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Official Journal EN
of the European Union L series
2024/3115 16.12.2024
REGULATION (EU) 2024/3115 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 November 2024
amending Regulation (EU) 2016/2031 as regards multiannual survey programmes, notifications
concerning the presence of regulated non-quarantine pests, temporary derogations from import
prohibitions and special import requirements and establishment of procedures for granting them,
temporary import requirements for high-risk plants, plant products and other objects, the
establishment of procedures for the listing of high-risk plants, the content of phytosanitary
certificates and the use of plant passports, and as regards certain reporting requirements for
demarcated areas and surveys of pests and amending Regulation (EU) 2017/625 as regards certain
notifications of non-compliance
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) Enhanced clarity, transparency and coherence are needed to ensure the correct implementation of Regulation (EU)
2016/2031 of the European Parliament and of the Council (3), as healthy plants are vital to sustainable agricultural
and horticultural production and contribute to food security and food safety and to the protection of the
environment against pests.
(2) Regulation (EU) 2016/2031 sets out rules on protective measures against pests of plants. Those rules include the
classification and listing of regulated pests, requirements concerning the introduction into, and movement within,
the Union territory of certain plants, plant products and other objects, surveys, notifications of outbreaks, measures
to eradicate pests if found present in the Union territory and certification.
(3) Moreover, Regulation (EU) 2016/2031 contains a number of reporting requirements in the fields of establishment of
demarcated areas and surveys of Union quarantine pests, priority pests and protected zones quarantine pests. Those
reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation.
However, it is important to streamline and simplify those requirements in line with the Commission’s
Communication of 16 March 2023 entitled ‘Long-term competitiveness of the EU: looking beyond 2030’ and to
promote harmonised, standardised and digitalised procedures in order to ensure that those requirements fulfil the
purpose for which they were intended and to reduce bureaucracy while limiting the administrative and financial
burden.
(4) In accordance with Article 18(6) of Regulation (EU) 2016/2031, Member States are to notify the Commission and
the other Member States, by 30 April of each year, of the number and locations of the demarcated areas established,
the pests concerned and the respective measures taken during the preceding calendar year.
(1) OJ C, C/2024/1588, 5.3.2024, ELI: http://data.europa.eu/eli/C/2024/1588/oj.
(2) Position of the European Parliament of 24 April 2024 (not yet published in the Official Journal) and decision of the Council of
18 November 2024.
(3) Regulation (EU) 2016/2031 of the European Parliament and 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 (OJ L 317, 23.11.2016, p. 4).
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(5) Experience with the application of Regulation (EU) 2016/2031 has shown that it is more effective, for the purpose
of coordination of phytosanitary policy at Union level, to notify the demarcated areas immediately after their
establishment. Immediate notification of demarcated areas by a Member State helps the other Member States, the
Commission and professional operators to become aware about the presence and spread of the pest concerned and
to decide on the next measures to be taken. Therefore, it is appropriate to include in Article 18(6) of Regulation (EU)
2016/2031 an obligation for Member States to notify the Commission and the other Member States of the
demarcated areas immediately after their establishment, together with the pests concerned and the respective
measures taken. Such an obligation would not add any new administrative burden, because it is already set out in
Annex I, point 7.1, to Commission Implementing Regulation (EU) 2019/1715 (4) and applied by all Member States.
Setting out that obligation in Article 18(6) of Regulation (EU) 2016/2031 would further enhance clarity about the
applicable rules concerning demarcated areas, with the understanding that the corresponding obligation in
Implementing Regulation (EU) 2019/1715 is to be removed to avoid overlaps of the provisions concerned.
(6) Moreover, and as experience with the application of Article 18(6) of Regulation (EU) 2016/2031 has shown, the
obligation for Member States to notify the Commission and the other Member States, by 30 April of each year, of the
number and locations of the demarcated areas established, the pests concerned, and the respective measures taken
during the preceding calendar year only adds administrative burden and has no practical value in view of the
obligation of immediate notification of demarcated areas. The corresponding provision should therefore be removed
from that Article.
(7) In order to rationalise the reporting obligations and to enhance the digitalisation of reporting, the immediate
notification of demarcated areas should be made through the electronic notification system referred to in
Article 103 of Regulation (EU) 2016/2031. For reasons of consistency, the notifications following the finding of
a presence of the pest concerned in the buffer zone referred to in Article 19(2) and the abolition of the demarcated
areas referred to in Article 19(4) of that Regulation should also be made through that electronic notification system.
(8) Experience has shown that on certain occasions Member States need the assistance of experts to allow for swift
action against new outbreaks of particular pests in their territories. Therefore, a Union Plant Health Emergency Team
(‘the Team’) should be created, with the purpose of providing Member States, upon their request, with urgent
assistance in relation to the measures to be taken pursuant to Articles 10 to 19, 27 and 28 of Regulation (EU)
2016/2031 concerning Union quarantine pests, and the measures to be taken pursuant to Article 30 of that
Regulation. In order to protect the Union territory from possible outbreaks in third countries bordering the Union
territory or presenting an imminent phytosanitary risk for that territory, the Team could also be available to provide
third countries with urgent assistance, upon the request of one or more Member States and of the third country
concerned, in relation to the outbreaks in their territories of Union quarantine pests and pests subject to the
measures adopted pursuant to Article 30 of that Regulation.
