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

Article 46 U.K. Exception from prohibitions and requirements for frontier zones

1. By way of derogation from Article 40(1), Article 41(1) and Article 42(2), Member States may authorise the introduction into the Union territory of plants, plant products and other objects which fulfil all of the following conditions:

(a) they are grown or produced in areas of third countries in the vicinity of their land border with Member States (‘third country frontier zones’);

(b) they are introduced into areas of Member States immediately across that border (‘Member State frontier zones’);

(c) they are to be subject to processing in those Member State frontier zones in such a manner that any pest risk is eliminated;

(d) they do not pose any risk of spreading Union quarantine pests or pests subject to measures adopted pursuant to Article 30(1) caused by movements within the frontier zone.

Those plants, plant products and other objects shall only be moved into and within the Member State frontier zones, and only under the official control of the competent authority.

2. The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing this Regulation by setting out the following:

(a) the maximum width of third country frontier zones and Member State frontier zones, as appropriate for the specific plants, plant products and other objects;

(b) the maximum distance of the movement of the plants, plant products and other objects concerned within the third country frontier zones and Member State frontier zones; and

(c) the procedures for the authorisation of the introduction into, and movement within, the Member State frontier zones of plants, plant products and other objects referred to in paragraph 1 of this Article.

The width of those zones shall be such as to ensure that the introduction and movement of those plants, plant products and other objects in the Union territory does not pose any pest risks to the Union territory or parts of it.

3. The Commission may, by means of implementing acts, lay down specific conditions or measures concerning the introduction into Member State frontier zones of particular plants, plant products and other objects, and determine specific third countries which are subject to this Article.

Those acts shall be adopted in accordance with Annex II and, where appropriate, taking into account the development of scientific and technical knowledge and international standards.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).

4. Member States shall notify, through the electronic notification system referred to in Article 103, the Commission and the other Member States where plants, plant products or other objects have been introduced into, or moved within, Member State frontier zones or third country frontier zones in violation of paragraphs 1, 2 and 3 of this Article.

That notification shall also be made to the third country from which the plants, plant products or other objects were introduced into the frontier zone concerned.