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Regulation (EU) 2016/2031 of the European Parliament of the CouncilShow full title

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

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  1. Introductory Text

  2. CHAPTER I Subject matter, scope and definitions

    1. Article 1.Subject matter and scope

    2. Article 2.Definitions

    3. Article 2a.Meaning of appropriate authority

    4. Article 2b.Meaning of third country and related expressions

    5. Article 2c.Meaning of qualifying Northern Ireland goods and other expressions relating to qualifying Northern Ireland goods

  3. CHAPTER II Quarantine pests

    1. Section 1 Quarantine pests

      1. Article 3.Definition of quarantine pests

    2. Section 2 GB quarantine pests

      1. Article 4.Definition of GB quarantine pests

      2. Article 5.Prohibition of introduction, movement, holding, multiplication or release of GB quarantine pests

      3. Article 6.Priority pests

      4. Article 7.Amendment of Section 1 of Annex I

      5. Article 8.GB quarantine pests used for official testing, scientific or educational purposes, trials, varietal selections or breeding

      6. Article 9.Notification of an imminent danger

      7. Article 10.Official confirmation by the competent authorities of the presence of a GB quarantine pest

      8. Article 11.Notification of GB quarantine pests by competent authorities

      9. Article 12.Information on GB quarantine pests to be provided to professional operators by the competent authorities

      10. Article 13.Information on priority pests to be provided to the public by the competent authorities

      11. Article 14.Measures to be taken immediately by professional operators

      12. Article 15.Measures to be taken by persons other than professional operators

      13. Article 16.Derogations to notification obligations

      14. Article 17.Eradication of GB quarantine pests

      15. Article 18.Establishment of demarcated areas

      16. Article 19.Surveys and modifications of demarcated areas and lifting of restrictions

      17. Article 20.Reports on measures taken in accordance with Articles 17, 18 and 19

      18. Article 21.Amendment of Annex II

      19. Article 22.Surveys on GB quarantine pests and pests provisionally qualifying as GB quarantine pests

      20. Article 23.Multiannual survey programmes and collection of information

      21. Article 24.Surveys of priority pests

      22. Article 25.Contingency plans for priority pests

      23. Article 26.Simulation exercises for priority pests

      24. Article 27.Action plans for priority pests

      25. Article 28.GB measures for specific GB quarantine pests

      26. Article 29.Measures by competent authorities concerning pests not listed as GB quarantine pests

      27. Article 30.Measures concerning provisional GB quarantine pests

      28. Article 31.More stringent requirements ...

    3. Section 3 PFA quarantine pests

      1. Article 32.Recognition of GB pest-free areas

      2. Article 33.General obligations concerning GB pest-free areas

      3. Article 34.Surveys on PFA quarantine pests

      4. Article 35.Amendment of extent and revocation of recognition of protected zones

  4. CHAPTER III GB regulated non-quarantine pests

    1. Article 36.Definition of GB regulated non-quarantine pests

    2. Article 37.Prohibition of the introduction and movement of GB regulated non-quarantine pests on plants for planting

    3. Article 38.Amendment of Section 4 of Annex I

    4. Article 39.GB regulated non-quarantine pests used for scientific or educational purposes, trials, varietal selection, breeding or exhibitions

  5. CHAPTER IV Measures concerning plants, plant products and other objects

    1. Section 1 Measures relating to Great Britain

      1. Article 40.Prohibition of the introduction of plants, plant products and other objects into Great Britain

      2. Article 41.Plants, plant products and other objects subject to special and equivalent requirements

      3. Article 42.Restrictions on the basis of a preliminary assessment for the introduction into Great Britain of high-risk plants, plant products and other objects

      4. Article 43.Specific import conditions for the introduction into Great Britain of wood packaging material

      5. Article 44.Setting out of equivalent requirements

      6. Article 45.Information to be provided to travellers and clients of postal services

      7. Article 46.Exception from prohibitions and requirements for frontier zones

      8. Article 47.Requirements for phytosanitary transit

      9. Article 48.Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding

      10. Article 49.Temporary measures concerning plants, plant products and other objects likely to pose newly identified pest risks or other suspected phytosanitary risks

      11. Article 50.Report from the Commission on the enforcement and effectiveness of measures relating to imports into the Union territory