(9) In order to ensure the appropriate functioning of the Team, rules should be established concerning its appointment,
composition and financing by the Commission. In order to ensure better coordination and efficiency, the members
of the Team should be appointed by the Commission, in consultation with the Member States or third countries
concerned, from experts proposed by the Member States, and those experts should possess different specialities
related to plant health.
(10) In accordance with Article 22(3), Article 24(2) and Article 34(2) of Regulation (EU) 2016/2031, Member States are
to report to the Commission and the other Member States, by 30 April of each year, the results of the surveys which
were carried out in the preceding calendar year, concerning the presence of certain pests within the Union territory,
namely of Union quarantine pests, pests subject to the measures adopted pursuant to Articles 29 and 30 of that
Regulation, priority pests and protected zone quarantine pests. Moreover, Article 23(2) of Regulation (EU)
2016/2031 provides that Member States are, on request, to notify their multiannual survey programmes upon their
establishment to the Commission and the other Member States. In order to rationalise the reporting obligations and
to enhance the digitalisation of reporting, the Articles concerned should be amended by specifying that those
notifications are to be submitted through the electronic notification system referred to in Article 103 of that
Regulation.
(4) Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the functioning of the
information management system for official controls and its system components (the IMSOC Regulation) (OJ L 261, 14.10.2019,
p. 37).
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(11) In accordance with Article 23(1), third subparagraph, of Regulation (EU) 2016/2031, the multiannual survey
programmes are to be established for a period of five to seven years. In order to cope with challenges of
implementing the multiannual survey programmes and to reduce administrative burden for the competent
authorities, that period should be extended to 10 years, and those programmes should be subject to review and
update.
(12) Article 30(1), second subparagraph, of Regulation (EU) 2016/2031 sets out that, where the Commission concludes
that a pest fulfils the criteria as regards pests not listed as Union quarantine pests, set out in Subsection 2 of
Section 3 of Annex I to that Regulation, it is to immediately, by means of implementing acts, adopt measures for
a limited time as regards the risks posed by that pest.
(13) In the course of the implementation of that provision, certain Member States expressed their doubts concerning the
precise scope of the term ‘measures’, and in particular whether it covers actions taken in the context of imports or
internal movement of goods, in order to prevent the entry and spread of the pest concerned in the Union territory.
Therefore, and for reasons of legal clarity and completeness, Article 30(1) of Regulation (EU) 2016/2031 should be
amended to specifically indicate that those measures may include the prohibition of the pest concerned being
introduced into, moved within, or held, multiplied or released in the Union territory, and requirements concerning
the introduction into, and movement within, the Union territory of plants, plant products and other objects.
However, pursuant to Articles 8 and 48 of that Regulation, it is still possible to grant derogations from those
prohibitions where needed, for example for relevant research or breeding activities with regard to resistances or
tolerances.
(14) Article 41 of Regulation (EU) 2016/2031 sets out the requirement to prevent the presence of Union quarantine pests
on plants, plant products or other objects. Paragraph 4 of that Article provides that, in the event that plants, plant
products or other objects have been introduced into, or moved within, the Union territory in violation of
paragraph 1 of that Article, Member States are to adopt the necessary measures, as referred to in Union legislation
on official controls, and to notify the Commission and other Member States through the electronic notification
system referred to in Article 103 of that Regulation.
(15) However, there is no requirement to notify non-compliance with the rules set out in Article 37 of Regulation (EU)
2016/2031, which concerns measures to prevent the presence of regulated non-quarantine pests (‘RNQPs’) on plants
for planting above the specified thresholds when introduced into or moved within the Union territory. That Article
should therefore be amended by providing that, in the event of non-compliance with the requirements on RNQPs,
Member States are to adopt the necessary measures and to notify the Commission, the other Member States and the
third country concerned through the electronic notification system referred to in Article 103 of that Regulation.
(16) Consequently, Article 104 of Regulation (EU) 2016/2031, which concerns notifications in the case of presence of
pests, should also include a reference to Article 37(10) of that Regulation.
(17) The power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European
Union (TFEU) should be delegated to the Commission in respect of supplementing Regulation (EU) 2016/2031 by
setting out the procedure to conduct the listing of high-risk plants, plant products and other objects pursuant to
Article 42(1) of that Regulation. That procedure should include the following elements: the preparation of the
evidence for the assessment of the high-risk plants, plant products and other objects; the actions to be taken
following the receipt of that evidence; the procedures for that assessment; and the handling of dossiers concerning
confidentiality and data protection. This is necessary because experience has shown that a specified procedure to
conduct the listing of high-risk plants could ensure transparency and consistency for Member States, third countries
and the professional operators concerned. It is of particular importance that the Commission carry out appropriate
consultations during its preparatory work, including at expert level, and that those consultations be conducted in
accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better
Law-Making (5). In particular, to ensure equal participation in the preparation of delegated acts, the European
Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts
systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
(5) OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.
