Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October…

Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC

regulation · European Union · 32016R2031

1010 provisions in 2853 nodes · 38 provisions hand work to national law

Defined terms · All instruments · EU Member State · Internet · Internet site · access to information · animal life · biodiversity · branch · climate change

CHAPTER I Subject matter, scope and definitions

Article 1 Subject matter and scope

Division

Article 2 Definitions

CHAPTER II Quarantine pests

Section 1 Quarantine pests

Article 3 Definition of quarantine pests

Section 2 Union quarantine pests

Article 4 Definition of Union quarantine pests

Division

Article 5 Prohibition of introduction, movement, holding, multiplication or release of Union quarantine pests

Division

Article 6 Priority pests

Article 7 Amendment of Section 1 of Annex I

Division

Article 8 Union quarantine pests used for official testing, scientific or educational purposes, trials, varietal selections or breeding

Article 9 Notification of an imminent danger

Article 10 Official confirmation by the competent authorities of the presence of a Union quarantine pest

Division

Article 11 Notification of Union quarantine pests by the Member States to the Commission and the other Member States

Article 12 Information on Union quarantine pests to be provided to professional operators by the competent authorities

Division

Article 13 Information on priority pests to be provided to the public by the competent authorities

Division

Article 14 Measures to be taken immediately by professional operators

Article 15 Measures to be taken by persons other than professional operators

Division

Article 16 Derogations to notification obligations

Article 17 Eradication of Union quarantine pests

Division

Article 18 Establishment of demarcated areas

Article 19 Surveys and modifications of demarcated areas and lifting of restrictions

Article 20 Reports on measures taken in accordance with Articles 17, 18 and 19

Division

Article 21 Amendment of Annex II

Division

Article 22 Surveys on Union quarantine pests and pests provisionally qualifying as Union quarantine pests

Article 23 Multiannual survey programmes and collection of information

Article 24 Surveys of priority pests

Division

Article 25 Contingency plans for priority pests

Article 26 Simulation exercises for priority pests

Division

Article 27 Action plans for priority pests

Division

Article 28 Union measures for specific Union quarantine pests

Article 29 Measures by Member States concerning pests not listed as Union quarantine pests

Division

Article 30 Union measures concerning pests not listed as Union quarantine pests

Division

Article 31 More stringent requirements adopted by Member States

Division

Section 3 Protected zone quarantine pests

Article 32 Recognition of protected zones

Article 33 General obligations concerning protected zones

Division

Article 34 Surveys on protected zone quarantine pests

Division

Article 35 Amendment of extent and revocation of recognition of protected zones

CHAPTER III Union regulated non-quarantine pests

Article 36 Definition of Union regulated non-quarantine pests

Article 37 Prohibition of the introduction and movement of Union regulated non-quarantine pests on plants for planting

Article 38 Amendment of Section 4 of Annex I

Division

Article 39 Union regulated non-quarantine pests used for scientific or educational purposes, trials, varietal selection, breeding or exhibitions

Division

CHAPTER IV Measures concerning plants, plant products and other objects

Section 1 Measures relating to the entire Union territory

Article 40 Prohibition of the introduction of plants, plant products and other objects into the Union territory

Division

Article 41 Plants, plant products and other objects subject to special and equivalent requirements

Division

Article 42 Restrictions on the basis of a preliminary assessment for the introduction into the Union territory of high-risk plants, plant products and other objects

Division

Article 43 Specific import conditions for the introduction into the Union territory of wood packaging material

Article 44 Setting out of equivalent requirements

Article 45 Information to be provided to travellers and clients of postal services

Division

Article 46 Exception from prohibitions and requirements for frontier zones

Article 47 Requirements for phytosanitary transit

Article 48 Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding

Article 49 Temporary measures concerning plants, plant products and other objects likely to pose newly identified pest risks or other suspected phytosanitary risks

Article 50 Report from the Commission on the enforcement and effectiveness of measures relating to imports into the Union territory

Division

Article 51 Amendment of Annexes III and IV

Division

Article 52 Temporary measures by Member States concerning imminent danger

Division

Section 2 Measures relating to protected zones

Article 53 Prohibition of introduction of plants, plant products and other objects into protected zones

Division

Article 54 Plants, plant products and other objects subject to special requirements for protected zones

Division

Article 55 Information to be provided to travellers and clients of postal services as regards protected zones

