the introductory part of Article 3 is the Union territory and if it is included in the list referred to in Article 5(2).
Article 5
Prohibition of introduction, movement, holding, multiplication or release of Union quarantine pests
The list of Union quarantine pests shall include the pests listed in Part A of Annex I to Directive 2000/29/EC and Section I of Part A of Annex II to that Directive.
Pests which are indigenous to, or established in, any part of the Union territory whether naturally or due to their introduction from outside the Union territory, shall be marked in the list of Union quarantine pests as pests known to occur in the Union territory.
Pests which are not indigenous to, or established in, any part of the Union territory shall be marked in the list of Union quarantine pests as pests not known to occur in the Union territory.
The Commission shall make that assessment available to the Member States.
The Commission may, by means of implementing acts, replace the implementing act referred to in paragraph 2 of this Article for the purpose of consolidating amendments.
Article 6
Priority pests
Union quarantine pests are ‘priority pests’ if they fulfil all of the following conditions:
they fulfil, as regards the Union territory, one or more of the conditions set out in point (2) of Section 1 of Annex I;
their potential economic, environmental or social impact is the most severe in respect of the Union territory as set out in Section 2 of Annex I;
they are listed in accordance with paragraph 2 of this Article.
Where the results of an assessment show that a Union quarantine pest fulfils the conditions referred to in paragraph 1 of this Article, or that a pest no longer fulfils one or more of those conditions, the Commission is empowered to adopt delegated acts in accordance with Article 105 amending the list referred to in the first subparagraph accordingly by adding the pest concerned to, or removing it from, that list.
The Commission shall make that assessment available to the Member States without delay.
Where, in the case of a serious pest risk, imperative grounds of urgency so require, the procedure provided for in Article 106 shall apply to delegated acts adopted pursuant to this Article.
Article 7
Amendment of Section 1 of Annex I
The Commission is empowered to adopt delegated acts in accordance with Article 105 amending Section 1 of Annex I in order to adapt it to the development of scientific and technical knowledge and of relevant international standards.
Article 8
Union quarantine pests used for official testing, scientific or educational purposes, trials, varietal selections or breeding
An authorisation shall be granted for the activity concerned only if adequate restrictions are imposed to ensure that the introduction, movement, holding, multiplication or use of the pest concerned does not result in its establishment or spread within the Union territory, taking into account the identity, biology and means of dispersal of the pest, the activity envisaged, the interaction with the environment and other relevant factors relating to the risk posed by that pest.
Authorisations granted pursuant to paragraph 1 shall include all of the following conditions:
the pest is to be kept in a location and under conditions which:
the competent authorities consider to be appropriate; and
are referred to in the authorisation;
the activity involving the pest is to be carried out in a quarantine station or a confinement facility designated by the competent authority in accordance with Article 60 and referred to in the authorisation;
the activity involving the pest is to be carried out by personnel:
whose scientific and technical competence is considered to be appropriate by the competent authority; and
who are referred to in the authorisation;
the pest is to be accompanied by the authorisation when introduced into, moved within, or held or multiplied in, the Union territory.
Authorisations shall include the restrictions necessary to adequately eliminate the risk of establishment and spread of the respective Union quarantine pest or pest subject to the measures adopted pursuant to Article 30(1).
The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing this Regulation by laying down detailed rules concerning:
the exchange of information between Member States and the Commission concerning the introduction into, movement within, and holding, multiplication and use in, the Union territory of the pests concerned;
the procedure and conditions for granting the authorisation referred to in paragraph 1; and
the monitoring of compliance and the actions to be taken in the event of non-compliance, as referred to in paragraph 4.
Article 9
Notification of an imminent danger
Paragraph 1 shall also apply to a pest that is not included in the list of Union quarantine pests, where:
the pest is subject to the measures adopted pursuant to Article 30(1); or
the Member State concerned considers that the pest may fulfil the conditions for inclusion in the list of Union quarantine pests.
Article 10
Official confirmation by the competent authorities of the presence of a Union quarantine pest
Where a competent authority suspects, or has received evidence concerning, the presence of a Union quarantine pest, or a pest subject to measures adopted pursuant to Article 30(1), in a part of the territory of the respective Member State where that pest was previously not known to be present, or in a consignment of plants, plant products or other objects introduced into, intended to be introduced into, or moved within the Union territory, it shall immediately take any measures necessary to confirm on the basis of a diagnosis of an official laboratory as referred to in Article 37 of Regulation ►C1 (EU) 2017/625 ◄ (‘to officially confirm’), whether that pest is present or not.
Pending the official confirmation of the presence of that pest, the Member States concerned shall, where applicable, take phytosanitary measures to eliminate the risk of spread of that pest.
The suspicion or evidence referred to in the first paragraph of this Article may be based on any information received pursuant to Articles 14 and 15, or from any other source.
Article 11
Notification of Union quarantine pests by the Member States to the Commission and the other Member States
A Member State shall notify the Commission and the other Member States where its competent authority officially confirms any of the following situations:
the presence in its territory of a Union quarantine pest not known to be present there;
the presence of a Union quarantine pest in a part of its territory where it was previously not present;
the presence in its territory of a Union quarantine pest in a consignment of plants, plant products or other objects introduced into, intended to be introduced into, or moved within, the Union territory.
Notifications under the first paragraph shall be made by the single authority, as referred to in Article 4(2) of Regulation ►C1 (EU) 2017/625 ◄ , of the Member State concerned and through the electronic notification system referred to in Article 103.
Article 12
Information on Union quarantine pests to be provided to professional operators by the competent authorities
That list may be part of the electronic system referred to in Article 103.
Article 13
Information on priority pests to be provided to the public by the competent authorities
Where one of the situations referred to in points (a) and (b) of the first paragraph of Article 11 is officially confirmed as regards a priority pest, the competent authority shall inform the public about the measures it has taken or intends to take and about any measures to be taken by relevant categories of professional operators or other persons.
Article 14
Measures to be taken immediately by professional operators
Where those plants, plant products or other objects have left the control of the professional operator, the professional operator shall, unless otherwise instructed by the competent authority, immediately:
inform the persons in the trade chain to whom those plants, plant products and other objects have been supplied of the presence of the pest;
provide those persons with guidelines on the necessary measures to be taken during shipment of the respective plants, plant products and other objects to reduce the risk of spread or escape of the pests concerned; and
recall those plants, plant products or other objects.
Article 15
Measures to be taken by persons other than professional operators
Article 16
Derogations to notification obligations
The notification obligations referred to in Articles 14 and 15 shall not apply where:
a Union quarantine pest is found to be present in the infested zone of a demarcated area established for the containment of that pest, as referred to in Article 18(2);
a Union quarantine pest is found to be present in the infested zone of a demarcated area and subject to eradication measures requiring eight years or more, during the period of those first eight years.
Article 17
Eradication of Union quarantine pests
That obligation to eradicate shall not apply where an implementing act concerning that pest, adopted pursuant to Article 28(2), provides otherwise.
Article 18
Establishment of demarcated areas
The demarcated area shall consist of an infested zone and a buffer zone.
The infested zone shall, as applicable, contain:
all plants known to be infested by the pest concerned;
all plants showing signs or symptoms indicating possible infestation by that pest;
all other plants liable to have been or become contaminated or infested by that pest, including plants liable to be infested due to their susceptibility to that pest and their close proximity to infested plants or common source of production, if known, with infested plants, or plants grown from them;
land, soil, water courses or other elements infested, or liable to be infested, by the pest concerned.
Its extent shall be appropriate in view of the risk of the pest concerned spreading out of the infested zone naturally or by human activities in the infested zone and its surroundings, and shall be decided in accordance with the principles set out in Section 2 of Annex II.
However, where any risk of the pest spreading out of the infested zone is eliminated or reduced to an acceptable level through natural or artificial barriers, no buffer zone shall be required to be established.
In that case, it shall carry out a survey to determine whether any further plants or plant products have been infested. On the basis of that survey, the competent authority shall determine whether there is a need to establish a demarcated area.
This paragraph shall apply without prejudice to any obligation to notify demarcated areas laid down in the implementing acts referred to in Article 104.
Article 19
Surveys and modifications of demarcated areas and lifting of restrictions
Those surveys shall be carried out in accordance with Article 22(2).
Competent authorities may abolish a demarcated area and terminate the respective eradication measures where the pest-free status of that area has been verified. This will be the case where the following two conditions are fulfilled:
the survey referred to in paragraph 1 shows that the area has been found to be free from the pest concerned; and
the pest concerned has not been found to be present in that demarcated area for a sufficiently long period.
When deciding on the modifications referred to in paragraph 3 or the abolition of the demarcated area referred to in paragraph 4, the competent authority concerned shall take into account at least the following factors:
the biology of the pest and the vector concerned;
the presence of host plants;
the ecoclimatic conditions; and
the likelihood of the eradication measures having been successful.
By way of derogation from paragraph 1 of this Article, annual surveys shall not be required to be carried out in the infested zone of demarcated areas established for:
pests subject to eradication measures requiring eight years or more;
pests subject to the containment measures referred to in Article 28(2).
Article 19a
Union Plant Health Emergency Team
For each case of assistance, the Commission shall appoint specific members of the Team, on the basis of their expertise, and in consultation with the Member State or third country concerned.
That assistance may include in particular:
scientific, technical and managerial on-the-spot or remote assistance as regards the eradication of the pests concerned, the prevention of their spread and other measures, in close collaboration with the competent authorities of the Member State or third country concerned by outbreaks of pests or suspicion thereof;
specific scientific advice on the suitable diagnostic methods, as appropriate, in coordination with the relevant European Union reference laboratory referred to in Article 94 of Regulation (EU) 2017/625 and other reference laboratories;
specific assistance, as appropriate, to support coordination among the competent authorities of the Member States or third countries and with those laboratories.
The content, conditions and timing of that assistance shall be determined by the Commission in agreement with the Member State or third country concerned and with the respective Member States providing the experts.
That indemnity, and the reimbursement of travel and subsistence costs, shall be paid by the Commission in accordance with the rules for the reimbursement of travel, subsistence and other expenses for experts.
Article 20
Reports on measures taken in accordance with Articles 17, 18 and 19
Article 21
Amendment of Annex II
The Commission is empowered to adopt delegated acts in accordance with Article 105 amending Annex II in order to adapt it to the development of scientific and technical knowledge and of relevant international standards.
Article 22
Surveys on Union quarantine pests and pests provisionally qualifying as Union quarantine pests
Member States shall carry out risk-based surveys, over specific periods of time, checking at least for:
the presence of any Union quarantine pest; and
signs or symptoms of any pest subject to the measures referred to in Article 29 or to measures adopted pursuant to Article 30(1).
Those surveys shall take place in all areas where the pest concerned was not known to be present.
Those surveys shall not be required to be carried out for pests for which it is unequivocally concluded that they cannot become established or spread in the Member State concerned due to its ecoclimatic conditions or to the absence of the host species.
Those surveys shall take account of scientific and technical evidence, and any other appropriate information, concerning the presence of the pests concerned.
The Commission may, by means of implementing acts, set out the format of those reports, as well as instructions on how to fill it in. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
Article 23
Multiannual survey programmes and collection of information
The multiannual survey programmes shall include the following elements in conformity with Article 22(2):
the specific objective of each survey;
the scope of each survey as regards the area concerned and the time scale covered, as well as the pests, plants and commodities targeted;
the survey methodology and quality management including a description of the procedures for visual examination, sampling and testing and their technical justification;
the timing, frequency and numbers of scheduled visual examinations, samples and tests; and
the methods of recording and reporting the information collected.
The multiannual survey programmes shall be established for a period of five to 10 years. Those programmes shall be reviewed and updated on the basis of the applicable rules and the phytosanitary situation of the territory concerned.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
Article 24
Surveys of priority pests
The surveys shall not be required to be carried out for pests for which it is unequivocally concluded that they cannot become established or spread in the Member State concerned due to its ecoclimatic conditions or to the absence of the host species.
Article 25
Contingency plans for priority pests
Member States shall, at an appropriate stage, consult all relevant stakeholders in the process of drawing up and keeping up to date the contingency plans.
No contingency plans shall be required to be drawn up for pests for which it is unequivocally concluded that they cannot become established or spread in the Member State concerned due to its ecoclimatic conditions or to the absence of the host species.
Each contingency plan shall include the following:
the roles and responsibilities of the bodies involved in the execution of the plan, in case of a confirmed or suspected presence of the priority pest concerned, as well as the chain of command and procedures for the co-ordination of actions to be taken by competent authorities, other public authorities, as referred to in Article 4(2) of Regulation ►C1 (EU) 2017/625 ◄ , delegated bodies or natural persons involved, as referred to in Article 28(1) of that Regulation, laboratories and professional operators, including the co-ordination with neighbouring Member States and neighbouring third countries, where appropriate;
access of competent authorities to premises of professional operators, other relevant operators and natural persons;
access of competent authorities, where necessary, to laboratories, equipment, personnel, external expertise and resources necessary for the rapid and effective eradication or, where appropriate, containment of the priority pest concerned;
measures to be taken concerning the provision of information to the Commission, the other Member States, the professional operators concerned and the public as regards the presence of the priority pest concerned and the measures taken against it in the event that the presence of the pest concerned is officially confirmed or suspected;
arrangements for recording findings of the presence of the priority pest concerned;
the available assessments as set out in Article 6(2) and any assessment of the Member State as regards the risk of the priority pest concerned for its territory;
the risk management measures to be taken as regards the priority pest concerned, in accordance with Section 1 of Annex II, and the procedures to be followed;
principles for the geographical demarcation of demarcated areas;
protocols describing the methods of visual examinations, sampling and laboratory testing; and
principles concerning the training of personnel of the competent authorities and, where appropriate, the bodies, public authorities, laboratories, professional operators and other persons referred to in point (a).
Where appropriate, the items referred to in points (d) to (j) of the first subparagraph shall take the form of instruction manuals.
Within one year from the date of the inclusion of any further pest concerned in the list of priority pests, Member States shall establish a contingency plan for that priority pest.
Member States shall regularly review and, where appropriate, update their contingency plans.
Article 26
Simulation exercises for priority pests
Those exercises shall take place with regard to all priority pests concerned within a reasonable period of time and with the involvement of the relevant stakeholders.
Those exercises shall not be required where the Member State concerned has recently taken measures for the eradication of the pest or pests concerned.
Where appropriate, Member States may carry out those simulation exercises with neighbouring third countries.
Article 27
Action plans for priority pests
The action plan shall include a description of the design and organisation of the surveys to be carried out and set out the number of visual examinations, samples to be taken and laboratory tests to be carried out, as well as the methodology to be applied for the examination, sampling and testing.
The action plan shall be based on the relevant contingency plan and shall be immediately communicated by the competent authority to the professional operators concerned.
Article 28
Union measures for specific Union quarantine pests
The Commission may, by means of implementing acts, set out measures against specific Union quarantine pests. Those measures shall implement, specifically for each of the pests concerned, one or more of the following provisions:
Article 10 concerning measures to be taken in the event of suspicion and official confirmation by competent authorities of the presence of that Union quarantine pest;
Article 14 concerning measures to be taken immediately by professional operators;
Article 15 concerning measures to be taken by persons other than professional operators;
Article 17 concerning eradication of Union quarantine pests;
Article 18 concerning establishment of demarcated areas;
Article 19 concerning surveys and modifications of demarcated areas and lifting of restrictions;
Article 22 concerning surveys on Union quarantine pests and pests provisionally qualifying as Union quarantine pests;
Article 24 concerning surveys for priority pests, as regards the number of visual examinations, samples and tests for particular priority pests;
Article 25 concerning contingency plans for priority pests;
Article 26 concerning simulation exercises for priority pests;
Article 27 concerning action plans for priority pests.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
For the purpose of reaching that conclusion, the Commission shall, without delay, take the necessary actions following the submission of the relevant evidence by the Member State concerned or any other source.