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(18) In certain cases, it is appropriate to allow the introduction into the Union territory of certain plants, plant products
or other objects, from certain third countries, by way of derogation from the prohibition established pursuant to
Article 40(1) of Regulation (EU) 2016/2031 or the special and equivalent requirements established by the
implementing act adopted in accordance with Article 41(2) thereof. The plants, plant products and other objects
concerned are currently listed in Annexes VI and VII to Commission Implementing Regulation (EU) 2019/2072 (6).
Such cases are those where the Commission has received evidence justifying the adoption of temporary derogations
with requirements equivalent to, or more stringent than, those referred to in Article 41 of Regulation (EU)
2016/2031, or where a third country has made a request for a derogation and has provided written guarantees that
the measures that it is applying on its territory are effective in reducing the relevant risk from those plants, plant
products or other objects and an assessment has shown that the risk for the Union territory can be reduced to an
acceptable level by the application of certain temporary measures set out in points 2 and 3 of Section 1 of Annex II
to Regulation (EU) 2016/2031.
(19) For purposes of clarity, consistency and transparency, the Commission should be empowered to adopt
implementing acts providing for such derogations. For reasons of completeness, those acts should also set out
the temporary and proportionate measures which are necessary to reduce the phytosanitary risk concerned to an
acceptable level. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the
European Parliament and of the Council (7).
(20) In order to ensure their timely review, the application period of all those implementing acts should be no longer
than five years. In exceptional cases, if justified on the basis of an updated assessment, it should be possible for that
period to be renewed, and for the derogation concerned to be subject to amended requirements, in order to address
any phytosanitary risk.
(21) Moreover, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the
Commission in respect of supplementing Regulation (EU) 2016/2031 with elements concerning the procedure to be
followed in order to grant temporary derogations from Article 40(2) and Article 41(2) of that Regulation. This is
necessary because experience since the adoption of Regulation (EU) 2016/2031 has shown that a standardised
procedure for granting such temporary derogations is necessary to ensure transparency and consistency for Member
States, third countries and the professional operators concerned.
(22) In accordance with Article 42(4) of Regulation (EU) 2016/2031, a plant, plant product or other object is to be
removed from the list of high-risk plants, plant products and other objects if it is concluded, on the basis of a risk
assessment, that their introduction into the Union territory is to be subject to prohibition, special requirements or
no requirements at all. However, experience with the application of that Article has shown that in certain cases the
introduction of those commodities into the Union territory could be subject to special measures that reduce the
phytosanitary risk concerned to an acceptable level, while for some of the relevant pests a full assessment is still
pending. For that reason, implementing powers should be conferred on the Commission to remove plants, plant
products or other objects from the list of high-risk plants, plant products or other objects adopted pursuant to
Article 42(3) of Regulation (EU) 2016/2031, if they present a phytosanitary risk which is not yet fully assessed and
no implementing act has yet been adopted for them pursuant to Article 42(4) of that Regulation. In order to reduce
any phytosanitary risk to an acceptable level, implementing acts adopted pursuant to those powers should set out
temporary measures concerning the introduction of those plants, plant products and other objects into the Union
territory, which should be limited to the appropriate and reasonable period of time needed to perform the full
assessment. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
(23) In accordance with Article 44(1), point (a), of Regulation (EU) 2016/2031, the Commission is to set out equivalent
requirements, by means of implementing acts, on request of a particular third country, if the third country
concerned ensures, through the application under its official control of one or more specified measures, a level of
phytosanitary protection which is equivalent to the special requirements in respect of the movement within the
Union territory of the plants, plant products and other objects concerned.
(6) Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the
implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against
pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU)
2018/2019 (OJ L 319, 10.12.2019, p. 1).
(7) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and
general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ
L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).
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(24) Experience with the implementation of that provision has shown that setting out requirements equivalent only to
the special requirements in respect of the movement of plants, plant products and other objects within the Union
territory is neither adequate nor possible in the event that such requirements for movement do not exist. This is
frequently the case where Union rules concern pests which are only present in third countries and not in the Union
territory and where only requirements for the introduction of commodities into the Union territory have been
adopted.
(25) For that reason, the requested level of phytosanitary protection on the part of the third country concerned should
also be equivalent to the applicable special requirements in respect of the introduction into the Union territory of the
plants, plant products and other objects concerned from all or certain third countries.
(26) In accordance with Article 71(2) of Regulation (EU) 2016/2031, the phytosanitary certificate is to specify under the
heading ‘Additional Declaration’ which specific requirement is fulfilled, whenever the respective implementing act,
adopted pursuant to Article 28(1) and (2), Article 30(1) and (3), Article 37(2), Article 41(2) and (3) and Article 54(2)
and (3) of that Regulation, provides for several options for such requirements. That specification is to include the full
wording of the relevant requirement.
(27) Practice in the application of Regulation (EU) 2016/2031 has shown that the phytosanitary certificates should also
indicate a reference to the requirements adopted pursuant to Article 37(4) of that Regulation, namely measures to
prevent the presence of RNQPs on the plants for planting concerned, as referred to in Article 36, point (f), of that
Regulation, in the case where the respective provision provides for several different options for such requirements.
