lexiara

Section 4

Where, for the export of a plant, plant product or other object from the Union territory to a third country, a phytosanitary certificate is required by the phytosanitary import requirements of that third country (‘phytosanitary certificate for export’), that certificate shall be issued by the competent authority, at the request of the professional operator, when all of the following conditions are fulfilled: the professional operator is registered by that competent authority in accordance with Article 65; the professional operator has under its control the plant, plant product or other object to be exported; it is ensured that that plant, plant product or other object complies with the phytosanitary import requirements of the third country concerned. The competent authority shall also issue a phytosanitary certificate for export at the request of persons other than professional operators, provided that the conditions set out in points (b) and (c) of the first subparagraph are fulfilled. For the purpose of this paragraph, the competent authority shall not delegate the issuance of the phytosanitary certificate for export to any other person. Without prejudice to obligations under the IPPC, and taking into account the relevant international standards, the phytosanitary certificate for export shall be issued where the information available allows the competent authority to certify compliance of the plant, plant product or other object concerned with the phytosanitary import requirements of the third country concerned. That information may originate from one or more of the following elements, as applicable: inspections, sampling and testing of the plants, plant products or other objects concerned, or their place of production and its vicinities; official information on the pest status in the production site, place of production, area or country of origin of the plants, plant products or other objects concerned; a plant passport, as referred to in Article 78, accompanying the plants, plant products or other objects concerned, where that plant passport attests the results of inspections by the competent authority; the mark of wood packaging material as referred to in Article 96(1), or the attestations referred to in Article 99(1); the information included in the pre-export certificate referred to in Article 102; official information included in the phytosanitary certificate as referred to in Article 71, where the plants, plant products or other objects concerned have been introduced into the Union territory from a third country. The phytosanitary certificate for export shall comply with the description and format of the model set out in Part A of Annex VIII. The Commission is empowered to adopt delegated acts in accordance with Article 105 amending the elements referred to in paragraph 2 of this Article and Part A of Annex VIII to adapt them to the development of the relevant international standards. Electronic phytosanitary certificates for export shall be provided through, or in electronic exchange with, a computerised information management system for official controls at Union level. For the re-export of a plant, plant product or other object which originates in a third country and has been introduced into the Union territory from that, or another, third country, a phytosanitary certificate for re-export from the Union (‘the phytosanitary certificate for re-export’) shall, where possible, be issued instead of the phytosanitary certificate for export. The phytosanitary certificate for re-export shall be issued by the competent authority at the request of the professional operator when all of the following conditions are fulfilled: that professional operator is registered by that competent authority in accordance with Article 65; the professional operator has under its control the plant, plant product or other object to be re-exported; it is ensured that that plant, plant product or other object complies with the phytosanitary import requirements of the third country concerned. The competent authority shall also issue a phytosanitary certificate for re-export at the request of persons other than professional operators, provided that the conditions set out in points (b) and (c) of the second subparagraph are fulfilled. For the purpose of this paragraph, the competent authority shall not delegate the issuance of the phytosanitary certificate for re-export to any other person. Without prejudice to obligations under the IPPC, and taking into account the relevant international standards, the phytosanitary certificate for re-export shall be issued where the information available allows certifying of compliance with the phytosanitary import requirements of the third country concerned and that all of the following conditions are complied with: the original phytosanitary certificate accompanying the plant, plant product or other object concerned from the third country of origin, or a certified copy of it, is attached to the phytosanitary certificate for re-export; the plant, plant product or other object concerned has not been grown, produced or processed to change its nature since its introduction in the Union territory; the plant, plant product or other object concerned has not been exposed to any risk of infestation or contamination with quarantine pests or regulated non-quarantine pests, listed as such by the third country of destination, during storage in the Member State from which it is to be exported to that third country; the identity of the plant, plant product or other object concerned has been maintained. Article 100(2) shall apply mutatis mutandis. The phytosanitary certificate for re-export shall comply with the description and format of the model set out in Part B of Annex VIII. The Commission is empowered to adopt delegated acts in accordance with Article 105 amending Part B of Annex VIII to adapt it to the development of the relevant international standards. Electronic phytosanitary certificates for re-export shall be provided through, or in electronic exchange with, a computerised information management system for official controls at Union level. The competent authorities of the Member State from which the plants, plant products or other objects referred to in Article 100(1) are exported and the competent authorities of the Member State in which the plants, plant products or other objects were grown, produced, stored or processed shall exchange the necessary phytosanitary information as the basis for issuing the phytosanitary certificate for export. The exchange of information referred to in paragraph 1 shall take the form of a harmonised document (‘pre-export certificate’), in which the competent authorities of the Member State, in which the plants, plant products and other objects were grown, produced, stored or processed, certify compliance of those plants, plant products or other objects with specific phytosanitary requirements concerning one or more of the following: the absence, or presence below a specified threshold, of particular pests in the plants, plants products or other objects concerned; the origin of the plants, plant products or other objects concerned in a specific field, production site, place of production or area; the pest status in the field, production site, place of production or area of origin or country of origin of the plants, plant products or other objects concerned; the results of the inspections, sampling and testing of the plants, plant products or other objects concerned; the phytosanitary procedures applied to the production or processing of the plants, plant products or other objects concerned. The pre-export certificate shall be issued, on request of the professional operator, by the competent authorities of the Member State in which the plants, plant products or other objects were grown, produced, stored or processed, while those plants, plant products or other objects are on the premises of the professional operator concerned. The pre-export certificate shall accompany the plants, plant products and other objects concerned during their movement within the Union territory, unless the information contained in it is exchanged between the Member States concerned through, or in electronic exchange with, a computerised information management system for official controls at Union level. Without prejudice to the requirements set out in paragraph 3, the pre-export certificate may be issued when the plants, plant products or other objects have left the premises of the professional operator concerned, provided that inspections and, where necessary, sampling have been carried out, confirming the compliance of those plants, plant products or other objects with one or more of the specific phytosanitary requirements referred to in paragraph 2. The pre-export certificate shall contain the elements and shall be in the format as set out in Part C of Annex VIII. The Commission is empowered to adopt delegated acts in accordance with Article 105 amending Part C of Annex VIII in order to adapt it to the development of scientific and technical knowledge and of relevant international standards. The Commission may, by means of implementing acts, lay down the procedures for the issuance of the pre-export certificate. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).

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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.