Division

Article 56 Exception from prohibitions and requirements for frontier zones as regards protected zones

Division

Article 57 Requirements for phytosanitary transit as regards protected zones

Division

Article 58 Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding as regards protected zones

Division

Section 3 Other measures concerning plants, plant products and other objects

Article 59 General requirements for vehicles, machinery and packaging material

Division

Article 60 Designation of quarantine stations and confinement facilities

Article 61 Requirements for quarantine stations and confinement facilities

Article 62 Operation of quarantine stations and confinement facilities

Article 63 Supervision of quarantine stations and confinement facilities and revocation of designation

Division

Article 64 Release of plants, plant products and other objects from quarantine stations and confinement facilities

Division

CHAPTER V Registration of professional operators and traceability

Article 65 Official register of professional operators

Article 66 Procedure of registration

Article 67 Content of the register

Article 68 Availability of information of official registers

Division

Article 69 Traceability

Article 70 Movements of plants, plant products and other objects within and between the premises of the professional operator

Division

CHAPTER VI Certification of plants, plant products and other objects

Section 1 Phytosanitary certificates required for the introduction of plants, plant products and other objects into the Union territory

Article 71 Phytosanitary certificate for introduction into the Union territory

Article 72 Plants, plant products and other objects for which phytosanitary certificates are required

Article 73 Other plants for which phytosanitary certificates are required

Division

Article 74 Plants, plant products and other objects for which phytosanitary certificates are required for introduction into a protected zone

Article 75 Exceptions for travellers' luggage

Article 76 Conditions to be fulfilled by a phytosanitary certificate

Article 77 Invalidation of phytosanitary certificate

Division

Section 2 Plant passports required for the movement of plants, plant products and other objects within the Union territory

Article 78 Plant passports

Division

Article 79 Plants, plant products and other objects for which a plant passport is required for movement within the Union territory

Article 80 Plants, plant products and other objects for which a plant passport is required for introduction into, and movement within, protected zones

Article 81 Exception for direct supply to final users

Article 82 Exceptions for movements within and between the premises of a registered operator

Division

Article 83 Content and format of the plant passport

Article 84 Issuance of plant passports by authorised professional operators and competent authorities

Division

Article 85 Substantive requirements for a plant passport for movement within the Union territory

Article 86 Substantive requirements for a plant passport for movement into and within a protected zone

Article 87 Examinations for plant passports

Article 88 Attaching of the plant passports

Division

Article 89 Authorisation of professional operators to issue plant passports

Article 90 Obligations of authorised operators

Division

Article 91 Pest risk management plans

Article 92 Inspections and withdrawal of authorisation

Division

Article 93 Replacing a plant passport

Article 94 Plant passports replacing phytosanitary certificates

Division

Article 95 Invalidation and removal of the plant passport

Division

Section 3 Other attestations

Article 96 Marking of wood packaging material, wood, or other objects

Article 97 Repairing of wood packaging material in the Union territory

Article 98 Authorisation and supervision of registered operators applying the mark of wood packaging material in the Union territory

Article 99 Attestations other than the mark of wood packaging material

Section 4 Export of plants, plant products and other objects from the Union territory

Article 100 Phytosanitary certificate for export from the Union

Article 101 Phytosanitary certificate for re-export from the Union

Article 102 Pre-export certificates

CHAPTER VII Supporting measures by the Commission

Article 103 Establishment of electronic notification system

Division

Article 104 Information items, format and deadlines of notifications, and notifications in the case of suspected presence of pests

CHAPTER VIII Final provisions

Article 105 Exercise of the delegation

Division

Article 106 Urgency procedure

Division

Article 107 Committee procedure

Division

Article 108 Penalties

Article 110 Amendment of Regulation (EU) No 228/2013

Division

Article 111 Amendment of Regulation (EU) 652/2014

Article 112 Amendment of Regulation (EU) No 1143/2014

Division

Article 113 Entry into force and application

CRITERIA FOR THE QUALIFICATION OF PESTS ACCORDING TO THEIR RISK TO THE UNION TERRITORY

SECTION 1 Criteria to identify pests which qualify as a quarantine pest, as referred to in Article 3, Article 6(1), Article 7, Article 29(2), Article 30(2) and Article 49(3)

(1) Identity of the pest

Division

(2) Presence of the pest in the territory in question

(3) Capability of entry, establishment and spread of the pest in the territory in question