This is consistent with the approach concerning the Union quarantine pests, as Article 71(2) of that Regulation
refers to the implementing act adopted pursuant to Article 41(2) and (3) thereof. It would also offer more clarity and
certainty to the competent authorities, professional operators and third countries with regard to the application of
the rules concerning RNQPs and the plants for planting concerned.
(28) For that reason, Article 71(2) of Regulation (EU) 2016/2031 should include a reference to the implementing acts
adopted pursuant to Article 37(4) thereof. Moreover, the reference to Article 37(2) of that Regulation should be
removed, as it is not relevant to the content of the Additional Declaration of a phytosanitary certificate. The
Commission should ensure that, by the date of application of those amendments, the rules concerning the presence
of RNQPs on plants for planting are updated by adapting the relevant requirements established in Implementing
Regulation (EU) 2019/2072.
(29) Article 81(1) of Regulation (EU) 2016/2031 provides that no plant passport is to be required for the movement of
plants, plant products or other objects supplied directly to a final user, including home gardeners. However, that
exception is not to apply to final users receiving those plants, plant products or other objects by means of sales
through distance contracts.
(30) Experience since the adoption of Regulation (EU) 2016/2031 has shown that, in certain cases, certain plants, plant
products or other objects should not be accompanied by a plant passport, even if they are distributed through
distance sales. Therefore, implementing powers should be conferred on the Commission to allow it to provide that
Article 81(1), point (a), is not to apply, under certain conditions, to particular plants, plants products or other
objects distributed by means of sales through distance contracts. Those powers should be exercised in accordance
with Regulation (EU) No 182/2011.
(31) In accordance with Article 88 of Regulation (EU) 2016/2031, plant passports are to be attached by the professional
operators concerned to the trade unit of the plants, plant products and other objects concerned before they are
moved within the Union territory pursuant to Article 79 or into or within a protected zone pursuant to Article 80 of
that Regulation. Where such plants, plant products or other objects are moved in a package, bundle or container, the
plant passport is to be attached to that package, bundle or container.
(32) Trade practices based on Regulation (EU) 2016/2031 have shown that, in certain cases, it is not practically feasible to
attach plant passports to trade units of particular plants, plant products or other objects due to their size, shape or
other specific characteristics. Instead, the trade units of those plants, plant products or other objects should be
allowed to be moved within the Union territory with a plant passport associated with them in a way other than by
physical attachment. The requirements of Regulation (EU) 2016/2031 for the issuance of plant passports for the
plants, plant products and other objects concerned should remain unchanged.
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(33) Therefore, implementing powers should be conferred on the Commission to allow certain plants, plant products and
other objects to be moved without a plant passport attached to their trade units, due to their size, shape, way of
packaging or other specific characteristics that make that attachment impractical. In this regard, it is necessary to
determine the arrangements ensuring that the plant passport remains in use, although not attached, and still refers to
the respective plants, plant products and other objects. Those powers should be exercised in accordance with
Regulation (EU) No 182/2011.
(34) Article 94 of Regulation (EU) 2016/2031 provides for plant passports to be issued at the border control posts to
replace the phytosanitary certificates of plants, plant products or other objects introduced in the Union territory.
Instead of issuing plant passports at the border control posts, Member States are already allowed to replace the
phytosanitary certificate by a certified copy of the original phytosanitary certificate to accompany the movement of
the plant, plant product or other object up to the point where the plant passport is issued. In order to contribute to
the process of digitalisation, reduce administrative burden and make further use of the electronic notification system
referred to in Article 103 of that Regulation, Member States should have the possibility to use in such cases the
information contained in that system, provided that the electronic phytosanitary certificate or a digital copy of the
phytosanitary certificate is accessible in that system and is made available upon request of the competent authorities.
Taking into account the guarantees provided through the electronic notification system as regards secure access to
documents, such possibility should no longer be limited to the territory of the Member State where the
phytosanitary import checks were carried out. For similar reasons, that limitation to the territory of the Member
State should no longer apply to the use of certified copies.
(35) In accordance with Article 99(1) of Regulation (EU) 2016/2031, the Commission is empowered to adopt delegated
acts supplementing that Regulation by setting out the elements to be contained in official attestations specific for
plants, plant products or other objects, other than wood packaging material, which are required by the applicable
international standards. Since the adoption of Regulation (EU) 2016/2031, no such international standards have
been adopted, and no preparatory work is currently being carried out by any international organisation to produce
such standards. As a result, it is not possible to adopt those delegated acts and, as a consequence, plants, plant
products or other objects cannot be introduced into the Union territory with such official attestations as alternatives
to phytosanitary certificates.
(36) Moreover, and in accordance with certain implementing acts adopted pursuant to Council Directives 77/93/EEC (8)
and 2000/29/EC (9), plants, plant products and other objects are still being introduced into the Union territory
accompanied by official attestations, other than phytosanitary certificates, issued in several third countries. Those
acts are, in particular, Commission Decisions 93/365/EEC (10), 93/422/EEC (11) and 93/423/EEC (12), and
Commission Implementing Decision 2013/780/EU (13). Those Decisions have been adopted in the absence of any
relevant international standards and are still in force.
