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Regulation (EU) 2016/2031 of the European Parliament of the CouncilShow full title

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. Introductory Text

  2. CHAPTER I Subject matter, scope and definitions

    1. Article 1.Subject matter and scope

    2. Article 2.Definitions

  3. CHAPTER II Quarantine pests

    1. Section 1 Quarantine pests

      1. Article 3.Definition of quarantine pests

    2. Section 2 Union quarantine pests

      1. Article 4.Definition of Union quarantine pests

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

      3. Article 6.Priority pests

      4. Article 7.Amendment of Section 1 of Annex I

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

      6. Article 9.Notification of an imminent danger

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

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

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

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

      11. Article 14.Measures to be taken immediately by professional operators

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

      13. Article 16.Derogations to notification obligations

      14. Article 17.Eradication of Union quarantine pests

      15. Article 18.Establishment of demarcated areas

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

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

      18. Article 21.Amendment of Annex II

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

      20. Article 23.Multiannual survey programmes and collection of information

      21. Article 24.Surveys of priority pests

      22. Article 25.Contingency plans for priority pests

      23. Article 26.Simulation exercises for priority pests

      24. Article 27.Action plans for priority pests

      25. Article 28.Union measures for specific Union quarantine pests

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

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

      28. Article 31.More stringent requirements adopted by Member States

    3. Section 3 Protected zone quarantine pests

      1. Article 32.Recognition of protected zones

      2. Article 33.General obligations concerning protected zones

      3. Article 34.Surveys on protected zone quarantine pests

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

  4. CHAPTER III Union regulated non-quarantine pests

    1. Article 36.Definition of Union regulated non-quarantine pests

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

    3. Article 38.Amendment of Section 4 of Annex I

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

  5. CHAPTER IV Measures concerning plants, plant products and other objects

    1. Section 1 Measures relating to the entire Union territory

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

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

      3. 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

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

      5. Article 44.Setting out of equivalent requirements

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

      7. Article 46.Exception from prohibitions and requirements for frontier zones

      8. Article 47.Requirements for phytosanitary transit

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

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

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

      12. Article 51.Amendment of Annexes III and IV

      13. Article 52.Temporary measures by Member States concerning imminent danger

    2. Section 2 Measures relating to protected zones

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

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

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

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

      5. Article 57.Requirements for phytosanitary transit as regards protected zones

      6. 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

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

      1. Article 59.General requirements for vehicles, machinery and packaging material

      2. Article 60.Designation of quarantine stations and confinement facilities

      3. Article 61.Requirements for quarantine stations and confinement facilities

      4. Article 62.Operation of quarantine stations and confinement facilities

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

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

  6. CHAPTER V Registration of professional operators and traceability

    1. Article 65.Official register of professional operators

    2. Article 66.Procedure of registration

    3. Article 67.Content of the register

    4. Article 68.Availability of information of official registers

    5. Article 69.Traceability

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

  7. CHAPTER VI Certification of plants, plant products and other objects

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

      1. Article 71.Phytosanitary certificate for introduction into the Union territory

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

      3. Article 73.Other plants for which phytosanitary certificates are required

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

      5. Article 75.Exceptions for travellers' luggage

      6. Article 76.Conditions to be fulfilled by a phytosanitary certificate

      7. Article 77.Invalidation of phytosanitary certificate

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

      1. Article 78.Plant passports

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

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

      4. Article 81.Exception for direct supply to final users

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

      6. Article 83.Content and format of the plant passport

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

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

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

      10. Article 87.Examinations for plant passports

      11. Article 88.Attaching of the plant passports

      12. Article 89.Authorisation of professional operators to issue plant passports

      13. Article 90.Obligations of authorised operators

