Council of the European Union and European Parliament 26 October 2016, 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 Also known as
Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 establishes a harmonised Union framework for determining and managing phytosanitary risks posed by pests of plants, replacing Council Directive 2000/29/EC, by classifying pests as Union quarantine pests, protected zone quarantine pests, or Union regulated non-quarantine pests and imposing corresponding prohibitions, special requirements, and eradication or containment measures applicable throughout or within specific parts of the Union territory. Key provisions govern the listing and delisting of pests and priority pests, the establishment and management of demarcated areas and protected zones, mandatory survey and notification obligations for Member States and professional operators, the registration and traceability obligations of professional operators, and the certification regime for the introduction of plants, plant products, and other objects into the Union territory via phytosanitary certificates and plant passports. The Regulation confers implementing and delegated powers on the Commission, applies from 14 December 2019, and repeals the enumerated Council Directives, with certain repeals taking effect from 1 January 2022.AI
European Union ·
Table of Contents 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 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 23.11.2016
EN
Official Journal of the European Union
L 317/4
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,
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