Article 29
Measures by Member States concerning pests not listed as Union quarantine pests
Where it is concluded, on the basis of the surveys referred to in Article 19 or other evidence, that the eradication of a pest in a demarcated area is not possible, Article 28(2) shall apply mutatis mutandis.
Where the presence of a pest fulfilling the criteria referred to in the first subparagraph is officially confirmed in a consignment of plants, plant products or other objects introduced into, or moved within, the territory of a Member State, that Member State shall take the necessary measures to prevent the entry of that pest into, and its establishment and spread in, the Union territory.
Where a Member State suspects the presence in its territory of a pest fulfilling the criteria referred to in the first subparagraph, Article 10 shall apply mutatis mutandis.
Pending the official confirmation of the presence of that pest, the Member State shall, where appropriate, take phytosanitary measures to mitigate the risk of it spreading.
It shall notify the Commission of the results of the assessment referred to in paragraph 2 within two years of the official confirmation of the presence of that pest.
Notifications of the presence of that pest shall be submitted through the electronic notification system referred to in Article 103.
Article 30
Union measures concerning pests not listed as Union quarantine pests
Where the Commission concludes that those criteria are fulfilled, it shall immediately, by means of implementing acts, adopt measures for a limited time as regards the risks posed by that pest. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
Those measures shall, where appropriate, implement, specifically for each of the pests concerned, one or more of the provisions referred to in points (a) to (g) of the first subparagraph of Article 28(1). They may include the prohibition of the pest’s introduction into, movement within, or holding, multiplication or release in the Union territory and requirements concerning the introduction into, and the movement within, the Union territory of plants, plant products and other objects.
Article 31
More stringent requirements adopted by Member States
Those more stringent measures shall not impose, or result in, any prohibitions or restrictions on the introduction into, or movement within and through, the Union territory of plants, plant products and other objects, other than those imposed by Articles 40 to 58 and 71 to 102.
Member States shall, on request, submit to the Commission and the other Member States an annual report on the measures taken in accordance with paragraph 1.
Article 32
Recognition of protected zones
Article 8 shall apply mutatis mutandis to the introduction into, movement within, and holding and multiplication in, protected zones of protected zone quarantine pests.
The Commission may, by means of implementing acts amending the implementing act referred to in the first subparagraph, recognise additional protected zones where the conditions provided for in paragraph 1 of this Article are fulfilled.
The Commission may, by means of implementing acts, replace the implementing act referred to in the first subparagraph of this paragraph for the purpose of consolidating amendments.
The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred to in Article 107(2).
With the application referred to in paragraph 1, the Member State concerned shall submit:
a description of the boundaries of the proposed protected zone, including maps;
the results of surveys showing that, during at least the three years preceding the application, the quarantine pest concerned was not present in the territory concerned; and
evidence that the quarantine pest concerned fulfils the conditions set out in Article 3 with respect to the proposed protected zone.
The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing this Regulation by laying down detailed rules for those surveys. Those acts shall be adopted in accordance with the development of scientific and technical knowledge and the applicable international standards.
The recognition of a temporary protected zone shall last no longer than three years after recognition, and shall expire automatically after three years.
Article 33
General obligations concerning protected zones
By way of derogation from the first subparagraph, that plant, plant product or other object may be moved out of that demarcated area through and out of the protected zone concerned only if it is packed and moved in such a way that there is no risk of spreading that protected zone quarantine pest within that protected zone.
Article 34
Surveys on protected zone quarantine pests
The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing this Regulation by laying down detailed rules for the preparation and the content of those surveys.
Article 35
Amendment of extent and revocation of recognition of protected zones
Where that amendment concerns the extension of a protected zone, Article 32 shall apply mutatis mutandis.
The Commission shall revoke the recognition of a protected zone if the respective protected zone quarantine pest has been found to be present in that zone and one of the following conditions is fulfilled:
no demarcated area has been established, in accordance with Article 33(1), within three months of the official confirmation of the presence of that pest;
the eradication measures taken in a demarcated area pursuant to Article 33(1) have not been successful within 24 months of the official confirmation of the presence of that pest, or within a period longer than 24 months where the biology of the pest so justifies and that period is set out in the implementing act adopted pursuant to Article 32(3);
information available to the Commission demonstrates, with regard to the application of measures pursuant, by virtue of Article 33(1), to Articles 17, 18 and 19, gross negligence in reaction to the presence of that pest in the concerned protected zone.
CHAPTER III
Union regulated non-quarantine pests
Article 36
Definition of Union regulated non-quarantine pests
A pest is a ‘Union regulated non-quarantine pest’ if it fulfils all of the following conditions and it is included in the list referred to in Article 37:
its identity is established in accordance with point (1) of Section 4 of Annex I;
it is present in the Union territory;
it is not a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1);
it is transmitted mainly through specific plants for planting, in accordance with point (2) of Section 4 of Annex I;
its presence on those plants for planting has an unacceptable economic impact, as regards the intended use of those plants for planting, in accordance with point (3) of Section 4 of Annex I;
feasible and effective measures are available to prevent its presence on the plants for planting concerned.
Article 37
Prohibition of the introduction and movement of Union regulated non-quarantine pests on plants for planting
The prohibition laid down in the first subparagraph shall not apply in the following cases:
movement of plants for planting within, or between, the premises of the professional operator concerned;
movement of plants for planting necessary for their disinfection.
The list referred to in paragraph 2 shall include the pests and the respective plants for planting set out in the following provisions:
Section II of Part A of Annex II to Directive 2000/29/EC;
points (3) and (6) of Annex I and point (3) of Annex II to Directive 66/402/EEC;
Annex I to Directive 68/193/EEC;
the acts adopted pursuant to Article 5(5) of Council Directive 98/56/EC ( 2 );
Annex II to Directive 2002/55/EC;
Annex I and point B of Annex II to Directive 2002/56/EC, and the acts adopted pursuant to point (c) of Article 18 of that Directive;
point (4) of Annex I and point (5) of Annex II to Directive 2002/57/EC;
the acts adopted pursuant to Article 4 of Directive 2008/72/EC; and
the acts adopted pursuant to Article 4 of Directive 2008/90/EC.
Pests listed in Annex I and in Section I of Part A and in Part B of Annex II of Directive 2000/29/EC and listed as a Union quarantine pest pursuant to Article 5(2) of this Regulation, as well as pests subject to measures adopted pursuant to Article 30(1) of this Regulation, shall not be included in that list.
The Commission shall, by means of implementing acts, amend the implementing acts referred to in paragraphs 2 and 4 of this Article where the results of an assessment show that:
a pest not listed in the implementing act referred to in paragraph 2 of this Article fulfils the conditions referred to in Article 36;
a pest listed in the implementing act referred to in paragraph 2 of this Article no longer fulfils one or more of the conditions referred to in Article 36;
amendments to that list are necessary as regards categories referred to in paragraph 7 of this Article or thresholds referred to in paragraph 8 of this Article; or
amendments to measures adopted pursuant to paragraph 4 of this Article are necessary.
The Commission shall make that assessment available to the Member States without delay.
The Commission may, by means of implementing acts, replace the implementing acts referred to in paragraphs 2 and 4 of this Article for the purpose of consolidating amendments.
Such a threshold shall only be set if both of the following points are fulfilled:
it is possible for professional operators to ensure that the incidence of that Union regulated non-quarantine pest on those plants for planting does not exceed that threshold;
it is possible to verify whether that threshold is not exceeded in lots of those plants for planting.
The principles for the management of the risk of pests set out in Section 2 of Annex II shall apply.
Member States shall also notify those measures to the third country from which the plants for planting were introduced into the Union territory.
Article 38
Amendment of Section 4 of Annex I
The Commission is empowered to adopt delegated acts in accordance with Article 105 amending Section 4 of Annex I in order to adapt it to the development of scientific and technical knowledge and of relevant international standards.
Article 39
Union regulated non-quarantine pests used for scientific or educational purposes, trials, varietal selection, breeding or exhibitions
The prohibition provided for in Article 37 shall not apply to Union regulated non-quarantine pests which are present on plants for planting used for scientific or educational purposes, trials, varietal selection, breeding or exhibitions.
CHAPTER IV
Measures concerning plants, plant products and other objects
Article 40
Prohibition of the introduction of plants, plant products and other objects into the Union territory
The first of those implementing acts shall include the plants, plant products and other objects as well as their countries of origin as listed in Part A of Annex III to Directive 2000/29/EC.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2) of this Regulation.
In the list established by those implementing acts, the plants, plant products and other objects shall also be identified by their respective code in accordance with the classification in the Combined Nomenclature as laid down in Council Regulation (EEC) No 2658/87 ( 4 ) (‘CN code’) where that code is available. Other codes laid down by Union legislation shall, in addition, be referred to where they specify further the applicable CN code for a specific plant, plant product or other object.
Where a plant, plant product or other object included in that implementing act does not pose a pest risk of an unacceptable level, or it poses such a risk but that risk can be reduced to an acceptable level by applying one or more of the measures set out in points 2 and 3 of Section 1 of Annex II, the Commission shall amend that implementing act accordingly.
The acceptability of the level of that pest risk shall be assessed in accordance with the principles set out in Section 2 of Annex II, where appropriate with regard to one or more specific third countries.
Those amendments shall be adopted in accordance with the examination procedure referred to in Article 107(2).
On duly justified imperative grounds of urgency to address a serious pest risk, the Commission shall adopt those amendments by immediately applicable implementing acts, in accordance with the procedure referred to in Article 107(3).
That notification shall also be made to the third country from which the plants, plant products or other objects were introduced into the Union territory.
Article 41
Plants, plant products and other objects subject to special and equivalent requirements
The first of those implementing acts shall include the plants, plant products and other objects, the special requirements and, where applicable, their third country of origin as listed in Part A of Annex IV to Directive 2000/29/EC.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2) of this Regulation.
In the list established by those implementing acts, those plants, plant products and other objects shall also be identified by their respective CN code where that code is available. Other codes laid down by Union legislation shall, in addition, be referred to where they specify further the applicable CN code for a specific plant, plant product or other object.
The measures referred to in the first subparagraph may take the form of specific requirements, adopted in accordance with Article 44(1), for the introduction into the Union territory of particular plants, plant products or other objects which are equivalent to special requirements for the introduction into, and movement within, the Union territory of those plants, plant products or other objects (‘equivalent requirements’).
Where a plant, plant product or other object included in that implementing act does not pose a pest risk of an unacceptable level, or it poses such a risk but that risk cannot be reduced to an acceptable level by the special requirements, the Commission shall amend that implementing act accordingly by removing that plant, plant product or other object from the list or by including it in the list referred to in Article 40(2).
The acceptability of the level of that pest risk shall be assessed, and the measures to reduce that risk to an acceptable level shall be adopted, in accordance with the principles set out in Section 2 of Annex II, where appropriate with regard to one or more specific third countries or parts thereof.
Those amendments shall be adopted in accordance with the examination procedure referred to in Article 107(2).
On duly justified imperative grounds of urgency to address a serious pest risk, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 107(3).
Where applicable, that notification shall also be made to the third country from which the plants, plant products or other objects were introduced into the Union territory.
Article 42
Restrictions on the basis of a preliminary assessment for the introduction into the Union territory of high-risk plants, plant products and other objects
That preliminary assessment shall take into account, as appropriate for the plant, plant product or other object concerned, the criteria set out in Annex III.
That delegated act shall provide for all of the following elements:
the preparation of the evidence for the assessment of the high-risk plants, plant products and other objects;
the actions to be taken following the receipt of that evidence;
the procedures for that assessment;
the handling of dossiers concerning confidentiality and data protection.
The first of those implementing acts shall be adopted by 14 December 2018.
In the list established by those implementing acts, those plants, plant products and other objects, where applicable, shall also be identified by their respective CN code where that code is available. Other codes laid down by Union legislation shall, in addition, be referred to where they specify further the applicable CN code for a specific plant, plant product or other object.
If it is concluded, on the basis of a risk assessment, that the plant, plant product or other object originating in the third country, group of third countries or specific area of the third country concerned referred to in paragraph 2 poses an unacceptable risk due to the likelihood that it hosts a Union quarantine pest, and that that pest risk cannot be reduced to an acceptable level by applying one or more of the measures set out in points 2 and 3 of Section 1 of Annex II, the Commission shall adopt an implementing act removing that plant, plant product or other object and the third countries concerned from the list referred to in paragraph 2 and add it to the list referred to in Article 40.
If it is concluded, on the basis of a risk assessment, that the plant, plant product or other object originating in the third country, group of third countries or specific area of the third country concerned referred to in paragraph 2 poses an unacceptable risk, but that that risk can be reduced to an acceptable level by applying one or more of the measures set out in points 2 and 3 of Section 1 of Annex II, the Commission shall adopt an implementing act removing that plant, plant product or other object and the third country, group of third countries or specific area of the third country concerned from the list referred to in paragraph 2 and add it to the list referred to in Article 41.
Where appropriate, that assessment may be limited to plants, plant products or other objects of a particular third country of origin or dispatch, or a group of third countries of origin or dispatch.
Article 42a
Temporary derogations from the prohibitions provided for in Articles 40 and 42, and from the requirements referred to in Article 41
Those implementing acts shall:
set out temporary measures concerning the introduction of those plants, plant products and other objects into the Union territory, in accordance with the principles set out in Section 2 of Annex II; and
amend the relevant parts of the implementing acts referred to in Article 40(2) and Article 41(2) by inserting a reference to the derogation concerning the plant, plant product or other object concerned.
The temporary derogations referred to in paragraph 1 may be adopted only if the following conditions have been fulfilled:
the Commission has received evidence justifying the adoption of temporary derogations with requirements equivalent to, or more stringent than, those referred to in Article 41; or
the third country concerned has submitted to the Commission a request containing official written guarantees for the application in its territory, prior to and at the moment of making the request, of the measures which are necessary for addressing the phytosanitary risk concerned; and
an assessment has shown that those plants, plant products or other objects pose a risk that can be reduced to an acceptable level by applying the measures which are necessary to address the phytosanitary risk concerned.
The Commission is empowered to adopt a delegated act, in accordance with Article 105, supplementing this Regulation as regards the procedure to be followed in order to grant the temporary derogations referred to in paragraph 1 of this Article. That delegated act shall provide for the following elements of the procedure:
the preparation, content and submission of the requests and dossiers by the third countries concerned;
the actions to be taken following the reception of those requests and dossiers, including, where appropriate, the consultation of scientific bodies or the consideration of scientific opinions or studies;
handling of the requests and dossiers concerning confidentiality and data protection.
By way of derogation from Article 42(2), the Commission may, by means of implementing acts, adopt temporary derogations from the acts referred to in Article 42(3) if all of the following conditions are fulfilled:
the phytosanitary risk of the high-risk plants, plant products or other objects concerned is not yet fully assessed;
a provisional assessment has shown that those plants, plant products or other objects pose a risk that can be reduced to an acceptable level by applying the measures which are necessary to address the phytosanitary risk concerned;
no implementing act pursuant to Article 42(4) has yet been adopted as regards the plants, plant products or other objects concerned.
Those implementing acts shall set out temporary measures which concern the introduction of those plants, plant products and other objects into the Union and are necessary to reduce the respective phytosanitary risk to an acceptable level.
Article 43
Specific import conditions for the introduction into the Union territory of wood packaging material
Wood packaging material, whether or not actually in use in the transport of objects of all kinds, shall only be introduced into the Union territory if it fulfils all of the following requirements:
it has been subject to one or more of the approved treatments and complies with the applicable requirements set out in Annex 1 to the International Standard for Phytosanitary Measures No 15 Regulation of Wood Packaging Material in International Trade (ISPM15);
it is marked with the mark referred to in Annex 2 of ISPM15 attesting that it has been subject to the treatments referred to in point (a).
This paragraph shall not apply to wood packaging material which is subject to the exemptions provided for in ISPM15.
Those delegated acts may also determine that wood packaging material not subject to the exemptions provided for in ISPM15 is exempted from the requirements of paragraph 1 of this Article or is subject to less stringent requirements.
