Artikelen bij COM(2023)661 - Wijziging van Verordening 2016/2031 wat betreft meerjarige onderzoeksprogramma’s, kennisgevingen inzake de aanwezigheid van gereguleerde niet-quarantaineorganismen, tijdelijke afwijkingen van invoerverboden en bijzondere invoervoorschriften en de vaststelling van procedures voor het toekennen daarvan, tijdelijke invoervoorschriften voor planten, plantaardige producten en andere materialen met een hoog risico, de vaststelling van procedures voor het in een lijst opnemen van planten met een hoog risico, de inhoud van fytosanitaire certificaten, het gebruik van plantenpaspoorten en wat betreft bepaalde rapportageverplichtingen voor afgebakende gebieden en onderzoeken met betrekking tot plaagorganismen

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dossier COM(2023)661 - Wijziging van Verordening 2016/2031 wat betreft meerjarige onderzoeksprogramma’s, kennisgevingen inzake de aanwezigheid van ...
document COM(2023)661 EN
datum 17 oktober 2023

Inhoudsopgave

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 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 to the electronic system for the submission of notifications and reports referred to in Article 103, established by the Commission for that purpose;

(3)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 10 years, and shall be prolonged and as necessary updated thereafter for further consecutive periods of 10 years. The first period shall expire on 14 December 2029.’;

(b)paragraph 2 is replaced by the following:

‘2.Member States shall, on request from the Commission, notify their multiannual survey programmes. Those notifications shall be submitted to the electronic system for the submission of notifications and reports referred to in Article 103‘’;

(4)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 to the electronic system for the submission of notifications and reports referred to in Article 103’;

(5)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 presence of that pest in the Union territory and/or requirements concerning the introduction into, and the movement within, the Union territory of plants, plant products and other objects.’;

(6)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 to the electronic system for the submission of notifications and reports referred to in Article 103;

(7)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 violation of paragraph 1, Member States shall adopt the necessary measures, as referred to in Article 66(3) of Regulation (EU) 2017/625 and shall notify that violation and those measures to the Commission and other Member States through the electronic notification and reporting 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.’;

(8)in Article 42(1), the following subparagraphs are added:

‘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 procedure shall provide for all the following elements:

(a)the preparation of the resepctive evidence for the assessment of the high risk plants, plant plant products and other objects;

(b)the actions to be taken following the reception of that evidence;

(c)the procedures of the respective assessment;

(d)handling of dossiers concerning confidentiality and data protection.’;

(9)the following Article 42a is inserted after Article 42:

‘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, which 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 respective parts of the implementing act referred to in Article 40(2) and Article 41(2), by inserting a reference to the derogation concerning the respective 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)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 respective phytosanitary risk; and

(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 one or more of the measures in respect of 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. That delegated act shall provide for the following elements of the procedure:

(a)the preparation, content and submission of the respective request and dossiers by the third countries concerned;

(b)the actions to be taken following the reception of those requests and dossiers;

(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 both of the following is fulfilled:

(a)the respective phytosanitary risk of the high-risk plants, plant products or other objects is not yet fully assessed;

(b)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 are necessary to reduce the respective phytosanitary risk to an acceptable level, concerning the introduction of those plants, plant products and other objects into the Union,.

5.The implementing acts referred to in paragraphs 1, 2 and 4 shall provide for yearly reporting from the third country concerned about the application of the respective temporary measures. In case the report concerned 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 paragraphs 1, 2 and 4 shall be such as to reasonably allow a full assessment of all phytosanitary risks and the measures of the third countries concerned, and shall not be longer than 5 years.

7.The implementing acts referred to in paragraphs 1, 2 and 4 shall be adopted in accordance with the examination procedure referred to in Article 107(2).

(10)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, and/or movement within, the Union territory of the plants, plant products and other objects concerned from other third countries;’;

(11)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.’;

(12)in Article 88, the following paragraphs are added:

‘The Commission is empowered to adopt a delegated act, in accordance with Article 105, supplementing this Regulation by:

(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 speed of their trade 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 by means of a special mark, chip and/or database; 

(13)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).’;

(14)In Article 103, the first sentence is replaced by the following:

‘The Commission shall establish an electronic system for the submission of notifications and reports by the Member States.’;

(15)in Article 104, first paragraph, the first sentence 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), 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 62(1), Article 77(2) and Article 95(5).’

Article 2 - 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 (11) shall apply from … [6 months from the entry into force of this Regulation].

This Regulation shall be binding in its entirety and directly applicable in all Member States.