Commission Implementing Decision (EU) 2015/789 (repealed)Show full title

Article 17 Introduction into the Union of specified plants originating in a third country where the specified organism is known to be present

1. Specified plants originating in a third country where the specified organism is known to be present may be introduced into the Union where the following conditions are fulfilled:

(a) they are accompanied by a phytosanitary certificate, as referred to in Article 13(1)(ii) of Directive 2000/29/EC;

(b) they comply with paragraph 2 or with paragraphs 3 and 4;

(c) on entry into the Union they have been checked by the responsible official body in accordance with Article 18 and neither presence nor symptoms of the specified organism have been found.

2. Where specified plants originate in an area free from the specified organism, as established by the national plant protection organisation concerned in accordance with relevant International Standards for Phytosanitary Measures, the following conditions shall be fulfilled:

(a) the national plant protection organisation of the third country concerned has communicated in writing to the Commission the name of that area;

(b) the name of that area is stated in the phytosanitary certificate under the rubric ‘place of origin’.

3. Where specified plants originate in an area where the specified organism is known to be present, the phytosanitary certificate shall state under the rubric ‘Additional Declaration’ that:

(a) the specified plants have been produced in one or more sites fulfilling the conditions set out in paragraph 4;

(b) the national plant protection organisation of the third country concerned has communicated in writing to the Commission the list of those sites, including their location within the country;

(c) phytosanitary treatments against the vectors of the specified organism are applied in the site and its zone as referred to in paragraph 4(c);

(d) representative samples of each species of specified plants from each site have been subject to annual testing, at the most appropriate time, and the absence of the specified organism has been confirmed on the basis of tests carried out in accordance with internationally validated testing methods;

(e) the specified plants have been transported in closed containers or packaging, ensuring that infection with the specified organism or any of its known vectors cannot occur;

(f) as practically close to the time of export as possible, the lots of the specified plants were subjected to official visual inspection, sampling and molecular testing, carried out in accordance with internationally validated testing methods, confirming the absence of the specified organism, using a sampling scheme able to identify with 99 % reliability a level of presence of infected plants of 1 % or above and targeted especially at plants displaying suspect symptoms of the specified organism;

(g) immediately prior to export, the lots of the specified plants were subjected to phytosanitary treatments against any of the known vectors of the specified organism.

In addition, the phytosanitary certificate referred to in point (a) of paragraph 1 shall indicate under the rubric ‘Place of origin’ the identification of the site referred to in point (a).

4. The site referred to in point (a) of paragraph 3 shall fulfil the following conditions:

(a) it is authorised by the national plant protection organisation as free from the specified organism and its vectors, in accordance with the relevant International Standards for Phytosanitary Measures;

(b) it is physically protected against the introduction of the specified organism by its vectors;

(c) it is surrounded by a zone with a width of 200 meters which has been found by official visual inspection, and, in case of suspicion of the presence of the specified organism, by sampling and testing, to be free from the specified organism, and is subject to appropriate phytosanitary treatments against the vectors of the specified organism; those treatments may include, as appropriate, removal of plants;

(d) it is subject to phytosanitary treatments that aim to maintain freedom from vectors of the specified organism; those treatments may include, as appropriate, removal of plants;

(e) it is subjected annually, together with the zone referred to in point (c), to at least two official inspections carried out at appropriate times;

(f) throughout the production time of the specified plants, neither symptoms of the specified organism nor its vectors were found in the site, or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed;

(g) throughout the production time of the specified plants, no symptoms of the specified organism were found in the zone referred to in point (c) or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed.