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

SECTION 2 U.K. Principles for the management of the risks of pests as referred to in Article 17(1), Article 18(3), Article 21, [F1 Article 28(4)], Article 29(1), [F2 Article 30(5)], Article 31(1), [F3 Article 37(5C)] and (8), [F4 Article 40(3B), Article 41(3B), Article 49(2), Article 53(3A), Article 54(3B)], Article 72(3), Article 74(3), Article 75(2), Article 79(3) and Article 80(3)

The management of the risks of [F5 GB] quarantine pests, [F6 PFA] quarantine pests and [F5 GB] regulated non-quarantine pests shall respect the following principles:

Textual Amendments

F5 Word in Annex 2 Section 2 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(b)(i) (with regs. 53, 55)

F6 Word in Annex 2 Section 2 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(b)(ii) (with regs. 53, 55)

(1)

Necessity

Measures to manage the risk of a pest shall be applied only where such measures are necessary to prevent the entry, establishment and spread of that pest.

(2)

Proportionality

Measures taken to manage the risk of a pest shall be proportionate to the risk posed by the pest concerned and the level of protection that is required.

(3)

Minimal impact

Measures taken to manage the risk of a pest shall represent the least restrictive measures available, and result in the minimum impediment to the international movement of people, commodities and conveyances.

(4)

Non-discrimination

Measures taken to manage the risk of a pest shall not be applied in such a way as to constitute either a means of arbitrary or unjustified discrimination or a disguised restriction, particularly on international trade. They shall be no more stringent for third countries than measures applied to that same pest if present within [F7 Great Britain], if third countries can demonstrate that they have the same phytosanitary status and apply identical or equivalent phytosanitary measures.

(5)

Technical justification

Measures taken to manage the risk of a pest shall be technically justified on the basis of conclusions reached by using an appropriate risk analysis or, where applicable, another comparable examination and evaluation of available scientific information. Those measures should reflect, and, where appropriate, be modified or removed to reflect, new or updated risk analysis or relevant scientific information.

(6)

Feasibility

Measures taken to manage the risk of a pest should be such as to allow that the objective of those measures is likely achieved.

Textual Amendments

F7 Words in Annex 2 Section 2(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(c) (with regs. 53, 55)

Textual Amendments

F1 Words in Annex 2 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(a)(i) (with regs. 53, 55)

F2 Words in Annex 2 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(a)(ii) (with regs. 53, 55)

F3 Words in Annex 2 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(a)(iii) (with regs. 53, 55)

F4 Words in Annex 2 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(a)(iv) (with regs. 53, 55)