PART VENTRY INTO THE UNION AND EXPORT

CHAPTER 2 Entry into the Union of certain goods other than animals, germinal products and products of animal origin from third countries and territories

Article 241Plant material and delegated and implementing acts

1.

The Member States shall take measures to restrict the entry into the Union of consignments of plant material in the event of an unfavourable disease situation in third countries or territories concerning listed diseases as referred to in point (d) of Article 9(1) or emerging diseases, where this is required by the rules adopted in accordance with paragraph 3 of this Article.

2.

The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning the measures referred to in paragraph 1 of this Article, setting out:

(a)

specific animal health requirements for the entry into the Union of plant material which acts as a path of transmission of listed or emerging diseases;

(b)

requirements in relation to:

  1. (i)

    animal health certification, taking into account the rules provided for in point (a) of Article 237(1) and Article 237(2) and (3); or

  2. (ii)

    declarations or other documents, taking into account the rules provided for in point (b) of Article 237(1).

3.

The Commission shall lay down the animal health requirements provided for in paragraph 2 on the basis of the following criteria:

(a)

whether a listed or emerging disease that can be transmitted by means of plant material represents a serious risk to animal or to human health in the Union;

(b)

the likelihood that animals of listed species for a particular listed disease or emerging disease will come into direct or indirect contact with the plant material referred to in paragraph 2;

(c)

the availability and effectiveness of alternative risk-mitigation measures in relation to that plant material, which may eliminate or minimise the risk of transmission referred to in point (a).

4.

The Commission may, by means of implementing acts, lay down rules indicating, for the plant material referred to in paragraph 2 of this Article, the codes from the Combined Nomenclature, where such indication is not provided for by other relevant Union rules.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).