(37) The experience gained from the application of Regulation (EU) 2016/2031 and Decisions 93/365/EEC, 93/422/EEC,
93/423/EEC and 2013/780/EU indicates that the official attestations to which they refer offer adequate guarantees
for the phytosanitary protection of the Union territory, despite the fact that no relevant international standards have
ever existed. For that reason, and in order to ensure the continued use of official attestations under Regulation (EU)
2016/2031, the condition that the elements of the delegated act concerned are required by the applicable
international standards should be removed from Article 99(1) of that Regulation.
(8) Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of
harmful organisms of plants or plant products (OJ L 26, 31.1.1977, p. 20).
(9) Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms
harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).
(10) Commission Decision 93/365/EEC of 2 June 1993 authorizing the Member States to provide for derogations from certain
provisions of Council Directive 77/93/EEC in respect of heat-treated coniferous wood, originating in Canada, and establishing the
details of the indicator system to be applied to the heat-treated wood (OJ L 151, 23.6.1993, p. 38).
(11) Commission Decision 93/422/EEC of 22 June 1993 authorizing the Member States to provide for derogations from certain
provisions of Council Directive 77/93/EEC in respect of kiln dried coniferous wood, originating in Canada, and establishing the
details of the indicator system to be applied to the kiln dried wood (OJ L 195, 4.8.1993, p. 51).
(12) Commission Decision 93/423/EEC of 22 June 1993 authorizing the Member States to provide for derogations from certain
provisions of Council Directive 77/93/EEC in respect of kiln dried coniferous wood, originating in the United States of America, and
establishing the details of the indicator system to be applied to the kiln dried wood (OJ L 195, 4.8.1993, p. 55).
(13) Commission Implementing Decision 2013/780/EU of 18 December 2013 providing for a derogation from Article 13(1)(ii) of
Council Directive 2000/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in
the United States of America (OJ L 346, 20.12.2013, p. 61).
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(38) In accordance with Article 103 of Regulation (EU) 2016/2031, the Commission is to establish an electronic system
for the submission of notifications by the Member States. In order to ensure that such electronic system could be
applicable also for the submissions of reports, such as the reports for the surveys of Union quarantine pests, priority
pests, pests subject to the measures adopted pursuant to Articles 29 and 30 of that Regulation and protected zones
quarantine pests, the first paragraph of Article 103 of that Regulation should be amended in order to also include
the submission of reports by the Member States. This is necessary to rationalise the reporting system and strengthen
the process of digitalisation of phytosanitary measures.
(39) Regulation (EU) 2016/2031 should therefore be amended accordingly.
(40) Since the application of Regulation (EU) 2016/2031 and Regulation (EU) 2017/625 of the European Parliament and
of the Council (14), experience has shown that the notification of the absence of the phytosanitary certificate or other
official attestations in the case of plants, plant products or other objects introduced into the Union as part of
passengers’ personal luggage or through postal services and intended for personal consumption or use increases the
administrative burden for the competent authorities disproportionately in relation to the phytosanitary risk
concerned. The notification of those consignments, if they are subject to the measures referred to in Article 1(2),
point (g), of Regulation (EU) 2017/625, should therefore be exempted from Article 66(5) of that Regulation if the
non-compliance concerns the absence of the phytosanitary certificate or other official attestations as referred to in
Article 99(1) of Regulation (EU) 2016/2031. However, and in order to ensure an effective overview of the origin and
nature of non-compliances in each Member State, the competent authorities should keep a record of those cases of
non-compliance and should, on an annual basis, provide the Commission and the competent authorities of the other
Member States with a report containing a summary of those records. In order to rationalise the reporting obligations
and to enhance the digitalisation of reporting, those reports should be submitted via the information management
system for official controls (IMSOC) referred to in Article 131 of Regulation (EU) 2017/625.
(41) In order to allow for the third countries and their professional operators to adapt to the new rules on the issuance of
phytosanitary certificates concerning compliance with the respective RNQP rules, the amendment of Article 71(2) of
Regulation (EU) 2016/2031 should apply from 18 months from the date of entry into force of this Regulation,
HAVE ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EU) 2016/2031
Regulation (EU) 2016/2031 is amended as follows:
(1) in Article 18(6), the first subparagraph is replaced by the following:
‘Member States shall notify the Commission and the other Member States of the demarcated areas immediately after
their establishment, together with the pests concerned and the respective measures taken. Those notifications shall be
made through the electronic notification system referred to in Article 103.’;
(2) in Article 19, the following paragraph is added:
‘8. The finding of a presence of the pest concerned in the buffer zone referred to in paragraph 2 of this Article and
the abolition of the demarcated areas referred to in paragraph 4 of this Article shall be notified through the electronic
notification system referred to in Article 103.’;
(3) the following article is inserted:
(14) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official
activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant
protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU)
No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council
Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC
and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the
Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council
Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).
