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
Article 2
Definitions
CHAPTER II
Quarantine pests
Section 1
Quarantine pests
Article 3
Definition of quarantine pests
Section 2
Union quarantine pests
Article 4
Definition of Union quarantine pests
Article 5
Prohibition of introduction, movement, holding, multiplication or release of Union quarantine pests
Article 6
Priority pests
Article 7
Amendment of Section 1 of Annex I
Article 8
Union quarantine pests used for official testing, scientific or educational purposes, trials, varietal selections or breeding
Article 9
Notification of an imminent danger
Article 10
Official confirmation by the competent authorities of the presence of a Union quarantine pest
Article 11
Notification of Union quarantine pests by the Member States to the Commission and the other Member States
Article 12
Information on Union quarantine pests to be provided to professional operators by the competent authorities
Article 13
Information on priority pests to be provided to the public by the competent authorities
Article 14
Measures to be taken immediately by professional operators
Article 15
Measures to be taken by persons other than professional operators
Article 16
Derogations to notification obligations
Article 17
Eradication of Union quarantine pests
Article 18
Establishment of demarcated areas
Article 19
Surveys and modifications of demarcated areas and lifting of restrictions
Article 20
Reports on measures taken in accordance with Articles 17, 18 and 19
Article 21
Amendment of Annex II
Article 22
Surveys on Union quarantine pests and pests provisionally qualifying as Union quarantine pests
Article 23
Multiannual survey programmes and collection of information
Article 24
Surveys of priority pests
Article 25
Contingency plans for priority pests
Article 26
Simulation exercises for priority pests
Article 27
Action plans for priority pests
Article 28
Union measures for specific Union quarantine pests
Article 29
Measures by Member States concerning pests not listed as Union quarantine pests
Article 30
Union measures concerning pests not listed as Union quarantine pests
Article 31
More stringent requirements adopted by Member States
Section 3
Protected zone quarantine pests
Article 32
Recognition of protected zones
Article 33
General obligations concerning protected zones
Article 34
Surveys on protected zone quarantine pests
Article 35
Amendment of extent and revocation of recognition of protected zones
CHAPTER III
Union regulated non-quarantine pests
Article 36
Definition of Union regulated non-quarantine pests
Article 37
Prohibition of the introduction and movement of Union regulated non-quarantine pests on plants for planting
Article 38
Amendment of Section 4 of Annex I
Article 39
Union regulated non-quarantine pests used for scientific or educational purposes, trials, varietal selection, breeding or exhibitions
CHAPTER IV
Measures concerning plants, plant products and other objects
Section 1
Measures relating to the entire Union territory
Article 40
Prohibition of the introduction of plants, plant products and other objects into the Union territory
Article 41
Plants, plant products and other objects subject to special and equivalent requirements
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
Article 43
Specific import conditions for the introduction into the Union territory of wood packaging material
Article 44
Setting out of equivalent requirements
Article 45
Information to be provided to travellers and clients of postal services
Article 46
Exception from prohibitions and requirements for frontier zones
Article 47
Requirements for phytosanitary transit
Article 48
Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding
Article 49
Temporary measures concerning plants, plant products and other objects likely to pose newly identified pest risks or other suspected phytosanitary risks
Article 50
Report from the Commission on the enforcement and effectiveness of measures relating to imports into the Union territory
Article 51
Amendment of Annexes III and IV
Article 52
Temporary measures by Member States concerning imminent danger
Section 2
Measures relating to protected zones
Article 53
Prohibition of introduction of plants, plant products and other objects into protected zones
Article 54
Plants, plant products and other objects subject to special requirements for protected zones
Article 55
Information to be provided to travellers and clients of postal services as regards protected zones
Article 56
Exception from prohibitions and requirements for frontier zones as regards protected zones
Article 57
Requirements for phytosanitary transit as regards 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
Section 3
Other measures concerning plants, plant products and other objects
Article 59
General requirements for vehicles, machinery and packaging material
Article 60
Designation of quarantine stations and confinement facilities
Article 61
Requirements for quarantine stations and confinement facilities
Article 62
Operation of quarantine stations and confinement facilities
Article 63
Supervision of quarantine stations and confinement facilities and revocation of designation
Article 64
Release of plants, plant products and other objects from quarantine stations and confinement facilities
CHAPTER V
Registration of professional operators and traceability
Article 65
Official register of professional operators
Article 66
Procedure of registration
Article 67
Content of the register
Article 68
