Commission Implementing Regulation (EU) 2019/2072Show full title

Article 1 Subject matter

This Regulation implements Regulation (EU) 2016/2031, as regards the listing of Union quarantine pests, protected zone quarantine pests and Union regulated non-quarantine pests, and the measures on plants, plant products and other objects to reduce the risks of those pests to an acceptable level.

Article 2 Definitions

1. For the purposes of this Regulation, the definitions provided for in Annex I shall apply.

2. In addition, the following definitions shall apply:

(a) ‘practically free from pests’ means the extent of presence of pests, other than Union quarantine pests or protected zone quarantine pests, on the plants for planting or fruit plants, which is sufficiently low to ensure acceptable quality and usefulness of those plants;

(b) ‘official statement’ means a phytosanitary certificate, as provided for in Article 71 of Regulation (EU) 2016/2031, a plant passport, as provided for in Article 78 of that Regulation, the mark on wood packaging material, wood or other objects, as referred to in Article 96 of that Regulation, or the official attestations as referred to in Article 99 of that Regulation;

(c) ‘systems approach’ means the integration of different risk management measures, at least two of which act independently, and which, when applied together, achieve the appropriate level of protection against Union quarantine pests, protected zone quarantine pests and pests subject to the measures adopted pursuant to Article 30 of Regulation (EU) 2016/2031.

Article 3 List of Union quarantine pests

The list of Union quarantine pests, as referred to in Article 5 of Regulation (EU) 2016/2031, is set out in Annex II to this Regulation.

The list of Union quarantine pests not known to occur in the Union territory is set out in Part A of Annex II and the list of Union quarantine pests known to occur in the Union territory is set out in Part B of Annex II.

Article 4 List of protected zones and the respective protected zone quarantine pests

The list of the protected zones and the respective protected zone quarantine pests, as referred to in Article 32(3) of Regulation (EU) 2016/2031, is set out in Annex III to this Regulation.

Article 5 List of Union regulated non-quarantine pests and specific plants for planting, with categories and thresholds

The list of Union regulated non-quarantine pests (‘RNQPs’) and specific plants for planting with categories and thresholds, as referred to in Article 37(2) of Regulation (EU) 2016/2031, are set out in Annex IV to this Regulation. Those plants for planting shall not be introduced into, or moved within, the Union if the presence of the RNQPs, or symptoms caused by RNQPs, on those plants for planting is above those thresholds.

The prohibition of introduction and movement provided for in the first paragraph shall apply only to the categories of plants for planting as provided for in Annex IV.

Article 6 Measures to prevent the presence of RNQPs on specific plants for planting

1. The measures to prevent the presence of RNQPs concerning the movement within and introduction into the Union of specific plants for planting, as referred to in Article 37(4) of Regulation (EU) 2016/2031, are set out in Annex V to this Regulation.

2. The list set out in Annex IV to this Regulation and Annex V thereto shall not affect the measures adopted pursuant to Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 98/56/EC, 1999/105/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC concerning:

(a) inspections, sampling and testing of the plants for planting concerned or the plants from which they originate;

(b) the origin of the respective plants for planting from the areas or sites, which are free from, or with physical protection from, the RNQPs concerned;

(c) treatments of the plants for planting concerned, or the plants from which they originate;

(d) the production of the plants for planting.

3. In addition, the list set out in Annex IV to this Regulation and Annex V thereto shall not affect the exceptions for plants for planting, adopted pursuant to Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 98/56/EC, 1999/105/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC, from the requirements for marketing set out by those Directives, including:

(a) exceptions concerning the supply of plants for planting to official testing and inspection bodies;

(b) exceptions concerning the supply of plants for planting as grown to providers of services for processing or packaging, under the condition that the provider of services does not acquire title to the plants thus supplied and the identity of the plants is ensured;

(c) exceptions concerning the supply of plants for planting under certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose;

(d) exceptions for plants for planting intended for scientific purposes, selection work, other test or trial purposes;

(e) exceptions from marketing requirements concerning plants for planting not finally certified;

(f) exceptions from marketing requirements set out in the provisions of Implementing Decision (EU) 2017/478;

(g) exceptions from marketing requirements for plants for planting shown to be intended for export to third countries.

Article 7 List of plants, plant products and other objects whose introduction into the Union from certain third countries is prohibited

The list of plants, plant products and other objects whose introduction into the Union territory is prohibited, together with the third countries, groups of third countries or specific areas of third countries to which the prohibition applies, as referred to in Article 40(2) of Regulation (EU) 2016/2031, is set out in Annex VI to this Regulation.