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‘Article 19a
Union Plant Health Emergency Team
1. A Union Plant Health Emergency Team (“the Team”), composed of experts, shall be created with the purpose of
providing Member States, upon their request, with urgent assistance in relation to the measures to be taken pursuant
to Articles 10 to 19, 27 and 28 concerning new outbreaks of Union quarantine pests and pests subject to the
measures adopted pursuant to Article 30. In justified cases, the Team may also provide urgent assistance to third
countries bordering the Union territory or presenting an imminent phytosanitary risk for that territory, upon the
request of one or more Member States and the third country concerned, in relation to the outbreaks in their territories
of Union quarantine pests and pests subject to the measures adopted pursuant to Article 30.
For each case of assistance, the Commission shall appoint specific members of the Team, on the basis of their
expertise, and in consultation with the Member State or third country concerned.
That assistance may include in particular:
(a) scientific, technical and managerial on-the-spot or remote assistance as regards the eradication of the pests
concerned, the prevention of their spread and other measures, in close collaboration with the competent
authorities of the Member State or third country concerned by outbreaks of pests or suspicion thereof;
(b) specific scientific advice on the suitable diagnostic methods, as appropriate, in coordination with the relevant
European Union reference laboratory referred to in Article 94 of Regulation (EU) 2017/625 and other reference
laboratories;
(c) specific assistance, as appropriate, to support coordination among the competent authorities of the Member States
or third countries and with those laboratories.
The content, conditions and timing of that assistance shall be determined by the Commission in agreement with the
Member State or third country concerned and with the respective Member States providing the experts.
2. Member States may submit to the Commission the list of experts that they propose for designation as members
of the Team and keep it updated. On that occasion, Member States shall provide all relevant information on the
professional profile and the field of expertise of each expert proposed.
3. Members of the Team shall be entitled to an indemnity for their participation in the Team’s on-the-spot activities
and, where applicable, for serving as team leaders or rapporteurs on a specific assistance mission.
That indemnity, and the reimbursement of travel and subsistence costs, shall be paid by the Commission in accordance
with the rules for the reimbursement of travel, subsistence and other expenses for experts.’;
(4) in Article 22(3), the first subparagraph is replaced by the following:
‘Member States shall report to the Commission and the other Member States, by 30 April of each year, the results of
the surveys referred to in paragraph 1 which were carried out in the preceding calendar year. Those reports shall
include information on where the surveys were conducted, the timing of the surveys, the pests and the plants, plant
products or other objects concerned, the number of inspections and samples taken, and the finding of each pest
concerned. Those reports shall be submitted through the electronic notification system referred to in Article 103.’;
(5) Article 23 is amended as follows:
(a) in paragraph 1, the third subparagraph is replaced by the following:
‘The multiannual survey programmes shall be established for a period of five to 10 years. Those programmes shall
be reviewed and updated on the basis of the applicable rules and the phytosanitary situation of the territory
concerned.’;
(b) paragraph 2 is replaced by the following:
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‘2. Member States shall, on request from the Commission, notify their multiannual survey programmes to the
Commission and the other Member States. Those notifications shall be submitted through the electronic
notification system referred to in Article 103.’;
(6) in Article 24, paragraph 2 is replaced by the following:
‘2. Member States shall report to the Commission and the other Member States by 30 April of each year the results
of the surveys referred to in paragraph 1 which were carried out in the preceding calendar year. Those reports shall be
submitted through the electronic notification system referred to in Article 103.’;
(7) in Article 25, paragraph 3 is replaced by the following:
‘3. Contingency plans may be combined for multiple priority pests with similar biology and range of host species.
In those cases, the contingency plan shall consist of a general part common to all priority pests covered by it and of
specific parts for each priority pest concerned. Similarly, Member States may cooperate to synchronise contingency
plans for certain species, where appropriate for priority pest species of similar biology and overlapping or adjoining
ranges of host species.’;
(8) in Article 30(1), the third subparagraph is replaced by the following:
‘Those measures shall, where appropriate, implement, specifically for each of the pests concerned, one or more of the
provisions referred to in points (a) to (g) of the first subparagraph of Article 28(1). They may include the prohibition of
the pest’s introduction into, movement within, or holding, multiplication or release in the Union territory and
requirements concerning the introduction into, and the movement within, the Union territory of plants, plant
products and other objects.’;
(9) in Article 34, paragraph 2 is replaced by the following:
‘2. Member States shall notify the Commission and the other Member States, by 30 April of each year, of the results
of the surveys referred to in paragraph 1 which were carried out in the preceding calendar year. Those notifications
shall be submitted through the electronic notification system referred to in Article 103.’;
(10) in Article 37, the following paragraph is added:
‘10. In the event that plants for planting have been introduced into, or moved within, the Union territory in
non-compliance with paragraph 1 of this Article, Member States shall adopt the necessary measures and shall notify
that non-compliance and those measures to the Commission and other Member States through the electronic
notification system referred to in Article 103.
Member States shall also notify those measures to the third country from which the plants for planting were
introduced into the Union territory.’;
(11) in Article 42, the following paragraph is inserted:
‘1a. The Commission is empowered to adopt a delegated act, in accordance with Article 105, supplementing this
Regulation by setting out the procedure to conduct the listing of high-risk plants, plant products and other objects.