Availability of information of official registers
Article 69
Traceability
Article 70
Movements of plants, plant products and other objects within and between the premises of the professional operator
CHAPTER VI
Certification of plants, plant products and other objects
Section 1
Phytosanitary certificates required for the introduction of plants, plant products and other objects into the Union territory
Article 71
Phytosanitary certificate for introduction into the Union territory
Article 72
Plants, plant products and other objects for which phytosanitary certificates are required
Article 73
Other plants for which phytosanitary certificates are required
Article 74
Plants, plant products and other objects for which phytosanitary certificates are required for introduction into a protected zone
Article 75
Exceptions for travellers' luggage
Article 76
Conditions to be fulfilled by a phytosanitary certificate
Article 77
Invalidation of phytosanitary certificate
Section 2
Plant passports required for the movement of plants, plant products and other objects within the Union territory
Article 78
Plant passports
Article 79
Plants, plant products and other objects for which a plant passport is required for movement within the Union territory
Article 80
Plants, plant products and other objects for which a plant passport is required for introduction into, and movement within, protected zones
Article 81
Exception for direct supply to final users
Article 82
Exceptions for movements within and between the premises of a registered operator
Article 83
Content and format of the plant passport
Article 84
Issuance of plant passports by authorised professional operators and competent authorities
Article 85
Substantive requirements for a plant passport for movement within the Union territory
Article 86
Substantive requirements for a plant passport for movement into and within a protected zone
Article 87
Examinations for plant passports
Article 88
Attaching of the plant passports
Article 89
Authorisation of professional operators to issue plant passports
Article 90
Obligations of authorised operators
Article 91
Pest risk management plans
Article 92
Inspections and withdrawal of authorisation
Article 93
Replacing a plant passport
Article 94
Plant passports replacing phytosanitary certificates
Article 95
Invalidation and removal of the plant passport
Section 3
Other attestations
Article 96
Marking of wood packaging material, wood, or other objects
Article 97
Repairing of wood packaging material in the Union territory
Article 98
Authorisation and supervision of registered operators applying the mark of wood packaging material in the Union territory
Article 99
Attestations other than the mark of wood packaging material
Section 4
Export of plants, plant products and other objects from the Union territory
Article 100
Phytosanitary certificate for export from the Union
Article 101
Phytosanitary certificate for re-export from the Union
Article 102
Pre-export certificates
CHAPTER VII
Supporting measures by the Commission
Article 103
Establishment of electronic notification system
Article 104
Information items, format and deadlines of notifications, and notifications in the case of suspected presence of pests
CHAPTER VIII
Final provisions
Article 105
Exercise of the delegation
Article 106
Urgency procedure
Article 107
Committee procedure
Article 108
Penalties
Article 109
Repeals
Article 110
Amendment of Regulation (EU) No 228/2013
Article 111
Amendment of Regulation (EU) 652/2014
‘Article 17
Conditions
“Article 15a
Article 112
Amendment of Regulation (EU) No 1143/2014
Article 113
Entry into force and application
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
(2) Presence of the pest in the territory in question
(3) Capability of entry, establishment and spread of the pest in the territory in question
(a) Capability of entry
(b) Capability of establishment
(c) Capability of spread
(4) Potential economic, social and environmental impact
SECTION 2
Criteria to identify Union quarantine pests which qualify as a priority pest as referred to in Article 6(1) and (2)
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
(2) Presence of the pest in the Member State's 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
(4) Potential economic, social and environmental impact of the pest
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
(2) Presence of the pest in 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
(4) Potential economic, social and environmental impact of the pest
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
(2) Probability of spread in the Union territory of the pest
(3) Potential economic, social and environmental impact of the pest
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)
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)
ANNEX III
CRITERIA TO ASSESS HIGH-RISK PLANTS, PLANT PRODUCTS OR OTHER OBJECTS AS REFERRED TO IN ARTICLE 42
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
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
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)
PART B
Plant passports for movement into and within protected zones as referred to in the second subparagraph of Article 83(2)
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)
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)
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)
PART B
Phytosanitary certificates for re-export as referred to in Article 101(4)
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 |
— |