Article 44
Setting out of equivalent requirements
The Commission shall set out equivalent requirements, by means of implementing acts, on request of a particular third country, if both of the following conditions are fulfilled:
the third country concerned ensures, through the application under its official control of one or more specified measures, a level of phytosanitary protection which is equivalent to the special requirements in respect of the introduction into, or movement within, the Union territory of the plants, plant products and other objects concerned from other third countries;
the third country concerned demonstrates to the Commission that the specified measures referred to in point (a) achieve the level of phytosanitary protection referred to in that point.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
Article 45
Information to be provided to travellers and clients of postal services
They shall provide that information in the form of posters or brochures and, where applicable, on their internet sites.
Postal services and professional operators involved in sales through distance contracts shall also make available to their clients that information concerning plants, plant products and other objects referred to in the first subparagraph at least through the internet.
The Commission may, by means of implementing acts, set out arrangements for the presentation and use of those posters and brochures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
Article 46
Exception from prohibitions and requirements for frontier zones
By way of derogation from Article 40(1), Article 41(1) and Article 42(2), Member States may authorise the introduction into the Union territory of plants, plant products and other objects which fulfil all of the following conditions:
they are grown or produced in areas of third countries in the vicinity of their land border with Member States (‘third country frontier zones’);
they are introduced into areas of Member States immediately across that border (‘Member State frontier zones’);
they are to be subject to processing in those Member State frontier zones in such a manner that any pest risk is eliminated;
they do not pose any risk of spreading Union quarantine pests or pests subject to measures adopted pursuant to Article 30(1) caused by movements within the frontier zone.
Those plants, plant products and other objects shall only be moved into and within the Member State frontier zones, and only under the official control of the competent authority.
The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing this Regulation by setting out the following:
the maximum width of third country frontier zones and Member State frontier zones, as appropriate for the specific plants, plant products and other objects;
the maximum distance of the movement of the plants, plant products and other objects concerned within the third country frontier zones and Member State frontier zones; and
the procedures for the authorisation of the introduction into, and movement within, the Member State frontier zones of plants, plant products and other objects referred to in paragraph 1 of this Article.
The width of those zones shall be such as to ensure that the introduction and movement of those plants, plant products and other objects in the Union territory does not pose any pest risks to the Union territory or parts of it.
Those acts shall be adopted in accordance with Annex II and, where appropriate, taking into account the development of scientific and technical knowledge and international standards.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
That notification shall also be made to the third country from which the plants, plant products or other objects were introduced into the frontier zone concerned.
Article 47
Requirements for phytosanitary transit
By way of derogation from Article 40(1), Article 41(1), Article 42(2), Article 72(1) and Article 73, plants, plant products and other objects may be introduced into, and be passed through, the Union territory to a third country, either in the form of transit or transhipment (‘phytosanitary transit’), if they fulfil both of the following conditions:
they are accompanied by a signed declaration of the professional operator in control of those plants, plant products and other objects stating that those plants, plant products or other objects are in phytosanitary transit;
they are packed and moved in such a way that there is no risk of spreading of Union quarantine pests during their introduction into, and passing through, the Union territory.
Article 48
Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding
That authorisation shall be granted for the activity concerned only if adequate restrictions are imposed to ensure that the presence of the plants, plant products or other objects concerned does not cause an unacceptable risk of the spread of a Union quarantine pest or pest subject to the measures adopted pursuant to Article 30(1), taking into account the identity, biology and means of dispersal of the pests concerned, the activity envisaged, the interaction with the environment and other relevant factors relating to the pest risk posed by those plants, plant products or other objects.
Where an authorisation is granted in accordance with paragraph 1, it shall include all of the following conditions:
the plants, plant products or other objects concerned are to be kept in a location and under conditions found to be appropriate by the competent authorities and referred to in the authorisation;
the activity involving those plants, plant products or other objects is to be carried out in a quarantine station or a confinement facility designated in accordance with Article 60 by the competent authority and referred to in the authorisation;
the activity involving those plants, plant products or other objects is to be carried out by personnel whose scientific and technical competence is found to be appropriate by the competent authority and referred to in the authorisation;
those plants, plant products or other objects are to be accompanied by the authorisation when introduced into, or moved within, the Union territory.
It shall include the restrictions necessary to adequately eliminate the risk of the spread of the relevant Union quarantine pests or pests subject to measures adopted pursuant to Article 30(1).
Where appropriate, that action shall be the revocation of the authorisation referred to in paragraph 1.
The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing this Regulation by laying down detailed rules concerning:
the exchange of information between Member States and the Commission concerning the introduction into, and movement within, the Union territory of the plants, plant products and other objects concerned;
the procedures and conditions for granting the authorisation referred to in paragraph 1 of this Article; and
the requirements for the monitoring of compliance and the actions to be taken in the event of non-compliance, as referred to in paragraph 4 of this Article.
Article 49
Temporary measures concerning plants, plant products and other objects likely to pose newly identified pest risks or other suspected phytosanitary risks
The Commission may adopt, by means of implementing acts, temporary measures as regards the introduction into, and movement within, the Union territory of plants, plant products and other objects from third countries where the following conditions are fulfilled:
the plants, plant products or other objects are likely to pose newly identified pest risks which are not sufficiently covered by any Union measures and are not linked, or cannot yet be linked, to Union quarantine pests or pests subject to measures adopted pursuant to Article 30(1);
there is insufficient phytosanitary experience, such as in relation to new plant species or pathways, as regards trade in the plants, plant products and other objects concerned originating in or dispatched from the third countries concerned;
no assessment has been carried out as regards the newly identified pest risks for the Union territory in respect of those plants, plant products or other objects from the third countries concerned.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
They shall provide for one or more of the following, as necessary in the case concerned:
systematic and intensive inspections and sampling, at the point of introduction, of each lot of plants, plant products or other objects introduced into the Union territory and the testing of samples;
a quarantine period, within a quarantine station or a confinement facility as referred to in Article 60, to verify the absence of the newly identified pest risk concerned in those plants, plant products or other objects;
a prohibition of the introduction of those plants, plant products or other objects into the Union territory.
In the cases referred to in points (a) and (b) of the second subparagraph, the implementing act referred to in paragraph 1 may also set out specific measures to be taken before the introduction into the Union territory of those plants, plant products or other objects.
Member States shall notify the Commission and the other Member States where, following the application of the measures referred to in points (a) or (b) of the second subparagraph of paragraph 2, a pest has been found to be present which is likely to pose newly identified pest risks.
Member States shall notify, through the electronic notification system referred to in Article 103 of this Regulation, the Commission and the other Member States of any case where the introduction of a plant, plant product or other object into the Union territory was refused, or its movement within the Union territory prohibited, because the Member State concerned considered that the prohibition referred to in point (c) of the second subparagraph of paragraph 2 of this Article was violated. Where applicable, that notification shall include the measures taken by that Member State on the plants, plant products or other objects concerned pursuant to Article 66(3) of Regulation ►C1 (EU) 2017/625 ◄ .
Where applicable, the third country from which the plants, plant products or other objects were dispatched for introduction into the Union territory shall also be notified.
Article 50
Report from the Commission on the enforcement and effectiveness of measures relating to imports into the Union territory
By 14 December 2021, the Commission shall present a report to the European Parliament and the Council on the enforcement and effectiveness of measures relating to imports into the Union territory, including a cost-benefit analysis, and, where appropriate, present a legislative proposal.
Article 51
Amendment of Annexes III and IV
The Commission is empowered to adopt delegated acts in accordance with Article 105 amending Annexes III and IV in order to adapt them to the development of scientific and technical knowledge and of relevant international standards.
Article 52
Temporary measures by Member States concerning imminent danger
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
Article 53
Prohibition of introduction of plants, plant products and other objects into protected zones
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2) of this Regulation.
In the list established by those implementing acts, the plants, plant products and other objects shall also be identified by their respective CN code where that code is available. Other codes laid down by Union legislation shall, in addition, be referred to where they specify further the applicable CN code for a specific plant, plant product or other object.
Where a plant, plant product or other object included in that implementing act does not pose a pest risk of an unacceptable level, or it poses such a risk but that risk can be reduced to an acceptable level by applying one or more of the measures set out in points 2 and 3 of Section 1 of Annex II, the Commission shall amend that implementing act accordingly.
Those amendments shall be adopted in accordance with the examination procedure referred to in Article 107(2).
The acceptability of the level of that pest risk shall be assessed in accordance with the principles set out in Section 2 of Annex II.
On duly justified imperative grounds of urgency to address a serious pest risk, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 107(3).
Where applicable, the Member States or the Commission shall notify the third country from which the plants, plant products or other objects were introduced into the protected zone concerned.
Article 54
Plants, plant products and other objects subject to special requirements for protected zones
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2) of this Regulation.
In the list established by those implementing acts, those plants, plant products and other objects shall also be identified by their respective CN code where that code is available. Other codes laid down by Union legislation shall, in addition, be referred to where they specify further the applicable CN code for a specific plant, plant product or other object.
Where a plant, plant product or other object included in that implementing act does not pose a pest risk of an unacceptable level for the protected zone concerned, or it poses such a risk but that risk cannot be reduced to an acceptable level by the special requirements for protected zones, the Commission shall amend that implementing act accordingly.
Those amendments shall be adopted in accordance with the examination procedure referred to in Article 107(2).
The acceptability of the level of that pest risk shall be assessed, and the measures to reduce that risk to an acceptable level shall be adopted, in accordance with the principles set out in Section 2 of Annex II.
On duly justified imperative grounds of urgency to address a serious pest risk, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 107(3).
Where applicable, the Member States or the Commission shall notify the third country from which the plants, plant products or other objects were introduced into the Union territory.
Article 55
Information to be provided to travellers and clients of postal services as regards protected zones
Article 45 shall apply mutatis mutandis to the introduction into, or the movement within, protected zones of plants, plant products and other objects.
Article 56
Exception from prohibitions and requirements for frontier zones as regards protected zones
Article 46 shall apply mutatis mutandis to the plants, plant products and other objects listed in the implementing acts provided for in Article 53(2) and (3) and Article 54(2) and (3) which are introduced from a third country frontier zone into the respective protected zones bordering that frontier zone.
Article 57
Requirements for phytosanitary transit as regards protected zones
Article 47 shall apply mutatis mutandis to the phytosanitary transit of the plants, plant products and other objects listed in the implementing acts provided for in Article 53(2) and (3) and Article 54(2) and (3) through protected zones.
Article 58
Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding as regards protected zones
By way of derogation from the prohibitions and requirements provided for in Article 53(1) and Article 54(1), Article 48 shall apply mutatis mutandis to the introduction into, and the movement within, protected zones of plants, plant products and other objects listed in the implementing acts provided for in Article 53(2) and (3) and Article 54(2) and (3) and used for official testing, scientific or educational purposes, trials, varietal selection or breeding.
Article 59
General requirements for vehicles, machinery and packaging material
Article 60
Designation of quarantine stations and confinement facilities
For the purposes referred to in Articles 8, 48, 49 and 58, Member States shall take one or more of the following actions, taking into account the relevant pest risk:
designate in their territory quarantine stations or confinement facilities;
authorise the use of designated quarantine stations or confinement facilities in another Member State, provided that, where applicable, that other Member State has agreed to such authorisation;
designate temporarily the premises of professional operators or other persons as confinement facilities for the pests, plants, plant products or other objects and their relevant uses as set out in Articles 8, 48 and 49.
Article 61
Requirements for quarantine stations and confinement facilities
Quarantine stations and confinement facilities referred to in Article 60 shall meet the following requirements to prevent the spread of Union quarantine pests:
they provide physical isolation of the pests, plants, plant products and other objects to be kept in quarantine or confinement and ensure they cannot be accessed or removed from those stations or facilities without consent of the competent authority;
they have systems, or access to systems, for sterilisation, decontamination or destruction of infested plants, plant products and other objects, waste and equipment before removal from the stations or facilities;
they have an identification and description of the tasks of those stations and facilities, the persons responsible for carrying out those tasks and the conditions under which they shall carry out those tasks;
they have a sufficient number of suitably qualified, trained and experienced personnel; and
they have a contingency plan for the purpose of effectively eliminating any unintended presence of Union quarantine pests and pests subject to measures adopted pursuant to Article 30(1) and preventing their spread.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
Article 62
Operation of quarantine stations and confinement facilities
The person responsible for the quarantine station or confinement facility shall keep records on the following:
the personnel employed;
the visitors accessing the station or facility;
the pests, plants, plant products and other objects entering and leaving the station or facility;
the place of origin of such plants, plant products and other objects; and
observations concerning the presence of pests on such plants, plant products and other objects inside the quarantine station or confinement facility and in its immediate vicinity.
Those records shall be kept for three years.
Article 63
Supervision of quarantine stations and confinement facilities and revocation of designation
It shall determine the frequency of those inspections according to the pest risk related to the operation of the quarantine stations or confinement facilities.
Where the competent authority concludes that the quarantine station or confinement facility or the person responsible for it fails to comply with Articles 61 and 62, that authority shall without delay take the measures necessary to ensure that non-compliance with those provisions does not continue. Those measures may include the revocation or suspension of the designation referred to in Article 60(1).
Article 64
Release of plants, plant products and other objects from quarantine stations and confinement facilities
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
CHAPTER V
Registration of professional operators and traceability
Article 65
Official register of professional operators
The competent authority shall keep and update a register containing the following professional operators who operate in the territory of the Member State concerned:
professional operators introducing into, or moving within, the Union plants, plant products and other objects for which a phytosanitary certificate or a plant passport is required on the basis of the implementing acts adopted pursuant to Article 72(1), Article 73, Article 74(1), Article 79(1) and Article 80(1);
professional operators authorised to issue plant passports in accordance with Article 89;
professional operators who request the competent authority to issue the certificates referred to in Articles 100, 101 and 102;
professional operators authorised to apply the marks referred to in Article 98, authorised to issue the attestations referred to in Article 99, providing information in accordance with Articles 45 or 55, introducing plants, plant products or other objects to frontier zones in accordance with Article 46(1) or Article 56, or carrying out activities concerning the relevant plants in demarcated areas, unless those operators are listed in another official register which is accessible to the competent authorities; and
professional operators other than the ones referred to in points (a) to (d) of this subparagraph, if so required by an implementing act adopted pursuant to Article 28(1), Article 30(1), Article 41(2), Article 49(1), Article 53(2) or Article 54(2).
Member States may decide for further categories of growers or other professional operators to be registered if so justified by the pest risk presented by the plants that they grow or by any other of their activities.
Paragraph 1 of this Article shall not apply to a professional operator who fulfils one or more of the following criteria:
it supplies exclusively and directly to final users small quantities of plants, plant products and other objects by means other than sales through distance contracts;
it supplies exclusively and directly to final users small quantities of seeds, other than the seeds subject to Article 72;
its professional activity concerning plants, plant products and other objects is limited to transporting them for another professional operator;
its professional activity exclusively concerns the transport of objects of all kinds using wood packaging material.
Member States may decide not to apply the exemption referred to in point (a) of the first subparagraph to all or certain growers or other professional operators if so justified by the pest risk presented by the plants that they grow or that are concerned by any other of their activities.
The Commission is empowered to adopt delegated acts in accordance with Article 105 concerning one or more of the following:
amending this Regulation by adding further categories of professional operators to be exempted from the application of paragraph 1 of this Article, where registration would constitute an administrative burden for them disproportionate to the low pest risk related to their professional activities;
supplementing this Regulation by setting out particular requirements for the registration of certain categories of professional operators, taking into account the nature of the activity or of the plant, plant product or other object concerned;
supplementing this Regulation by setting out the maximum figures for small quantities of particular plants, plant products or other objects as referred to in point (a) of the first subparagraph of paragraph 3. Those figures shall be established as appropriate for the plants, plant products and other objects concerned and the respective pest risks.