That delegated act shall provide for all of the following elements:
(a) the preparation of the evidence for the assessment of the high-risk plants, plant products and other objects;
(b) the actions to be taken following the receipt of that evidence;
(c) the procedures for that assessment;
(d) the handling of dossiers concerning confidentiality and data protection.’;
(12) the following article is inserted:
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‘Article 42a
Temporary derogations from the prohibitions provided for in Articles 40 and 42, and from the requirements
referred to in Article 41
1. By way of derogation from Article 40(1) and Article 41(1), the Commission may, by means of implementing
acts, adopt temporary derogations from the prohibition provided for in Article 40(1), and from the special and
equivalent requirements referred to in Article 41(2), concerning the introduction into the Union territory of specific
plants, plant products and other objects originating from one or more third countries that present a phytosanitary risk
which is not yet fully assessed.
Those implementing acts shall:
(a) set out temporary measures concerning the introduction of those plants, plant products and other objects into the
Union territory, in accordance with the principles set out in Section 2 of Annex II; and
(b) amend the relevant parts of the implementing acts referred to in Article 40(2) and Article 41(2) by inserting
a reference to the derogation concerning the plant, plant product or other object concerned.
2. The temporary derogations referred to in paragraph 1 may be adopted only if the following conditions have
been fulfilled:
(a) (i) the Commission has received evidence justifying the adoption of temporary derogations with requirements
equivalent to, or more stringent than, those referred to in Article 41; or
(ii) the third country concerned has submitted to the Commission a request containing official written guarantees
for the application in its territory, prior to and at the moment of making the request, of the measures which
are necessary for addressing the phytosanitary risk concerned; and
(b) an assessment has shown that those plants, plant products or other objects pose a risk that can be reduced to an
acceptable level by applying the measures which are necessary to address the phytosanitary risk concerned.
3. The Commission is empowered to adopt a delegated act, in accordance with Article 105, supplementing this
Regulation as regards the procedure to be followed in order to grant the temporary derogations referred to in
paragraph 1 of this Article. That delegated act shall provide for the following elements of the procedure:
(a) the preparation, content and submission of the requests and dossiers by the third countries concerned;
(b) the actions to be taken following the reception of those requests and dossiers, including, where appropriate, the
consultation of scientific bodies or the consideration of scientific opinions or studies;
(c) handling of the requests and dossiers concerning confidentiality and data protection.
4. By way of derogation from Article 42(2), the Commission may, by means of implementing acts, adopt
temporary derogations from the acts referred to in Article 42(3) if all of the following conditions are fulfilled:
(a) the phytosanitary risk of the high-risk plants, plant products or other objects concerned is not yet fully assessed;
(b) a provisional assessment has shown that those plants, plant products or other objects pose a risk that can be
reduced to an acceptable level by applying the measures which are necessary to address the phytosanitary risk
concerned;
(c) no implementing act pursuant to Article 42(4) has yet been adopted as regards the plants, plant products or other
objects concerned.
Those implementing acts shall set out temporary measures which concern the introduction of those plants, plant
products and other objects into the Union and are necessary to reduce the respective phytosanitary risk to an
acceptable level.
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5. The implementing acts referred to in paragraphs 1 and 4 shall provide for yearly reporting from the third
country concerned about the application of the respective temporary measures. In the event that a report leads to the
conclusion that the risk concerned is not appropriately addressed by the measures reported on, the act providing for
those measures shall be immediately repealed or amended as necessary.
6. The application period of the implementing acts referred to in paragraph 1 shall not be longer than five years.
However, that period may be renewed, and the derogation concerned may be subject to amended requirements, if so
justified on the basis of an updated assessment.