      12. Article 51.Amendment of Annexes III and IV

      13. Article 52.Temporary measures by Member States concerning imminent danger

    2. Section 2 Measures relating to GB pest-free areas

      1. Article 53.Prohibition of introduction of plants, plant products and other objects into GB pest-free areas

      2. Article 54.Plants, plant products and other objects subject to special requirements for GB pest-free areas

      3. Article 55.Information to be provided to travellers and clients of postal services as regards GB pest-free areas

      4. Article 56.Exception from prohibitions and requirements for frontier zones as regards protected zones

      5. Article 57.Requirements for phytosanitary transit as regards GB pest-free areas

      6. Article 58.Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding as regards GB pest-free areas

    3. Section 3 Other measures concerning plants, plant products and other objects

      1. Article 59.General requirements for vehicles, machinery and packaging material

      2. Article 60.Designation of quarantine stations and confinement facilities

      3. Article 61.Requirements for quarantine stations and confinement facilities

      4. Article 62.Operation of quarantine stations and confinement facilities

      5. Article 63.Supervision of quarantine stations and confinement facilities and revocation of designation

      6. Article 64.Release of plants, plant products and other objects from quarantine stations and confinement facilities

  6. CHAPTER V Registration of professional operators and traceability

    1. Article 65.Official register of professional operators

    2. Article 66.Procedure of registration

    3. Article 67.Content of the register

    4. Article 68.Availability of information of official registers

    5. Article 69.Traceability

    6. Article 70.Movements of plants, plant products and other objects within and between the premises of the professional operator

  7. CHAPTER VI Certification of plants, plant products and other objects

    1. Section 1 Phytosanitary certificates required for the introduction of plants, plant products and other objects into Great Britain

      1. Article 71.Phytosanitary certificate for introduction into Great Britain

      2. Article 72.Plants, plant products and other objects for which phytosanitary certificates are required

      3. Article 73.Other plants for which phytosanitary certificates are required

      4. Article 74.Plants, plant products and other objects for which phytosanitary certificates are required for introduction into a GB pest-free area

      5. Article 74a.Commodity classification

      6. Article 75.Exceptions for travellers' luggage

      7. Article 76.Conditions to be fulfilled by a phytosanitary certificate

      8. Article 77.Invalidation of phytosanitary certificate

    2. Section 2 UK plant passports required for the movement of plants, plant products and other objects within or into Great Britain

      1. Article 78.UK plant passports

      2. Article 79.Plants, plant products and other objects for which a UK plant passport is required for movement within or into Great Britain

      3. Article 80.Plants, plant products and other objects for which a UK plant passport is required for introduction into, and movement within, GB pest-free areas

      4. Article 81.Exception for direct supply to final users

      5. Article 82.Exceptions for movements within and between the premises of a registered operator

      6. Article 83.Content and format of the UK plant passport

      7. Article 84.Issuance of UK plant passports by authorised professional operators and competent authorities

      8. Article 85.Substantive requirements for a UK plant passport ...

      9. Article 86.Substantive requirements for a UK plant passport for movement into and within a GB pest-free area

      10. Article 86a.UK plant passports for the introduction of plants, plant products and other objects into CD territories from Great Britain

      11. Article 87.Examinations for UK plant passports

      12. Article 88.Attaching of the UK plant passports

      13. Article 89.Authorisation of professional operators to issue UK plant passports

      14. Article 90.Obligations of authorised operators

      15. Article 91.Pest risk management plans

      16. Article 92.Inspections and withdrawal of authorisation

      17. Article 92a.UK plant passports issued in CD territories

      18. Article 93.Replacing a UK plant passport

      19. Article 94.UK plant passports replacing phytosanitary certificates

      20. Article 95.Invalidation and removal of a UK plant passport

      21. Article 95a.Introduction of qualifying Northern Ireland goods into Great Britain and their movement within Great Britain

    3. Section 3 Other attestations

      1. Article 96.Marking of wood packaging material, wood, or other objects

      2. Article 97.Repairing of wood packaging material in Great Britain

      3. Article 98.Authorisation and supervision of registered operators applying the mark of wood packaging material in Great Britain

      4. Article 99.Attestations other than the mark of wood packaging material

    4. Section 4 Export of plants, plant products and other objects from Great Britain

      1. Article 99a.Interpretation

      2. Article 100.Phytosanitary certificate for export from Great Britain

      3. Article 101.Phytosanitary certificate for re-export from Great Britain

      4. Article 102.Pre-export certificates

  8. CHAPTER VII Supporting measures by the Commission

    1. Article 103.Establishment of electronic notification system

    2. Article 104.Information items, format and deadlines of notifications, and notifications in the case of suspected presence of pests

  9. CHAPTER VIII Final provisions

    1. Article 105.Regulations

    2. Article 105A.Penalties

    3. Article 106.Urgency procedure

    4. Article 107.Committee procedure

    5. Article 108.Penalties

    6. Article 109.Repeals

    7. Article 110.Amendment of Regulation (EU) No 228/2013

    8. Article 111.Amendment of Regulation (EU) 652/2014

    9. Article 112.Amendment of Regulation (EU) No 1143/2014

    10. Article 113.Entry into force and application

  10. Signature

    1. Expand +/Collapse -

      ANNEX I

      CRITERIA FOR THE QUALIFICATION OF PESTS ACCORDING TO THEIR RISK TO GREAT BRITAIN

      1. SECTION 1 Criteria to identify pests which qualify as a quarantine pest,...

        1. (1) Identity of the pest

        2. (2) Presence of the pest in the territory in question

        3. (3) Capability of entry, establishment and spread of the pest in...