Article 8 List of plants, plant products and other objects originating from third countries, or in the Union territory and the corresponding special requirements for their introduction into or movement within the Union territory

1. The list of plants, plant products and other objects, originating from third countries, and the corresponding special requirements for their introduction into the Union territory, as referred to in Article 41(2) of Regulation (EU) 2016/2031, is set out in Annex VII to this Regulation.

2. The list of plants, plant products and other objects, originating in the Union territory, and the corresponding special requirements for their movement within the Union territory, as referred to in Article 41(2) of Regulation (EU) 2016/2031, is set out in Annex VIII to this Regulation.

Article 9 List of plants, plant products and other objects, whose introduction into certain protected zones is prohibited

The list of plants, plant products and other objects, originating from third countries or within the Union territory, whose introduction into certain protected zones is prohibited, as referred to in Article 53(2) of Regulation (EU) 2016/2031, is set out in Annex IX to this Regulation.

Article 10 List of plants, plant products and other objects to be introduced into, or moved within protected zones and corresponding special requirements for protected zones

The list of plants, plant products and other objects, the respective protected zones and the corresponding special requirements for protected zones, as referred to in Article 54(2) of Regulation (EU) 2016/2031, are set out in Annex X to this Regulation.

Article 11 List of plants, plant products and other objects, as well as the respective third countries of origin or dispatch, for which phytosanitary certificates are required

1. The list of plants, plant products and other objects, as well as the respective third countries of origin or dispatch, whose introduction into the Union territory requires a phytosanitary certificate, as referred to in Article 72(1) of Regulation (EU) 2016/2031, is set out in Part A of Annex XI to this Regulation.

2. The list of plants, subject to the exception from a phytosanitary certificate as provided for in the second subparagraph of Article 73 of Regulation (EU) 2016/2031, is set out in Part C of Annex XI to this Regulation.

3. All plants, other than the plants referred to in paragraphs 1 and 2, shall only be introduced into the Union, if they are accompanied by a phytosanitary certificate in accordance with the first subparagraph of Article 73 of Regulation (EU) 2016/2031. The available CN codes of those plants are listed in Part B of Annex XI to this Regulation.

Article 12 List of plants, plant products and other objects for which a phytosanitary certificate is required for their introduction into a protected zone from certain third countries of origin or dispatch

The list of plants, plant products and other objects, whose introduction into certain protected zones from certain third countries of origin or dispatch requires a phytosanitary certificate, as referred to in Article 74(1) of Regulation (EU) 2016/2031, is set out in Annex XII to this Regulation.

Article 13 List of plants, plant products and other objects for which a plant passport is required for their movement within the Union territory

1. The list of plants, plant products and other objects for which a plant passport is required for their movement within the Union territory, as referred to in Article 79(1) of Regulation (EU) 2016/2031, is set out in Annex XIII to this Regulation.

2. By way of derogation from paragraph 1, a plant passport shall not be required for the movement within the Union of seeds, which fulfil both of the following conditions:

(a) they are subject to the exceptions referred to in Article 6(3); and

(b) they are not subject to the special requirements of Annex VIII or Annex X.

Article 14 List of plants, plant products and other objects for which a plant passport with the designation ‘PZ’ is required for introduction into, and movement within certain protected zones

The list of plants, plant products and other objects for which a plant passport is required for their introduction into, or movement within certain protected zones, as referred to in Article 80(1) of Regulation (EU) 2016/2031, is set out in Annex XIV to this Regulation.

Plant passports referred to in the first paragraph shall bear the designation ‘PZ’.

Article 15 Repeal of Regulation (EC) No 690/2008

Regulation (EC) No 690/2008 is repealed.

Article 16 Amendment of Implementing Regulation (EU) 2018/2019

Implementing Regulation (EU) 2018/2019 is amended as follows:

(1)

Article 2 is deleted;

(2)

Annex II is deleted.

Article 17 Transitional measures

Seeds and other plants for planting introduced into the Union territory, moved within the Union territory or produced, before 14 December 2019, pursuant to the applicable requirements of Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 98/56/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC, 2008/90/EC concerning the presence of RNQPs before that date, may, until 14 December 2020, be introduced into, or moved within, the Union territory if they comply with those requirements. As of 14 December 2020. Articles 5 and 6 shall apply to all plants for planting covered by this Regulation.

Plant passports, required by this Regulation for the movement of seeds and other plants for planting within the Union territory benefitting from the transitional period laid down in paragraph 1 of this Article, shall until 14 December 2020 only be required to attest their compliance with the rules concerning Union quarantine pests, protected zone quarantine pests or measures adopted pursuant to Article 30 of Regulation (EU) 2016/2031.

Article 18 Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 14 December 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 November 2019.

For the Commission

The President

Jean-Claude Juncker