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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
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1.Where one of the situations referred to in points (a) and (b) of [F2Article 11(2)] is officially confirmed, the competent authority shall immediately take all necessary phytosanitary measures to eradicate the relevant [F3GB] quarantine pest [F4or provisional GB quarantine pest] from the area concerned. Those measures shall be taken in accordance with Annex II.
That obligation to eradicate shall not apply where [F5retained direct EU legislation relating to plant health provides or regulations made under Article 28(1) provide] otherwise.
2.The competent authority shall without delay investigate the source of the presence of the [F6GB] quarantine pest [F4or provisional GB quarantine pest] concerned, in particular where that presence may be related to movements of plants, plant products or other objects, and the possibility that the pest concerned has been spread to further plants, plant products or other objects by those movements.
F73.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.The measures referred to in paragraph 1 and the investigations referred to in paragraph 2 shall be taken irrespective of whether the pest is present on public or private premises.
Textual Amendments
F1Word in Art. 17 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(a) (with regs. 53, 55)
F2Words in Art. 17(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(b)(i)(aa) (with regs. 53, 55)
F3Word in Art. 17(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(b)(i)(bb) (with regs. 53, 55)
F4Words in Art. 17 inserted (20.12.2022) by The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022 (S.I. 2022/1367), regs. 1(1), 2(2)
F5Words in Art. 17(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(b)(ii) (with regs. 53, 55)
F6Word in Art. 17(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(c) (with regs. 53, 55)
F7Art. 17(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(d) (with regs. 53, 55)
Modifications etc. (not altering text)
C1Art. 17(1) excluded (24.5.2023) by The Plant Health and Phytosanitary Conditions (Oak Processionary Moth and Plant Pests) (Amendment) Regulations 2023 (S.I. 2023/497), regs. 1(2), 7
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