7. The implementing acts referred to in paragraphs 1 and 4 shall be adopted in accordance with the examination
procedure referred to in Article 107(2).’;
(13) in Article 44(1), point (a) is replaced by the following:
‘(a) the third country concerned ensures, through the application under its official control of one or more specified
measures, a level of phytosanitary protection which is equivalent to the special requirements in respect of the
introduction into, or movement within, the Union territory of the plants, plant products and other objects
concerned from other third countries;’;
(14) in Article 71, paragraph 2 is replaced by the following:
‘2. The phytosanitary certificate shall specify under the heading “Additional Declaration” which specific
requirement is fulfilled, whenever the respective implementing act adopted pursuant to Article 28(1) and (2), Article
30(1) and (3), Article 37(4), Article 41(2) and (3) and Article 54(2) and (3) allows for several different options for such
requirements. That specification shall include the full wording of the relevant requirement. In the case of one or more
categories of plants for planting, as referred to in Article 37(7) in relation to Union regulated non-quarantine pests,
that specification shall include the full wording of the applicable option for the category concerned.’;
(15) in Article 81, the following paragraph is added:
‘3. The Commission may, by means of implementing acts, set out the cases where paragraph 1, point (a), of this
Article does not apply to particular plants, plants products or other objects distributed by means of sales through
distance contracts. Those implementing acts may specify conditions for their application. Those implementing acts
shall be adopted in accordance with the examination procedure referred to in Article 107(2).’;
(16) in Article 88, the following paragraphs are added:
‘The Commission may, by means of implementing acts, set out provisions:
(a) determining the plants, plant products and other objects which, by way of derogation from the first paragraph,
may be moved within the Union with a plant passport associated with them in a way other than that of a physical
attachment, due to their size, shape or way of packaging that make that attachment impossible or very difficult;
and
(b) providing for rules to ensure that the plant passport concerned, although not attached, still refers to the respective
plants, plant products and other objects.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2)
.’;
(17) in Article 94, paragraph 2 is replaced by the following:
‘2. By way of derogation from the first subparagraph of paragraph 1, Member States may decide to replace
a phytosanitary certificate at the point of entry of the plant, plant product or other object concerned into the Union
territory by:
(a) a certified copy of the original phytosanitary certificate; that copy shall be issued by the competent authority and
shall accompany the movement of the plant, plant product or other object concerned only up to the point where
the plant passport is issued; or
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(b) the information contained in the electronic notification system referred to in Article 103, provided that the
electronic phytosanitary certificate or a digital copy of the phytosanitary certificate is accessible in that system and
is made available, upon request of competent authorities, during the movement of the plant, plant product or
other object concerned up to the point where the plant passport is issued.’;
(18) in Article 99, paragraph 1 is replaced by the following:
‘1. The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing this
Regulation by setting out the elements to be contained in official attestations specific for plants, plant products or
other objects, other than wood packaging material, as form of proof of the implementation of measures adopted
pursuant to Article 28(1) or (2), Article 30(1) or (3), Article 41(2) or (3), Article 44, or Article 54(2) or (3).’;
(19) in Article 103, the first paragraph is replaced by the following:
‘The Commission shall establish an electronic system for the submission of notifications and reports by the Member
States.’;
(20) in Article 104, first paragraph, the introductory part is replaced by the following:
‘The Commission may, by means of implementing acts, lay down specific rules concerning the submission of
notifications referred to in Article 9(1) and (2), Article 11, Article 17(3), Article 18(6), Article 19(2) and (8), Article
28(7), Article 29(3), first subparagraph, Article 30(8), Article 33(1), Article 37(10), Article 40(4), Article 41(4),
Article 46(4), Article 49(6), Article 53(4), Article 54(4), Article 60(2), Article 77(2) and Article 95(5). Those rules shall
concern one or more of the following elements:’;
(21) Article 105 is amended as follows:
(a) in paragraph 2, the following subparagraph is added:
‘The power to adopt delegated acts referred to in Article 42(1a) and Article 42a(3) shall be conferred on the
Commission for a period of five years from 5 January 2025. The Commission shall draw up a report in respect of
the delegation of power no later than nine months before the end of the five-year period. The delegation of power
shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council
opposes such extension not later than three months before the end of each period.’;
(b) paragraph 3 is replaced by the following:
‘3. The delegation of power referred to in Article 6(2), Article 7, Article 8(5), Article 19(7), Article 21, Article
32(5), Article 34(1), Article 38, Article 42(1a), Article 42a(3), Article 43(2), Article 46(2), Article 48(5), Article 51,
Article 65(4), Article 71(4), Article 76(4), Article 81(2), Article 83(6), Article 87(4), Article 89(2), Article 96(2),
Article 98(1), Article 99(1), Article 100(4), Article 101(5) and Article 102(6) may be revoked at any time by the
European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power
specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal
of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already
in force.’;
(c) paragraph 6 is replaced by the following:
‘6. A delegated act adopted pursuant to Article 6(2), Article 7, Article 8(5), Article 19(7), Article 21, Article
32(5), Article 34(1), Article 38, Article 42(1a), Article 42a(3), Article 43(2), Article 46(2), Article 48(5), Article 51,
Article 65(4), Article 71(4), Article 76(4), Article 81(2), Article 83(6), Article 87(4), Article 89(2), Article 96(2),
Article 98(1), Article 99(1), Article 100(4), Article 101(5) and Article 102(6) shall enter into force only if no
objection has been expressed either by the European Parliament or by the Council within a period of two months
of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the
European Parliament and the Council have both informed the Commission that they will not object. That period
shall be extended by two months at the initiative of the European Parliament or of the Council.’.
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Article 2
Amendment to Regulation (EU) 2017/625
In Article 66 of Regulation (EU) 2017/625, the following paragraph is inserted:
‘5a. Plants, plant products or other objects subject to the measures referred to in Article 1(2), point (g), which enter the
Union as part of passengers’ personal luggage or through postal services intended for personal consumption or use, shall be
exempted from the notification obligation set out in paragraph 5 of this Article, if the non-compliance concerns the
absence of the phytosanitary certificate or other official attestation as referred to in Article 99(1) of Regulation (EU)
2016/2031.
The competent authorities shall keep a record of those cases of non-compliance and shall, on an annual basis, provide the
Commission and the competent authorities of the other Member States with a report containing a summary of those
records.
That report shall be submitted via the IMSOC.’.
Article 3
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Article 1, point (14), shall apply from 6 July 2026.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 27 November 2024.
For the European Parliament For the Council
The President The President
R. METSOLA BÓKA J.
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