Article 66
Procedure of registration
The application for registration shall include the following elements:
name, address in the Member State of registration and contact details of the professional operator;
a statement concerning the intention of the professional operator to exercise one or more of the activities referred to in Article 65(1) concerning plants, plant products and other objects;
a statement concerning the intention of the professional operator to carry out, as applicable, one or more of the following activities:
issuing of plant passports for plants, plant products and other objects pursuant to Article 84(1);
placing of the mark on wood packaging material referred to in Article 96(1);
issuing of any other attestation referred to in Article 99(1);
address of the premises and, where applicable, the location of land plots used by the professional operator in the Member State concerned to carry out the activities referred to in Article 65(1) for the purpose of the registration; and
the commodity types, families, genera or species of the plants and plant products and, where appropriate, the nature of other objects concerned by the activities of the professional operator, as referred to in Article 65(1).
An application for updating the data referred to in point (a) of paragraph 2 shall be submitted no later than 30 days after the change in those data.
Where the registered operator does not correct those elements within the period of time set by the competent authority, the competent authority shall, as appropriate, amend or revoke the registration of that operator.
Article 67
Content of the register
The register shall contain the elements set out in points (a), (b), (d) and (e) of Article 66(2) and the following elements:
the official registration number, which shall include the two-letter code indicated in norm ISO 3166-1-alpha-2 ( 5 ) for the Member State in which the professional operator is registered;
where applicable, an indication for which of the activities referred to in point (c) of Article 66(2) the professional operator is authorised, and, where applicable, the specific plants, plant products or other objects concerned.
Article 68
Availability of information of official registers
Article 69
Traceability
Where an authorised operator issues a plant passport pursuant to Article 84(1), and where the competent authority issues a plant passport pursuant to Article 84(2) for a registered operator, that operator shall ensure, for the purpose of ensuring traceability pursuant to paragraphs 1 and 2 of this Article, that it records the following information as regards that plant passport:
where applicable, the professional operator who supplied the trade unit concerned;
the professional operator to whom the trade unit concerned was supplied; and
relevant information relating to the plant passport.
The Commission may, by means of implementing acts, set out the following elements:
a shorter or longer minimum period than the one referred to in paragraph 4 with regards to specific plants, where so justified by the length of the cultivation period of those plants; and
requirements as to the accessibility of the records to be kept by the professional operators referred to in paragraphs 1 and 2.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
Article 70
Movements of plants, plant products and other objects within and between the premises of the professional operator
The first subparagraph shall not apply to the professional operators referred to in points (c) and (d) of the first subparagraph of Article 65(3).
CHAPTER VI
Certification of plants, plant products and other objects
Article 71
Phytosanitary certificate for introduction into the Union territory
A phytosanitary certificate for introduction of plants, plant products and other objects into the Union territory shall be a document, issued by a third country, which fulfils the conditions of Article 76, has the contents set out in Part A of Annex V, or, where applicable, Part B of Annex V, and certifies that the plant, plant product or other object concerned complies with all of the following requirements:
it is free from Union quarantine pests and pests subject to measures adopted pursuant to Article 30(1);
it complies with the provisions of Article 37(1) concerning the presence of Union regulated non-quarantine pests on plants for planting;
it complies with the requirements referred to in Article 41(2) and (3) or, where applicable, Article 54(2) and (3);
where applicable, it complies with rules adopted in accordance with the provisions adopted pursuant to point (d) of the first subparagraph of Article 28(1), Article 28(2) and Article 30(1).
Article 72
Plants, plant products and other objects for which phytosanitary certificates are required
That list shall include:
all plants for planting, other than seeds;
the plants, plant products and other objects listed in Point I of Part B of Annex V to Directive 2000/29/EC;
plants, plant products and other objects for which requirements have been adopted pursuant to point (d) of the first subparagraph of Article 28(1) and Article 30(1) concerning their introduction into the Union territory;
seeds or, as applicable, seed potatoes listed in the implementing act provided for in Article 37(2) of this Regulation and subject to equivalence decisions adopted pursuant to Directives 66/401/EEC, 66/402/EEC, 98/56/EC, 1999/105/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC;
plants, plant products and other objects listed in the implementing acts provided for in Article 41(2) and (3); and
plants, plant products and other objects subject to points (a) and (b) of the second subparagraph of Article 49(2).
Points (a) to (e) of the first subparagraph shall not apply and a phytosanitary certificate shall not be required where an implementing act adopted pursuant to point (d) of the first subparagraph of Article 28(1), Article 30(1) or Article 41(2) and (3) requires proof of compliance in the form of an official mark, as referred to in Article 96(1), or another official attestation, as referred to in Article 99(1).
In the list established by that implementing act, the plants, plant products and other objects shall also be identified by their respective CN code, where that code is available. Other codes laid down by Union legislation shall, in addition, be referred to where they specify further the applicable CN code for a specific plant, plant product or other object.
The Commission shall, by means of an implementing act, amend the implementing act referred to in paragraph 1 in any of the following cases:
where a plant, plant product or other object listed in that act does not fulfil point (c), (d) or (e) of the first subparagraph of paragraph 1;
where a plant, plant product or other object not listed in that act fulfils point (c), (d) or (e) of the first subparagraph of paragraph 1.
Article 73
Other plants for which phytosanitary certificates are required
The Commission shall, by means of implementing acts, provide that for plants, other than the plants included in the list referred to in Article 72(1), a phytosanitary certificate is required for introduction into the Union territory.
However, those implementing acts shall provide that a phytosanitary certificate is not required for those plants where an assessment, based on evidence about pest risks and experience with trade, demonstrates that such a certificate is not necessary. That assessment shall take into account the criteria set out in Annex VI. Where appropriate, that assessment may only concern plants of a particular third country of origin or dispatch, or a group of third countries of origin or dispatch.
In the list established by those implementing acts, the plants shall also be identified by their respective CN code, where that code is available.
Other codes laid down by Union legislation shall, in addition, be referred to where they specify further the applicable CN code for a specific plant, plant product or other object.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2). The first of those acts shall be adopted by 14 December 2018.
Article 74
Plants, plant products and other objects for which phytosanitary certificates are required for introduction into a protected zone
The Commission shall, by means of implementing acts, establish a list of those plants, plant products and other objects, and the respective third countries of origin or dispatch referred to in the first subparagraph.
That list shall include:
in the first of those implementing acts, the plants, plant products and other objects listed in Point II of Part B of Annex V to Directive 2000/29/EC;
plants, plant products and other objects listed in the implementing acts provided for in Article 54(2) or (3) of this Regulation.
In the list established by those implementing acts, the plants, plant products and other objects shall also be identified by their respective CN code where that code is available. Other codes laid down by Union legislation shall, in addition, be referred to where they specify further the applicable CN code for a specific plant, plant product or other object.
A phytosanitary certificate shall not be required for plants, plant products and other objects on that list where an implementing act adopted pursuant to Article 54(2) or (3) requires proof of compliance in the form of an official mark, as referred to in Article 96(1), or another official attestation, as referred to in Article 99(1).
The Commission shall, by means of implementing acts, amend the implementing act referred to in paragraph 1 in the following cases:
where a plant, plant product or other object listed in that act does not fulfil point (b) of the third subparagraph of paragraph 1;
where a plant, plant product or other object not listed in that act fulfils point (b) of the third subparagraph of paragraph 1.
Article 75
Exceptions for travellers' luggage
Small quantities of particular plants, other than plants for planting, and of plant products and other objects from a third country may be exempted from the requirement for a phytosanitary certificate set out in accordance with Article 72(1), Article 73 or Article 74(1), if they comply with all of the following conditions:
they are introduced into the Union territory as part of travellers' personal luggage;
they are not to be used for professional or commercial purposes;
they are listed in an implementing act provided for in paragraph 2 of this Article.
That listing and the setting out of the maximum quantity concerned and, where appropriate, the risk management measures shall be decided on the basis of the pest risk posed by small quantities of those plants, plant products and other objects, in accordance with the criteria set out in Section 2 of Annex II.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
Article 76
Conditions to be fulfilled by a phytosanitary certificate
It shall not accept that phytosanitary certificate where the additional declaration referred to in Article 71(2), where applicable, is not present or not correct, and where the statement referred to in Article 71(3), where applicable, is not present.
It shall not accept a phytosanitary certificate for re-export if that phytosanitary certificate is not accompanied by the original phytosanitary certificate for export, or a certified copy of the original phytosanitary certificate for export.
The competent authority shall only accept a phytosanitary certificate if it fulfils the following requirements:
it is issued in at least one of the official languages of the Union;
it is addressed to the national plant protection organisation of a Member State; and
it has been issued no more than 14 days before the date on which the plants, plant products or other objects covered by it have left the third country in which it was issued.
The Commission is empowered to adopt delegated acts, in accordance with Article 105, to supplement this Regulation concerning the conditions for acceptance referred to in the first subparagraph of this paragraph, to ensure the reliability of those certificates.
Article 77
Invalidation of phytosanitary certificate
Upon invalidation, the certificate concerned shall bear on its face and in a prominent position a triangular stamp in red, marked ‘certificate cancelled’ from the respective competent authority, together with its denomination and the date of invalidation. It shall be in capital letters, and in at least one of the official languages of the Union.
The third country which had issued that phytosanitary certificate shall also be notified by the Member State concerned.
Article 78
Plant passports
A plant passport shall be an official label for movement of plants, plant products and other objects within the Union territory and, where applicable, into and within protected zones, which attests compliance with all requirements set out in Article 85 and, for movement into and within protected zones, Article 86, and has the content and format set out in Article 83.
Article 79
Plants, plant products and other objects for which a plant passport is required for movement within the Union territory
That list shall include:
all plants for planting, other than seeds;
in the first of those implementing acts, the plants, plant products and other objects listed in point (I) of Part (A) of Annex V to Directive 2000/29/EC, provided that they are not already covered by point (a) of this subparagraph;
plants, plant products and other objects for which requirements have been adopted pursuant to Article 28(1), (2) or (3) or Article 30(1), (3) or (4) concerning their movement within the Union territory;
seeds listed in the implementing act provided for in Article 37(2); and
plants, plant products and other objects listed in the implementing acts provided for in Article 41(2) and (3) with regard to their movement within the Union, with the exception of plants for planting, plant products and other objects requiring another specific label or other type of attestation pursuant to that Article.
The Commission shall, by means of implementing acts, amend the implementing act referred to in paragraph 1 in the following cases:
where a plant, plant product or other object not listed in that act fulfils point (c), (d) or (e) of the second subparagraph of paragraph 1; or
where a plant, plant product or other object listed in that act does not fulfil point (c), (d) or (e) of the second subparagraph of paragraph 1.
Article 80
Plants, plant products and other objects for which a plant passport is required for introduction into, and movement within, protected zones
The Commission shall, by means of implementing acts, establish a list of those plants, plant products and other objects for which a plant passport is required for their introduction into, and movement within, certain protected zones.
That list shall include:
in the first of those implementing acts, the plants, plant products and other objects listed in point (II) of Part A of Annex V to Directive 2000/29/EC;
other plants, plant products and other objects listed in the implementing acts provided for in Article 54(3) of this Regulation.
The Commission may, by means of implementing acts, amend the implementing act referred to in paragraph 1 in the following cases:
where a plant, plant product or other object not listed in that act fulfils point (b) of the third subparagraph of paragraph 1; or
where a plant, plant product or other object listed in that act does not fulfil point (b) of the third subparagraph of paragraph 1.
Article 81
Exception for direct supply to final users
That exception shall not apply to:
final users receiving those plants, plant products or other objects by means of sales through distance contracts; or
final users of plants, plant products or other objects for which a plant passport for protected zones is required pursuant to Article 80.
The Commission may, by means of implementing acts, specify that the requirements of point (b) of the second subparagraph shall only apply for particular protected zone pests, plants, plant products or other objects. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
Article 82
Exceptions for movements within and between the premises of a registered operator
No plant passport shall be required for the movements of plants, plant products and other objects within and between the premises of the same registered operator which are in close proximity to each other.
Member States may further define close proximity in their respective territories and whether any documents need to be issued for those movements instead of the plant passport.
Where such movements take place within two or more Member States, the exception from the requirement for a plant passport shall require approval by the competent authorities of the Member States concerned.
Article 83
Content and format of the plant passport
The plant passport shall be easily visible and clearly legible, and the information on it shall be unchangeable and durable.
By way of derogation from point 1(e) of Part A of Annex VII, the traceability code shall not be required where plants for planting fulfil all of the following conditions:
they are prepared in such a way that they are ready for the sale to final users without any further preparation and no risk exists concerning the spread of Union quarantine pests or pests subject to measures adopted pursuant to Article 30(1);
they do not belong to types or species listed in an implementing act provided for in paragraph 3 of this Article.
Where this paragraph applies, the plant passport for movement within the Union territory shall contain the elements set out in Part C of Annex VII to this Regulation.
Where this paragraph applies, the plant passport for introduction into, and movement within, a protected zone shall contain the elements set out in Part D of Annex VII to this Regulation.
Where the nature of particular plants, plant products or other objects so requires, specific size specifications for the plant passport may be set out for such plants, plant products or other objects.
The Commission may, by means of implementing acts, set out technical arrangements for the issuance of electronic plant passports, to ensure their compliance with the provisions of this Article and an appropriate, credible and effective mode for the issuance of those plant passports. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
Article 84
Issuance of plant passports by authorised professional operators and competent authorities
Authorised operators shall issue plant passports only for the plants, plant products or other objects for which they are responsible.
Article 85
Substantive requirements for a plant passport for movement within the Union territory
A plant passport shall be issued for movement within the Union territory for a plant, plant product or other object which fulfils the following requirements:
it is free from Union quarantine pests or pests subject to measures adopted pursuant to Article 30(1);
it complies with the provisions of Article 37(1) concerning the presence of Union regulated non-quarantine pests on plants for planting and the provisions of Article 37(4) concerning the measures to be taken;
it complies with the requirements concerning its movement within the Union, as referred to in Article 41(2) and (3);
where applicable, it complies with rules adopted in accordance with the relevant measures adopted pursuant to Article 17(3), points (a) to (d) of the first subparagraph of Article 28(1), Article 28(2) and Article 30(1) and (3); and
where applicable, it complies with measures adopted by the competent authorities for the eradication of Union quarantine pests pursuant to Article 17(1) or pests subject to measures adopted pursuant to Article 30(1) and the eradication of pests provisionally qualifying as Union quarantine pests pursuant to Article 29(1).
Article 86
Substantive requirements for a plant passport for movement into and within a protected zone
A plant passport shall be issued for introduction into, and movement within, a protected zone for a plant, plant product and other object which fulfils all of the requirements of Article 85, and in addition the following requirements:
it is free from the respective protected zone quarantine pest; and
it complies with the requirements referred to in Article 54(2) and (3).
Article 87
Examinations for plant passports
Plants, plant products and other objects may either be examined individually or by representative samples. The examination shall also cover the packaging material of the plants, plant products or other objects concerned.
The examination shall be carried out by the authorised operator. However, in the following cases, the examination shall be carried out by the competent authority:
where point (c) of the first subparagraph of paragraph 3 of this Article applies concerning inspections, sampling and testing;
where Article 84(2) applies; or
where an examination is carried out in the immediate vicinity as referred to in point (b) of the first subparagraph of paragraph 3 of this Article and the authorised operator does not have access to that immediate vicinity.
The examination shall fulfil all of the following conditions:
it shall be carried out at appropriate times and taking into account the risks involved;
it shall be carried out at the premises referred to in point (d) of Article 66(2). Where so required by the implementing acts adopted pursuant to Article 28(1), Article 30(1), Article 37(4), Article 41(2) or Article 54(2), an examination shall also be carried out in the immediate vicinity of the place of production of the plants, plant products or other object concerned;
it shall be made at least by visual examination, complemented by:
inspections, sampling and testing by the competent authority in the event of suspicion of the presence of a Union quarantine pest or pests subject to measures adopted pursuant to Article 30(1), or in the event of the suspicion of the presence of a protected zone quarantine pest in the respective protected zone; or
sampling and testing in the event of suspicion of the presence of a Union regulated non-quarantine pest, where applicable above the respective thresholds;
its results shall be recorded and stored for at least three years.
