Overwegingen 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 - Hoofdinhoud
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| dossier | COM(2023)661 - Wijziging van Verordening 2016/2031 wat betreft meerjarige onderzoeksprogramma’s, kennisgevingen inzake de aanwezigheid van ... |
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| document | COM(2023)661  |
| datum | 17 oktober 2023 |
(2)Regulation (EU) 2016/2031 of the European Parliament of the Council 8 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, which should be simplified in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’ 9 .
(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 in this regards during the preceding calendar year.
(5)As experience has shown during the application of Regulation (EU) 2016/2031, it is more effective, for the purpose of co-ordination of phytosanitary policy at Union level, to notify the demarcated areas immediately after their establishment. Immediate notification of demarcated areas by a Member State to the other Member States, the Commission and the professional operators helps to become aware about the presence and spread of the pest concerned and to decide on next measures to be taken. Therefore, Article 18(6) of Regulation (EU) 2016/2031 should establish 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 obligation does not add any new administrative burden, because the immediate notification of demarcated areas is an existing obligation set out in Annex I, point 7.1, to Commission Implementing Regulation (EU) 2019/1715 10 and is currently practised by all Member States. Setting out that obligation in Article 18(6) of Regulation (EU) 2016/2031 will further enhance clarity about the applicable rules concerning demarcated areas, while the respective obligation in Implementing Regulation (EU) 2019/1715 should be removed to avoid overlaps of the respective provisions.
(6)Moreover, and as experience from 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 no practical value, to the obligation of immediate notification of demarcated areas. It should therefore be removed from that Article.
(7)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. Those are Union quarantine pests, pests subject to the measures adopted pursuant to Articles 29 and 30 of Regulation (EU) 2016/2031, priority pests and protected zone quarantine pests respectively. Moreover, and in accordance with Article 23(2) of Regulation (EU) 2016/2031, Member States are, on request, to notify their multiannual survey programmes upon their establishment to the Commission and the other Member States.
(8)In accordance with Article 23(1), third subparagraph, the multiannual survey programmes are to be established for a period of five to seven years. As experience has shown since the date of application of Regulation (EU) 2016/2031, Member States need more time to properly design and develop those programmes. Therefore, and also in order to reduce administrative burden for the competent authorities, that period should be extended to 10 years. For reasons of legal clarity, it should be specified that those programmes are to be established again for consecutive periods of 10 years thereafter, and the first period is to expire on 14 December 2029, namely 10 years after the date of application of Regulation (EU) 2016/2031.
(9)Article 30(1), second subparagraph, of Regulation (EU) 2016/2031 sets out that, where the Commission concludes that 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, are fulfilled, it is to immediately, by means of implementing acts, adopt measures for a limited time as regards the risks posed by that pest.
(10)During the implementation of that provision, certain Member States expressed their doubts concerning the precise scope of the term ‘measures’, and in particular whether it concerns actions taken in the context of imports or internal movement of goods, in order to prevent the entry and spread of the respective pest in the Union territory. Therefore, and for reasons of legal clarity and completeness, Article 30(1) should be amended to specifically indicate that those measures may include the prohibition of the presence of the respective pest in the Union territory, and requirements concerning the introduction into, and movement within, the Union of plants, plant products and other objects.
(11)Article 41(4) of Regulation (EU) 2016/2031 sets out 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 under Article 103 of that Regulation. That Article sets out the requirement to prevent the presence of Union quarantine pests on those plants, plant products or other objects.
(12)However, no requirement to notify violation of the respective rules exists 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.
Therefore, Article 37 of Regulation (EU) 2016/2031 should be amended, by providing that in case of non-compliance with the requirements on RNQPs, Member States adopt the necessary measures, as referred to in Regulation (EU) 2017/625, and notify the Commission and other Member States through the electronic notification system referred to in Article 103 of Regulation (EU) 2016/2031.
(13)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(1).
(14)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 respective 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). The respective plants, plant products and other objects are currently listed respectively in Annexes VI and VII to Implementing Regulation (EU) 2019/2072 11 . Such cases are those in which a third country has made a request for such a temporary derogation and has provided written guarantees that the measures it is applying on its territory are effective in reducing the respective risk from these plants, plant products or other objects and a provisional risk assessment has shown that the risk for the Union territory can be reduced to an acceptable level by application of certain temporary measures set out in points 2 and 3 of Section 1 of Annex II to Regulation (EU) 2016/2031.
(15)For purposes of clarity 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 measures[which are necessary to reduce the respective phytosanitary risk to an acceptable level and which allow the appropriate time for the full assessment of all pest risks, which are not yet fully assessed in relation to the particular plants, plant products or other objects. This will allow, once the respective assessment is completed, in accordance with the principles of Section 2 of Annex II to Regulation (EU) 2016/2031, those plants, plant products or other objects to be kept in or removed from the list of commodities in accordance with Article 40(3) or Article 41(3) of Regulation (EU) 2016/2031.