      14. Article 91.Pest risk management plans

      15. Article 92.Inspections and withdrawal of authorisation

      16. Article 93.Replacing a plant passport

      17. Article 94.Plant passports replacing phytosanitary certificates

      18. Article 95.Invalidation and removal of the plant passport

    3. Section 3 Other attestations

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

      2. Article 97.Repairing of wood packaging material in the Union territory

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

      4. Article 99.Attestations other than the mark of wood packaging material

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

      1. Article 100.Phytosanitary certificate for export from the Union

      2. Article 101.Phytosanitary certificate for re-export from the Union

      3. Article 102.Pre-export certificates

  8. CHAPTER VII Supporting measures by the Commission

    1. Article 103. Establishment of electronic notification system

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

  9. CHAPTER VIII Final provisions

    1. Article 105.Exercise of the delegation

    2. Article 106.Urgency procedure

    3. Article 107.Committee procedure

    4. Article 108.Penalties

    5. Article 109.Repeals

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

    7. Article 111.Amendment of Regulation (EU) 652/2014

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

    9. Article 113.Entry into force and application

  10. Signature

    1. ANNEX I

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

      1. SECTION 1 Criteria to identify pests which qualify as a quarantine pest,...

        1. (1) Identity of the pest

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

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

          1. (a) Capability of entry

          2. (b) Capability of establishment

          3. (c) Capability of spread

          4. (4) Potential economic, social and environmental impact

      2. SECTION 2 Criteria to identify Union quarantine pests which qualify as a...

      3. SECTION 3 Criteria for a preliminary assessment to identify pests which provisionally...

        1. Subsection 1 Criteria for a preliminary assessment to identify pests which provisionally...

          1. (1) Identity of the pest

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

          3. (3) Probability of establishment and spread of the pest in the...

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

        2. Subsection 2 Criteria for a preliminary assessment to identify pests which provisionally...

          1. (1) Identity of the pest

          2. (2) Presence of the pest in the Union territory

          3. (3) Probability of establishment and spread of the pest in the...

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

      4. SECTION 4 Criteria to identify pests which qualify as a Union regulated...

        1. (1) Identity of the pest

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

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

    2. ANNEX II

      MEASURES AND PRINCIPLES FOR THE MANAGEMENT OF THE RISKS OF PESTS

      1. SECTION 1 Measures to manage the risks of quarantine pests as referred...

      2. SECTION 2 Principles for the management of the risks of pests as...

    3. ANNEX III

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

      1. The criteria to be taken into account for the assessment...

      2. as regards plants for planting other than seeds: they are...

    4. ANNEX IV

      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

      1. Plants or plant products from third countries shall be considered...

      2. Characteristics of the plants or plant products: they belong to,...

    5. ANNEX V

      CONTENTS OF PHYTOSANITARY CERTIFICATES FOR INTRODUCTION INTO THE UNION TERRITORY

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

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

    6. ANNEX VI

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

      1. The assessment referred to in Article 73 shall take into...

      2. the plants do not host Union quarantine pests or pests...

    7. ANNEX VII

      PLANT PASSPORTS

      1. PART A Plant passports for movement within the Union territory as referred...

        1. (1) The plant passport for movement within the Union territory shall...

        2. (2) The traceability code referred to in point (1)(e) may also...

      2. PART B Plant passports for movement into and within protected zones as...

        1. (1) The plant passport for movement into and within protected zones...

        2. (2) The traceability code referred to in point (1)(f) may also...

      3. PART C Plant passports for movement within the Union territory, combined with...

        1. (1) The plant passport for movement within the Union territory, combined...

        2. (2) Point (2) of Part A shall apply accordingly.

      4. PART D Plant passports for movement into and within protected zones, combined...

        1. (1) The plant passport for movement into and within protected zones,...

        2. (2) Point (2) of Part B shall apply accordingly.

    8. ANNEX VIII

      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)

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

        1. 1. The phytosanitary certificate for movement out of the Union territory,...

        2. 2. Where the phytosanitary certificate is not issued electronically, the paper...

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

        1. 1. The phytosanitary certificate for movement out of the Union territory,...

        2. 2. Where the phytosanitary certificate is not issued electronically, the paper...

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

    9. ANNEX IX

      CORRELATION TABLE

      1. Council Directive 69/464/EEC This Regulation Article 1 Article 28(1) Article...

      2. Council Directive 93/85/EEC This Regulation Article 1 Article 28(1) Article...

      3. Council Directive 98/57/EC This Regulation Article 1 Article 28(1) Article...

      4. Council Directive 2007/33/EC This Regulation Article 1 Article 28(1) Articles...

      5. See Article 109(1). Council Directive 2000/29/EC This Regulation Article 1(1)...

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