That examination shall take place without prejudice to any specific examination requirements or measures adopted in accordance with Article 28(1), (2) or (3), Article 30(1), (3) or (4), Article 37(4), Article 41(2) or (3) or Article 54(2) or (3). Where those examination requirements or measures require the examination to be carried out by the competent authority, that examination shall not be carried out by the authorised operator referred to in paragraph 2 of this Article.
Where the Commission adopts such delegated acts for specific plants for planting, and those plants for planting are subject to certification schemes pursuant to Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC and 2008/90/EC, the Commission shall set out the requirements as regards the examinations for the presence of Union quarantine pests or pests subject to measures adopted pursuant to Article 30(1) of this Regulation and Union regulated non-quarantine pests and the examinations for other characteristics of the plants for planting pursuant to those Directives in a single certification scheme.
When adopting those delegated acts, the Commission shall take into account the development of scientific and technical knowledge and international standards.
Article 88
Attaching of the plant passports
Plant passports shall be attached by the professional operators concerned to the trade unit of the plants, plant products and other objects concerned before they are moved within the Union territory pursuant to Article 79 or into or within a protected zone pursuant to Article 80. Where such plants, plant products or other objects are moved in a package, bundle or container, the plant passport shall be attached to that package, bundle or container.
The Commission may, by means of implementing acts, set out provisions:
determining the plants, plant products and other objects which, by way of derogation from the first paragraph, may be moved within the Union with a plant passport associated with them in a way other than that of a physical attachment, due to their size, shape or way of packaging that make that attachment impossible or very difficult; and
providing for rules to ensure that the plant passport concerned, although not attached, still refers to the respective plants, plant products and other objects.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
Article 89
Authorisation of professional operators to issue plant passports
The competent authority shall grant an authorisation to a professional operator to issue plant passports (‘the authorisation to issue plant passports’) for particular families, genera or species, and commodity types of plants, plant products and other objects where that professional operator complies with both of the following conditions:
it possesses the necessary knowledge to carry out the examinations referred to in Article 87 concerning the Union quarantine pests or pests subject to measures adopted pursuant to Article 30(1), protected zone quarantine pests and Union regulated non-quarantine pests that could affect the plants, plant products and other objects concerned, and concerning the signs of the presence of those pests, the symptoms caused by them, and the means to prevent the presence and spread of those pests;
it has in place systems and procedures enabling it to fulfil its obligations concerning traceability pursuant to Articles 69 and 70.
Article 90
Obligations of authorised operators
It shall keep for at least three years records concerning the identification and monitoring of those points.
Article 91
Pest risk management plans
Authorised operators may have in place pest risk management plans. The competent authority shall approve those plans, if they fulfil all of the following conditions:
they set out measures which are appropriate for those operators to fulfil the obligations set out in Article 90(1);
they fulfil the requirements set out in paragraph 2 of this Article.
Authorised operators implementing an approved pest risk management plan may be subject to inspections with a reduced frequency, as referred to in point (b) of Article 22(3) of Regulation ►C1 (EU) 2017/625 ◄ .
The pest risk management plans shall cover, where appropriate in the form of standard operating procedure manuals, at least the following:
the information required under Article 66(2) concerning the registration of the authorised operator;
the information required under Articles 69(4) and 70(1) concerning the traceability of plants, plant products and other objects;
a description of the production processes of the authorised operator and its activities as regards movement and sales of plants, plant products and other objects;
an analysis of the critical points referred to in Article 90(1) and the measures taken by the authorised operator to mitigate the pest risks associated with those critical points;
the procedures in place and actions foreseen where quarantine pests are suspected or found to be present, the recording of those suspicions or findings and the recording of the actions taken;
the roles and responsibilities of the personnel involved in the notifications referred to in Article 14, the examinations referred to in Article 87(1), the issuance of plant passports pursuant to Article 84(1), Article 93(1) and (2) and Article 94, and the attaching of plant passports pursuant to Article 88; and
the training provided to the personnel referred to in point (f) of this paragraph.
Where the competent authority has taken measures in accordance with the first subparagraph other than the withdrawal of the approval of the plan, and the non-compliance continues, that authority shall without delay withdraw that approval.
Article 92
Inspections and withdrawal of authorisation
Those measures may include the withdrawal of the authorisation to issue plant passports for the plants, plant products and other objects concerned.
Article 93
Replacing a plant passport
A plant passport, as provided for in paragraphs 1 and 2, may only be issued if the following conditions are fulfilled:
the traceability requirements referred to in Article 69(3) concerning the plants, plant products or other objects concerned are fulfilled;
as applicable, the plants, plant products or other objects concerned continue to comply with the requirements referred to in Articles 85 and 86; and
the characteristics of the plants, plant products or other objects concerned have not changed.
Where the replacement of a plant passport pursuant to paragraph 1 or 2 is carried out by the competent authority, the professional operator on whose request it is issued shall retain the replaced plant passport or its content for at least three years.
That retainment may take the form of storage of the information contained in the plant passport in a computerised database, provided that this includes the information contained in any traceability barcode, hologram, chip or other data carrier which may supplement the traceability code as referred to in Annex VII.
Article 94
Plant passports replacing phytosanitary certificates
The replacement of a phytosanitary certificate by a plant passport may be carried out at the place of destination of the plant, plant product or other object concerned, instead of the point of entry, where checking at the place of destination is allowed, as referred to in Union legislation on official controls.
By way of derogation from the first subparagraph of paragraph 1, Member States may decide to replace a phytosanitary certificate at the point of entry of the plant, plant product or other object concerned into the Union territory by:
a certified copy of the original phytosanitary certificate; that copy shall be issued by the competent authority and shall accompany the movement of the plant, plant product or other object concerned only up to the point where the plant passport is issued; or
the information contained in the electronic notification system referred to in Article 103, provided that the electronic phytosanitary certificate or a digital copy of the phytosanitary certificate is accessible in that system and is made available, upon request of competent authorities, during the movement of the plant, plant product or other object concerned up to the point where the plant passport is issued.
Where point (a) of Article 101(2) applies, that phytosanitary certificate shall be replaced by a certified copy thereof.
Article 95
Invalidation and removal of the plant passport
Without prejudice to the notification obligation referred to in Article 14, that professional operator shall inform the competent authority under the competence of which it operates.
That retention may take the form of storage of the information contained in the invalidated plant passport in a computerised database, provided that this includes the information contained in any traceability barcode, hologram, chip or other data carrier which may supplement the traceability code as referred to in Annex VII, and a statement concerning that invalidation.
Article 96
Marking of wood packaging material, wood, or other objects
The mark applied on wood packaging material, wood or other objects to attest that a treatment has been applied in accordance with Annex 1 to ISPM15 shall comply with the requirements set out in Annex 2 to ISPM15 in all of the following cases:
wood packaging material introduced into the Union territory from a third country, as referred to in Article 43;
wood packaging material marked within the Union territory, moving out of the Union territory;
wood packaging material, wood or other objects moving within the Union territory, if required so by an implementing act adopted pursuant to Article 28, 30, 41 or 54;
any other wood packaging material, wood or other object marked within the Union territory.
The mark shall only be applied where the wood packaging material, wood or other objects have been subject to one or more of the approved treatments referred to in Annex 1 to ISPM15, without prejudice to Regulations (EC) No 1005/2009 ( 6 ), (EC) No 1107/2009 ( 7 ) and (EU) No 528/2012 ( 8 ) of the European Parliament and of the Council.
For wood packaging material, wood or other objects marked in the Union territory, the mark shall only be applied by a registered operator authorised in accordance with Article 98.
Points (a) and (b) of the first subparagraph shall not apply to wood packaging material which is subject to the exemptions provided for in ISPM15.
Article 97
Repairing of wood packaging material in the Union territory
Wood packaging material that is marked with the mark referred to in Article 96 shall only be repaired if all of the following conditions are fulfilled:
the person carrying out that repair is a registered operator authorised in accordance with Article 98;
the material and treatment used are eligible for repair;
the mark is applied anew, as appropriate.
Article 98
Authorisation and supervision of registered operators applying the mark of wood packaging material in the Union territory
An authorisation to apply the mark referred to in Article 96 and to repair wood packaging material in accordance with Article 97 shall be granted by the competent authority on application to a registered operator provided that the registered operator fulfils both of the following conditions:
it possesses the necessary knowledge to carry out the treatment of the wood packaging material, wood and other objects required pursuant to the acts referred to in Articles 96 and 97;
it operates appropriate facilities and equipment to carry out that treatment (‘treatment facilities’);
The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing this Regulation by specifying the requirements for authorisation, where appropriate in view of the development of scientific and technical knowledge and international standards.
An authorisation to apply the mark referred to in Article 96 and to repair wood packaging material according to Article 97 shall be granted by the competent authority on application to a registered operator using wood treated in a facility of another operator, provided that it fulfils all of the following conditions in respect of wood packaging material marked with that mark:
it exclusively uses wood:
which has been subject to one or more of the approved treatments referred to in Annex 1 of ISPM15 and has been treated in facilities operated by a registered operator authorised pursuant to paragraph 1 of this Article; or
which has been subject to one or more of the approved treatments referred to in Annex 1 of ISPM15 in a treatment facility in a third country that has been approved by the national plant protection organisation of that third country;
it ensures that the wood used for that purpose can be traced back to those treatment facilities in the Union territory or to the third country treatment facilities concerned;
where applicable pursuant to Article 28(1) and (2), Article 30(1) and (3), Article 41(2) and (3) and Article 54(2) and (3), it exclusively uses wood referred to in point (a) of this subparagraph which is accompanied by a plant passport or any other document providing guarantees that the treatment requirements referred to in Annex 1 to ISPM15 are fulfilled.
Where the competent authority has taken those measures other than the withdrawal of the authorisation referred to in paragraphs 1 or 2, and the non-compliance continues, that authority shall without delay withdraw the authorisation referred to in paragraphs 1 or 2.
Article 99
Attestations other than the mark of wood packaging material
The delegated acts referred to in paragraph 1 may also set out requirements concerning one or more of the following:
the authorisation of professional operators as regards the issuance of the official attestations referred to in paragraph 1;
the supervision by the competent authority of the professional operators authorised pursuant to point (a) of this paragraph;
the withdrawal of that authorisation referred to in point (a) of this paragraph.
Article 100
Phytosanitary certificate for export from the Union
Where, for the export of a plant, plant product or other object from the Union territory to a third country, a phytosanitary certificate is required by the phytosanitary import requirements of that third country (‘phytosanitary certificate for export’), that certificate shall be issued by the competent authority, at the request of the professional operator, when all of the following conditions are fulfilled:
the professional operator is registered by that competent authority in accordance with Article 65;
the professional operator has under its control the plant, plant product or other object to be exported;
it is ensured that that plant, plant product or other object complies with the phytosanitary import requirements of the third country concerned.
The competent authority shall also issue a phytosanitary certificate for export at the request of persons other than professional operators, provided that the conditions set out in points (b) and (c) of the first subparagraph are fulfilled.
For the purpose of this paragraph, the competent authority shall not delegate the issuance of the phytosanitary certificate for export to any other person.
Without prejudice to obligations under the IPPC, and taking into account the relevant international standards, the phytosanitary certificate for export shall be issued where the information available allows the competent authority to certify compliance of the plant, plant product or other object concerned with the phytosanitary import requirements of the third country concerned. That information may originate from one or more of the following elements, as applicable:
inspections, sampling and testing of the plants, plant products or other objects concerned, or their place of production and its vicinities;
official information on the pest status in the production site, place of production, area or country of origin of the plants, plant products or other objects concerned;
a plant passport, as referred to in Article 78, accompanying the plants, plant products or other objects concerned, where that plant passport attests the results of inspections by the competent authority;
the mark of wood packaging material as referred to in Article 96(1), or the attestations referred to in Article 99(1);
the information included in the pre-export certificate referred to in Article 102;
official information included in the phytosanitary certificate as referred to in Article 71, where the plants, plant products or other objects concerned have been introduced into the Union territory from a third country.
Article 101
Phytosanitary certificate for re-export from the Union
The phytosanitary certificate for re-export shall be issued by the competent authority at the request of the professional operator when all of the following conditions are fulfilled:
that professional operator is registered by that competent authority in accordance with Article 65;
the professional operator has under its control the plant, plant product or other object to be re-exported;
it is ensured that that plant, plant product or other object complies with the phytosanitary import requirements of the third country concerned.
The competent authority shall also issue a phytosanitary certificate for re-export at the request of persons other than professional operators, provided that the conditions set out in points (b) and (c) of the second subparagraph are fulfilled.
For the purpose of this paragraph, the competent authority shall not delegate the issuance of the phytosanitary certificate for re-export to any other person.
Without prejudice to obligations under the IPPC, and taking into account the relevant international standards, the phytosanitary certificate for re-export shall be issued where the information available allows certifying of compliance with the phytosanitary import requirements of the third country concerned and that all of the following conditions are complied with:
the original phytosanitary certificate accompanying the plant, plant product or other object concerned from the third country of origin, or a certified copy of it, is attached to the phytosanitary certificate for re-export;
the plant, plant product or other object concerned has not been grown, produced or processed to change its nature since its introduction in the Union territory;
the plant, plant product or other object concerned has not been exposed to any risk of infestation or contamination with quarantine pests or regulated non-quarantine pests, listed as such by the third country of destination, during storage in the Member State from which it is to be exported to that third country;
the identity of the plant, plant product or other object concerned has been maintained.
Article 102
Pre-export certificates
The exchange of information referred to in paragraph 1 shall take the form of a harmonised document (‘pre-export certificate’), in which the competent authorities of the Member State, in which the plants, plant products and other objects were grown, produced, stored or processed, certify compliance of those plants, plant products or other objects with specific phytosanitary requirements concerning one or more of the following:
the absence, or presence below a specified threshold, of particular pests in the plants, plants products or other objects concerned;
the origin of the plants, plant products or other objects concerned in a specific field, production site, place of production or area;
the pest status in the field, production site, place of production or area of origin or country of origin of the plants, plant products or other objects concerned;
the results of the inspections, sampling and testing of the plants, plant products or other objects concerned;
the phytosanitary procedures applied to the production or processing of the plants, plant products or other objects concerned.
The Commission is empowered to adopt delegated acts in accordance with Article 105 amending Part C of Annex VIII in order to adapt it to the development of scientific and technical knowledge and of relevant international standards.
CHAPTER VII
Supporting measures by the Commission
Article 103
Establishment of electronic notification system
The Commission shall establish an electronic system for the submission of notifications and reports by the Member States.
That system shall be connected to, and compatible with, the IMSOC.
Article 104
Information items, format and deadlines of notifications, and notifications in the case of suspected presence of pests
The Commission may, by means of implementing acts, lay down specific rules concerning the submission of notifications referred to in Article 9(1) and (2), Article 11, Article 17(3), Article 18(6), Article 19(2) and (8), Article 28(7), Article 29(3), first subparagraph, Article 30(8), Article 33(1), Article 37(10), Article 40(4), Article 41(4), Article 46(4), Article 49(6), Article 53(4), Article 54(4), Article 60(2), Article 77(2) and Article 95(5). Those rules shall concern one or more of the following elements:
the information items to be included in those notifications;
the format of those notifications and instructions on how to fill in that format;
deadlines for the submission of particular information items as referred to in point (a);
the cases where the suspected presence of a pest shall be notified due to the need to take swift action in view of its biology and possibility of rapid and wide spread;
the cases of non-compliance to be notified where that non-compliance creates a risk for spread of a Union quarantine pest or a pest provisionally qualifying as Union quarantine pest.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
CHAPTER VIII
Final provisions
Article 105
Exercise of the delegation
The power to adopt delegated acts referred to in Article 42(1a) and Article 42a(3) shall be conferred on the Commission for a period of five years from 5 January 2025. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Article 106
Urgency procedure
Article 107
Committee procedure
Article 108
Penalties
The Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
The Member States shall notify those provisions to the Commission by 14 December 2019 and shall notify it without delay of any subsequent amendments affecting them.