          1. (a) Capability of entry

          2. (b) Capability of establishment

          3. (c) Capability of spread

        4. (4) Potential economic, social and environmental impact

      2. SECTION 2 Criteria to identify GB quarantine pests which qualify as a...

      3. SECTION 3 Criteria for a preliminary assessment to identify pests which provisionally...

        1. Subsection 1 Criteria for a preliminary assessment to identify pests which provisionally...

          1. (1) Identity of the pest

          2. (2) Presence of the pest in Great Britain

          3. (3) Probability of establishment and spread of the pest in Great...

          4. (4) Potential economic, social and environmental impact of the pest

        2. Subsection 2 Criteria for a preliminary assessment to identify pests which provisionally...

          1. (1) Identity of the pest

          2. (2) Presence of the pest in Great Britain

          3. (3) Probability of establishment and spread of the pest in Great...

          4. (4) Potential economic, social and environmental impact of the pest

      4. SECTION 4 Criteria to identify pests which qualify as a GB regulated...

        1. (1) Identity of the pest

        2. (2) Probability of spread in Great Britain of the pest

        3. (3) Potential economic, social and environmental impact of the pest

    2. Expand +/Collapse -

      ANNEX II

      MEASURES AND PRINCIPLES FOR THE MANAGEMENT OF THE RISKS OF PESTS

      1. SECTION 1 Measures to manage the risks of quarantine pests as referred...

      2. SECTION 2 Principles for the management of the risks of pests as...

    3. Expand +/Collapse -

      ANNEX III

      CRITERIA TO ASSESS HIGH-RISK PLANTS, PLANT PRODUCTS OR OTHER OBJECTS AS REFERRED TO IN ARTICLE 42

      1. The criteria to be taken into account for the assessment...

      2. as regards plants for planting other than seeds: they are...

    4. Expand +/Collapse -

      ANNEX IV

      ELEMENTS TO IDENTIFY PLANTS OR PLANT PRODUCTS WHICH ARE LIKELY TO POSE NEWLY IDENTIFIED PEST RISKS OR OTHER SUSPECTED PHYTOSANITARY RISKS FOR GREAT BRITAIN, AS REFERRED TO IN ARTICLE 49

      1. Plants or plant products from third countries shall be considered...

      2. Characteristics of the plants or plant products: they belong to,...

    5. Expand +/Collapse -

      ANNEX V

      CONTENTS OF PHYTOSANITARY CERTIFICATES FOR INTRODUCTION INTO GREAT BRITAIN

      1. PART A Phytosanitary certificates for export as referred to in Article 76(1)...

      2. PART B Phytosanitary certificates for re-export as referred to in Article 76(1)...

    6. Expand +/Collapse -

      ANNEX VI

      CRITERIA TO IDENTIFY PLANTS REFERRED TO IN ARTICLE 73 WHICH DO NOT REQUIRE A PHYTOSANITARY CERTIFICATE

      1. The assessment referred to in Article 73 shall take into...

    7. Expand +/Collapse -

      ANNEX VII

      UK PLANT PASSPORTS

      1. Expand +/Collapse -

        PART A UK plant passports ... as referred to in the first...

        1. (1) The UK plant passport for the movement of plants, plant...

        2. (2) The traceability code referred to in point (1)(e) may also...

      2. Expand +/Collapse -

        PART B UK plant passports for movement into GB pest-free areas and...

        1. (1) The UK plant passport for movement into and within GB...

        2. (2) The traceability code referred to in point (1)(f) may also...

      3. Expand +/Collapse -

        PART C UK plant passports ... , combined with a certification label,...

        1. (1) The UK plant passport for the movement of plants, plant...

        2. (2) Point (2) of Part A shall apply accordingly.

      4. Expand +/Collapse -

        PART D UK plant passports for movement into and within GB pest-free...

        1. (1) The UK plant passport for movement into and within GB...

        2. (2) Point (2) of Part B shall apply accordingly.

    8. Expand +/Collapse -

      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)

      1. Expand +/Collapse -

        PART A Phytosanitary certificates for export as referred to in Article 100(3)

        1. 1. The phytosanitary certificate for movement out of the Union territory,...

        2. 2. Where the phytosanitary certificate is not issued electronically, the paper...

      2. Expand +/Collapse -

        PART B Phytosanitary certificates for re-export as referred to in Article 101(4)...

        1. 1. The phytosanitary certificate for movement out of the Union territory,...

        2. 2. Where the phytosanitary certificate is not issued electronically, the paper...

      3. PART C Pre-export certificates as referred to in Article 102(6)

    9. Expand +/Collapse -

      ANNEX IX

      CORRELATION TABLE

      1. Council Directive 69/464/EEC This Regulation Article 1 Article 28(1) Article...

      2. Council Directive 93/85/EEC This Regulation Article 1 Article 28(1) Article...

      3. Council Directive 98/57/EC This Regulation Article 1 Article 28(1) Article...

      4. Council Directive 2007/33/EC This Regulation Article 1 Article 28(1) Articles...

      5. See Article 109(1). Council Directive 2000/29/EC This Regulation Article 1(1)...

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