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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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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.
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.
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.
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