Article 109
Repeals
The following Directives are repealed:
Directive 69/464/EEC;
Directive 74/647/EEC;
Directive 93/85/EEC;
Directive 98/57/EC;
Directive 2006/91/EC;
Directive 2007/33/EC.
Article 110
Amendment of Regulation (EU) No 228/2013
In Article 24(2) of Regulation (EU) No 228/2013, the following subparagraph is added:
‘Union financing of the programmes for the control of pests in the outermost regions of the Union shall be implemented in accordance with Regulation (EU) No 652/2014 of the European Parliament and of the Council ( *1 ).
Article 111
Amendment of Regulation (EU) 652/2014
Regulation (EU) No 652/2014 is amended as follows:
in Article 1, point (e) is replaced by the following:
‘(e) on protective measures against pests of plants;’;
in Article 5(2), the following point is added:
‘(c) the programmes for the control of pests in the outermost regions of the Union as referred to in Article 25;’;
in Article 16(1), points (a), (b) and (c) are replaced by the following:
measures to eradicate a pest from an infested area, taken by the competent authorities pursuant to Article 17(1), Article 28(1), Article 29(1) or Article 30(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council ( *2 );
measures to contain a priority pest, listed pursuant to Article 6(2) of Regulation (EU) 2016/2031, against which Union containment measures have been adopted pursuant to Article 28(2) of that Regulation, in an infested area from which that priority pest cannot be eradicated, where those measures are essential to protect the Union territory against further spread of that priority pest. Those measures shall concern the eradication of that pest from the buffer zone surrounding that infested area if it is found to be present in that buffer zone; and
prevention measures taken against the spread of a priority pest, listed pursuant to Article 6(2) of Regulation (EU) 2016/2031, against which Union measures have been adopted pursuant to Article 28(3) of that Regulation, where those measures are essential to protect the Union territory against further spread of that priority pest.
Article 17 is replaced by the following:
‘Article 17
Conditions
The measures referred to in Article 16 may qualify for grants provided that they have been applied immediately and the applicable provisions laid down in the relevant Union law have been complied with, and provided that one or more of the following conditions are fulfilled:
they concern Union quarantine pests, listed pursuant to Article 5(2) of Regulation (EU) 2016/2031 as not known to occur in the Union territory;
they concern pests, not listed as Union quarantine pests, which are subject to a measure adopted by the competent authority of a Member State pursuant to Article 29(1) of Regulation (EU) 2016/2031;
they concern pests, not listed as Union quarantine pests, which are covered by a measure adopted by the Commission pursuant to Article 30(1) of Regulation (EU) 2016/2031;
they concern priority pests listed pursuant to Article 6(2) of Regulation (EU) 2016/2031.
For measures fulfilling the condition laid down in point (b) of the first paragraph, the grant shall not cover costs incurred later than two years after the entry into force of the measure adopted by the competent authority of the Member State concerned pursuant to Article 29 of Regulation (EU) 2016/2031, or incurred after the expiry of that measure. For measures fulfilling the condition laid down in point (c) of the first paragraph, the grant shall not cover costs incurred after the expiry of the measure adopted by the Commission pursuant to Article 30(1) of Regulation (EU) 2016/2031.’;
in paragraph 1 of Article 18, point (d) is replaced by the following:
‘(d) costs of compensation to the owners concerned for the value of the destroyed plants, plant products or other objects subject to the measures referred to in Article 16, limited to the market value of such plants, plant products and other objects as if they were not affected by those measures; the salvage value, if any, shall be deducted from the compensation; and’;
Article 19 is amended as follows:
the first paragraph is replaced by the following:
‘Grants may be awarded to Member States for annual and multiannual survey programmes that they carry out concerning the presence of pests (“survey programmes”), provided that those survey programmes comply with at least one of the following three conditions:
they concern Union quarantine pests listed pursuant to Article 5(2) of Regulation (EU) 2016/2031 as not known to occur in the Union territory;
they concern priority pests listed pursuant to Article 6(2) of Regulation (EU) 2016/2031; and
they concern pests not listed as Union quarantine pests which are covered by a measure adopted by the Commission pursuant to Article 30(1) of Regulation (EU) 2016/2031.’;
the third paragraph is replaced by the following:
‘For measures fulfilling the condition laid down in point (c) of the first paragraph, the grant shall not cover costs incurred after the expiry of the measure adopted by the Commission pursuant to Article 30(1) of Regulation (EU) 2016/2031.’;
in Article 20, a new point is inserted before point (a):
‘(-a) costs for visual examinations;’;
in Article 47, point 2 is replaced by the following:
‘(2) The following Article is inserted:
“Article 15a
Member States shall provide that anyone who becomes aware of the presence of a pest listed in Annex I or Annex II or a pest covered by a measure pursuant to Article 16(2) or 16(3), or has reason to suspect such a presence, shall immediately notify the competent authority, and, if so requested by that competent authority, shall provide the information concerning that presence which is in its possession. Where the notification is not submitted in writing, the competent authority shall officially record it.”.’.
Article 112
Amendment of Regulation (EU) No 1143/2014
In Article 2(2) of Regulation (EU) No 1143/2014, point (d) is replaced by the following:
‘(d) pests of plants listed pursuant to Article 5(2) or Article 32(3), or subject to measures pursuant to Article 30(1), of Regulation (EU) 2016/2031 of the European Parliament and of the Council ( *3 );
Article 113
Entry into force and application
It shall apply from 14 December 2019. However:
point 8 of Article 111 shall apply from 1 January 2017;
Article 100(3) and Article 101(4) shall apply from 1 January 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
CRITERIA FOR THE QUALIFICATION OF PESTS ACCORDING TO THEIR RISK TO THE UNION TERRITORY
SECTION 1
Criteria to identify pests which qualify as a quarantine pest, as referred to in Article 3, Article 6(1), Article 7, Article 29(2), Article 30(2) and Article 49(3)
(1) Identity of the pest
The taxonomic identity of the pest shall be clearly defined or, alternatively, the pest shall have been shown to produce consistent symptoms and to be transmissible.
The taxonomic identity of the pest shall be defined at species level or, alternatively, a higher or lower taxonomic level, where that taxonomic level is scientifically appropriate based on its virulence, host range or vector relationships.
(2) Presence of the pest in the territory in question
One or more of the following conditions shall apply:
the pest is not known to be present in the territory in question;
the pest is not known to be present in the territory in question, except in a limited part of it;
the pest is not known to be present in the territory in question, except for scarce, irregular, isolated and infrequent presences in it.
Where point (b) or (c) applies, the pest shall be considered to be not widely distributed.
(3) Capability of entry, establishment and spread of the pest in the territory in question
(a) Capability of entry
The pest shall be considered capable of entry into the territory in question, or, if present but not widely distributed, into the part of that territory where it is absent (‘relevant part of the endangered area’), either by natural spread, or if all of the following conditions are fulfilled:
it is associated, as regards plants, plant products or other objects which are moved into the territory in question, with those plants, plant products and other objects in the territory where they originate or from where they are moved into the territory in question;
it survives during transport or storage;
it may be transferred to a suitable host plant, plant product or other object in the territory in question.
(b) Capability of establishment
The pest shall be considered capable of ‘establishment’ in the territory in question, or, if present but not widely distributed, in the part of that territory where it is absent, if all of the following conditions are fulfilled:
hosts of the pest and, where relevant, vectors for transmission of the pest are available;
the decisive environmental factors are favourable for the pest concerned and, where applicable, its vector, enabling it to survive periods of climatic stress and complete its life cycle;
cultivation practices and control measures applied in that territory are favourable;
the survival methods, reproductive strategy, genetic adaptability of the pest and its minimum viable population size support its establishment.
(c) Capability of spread
The pest shall be considered capable of territorial spread in the territory in question, or, if present but not widely distributed, in the part of that territory where it is absent, if one or more of the following conditions is fulfilled:
the environment is suitable for natural spread of the pest;
barriers to natural spread of the pest are insufficient;
commodities or conveyances allow for movement of the pest;
hosts and, where relevant, vectors of the pest are present;
cultivation practices and control measures applied in that territory are favourable;
natural enemies and antagonists of the pest are not present or not sufficiently capable of suppressing the pest.
(4) Potential economic, social and environmental impact
The entry, establishment and spread of the pest in the territory in question, or, if present but not widely distributed, in the part of that territory where it is absent, shall have an unacceptable economic, social and/or environmental impact on that territory, or the part of that territory where it is not widely distributed, as regards one or more of the following points:
crop losses in terms of yield and quality;
costs of control measures;
costs of replanting and/or losses due to the necessity of growing substitute plants;
effects on existing production practices;
effects on street trees, parks and natural and planted areas;
effects on native plants, biodiversity and ecosystem services;
effects on the establishment, spread and impact of other pests, for example due to the capacity of the pest concerned to act as a vector for other pests;
changes to producer costs or input demands, including control costs and costs of eradication and containment;
effects on producer profits that result from changes in quality, production costs, yields or price levels;
changes to domestic or foreign consumer demand for a product resulting from quality changes;
effects on domestic and export markets and prices paid, including effects on export market access and likelihood of phytosanitary restrictions imposed by trading partners;
resources needed for additional research and advice;
environmental and other undesired effects of control measures;
effects on Natura 2000 or other protected areas;
changes in ecological processes and the structure, stability or processes of an ecosystem, including further effects on plant species, erosion, water table changes, fire hazards, nutrient cycling;
costs of environmental restoration and prevention measures;
effects on food security and food safety;
effects on employment;
effects on water quality, recreation, tourism, landscape heritage, animal grazing, hunting, fishing.
SECTION 2
Criteria to identify Union quarantine pests which qualify as a priority pest as referred to in Article 6(1) and (2)
Union quarantine pests shall be considered to have the most severe economic, social or environmental impact in respect of the Union territory if their entry, establishment and spread fulfils one or more of the following points:
Economic impact: the pest has the potential to cause major losses in terms of the direct and indirect effects referred to in point (4) of Section 1 for plants with a significant economic value in the Union territory.
The plants referred to in the first subparagraph may be trees that are not in production.
Social impact: the pest has the potential to cause one or more of the following effects:
a significant employment decrease in the agriculture, horticulture or forestry sector concerned or industries related to those sectors, including tourism and recreation;
significant risks to food security or food safety;
the disappearance of, or long-term large-scale damage to, important tree species growing or cultivated in the Union territory or tree species of high importance in terms of landscape as well as cultural or historical heritage for the Union.
Environmental impact: the pest has the potential to cause one or more of the following effects:
significant and long-term increases of the use of plant protection products on the plants concerned;
the disappearance of, or long-term large-scale damage to, important tree species growing or cultivated in the Union territory or tree species of high importance in terms of landscape as well as cultural or historical heritage for the Union.
SECTION 3
Criteria for a preliminary assessment to identify pests which provisionally qualify as a Union quarantine pest requiring temporary measures as referred to in Article 29(1) and Article 30(1)
Subsection 1
Criteria for a preliminary assessment to identify pests which provisionally qualify as a Union quarantine pest requiring temporary measures as referred to in Article 29(1)
(1) Identity of the pest
The pest shall meet the criterion defined in point (1) of Section 1.
(2) Presence of the pest in the Member State's territory
The pest is not previously known to be present in the territory of a Member State. Based on the information available to that Member State, the pest is also not previously known to be present in the Union territory, or is considered to fulfil the conditions set out in point (2)(b) or (c) of Section 1 as regards the Union territory.
(3) Probability of establishment and spread of the pest in the Union territory, or the specific part(s) of the Union territory where it is not present
Based on the information available to the Member State, the pest meets the criteria defined in point (3)(b) and (c) of Section 1 as regards its territory and, to the extent possible for the Member State to assess this, the Union territory.
(4) Potential economic, social and environmental impact of the pest
Based on the information available to the Member State, the pest would have an unacceptable economic, social and/or environmental impact on its territory and, to the extent possible for the Member State to assess this, the Union territory, if it established and spread in that territory.
That impact shall include at least one or more of the direct effects listed under point (4)(a) to (g) of Section 1.
Subsection 2
Criteria for a preliminary assessment to identify pests which provisionally qualify as a Union quarantine pest requiring temporary measures as referred to in Article 30(1)
(1) Identity of the pest
The pest shall meet the criterion defined in point (1) of Section 1.
(2) Presence of the pest in the Union territory
The pest is not previously known to be present in Union territory, or is considered to fulfil the conditions set out in point (2)(b) or (c) of Section 1 as regards the Union territory.
(3) Probability of establishment and spread of the pest in the Union territory, or the specific part(s) of the Union territory where it is not present
Based on the information available to the Union, the pest meets the criteria defined in point (3)(b) and (c) of Section 1 as regards the Union territory.
(4) Potential economic, social and environmental impact of the pest
Based on the information available to the Union, the pest would have an unacceptable economic, social and/or environmental impact on the Union territory, if it established and spread in that territory.
That impact shall include at least one or more of the direct effects listed under point (4)(a) to (g) of Section 1.
SECTION 4
Criteria to identify pests which qualify as a Union regulated non-quarantine pest as referred to in Articles 36 and 38
(1) Identity of the pest
The pest shall meet the criterion defined in point (1) of Section 1.
(2) Probability of spread in the Union territory of the pest
The transmission of the pest shall be assessed to take place mainly via specific plants for planting, rather than via natural spread or via movement of plant products or other objects.
That assessment shall include, as appropriate, the following aspects:
the number of life cycles of the pest on the hosts concerned;
the biology, epidemiology and survival of the pest;
possible natural, human-assisted or other pathways for transmission of the pest to the host concerned and pathway efficiency, including mechanisms of dispersal and dispersal rate;
subsequent infestation and transmission of the pest from the host concerned to other plants and vice versa;
climatological factors;
cultural practices before and after harvest;
soil types;
susceptibility of the host concerned and relevant stages of host plants;
presence of vectors for the pest;
presence of natural enemies and antagonists of the pest;
presence of other hosts susceptible to the pest;
prevalence of the pest in the Union territory;
intended use of the plants.
(3) Potential economic, social and environmental impact of the pest
Infestations of the plants for planting referred to in point (2) with the pest shall have an unacceptable economic impact on the intended use of those plants as regards one or more of the following points:
crop losses in terms of yield and quality;
extra costs of control measures;
extra costs of harvesting and grading;
costs of replanting;
losses due to the necessity of growing substitute plants;
effects on existing production practices;
effects on other host plants at the place of production;
effects on the establishment, spread and impact of other pests due to the capacity of the pest concerned to act as a vector for those other pests;
effects on producer costs or input demands, including control costs and costs of eradication and containment;
effects on producer profits that result from changes in production costs, yields or price levels;
changes to domestic or foreign consumer demand for a product resulting from quality changes;
effects on domestic and export markets and prices paid;
effects on employment.
ANNEX II
MEASURES AND PRINCIPLES FOR THE MANAGEMENT OF THE RISKS OF PESTS
SECTION 1
Measures to manage the risks of quarantine pests as referred to in Article 17(1), Article 21, Article 25(2), Article 28(4) and (6), Article 29(1), Article 30(5) and (7), Article 40(3), Article 41(3), Article 42(4), Article 46(3), Article 53(3), Article 54(3) and Article 75(2)
The management of the risks of quarantine pests shall consist of one or more, as appropriate, of the following measures:
Measures targeting prevention and elimination of infestation of cultivated and wild plants
Restrictions as regards the identity, nature, origin, ancestry, provenance and production history of cultivated plants.
Restrictions on the cultivation, harvesting and use of plants.
Restrictions on the use of plant products, premises, land, water, soil, growing media, facilities, machinery, equipment and other objects.
