Article 36
A pest is a ‘Union regulated non-quarantine pest’ if it fulfils all of the following conditions and it is included in the list referred to in Article 37: its identity is established in accordance with point (1) of Section 4 of Annex I; it is present in the Union territory; it is not a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1); it is transmitted mainly through specific plants for planting, in accordance with point (2) of Section 4 of Annex I; its presence on those plants for planting has an unacceptable economic impact, as regards the intended use of those plants for planting, in accordance with point (3) of Section 4 of Annex I; feasible and effective measures are available to prevent its presence on the plants for planting concerned.
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Source: EUR-Lex (Cellar) · retrieved 2026-11-02 · Text as adopted (Official Journal); later amendments are not incorporated in this text.