(a) Capability of entry

(b) Capability of establishment

(4) Potential economic, social and environmental impact

SECTION 2 Criteria to identify Union quarantine pests which qualify as a priority pest as referred to in Article 6(1) and (2)

SECTION 3 Criteria for a preliminary assessment to identify pests which provisionally qualify as a Union quarantine pest requiring temporary measures as referred to in Article 29(1) and Article 30(1)

Subsection 1 Criteria for a preliminary assessment to identify pests which provisionally qualify as a Union quarantine pest requiring temporary measures as referred to in Article 29(1)

(1) Identity of the pest

Division

(2) Presence of the pest in the Member State's territory

Division

(3) Probability of establishment and spread of the pest in the Union territory, or the specific part(s) of the Union territory where it is not present

Division

(4) Potential economic, social and environmental impact of the pest

Division

Subsection 2 Criteria for a preliminary assessment to identify pests which provisionally qualify as a Union quarantine pest requiring temporary measures as referred to in Article 30(1)

(1) Identity of the pest

Division

(2) Presence of the pest in the Union territory

Division

(3) Probability of establishment and spread of the pest in the Union territory, or the specific part(s) of the Union territory where it is not present

Division

(4) Potential economic, social and environmental impact of the pest

Division

SECTION 4 Criteria to identify pests which qualify as a Union regulated non-quarantine pest as referred to in Articles 36 and 38

(1) Identity of the pest

Division

(2) Probability of spread in the Union territory of the pest

(3) Potential economic, social and environmental impact of the pest

MEASURES AND PRINCIPLES FOR THE MANAGEMENT OF THE RISKS OF PESTS

SECTION 1 Measures to manage the risks of quarantine pests as referred to in Article 17(1), Article 21, Article 25(2), Article 28(4) and (6), Article 29(1), Article 30(5) and (7), Article 40(3), Article 41(3), Article 42(4), Article 46(3), Article 53(3), Article 54(3) and Article 75(2)

SECTION 2 Principles for the management of the risks of pests as referred to in Article 17(1), Article 18(3), Article 21, Article 28(4) and (6), Article 29(1), Article 30(5) and (7), Article 31(1), Article 37(4) and (8), Article 40(3), Article 41(3), Article 46(3), Article 49(2) and (4), Article 53(3), Article 54(3), Article 72(3), Article 74(3), Article 75(2), Article 79(3) and Article 80(3)

CRITERIA TO ASSESS HIGH-RISK PLANTS, PLANT PRODUCTS OR OTHER OBJECTS AS REFERRED TO IN ARTICLE 42

ELEMENTS TO IDENTIFY PLANTS OR PLANT PRODUCTS WHICH ARE LIKELY TO POSE NEWLY IDENTIFIED PEST RISKS OR OTHER SUSPECTED PHYTOSANITARY RISKS FOR THE UNION TERRITORY, AS REFERRED TO IN ARTICLE 49

CONTENTS OF PHYTOSANITARY CERTIFICATES FOR INTRODUCTION INTO THE UNION TERRITORY

PART A Phytosanitary certificates for export as referred to in Article 76(1)

Division

PART B Phytosanitary certificates for re-export as referred to in Article 76(1)

Division

ANNEX VI

CRITERIA TO IDENTIFY PLANTS REFERRED TO IN ARTICLE 73 WHICH DO NOT REQUIRE A PHYTOSANITARY CERTIFICATE

PART A Plant passports for movement within the Union territory as referred to in the first subparagraph of Article 83(2)

PART B Plant passports for movement into and within protected zones as referred to in the second subparagraph of Article 83(2)

PART C Plant passports for movement within the Union territory, combined with a certification label, as referred to in the second subparagraph of Article 83(5)

PART D Plant passports for movement into and within protected zones, combined with a certification label, as referred to in the third subparagraph of Article 83(5)

CONTENTS OF PHYTOSANITARY CERTIFICATES FOR EXPORT, RE-EXPORT AND PRE-EXPORT AS REFERRED TO IN ARTICLE 100(3), ARTICLE 101(4) AND ARTICLE 102(6)

PART A Phytosanitary certificates for export as referred to in Article 100(3)

PART B Phytosanitary certificates for re-export as referred to in Article 101(4)

PART C Pre-export certificates as referred to in Article 102(6)