(16)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, as the experience of the application of that Article has shown, in certain cases the introduction of those commodities into the Union territory could be subject to special measures that reduce the respective phytosanitary risk to an acceptable level, while for some of the pests they host a full assessment is still pending. For this reason, the Commission should be empowered to adopt an implementing act 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), 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). In order to reduce any phytosanitary risk to an acceptable level, those acts should set out temporary measures concerning the introduction of those plants, plant products and other objects into the Union territory.
(17)In order to ensure a proportionate approach and the swiftest possible conclusion of the respective risk assessments, the application period of all those implementing acts should be such as to reasonably allow to fully assess all phytosanitary risks and the measures applied by the third countries concerned, and should not be longer than 5 years.
(18)Moreover, the Commission should be empowered to adopt a delegated act, 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). This is necessary because, the experience since the adoption of Regulation (EU) 2016/2031 has shown that a standardised procedure in respect of granting such temporary derogations is necessary to guarantee transparency and consistency to Member States, third countries and the professional operators concerned.
(19)The Commission should be empowered to adopt a delegated act, supplementing this Regulation by setting out procedures to be complied with for the listing of high risk plants, plant products and other objects. That procedure should include all of the following elements: the preparation, content and submission of the respective dossiers by the third countries concerned; the actions to be taken following the reception of those dossiers; the procedures on the performance of the respective risk assessment; the handling of dossiers concerning confidentiality and data protection. This is necessary because, experience has shown that a specified procedure in respect of listing high risk plants could guarantee transparency and consistency to Member States, third countries and the professional operators concerned.
(20)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.
(21)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 case where such requirements for movement do not exist. This is a frequent case in practice, where the 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.
(22)For this reason, the requested level of phytosanitary protection on the part of the respective third country should be also 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.
(23)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 respectively 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), provides for several options for such requirements. That specification is to include the full wording of the relevant requirement.
(24)The practical implementation of Regulation (EU) 2016/2031 has shown that the phytosanitary certificates should also indicate reference to the requirements adopted pursuant to Article 37(4) of the Regulation, namely measures to prevent the presence of RNQPs on the plants for planting concerned, as referred to in point (f) of Article 36 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). It will also offer more clarity and certainty to the competent authorities, the professional operators and the third countries, with regards to the application of the rules concerning RNQPS and the respective plants for planting.
(25)For this reason, Article 71(2) of Regulation (EU) 2016/2031 should include a reference to the implementing acts adopted pursuant to Article 37(4). Moreover, the reference to Article 37(2) should be removed, as it is not relevant to the content of the Additional Declaration of a phytosanitary certificate.
(26)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 Regulation (EU) 2016/2031. 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.
(27)Trade practises 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, or due to the speed of its transfer from one professional operator to another. 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 way other than by physical attachment. The requirements of Regulation (EU) 2016/2031 for the issuance of plant passports for the respective plants, plant products and other objects are to remain as applicable.
(28)Therefore, the Commission should be empowered to adopt a delegated act allowing certain plants, plant products and other objects to be moved without a plant passport attached to their trade units, due to their size, shape, speed of their trade or other specific characteristics that make that attachment impractical . In this regard, it is necessary to determine the modalities ensuring that the plant passport remains in use, although not attached, and still refers to the respective plants, plant products and other objects, in order to make sure that a plant passport always remains connected to its respective commodity by means of a special mark, chip, database or other appropriate elements.
(29)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, and in the absence of such international standards, it is not possible, based on Article 99 of Regulation (EU) 2016/2031, to adopt a delegated act setting out the necessary elements for the respective official attestations. Due to the lack of such a delegated act, the introduction into the Union territory of the relevant plants, plant products or other objects cannot take place with those official attestations as alternatives to phytosanitary certificates.
(30)Moreover, and in accordance with certain implementing acts adopted pursuant to Council Directives 77/93/EEC 12 and 2000/29/EC 13 , 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/EC 14 , 93/422/EEC 15 , 93/423/EEC 16 , and Implementing Decision 2013/780/EU 17 . Those Decisions have been adopted in the absence of any respective international standards.
(31)The experience gained from the application of Regulation (EU) 2016/2031 and those Decisions, which are still in force, indicates that those official attestations offer adequate guarantees for the phytosanitary protection of the Union territory, despite the fact that no respective international standards have ever existed. For this reason, and in order to ensure the continued use of official attestations under Regulation (EU) 2016/2031, the condition that the elements of that delegated act are required by the applicable international standards should be removed from Article 99(1).
(32)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 and protected zones quarantine pests, the first sentence of that Article 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.
(33)Regulation (EU) 2016/2031 should therefore be amended accordingly.
(34)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 … [6 months from the entry into force of this Regulation].