Surveillance, visual examination, sampling and laboratory testing of plants, plant products, premises, land, water, soil, growing media, facilities, machinery, equipment and other objects for the presence of quarantine pests.
Surveillance for breakdown or change in the effectiveness of a resistant plant species or plant variety which relates to a change in the composition of the quarantine pest or its biotype, pathotype, race or virulence group.
Physical, chemical and biological treatment of plants, plant products, premises, land, water, soil, growing media, facilities, machinery, equipment and other objects, infested or potentially infested with quarantine pests.
Destruction of plants, plant products and other objects infested or potentially infested with quarantine pests or for preventive purposes.
Information, data recording, communication and reporting obligations.
Registration of professional operators concerned.
For the purposes of point (b), those measures may include requirements with regard to the testing of plant species and plant varieties for resistance to the quarantine pest concerned and the listing of plant species and plant varieties found to be resistant to the quarantine pest concerned.
For the purposes of point (f), those measures may include requirements with regard to:
the registration, authorisation and official supervision of professional operators applying the treatment concerned;
the issuance of a phytosanitary certificate, plant passport, label or other official attestation for the treated plants, plants products or other objects and the placing of the mark referred to in Article 96(1) following the application of the treatment concerned.
Measures targeting consignments of plants, plants products and other objects
Restrictions on the identity, nature, origin, provenance, ancestry, production method, production history and traceability of plants, plant products and other objects.
Restrictions on the introduction, movement, use, handling, processing, packaging, storage, distribution and destination of plants, plant products and other objects.
Surveillance, visual examination, sampling, laboratory testing of plants, plant products and other objects for the presence of quarantine pests, including through subjection to quarantine procedures and pre-export inspections in third countries.
Physical, chemical and biological treatment and, where appropriate, destruction of plants, plant products and other objects infested or potentially infested with quarantine pests.
Information, data recording, communication and reporting obligations.
Registration of professional operators concerned.
For the purposes of points (a) to (d), those measures may include requirements with regard to:
the issuance of a phytosanitary certificate, plant passport, label or other official attestation, including the placing of the mark referred to in Article 96(1) to attest compliance with points (a) to (d);
the registration, authorisation and official supervision of professional operators applying the treatment referred to in point (d).
Measures targeting pathways for quarantine pests, other than consignments of plants, plant products or other objects
Restrictions on the introduction and movement of quarantine pests as a commodity.
Surveillance, visual examination, sampling and laboratory testing and where appropriate destruction of quarantine pests as a commodity.
Restrictions on plants, plant products and other objects carried by travellers.
Surveillance, visual examination, sampling and laboratory testing and where appropriate treatment or destruction of plants, plant products and other objects carried by travellers.
Restrictions on vehicles, packaging and other objects used in transport of commodities.
Surveillance, visual examination, sampling and laboratory testing and where appropriate treatment or destruction of vehicles, packaging and other objects used in transport of commodities.
Information, data recording, communication and reporting obligations.
Registration of professional operators concerned.
SECTION 2
Principles for the management of the risks of pests as referred to in Article 17(1), Article 18(3), Article 21, Article 28(4) and (6), Article 29(1), Article 30(5) and (7), Article 31(1), Article 37(4) and (8), Article 40(3), Article 41(3), Article 46(3), Article 49(2) and (4), Article 53(3), Article 54(3), Article 72(3), Article 74(3), Article 75(2), Article 79(3) and Article 80(3)
The management of the risks of Union quarantine pests, protected zone quarantine pests and Union regulated non-quarantine pests shall respect the following principles:
Necessity
Measures to manage the risk of a pest shall be applied only where such measures are necessary to prevent the entry, establishment and spread of that pest.
Proportionality
Measures taken to manage the risk of a pest shall be proportionate to the risk posed by the pest concerned and the level of protection that is required.
Minimal impact
Measures taken to manage the risk of a pest shall represent the least restrictive measures available, and result in the minimum impediment to the international movement of people, commodities and conveyances.
Non-discrimination
Measures taken to manage the risk of a pest shall not be applied in such a way as to constitute either a means of arbitrary or unjustified discrimination or a disguised restriction, particularly on international trade. They shall be no more stringent for third countries than measures applied to that same pest if present within the Union territory, if third countries can demonstrate that they have the same phytosanitary status and apply identical or equivalent phytosanitary measures.
Technical justification
Measures taken to manage the risk of a pest shall be technically justified on the basis of conclusions reached by using an appropriate risk analysis or, where applicable, another comparable examination and evaluation of available scientific information. Those measures should reflect, and, where appropriate, be modified or removed to reflect, new or updated risk analysis or relevant scientific information.
Feasibility
Measures taken to manage the risk of a pest should be such as to allow that the objective of those measures is likely achieved.
ANNEX III
CRITERIA TO ASSESS HIGH-RISK PLANTS, PLANT PRODUCTS OR OTHER OBJECTS AS REFERRED TO IN ARTICLE 42
The criteria to be taken into account for the assessment referred to in Article 42 are the following:
as regards plants for planting other than seeds:
they are introduced into the Union usually in the form of a shrub or tree or they are present in the Union territory in such form or are taxonomically related to such plants;
they are collected in the wild or grown from plants collected in the wild;
they are grown outdoors or grown from plants grown outdoors in the third countries, group of third countries or specific areas of third countries concerned;
they are known to host commonly hosted pests known to have a major impact on plant species which are of major economic, social or environmental importance to the Union territory;
they are known to commonly harbour pests without signs and symptoms of those pests, or with a latent period for the expression of those signs or symptoms, implying that the presence of pests is likely to be missed during inspections at introduction into the Union territory;
they are perennial plants commonly traded as old plants;
as regards other plants, plant products or other objects:
they are known to host and provide a significant pathway for commonly hosted pests known to have major impact on plant species which are of a major economic, social or environmental importance to the Union territory;
they are known to commonly harbour and provide a significant pathway for pests without signs and symptoms of those pests, or with a latent period for the expression of those signs or symptoms, implying that the presence of pests is likely to be missed during inspections at introduction into the Union territory.
ANNEX IV
ELEMENTS TO IDENTIFY PLANTS OR PLANT PRODUCTS WHICH ARE LIKELY TO POSE NEWLY IDENTIFIED PEST RISKS OR OTHER SUSPECTED PHYTOSANITARY RISKS FOR THE UNION TERRITORY, AS REFERRED TO IN ARTICLE 49
Plants or plant products from third countries shall be considered likely to pose pest risks for the Union territory, as referred to in Article 49(1), where those plants or plant products fulfil at least three of the following conditions, including at least one of the conditions provided in point (1)(a), (b) and (c):
Characteristics of the plants or plant products:
they belong to, or are produced from, a plant genus or family known to commonly host pests regulated as quarantine pests in the Union territory or in third countries;
they belong to, or are produced from, a plant genus or family known to host commonly hosted pests known to have major impact on plant species grown in the Union territory which have major economic, social or environmental importance to the Union territory;
they belong to, or are produced from, a plant genus or family known to commonly harbour pests without signs and symptoms of those pests, or with a latent period for the expression of those signs or symptoms of at least three months, implying that the presence of pests on those plants or plant products is likely to be missed during official controls at introduction into the Union territory, without recourse to sampling and testing or submission to quarantine procedures;
they are grown outdoors or grown from plants grown outdoors in the third countries of origin;
they are not shipped in closed containers or packaging, or when shipped in such a way, the shipments because of their size cannot be opened in closed premises for purposes of official controls at introduction into the Union territory.
Origin of the plants or plant products:
they originate from, or are moved from, a third country which is the source of repetitive notifications of interception of quarantine pests not listed pursuant to Article 5(2);
they originate from, or are moved from, a third country which is not a contracting party to the IPPC.
ANNEX V
CONTENTS OF PHYTOSANITARY CERTIFICATES FOR INTRODUCTION INTO THE UNION TERRITORY
PART A
Phytosanitary certificates for export as referred to in Article 76(1)
PART B
Phytosanitary certificates for re-export as referred to in Article 76(1)
ANNEX VI
CRITERIA TO IDENTIFY PLANTS REFERRED TO IN ARTICLE 73 WHICH DO NOT REQUIRE A PHYTOSANITARY CERTIFICATE
The assessment referred to in Article 73 shall take into account the following criteria:
the plants do not host Union quarantine pests or pests subject to measures adopted pursuant to Article 30, or commonly hosted pests which may impact on plant species grown in the Union;
the plants have a history of compliance with the requirements for introduction into the Union territory relevant to the third country or countries of origin;
no indication of outbreak(s) is linked to the introduction of the plants concerned from one or more third countries, and those plants have not been subject to repetitive interceptions of Union quarantine pests or pests subject to the measures adopted pursuant to Article 30 during the introduction into the Union territory.
ANNEX VII
PLANT PASSPORTS
PART A
Plant passports for movement within the Union territory as referred to in the first subparagraph of Article 83(2)
(1) The plant passport for movement within the Union territory shall contain the following elements:
the words ‘Plant Passport’ in its upper right-hand corner, in one of the official languages of the Union and in English, if different, separated by a slash;
the flag of the Union in its upper left-hand corner, printed in colour or in black and white;
the letter ‘A.’, followed by the botanical name of the plant species or taxon concerned, in the case of plants and plant products, or, where appropriate, the name of the object concerned, and, optionally, the name of the variety;
the letter ‘B.’, followed by subsequently the two-letter code, referred to in point (a) of Article 67, for the Member State in which the professional operator issuing the plant passport is registered, a hyphen and the registration number of the professional operator concerned who issues the plant passport or for whom the plant passport is issued by the competent authority;
the letter ‘C.’, followed by the traceability code of the plant, plant product or the other object concerned;
the letter ‘D.’, where applicable followed by:
the name of the third country of origin, or
two-letter code, referred to in point (a) of Article 67, of the Member State of origin.
(2) The traceability code referred to in point (1)(e) may also be supplemented by a reference to a unique traceability barcode, hologram, chip or other data carrier, present on the trade unit.
PART B
Plant passports for movement into and within protected zones as referred to in the second subparagraph of Article 83(2)
(1) The plant passport for movement into and within protected zones shall contain the following elements:
the words ‘Plant Passport — PZ’ in its upper right-hand corner, in one of the official languages of the Union and in English, if different, separated by a slash;
immediately underneath those words, the scientific name(s) or the code(s) of the respective protected zone quarantine pest(s), as referred to in Article 32(3);
the flag of the Union in its upper left-hand corner, printed in colour or in black and white;
the letter ‘A.’, followed by the botanical name of the plant species or taxon concerned, in the case of plants and plant products, or, where appropriate, the name of the object concerned and, optionally, the name of the variety;
the letter ‘B.’, followed by subsequently the two-letter code, referred to in point (a) of Article 67, for the Member State in which the professional operator issuing the plant passport is registered, a hyphen and the registration number of the professional operator concerned who issues the plant passport or for whom the plant passport is issued by the competent authority;
the letter ‘C.’, followed by the traceability code of the plant, plant product or the other object concerned;
the letter ‘D.’, where appropriate followed by:
the name of the third country of origin, or
two-letter code, referred to in point (a) of Article 67, of the Member State of origin and, in the case of replacement of the plant passport, the registration number of the professional operator concerned who issued the initial plant passport or for whom the initial plant passport was issued by the competent authority as referred in Article 93(1) and (2).
(2) The traceability code referred to in point (1)(f) may also be supplemented by a reference to a unique traceability barcode, hologram, chip or other data carrier, present on the trade unit.
PART C
Plant passports for movement within the Union territory, combined with a certification label, as referred to in the second subparagraph of Article 83(5)
(1) The plant passport for movement within the Union territory, combined in a joint label with the official label for seeds or other propagating material referred to respectively in Article 10(1) of Directive 66/401/EEC, Article 10(1) of Directive 66/402/EEC, Article 10(1) of Directive 68/193/EEC, Article 12 of Directive 2002/54/EC, Article 28(1) of Directive 2002/55/EC, Article 13(1) of Directive 2002/56/EC, and Article 12(1) of Directive 2002/57/EC, and the label for pre-basic, basic or certified material as referred to in point (b) of Article 9(1) of Directive 2008/90/EC, shall contain the following elements:
the words ‘Plant Passport’ in the upper right-hand corner of the joint label, in one of the official languages of the Union and in English, if different, separated by a slash;
the flag of the Union in the upper left-hand corner of the joint label printed in colour or in black and white.
The plant passport shall be positioned in the joint label immediately above, and have the same width as, that official label.
(2) Point (2) of Part A shall apply accordingly.
PART D
Plant passports for movement into and within protected zones, combined with a certification label, as referred to in the third subparagraph of Article 83(5)
(1) The plant passport for movement into and within protected zones, combined in a joint label with the official label for seeds or other propagating material referred to respectively in Article 10(1) of Directive 66/401/EEC, Article 10(1) of Directive 66/402/EEC, Article 10(1) of Directive 68/193/EEC, Article 12 of Directive 2002/54/EC, Article 28(1) of Directive 2002/55/EC, Article 13(1) of Directive 2002/56/EC and Article 12(1) of Directive 2002/57/EC, and the label for pre-basic, basic or certified material as referred to in point (b) of Article 9(1) of Directive 2008/90/EC, shall contain the following elements:
the words ‘Plant Passport — PZ’ in the upper right-hand corner of the joint label in one of the official languages of the Union and in English, if different, separated by a slash;
immediately underneath those words, the scientific name(s) or code(s) of the protected zone quarantine pest(s) concerned;
the flag of the Union in the upper left-hand corner of the joint label printed in colour or in black and white.
The plant passport shall be positioned in the joint label immediately above, and have the same width as, that official label or, where applicable, that master certificate.
(2) Point (2) of Part B shall apply accordingly.
ANNEX VIII
CONTENTS OF PHYTOSANITARY CERTIFICATES FOR EXPORT, RE-EXPORT AND PRE-EXPORT AS REFERRED TO IN ARTICLE 100(3), ARTICLE 101(4) AND ARTICLE 102(6)
PART A
Phytosanitary certificates for export as referred to in Article 100(3)
1. The phytosanitary certificate for movement out of the Union territory, for the purpose of export to a third country, shall contain the following elements:
the words ‘Phytosanitary certificate’, followed by subsequently:
the letters ‘EU’;
the two-letter code, referred to in point (a) of Article 67, for the Member State in which the professional operator requesting the issuance of the phytosanitary certificate for export is registered;
a slash;
a unique identification code for the certificate, consisting of numbers or a combination of letters and numbers, the letters representing, as applicable, the province and district of the Member State where the certificate is issued;
the words ‘Name and address of exporter’, followed by the name and address of the registered operator, or private person, requesting the issuance of the phytosanitary certificate for export;
the words ‘Declared name and address of consignee’, followed by the declared name and address of the consignee;
the words ‘Plant Protection Organisation of’, followed by the name of the Member State of which the plant protection organisation issues the certificate, and subsequently the words ‘to the Plant Protection Organisation(s) of’, followed by the name or, as applicable, names of the country or, as applicable, countries of destination;
the words ‘Place of origin’, followed by the place or places of origin of the plants, plant products or other objects included in the consignment for which the certificate is issued. In all cases, the name of the country or countries of origin should be stated;
an unnumbered box, reserved for the EU logo. Optionally, other official logos can be added;
the words ‘Declared means of conveyance’, followed by the declared means of conveyance of that consignment;
the words ‘Declared point of entry’, followed by the declared point of entry into the country of destination of that consignment;
the words ‘Distinguishing marks; number and description of packages; name of produce; botanical name of plants’, followed by a description of the consignment including botanical name of plants or the name of the produce, distinguishing marks, and the number and type of packages included in the consignment;
the words ‘Quantity declared’, followed by the quantity of the plants, plant products or other objects included in that consignment, expressed by number or weight;
the words ‘This is to certify that the plants, plant products or other regulated articles described herein have been inspected and/or tested according to appropriate official procedures and are considered to be free from the quarantine pests specified by the importing contracting party and to conform with the current phytosanitary requirements of the importing contracting party, including those for regulated non-quarantine pests’. Optionally, the following clause may be added: ‘They are deemed to be practically free from other pests.’;
the words ‘Additional declaration’, followed by the additional declaration referred to in Article 71(2) and the statement referred to in Article 71(3) and, optionally, any further phytosanitary information relevant to the consignment. If there is insufficient space for the whole of the additional declaration, an attachment may be added. The information in the attachment should only include what is required on the phytosanitary certificate. All the pages of the attachment should bear the number of the phytosanitary certificate and should be dated, signed and stamped in the same manner as required for the phytosanitary certificate. The phytosanitary certificate should refer to any attachments in the appropriate section;
the words ‘Disinfestation and/or disinfection treatment’;
the word ‘Treatment’, followed by the treatment that has been applied to that consignment;
the words ‘Chemical (active ingredient)’, followed by the active ingredient of the chemical used for the treatment referred to in point (n);
the words ‘Duration and temperature’, followed by the duration and, where applicable, temperature of that treatment;
the word ‘Concentration’, followed by the concentration of that chemical reached during that treatment;
the word ‘Date’, followed by the date on which that treatment was applied;
the word ‘Additional information’, followed by any additional information that the competent authority wishes to include in the certificate;
the words ‘Place of issue’, followed by the place of issuance of the phytosanitary certificate;
the word ‘Date’, followed by the date of issuance of the phytosanitary certificate;
the words ‘Name and signature of authorised officer’, followed by the name and signature of the officer issuing and signing the phytosanitary certificate;
the words ‘Stamp of organisation’, followed by the official stamp of the competent authority issuing the phytosanitary certificate; and
optionally, the sentence ‘No financial liability with respect to this certificate shall attach to (name of Plant Protection Organisation) or to any of its officials or representatives’ may be added on the certificate below the frame.
2. Where the phytosanitary certificate is not issued electronically, the paper used shall contain a watermark, embossed seal or embossed logo determined by the competent authority that signs the certificate. The colour of the preprinted text shall be green except for the number of the original certificate as referred to in point (a)(iv) of paragraph 1, which may be in another colour.
PART B
Phytosanitary certificates for re-export as referred to in Article 101(4)
1. The phytosanitary certificate for movement out of the Union territory, for the purpose of re-export to a third country, shall contain the following elements:
the words ‘Phytosanitary certificate for re-export’, followed by subsequently:
the letters ‘EU’;
the two-letter code, referred to in point (a) of Article 67, for the Member State in which the professional operator requesting the issuance of the phytosanitary certificate for re-export is registered;
a slash; and
a unique identification code for the certificate, consisting of numbers or a combination of letters and numbers, the letters representing, as applicable, the province and district of the Member State where the certificate is issued;
the words ‘Name and address of exporter’, followed by the name and address of the registered operator requesting the issuance of the phytosanitary certificate for re-export;
the words ‘Declared name and address of consignee’, followed by the declared name and address of the consignee;
the words ‘Plant Protection Organisation of’, followed by the name of the Member State of which the plant protection organisation issues the certificate, and subsequently the words ‘to the Plant Protection Organisation(s) of’, followed by the name or, as applicable, names, of the country or, as applicable, countries of destination;
the words ‘Place of origin’, followed by the place or places of origin of the plants, plant products or other objects included in the consignment for which the certificate is issued. In all cases, the name of the country or countries of origin should be stated;
an unnumbered box, reserved for the EU logo. Optionally, other official logos can be added;
the words ‘Declared means of conveyance’, followed by the declared means of conveyance of that consignment;
the words ‘Declared point of entry’, followed by the declared point of entry into the country of destination of that consignment;
the words ‘Distinguishing marks; number and description of packages; name of produce; botanical name of plants’, followed by a description of the consignment including botanical name of plants or the name of the produce, distinguishing marks, and the number and type of packages included in the consignment;
the words ‘Quantity declared’, followed by the quantity of the plants, plant products or other objects included in that consignment, expressed by number or weight;
the following text:
‘This is to certify
in which text the required information shall be filled and the applicable boxes ticked;
the words ‘Additional declaration’, followed by the additional declaration referred to in Article 71(2) and the statement referred to in Article 71(3) and, optionally, any further phytosanitary information relevant to the consignment. If there is insufficient space for the whole of the additional declaration, an attachment may be added. The information in the attachment should only include what is required on the phytosanitary certificate. All the pages of the attachment should bear the number of the phytosanitary certificate and should be dated, signed and stamped in the same manner as required for the phytosanitary certificate. The phytosanitary certificate should refer to any attachments in the appropriate section;
the words ‘Disinfestation and/or disinfection treatment’;
the word ‘Treatment’, followed by the treatment that has been applied to that consignment;
the words ‘Chemical (active ingredient)’, followed by the active ingredient of the chemical used for the treatment referred to in point (n);
the words ‘Duration and temperature’, followed by the duration and, where applicable, temperature of that treatment;
the word ‘Concentration’, followed by the concentration of that chemical reached during that treatment;
the word ‘Date’, followed by the date on which that treatment was applied;
the word ‘Additional information’, followed by any additional information that the competent authority wishes to include in the certificate;
the words ‘Place of issue’, followed by the place of issuance of the phytosanitary certificate;
the word ‘Date’, followed by the date of issuance of the phytosanitary certificate;
the words ‘Name and signature of authorised officer’, followed by the name and signature of the officer issuing and signing the phytosanitary certificate;
the words ‘Stamp of organisation’, followed by the official stamp of the competent authority issuing the phytosanitary certificate; and
optionally, the sentence ‘No financial liability with respect to this certificate shall attach to (name of Plant Protection Organisation) or to any of its officials or representatives’ may be added on the certificate below the frame.
2. Where the phytosanitary certificate is not issued electronically, the paper used shall contain a watermark, embossed seal or embossed logo determined by the competent authority that signs the certificate. The colour of the preprinted text shall be brown except for the number of the original certificate as referred to in point (a)(iv) of paragraph 1, which may be in another colour.
PART C
Pre-export certificates as referred to in Article 102(6)
ANNEX IX
CORRELATION TABLE
|
Council Directive 69/464/EEC |
This Regulation |
|
Article 1 |
Article 28(1) |
|
Article 2 |
Article 28(1)(e) |
|
Articles 3, 4 and 5 |
Article 28(1)(d) |
|
Article 6 |
Article 28(1)(f) |
|
Article 7 |
— |
|
Article 8 |
Article 8 |
|
Article 9 |
Article 31(1) |
|
Articles 10 and 11 |
Article 28(1)(d) |
|
Articles 12 and 13 |
— |
|
Council Directive 93/85/EEC |
This Regulation |
|
Article 1 |
Article 28(1) |
|
Article 2 |
Article 28(1)(g) |
|
Article 3 |
Articles 14(1) and 15(1) |
|
Articles 4 to 8 |
Article 28(1)(a) to (d) |
|
Article 9 |
— |
|
Article 10 |
Article 8 |
|
Article 11 |
Article 31 |
|
Article 12 |
Article 28(1) |
|
Articles 13 to 15 |
— |
|
Annexes I to V |
Article 28(1) |
|
Council Directive 98/57/EC |
This Regulation |
|
Article 1 |
Article 28(1) |
|
Article 2 |
Article 28(1)(g) |
|
Article 3 |
Articles 14(1) and 15(1) |
|
Article 4 to 7 |
Article 28(1)(a) to (c) |
|
Article 8 |
— |
|
Article 9 |
Article 8 |
|
Article 10 |
Article 31 |
|
Article 11 |
Article 28(1) |
|
Articles 12 to 14 |
— |
|
Annexes I to VII |
Article 28(1) |
|
Council Directive 2007/33/EC |
This Regulation |
|
Article 1 |
Article 28(1) |
|
Articles 2 and 3 |
Article 28(1) and (2) |
|
Articles 4 to 8 |
Article 28(1)(g) |
|
Articles 9 to 13 |
Article 28(1) and (2) |
|
Article 14 |
Article 8 |
|
Article 15 |
Article 31 |
|
Article 16 |
Article 28(1) |
|
Article 17 |
Article 107 |
|
Articles 18 to 20 |
— |
|
Annexes I to IV |
Article 28(1) |
|
Council Directive 2000/29/EC |
This Regulation |
|
Article 1(1) |
Article 1(1) and (2) |
|
Article 1(2) |
— |
|
Article 1(3) |
Article 1(3) |
|
Article 1(4) |
— (*1) |
|
Article 1(5) and (6) |
— |
|
Article 2(1)(a) |
Article 2, point (1) |
|
Article 2(1)(b) |
Article 2, point (2), first subparagraph |
|
Article 2(1)(c) |
Article 2, point (3) |
|
Article 2(1)(d) |
Article 2, point (4) |
|
Article 2(1)(e) |
Article 1(1) and (2) |
|
Article 2(1)(f) |
Article 78 |
|
Article 2(1)(g) |
— (*1) |
|
Article 2(1)(h) |
Articles 32 to 35 |
|
Article 2(1)(i), first subparagraph |
Article 76 (*1) |
|
Article 2(1)(i), second and third subparagraphs |
— (*1) |
|
Article 2(1)(j) to (n) |
— (*1) |
|
Article 2(1)(o) |
Article 2, point (7) |
|
Article 2(1)(p), (q) and (r) |
— (*1) |
|
Article 2(2) |
Article 2, point (2), second subparagraph |
|
Article 3(1) |
Article 5(1) |
|
Article 3(2) and (3) |
Articles 5(1), 37(1) and 41(1) |
|
Article 3(4) |
Articles 5(1) and 37(1) |
|
Article 3(5) |
Articles 32(2) and 54(1) |
|
Article 3(6) |
Articles 5(2) and 32(3) |
|
Article 3(7) |
Articles 5(2) and (3), 28(1) and 37(2) |
|
Articles 3(8) and (9) |
Articles 8, 39, 48 and 58 |
|
Article 4(1) |
Article 40(1) |
|
Article 4(2) |
Article 53(1) |
|
Article 4(3) |
— |
|
Article 4(4) |
— |
|
Article 4(5) |
Articles 8, 48 and 58 |
|
Article 4(6) |
Article 46 |
|
Article 5(1) |
Articles 40(1) and 41(1) |
|
Article 5(2) |
Article 53(1) |
|
Article 5(3) |
Articles 40(3) and 53(3) |
|
Article 5(4) |
Articles 41(1) and 75 |
|
Article 5(5) |
Articles 8, 48 and 58 |
|
Article 5(6) |
Article 46 |
|
Article 6(1) to (4) |
Article 87(1), (2) and (3) |
|
Article 6(5), first and second subparagraphs |
Article 87(1), (2) and (3) |
|
Article 6(5), third subparagraph |
Articles 65 and 68 |
|
Article 6(5), fourth subparagraph |
Article 9(3) |
|
Article 6(5), fifth subparagraph |
Article 81 |
|
Article 6(6) |
Articles 65 and 69 |
|
Article 6(7) |
Article 81 |
|
Article 6(8), first indent |
— |
|
Article 6(8), second indent |
Article 57 |
|
Article 6(8), third indent |
Article 87(4) |
|
Article 6(8), fourth indent |
Articles 66, 69 and 90 |
|
Article 6(8), fifth indent |
— |
|
Article 6(8), sixth indent |
Article 81 |
|
Article 6(9) |
Article 66 |
|
Article 10(1) |
Articles 78, 83(5), 85, 86 and 87 |
|
Article 10(2) |
Articles 79, 80 and 81 |
|
Article 10(3) |
Article 93 |
|
Article 10(4), first indent |
Article 83(7) and (8) |
|
Article 10(4), second, third and fourth indent |
— |
|
Article 11(1) |
Article 87(1) |
|
Article 11(2) |
— |
|
Article 11(3) |
— (*1) |
|
Article 11(4) |
Article 92(2) and (3) |
|
Article 11(5) |
Article 92(2) and (3) |
|
Article 12(1) |
— (*1) |
|
Article 12(2) |
Articles 69(4), 93(5) and 95(3) (*1) |
|
Article 12(3) |
— (*1) |
|
Article 12(4) |
Articles 41(4) and 95(5) (*1) |
|
Article 13(1) and (2) |
Article 76(5) (*1) |
|
Article 13(3) and (4) |
— (*1) |
|
Article 13a(1) and (2) |
— (*1) |
|
Article 13a(3) |
Article 76 (*1) |
|
Article 13a(4) |
Article 76 (*1) |
|
Article 13a(5) |
— (*1) |
|
Article 13b |
— (*1) |
|
Article 13c(1)(a) |
— (*1) |
|
Article 13c(1)(b) |
Article 65 (*1) |
|
Article 13c(1)(c) |
— (*1) |
|
Article 13c(2) to (4) |
— (*1) |
|
Article 13c(6) |
Article 94 (*1) |
|
Article 13c(7) |
Article 77 (*1) |
|
Article 13c(8) |
Articles 40(4), 41(4), 53(4), 54(4) and 103 (*1) |
|
Article 13d |
— (*1) |
|
Article 13e |
Articles 100 and 101 |
|
Article 14 |
Articles 5(3) and (4), 32(3), 37(2) and (3), 40(2), 41(2), 53(3), 54(3), 72(2) and (3), 74(2) and (3), 79(2) and (3) and 80(2) and (3) |
|
Article 15(1) |
Article 41(3), first subparagraph |
|
Article 15(2) |
Article 41(3), second subparagraph |
|
Article 15(3) |
Article 71(3) |
|
Article 15(4) |
— |
|
Article 16(1) |
Article 9(1) and (2) and Article 17 |
|
Article 16(2), first subparagraph |
Article 29 |
|
Article 16(2), second and third subparagraph |
Article 13 |
|
Article 16(2), fourth subparagraph |
— |
|
Article 16(3) |
Article 30 |
|
Article 16(4) |
Articles 28(1), 30(1) and 49(1) |
|
Article 16(5) |
Articles 28(6), 30(7) and 49(4) |
|
Article 18 |
Article 107 |
|
Article 20 |
— |
|
Article 21(1) to (5) |
— (*1) |
|
Article 21(6) |
Article 103 |
|
Article 21(7) and (8) |
— |
|
Article 27 |
— |
|
Article 27a |
— (*1) |
|
Article 28 and 29 |
— |
|
Annex I, Part A |
Article 5(2) |
|
Annex I, Part B |
Article 32(3) |
|
Annex II, Part A, Section I |
Article 5(2) |
|
Annex II, Part A, Section II |
Article 37(2) |
|
Annex II, Part B |
Article 32(3) |
|
Annex III, Part A |
Article 40(2) |
|
Annex III, Part B |
Article 53(2) |
|
Annex IV, Part A |
Article 41(2) |
|
Annex IV, Part B |
Article 54(2) |
|
Annex V, Part A, Point I |
Article 79(1) |
|
Annex V, Part A, Point II |
Article 80(1) |
|
Annex V, Part B, Point I |
Article 72 |
|
Annex V, Part B, Point II |
Article 74 |
|
Annex VI |
— |
|
Annex VII |
Annex VIII |
|
Annex VIII |
— |
|
Annex VIIIa |
— (*1) |
|
Annex IX |
— |
|
(*1)
See Article 109(1). |
|
( 1 ) Regulation ►C1 (EU) 2017/625 ◄ of the European parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( ►C1 OJ L 95, 7.4.2017, p. 1 ◄ ).
( 2 ) Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants (OJ L 226, 13.8.1998, p. 16).
( 3 ) Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (OJ L 11, 15.1.2000, p. 17).
( 4 ) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
( 5 ) ISO 3166-1:2006, Codes for the representation of names of countries and their subdivisions — Part 1: Country codes. International Organisation for Standardization, Geneva.
( 6 ) Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1).
( 7 ) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
( 8 ) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).
( 9 ) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
( *1 ) Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).’.
( *2 ) 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 (OJ L 317, 23.11.2016, p. 4).’;
( *3 ) 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 (OJ L 317, 23.11.2016, p. 4).’.
( 10 ) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
( 11 ) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).