Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019

Article 1

Subject matter

This Regulation implements Regulation (EU) 2016/2031, as regards the listing of Union quarantine pests, protected zone quarantine pests and Union regulated non-quarantine pests, and the measures on plants, plant products and other objects to reduce the risks of those pests to an acceptable level.

Article 2

Definitions

In addition, the following definitions shall apply:

(a) ‘practically free from pests’ means the extent of presence of pests, other than Union quarantine pests or protected zone quarantine pests, on the plants for planting or fruit plants, which is sufficiently low to ensure acceptable quality and usefulness of those plants;

(b) ‘official statement’ means a phytosanitary certificate, as provided for in Article 71 of Regulation (EU) 2016/2031, a plant passport, as provided for in Article 78 of that Regulation, the mark on wood packaging material, wood or other objects, as referred to in Article 96 of that Regulation, or the official attestations as referred to in Article 99 of that Regulation;

(c) ‘systems approach’ means the integration of different risk management measures, at least two of which act independently, and which, when applied together, achieve the appropriate level of protection against Union quarantine pests, protected zone quarantine pests and pests subject to the measures adopted pursuant to Article 30 of Regulation (EU) 2016/2031;

(d) ‘pollen’ means pollen, within the meaning of Article 2(1), point (k), of Regulation (EU) 2016/2031, intended for planting.

Article 3

List of Union quarantine pests

The list of Union quarantine pests, as referred to in Article 5 of Regulation (EU) 2016/2031, is set out in Annex II to this Regulation.

The list of Union quarantine pests not known to occur in the Union territory is set out in Part A of Annex II and the list of Union quarantine pests known to occur in the Union territory is set out in Part B of Annex II.

Article 4

List of protected zones and the respective protected zone quarantine pests

The list of the protected zones and the respective protected zone quarantine pests, as referred to in Article 32(3) of Regulation (EU) 2016/2031, is set out in Annex III to this Regulation.

Article 5

List of Union regulated non-quarantine pests and specific plants for planting, with categories and thresholds

The list of Union regulated non-quarantine pests (‘RNQPs’) and specific plants for planting with categories and thresholds, as referred to in Article 37(2) of Regulation (EU) 2016/2031, are set out in Annex IV to this Regulation. Those plants for planting shall not be introduced into, or moved within, the Union if the presence of the RNQPs, or symptoms caused by RNQPs, on those plants for planting is above those thresholds.

The prohibition of introduction and movement provided for in the first paragraph shall apply only to the categories of plants for planting as provided for in Annex IV.

Article 6

Measures to prevent the presence of RNQPs on specific plants for planting

The list set out in Annex IV to this Regulation and Annex V thereto shall not affect the measures adopted pursuant to Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 98/56/EC, 1999/105/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC concerning:

(a) inspections, sampling and testing of the plants for planting concerned or the plants from which they originate;

(b) the origin of the respective plants for planting from the areas or sites, which are free from, or with physical protection from, the RNQPs concerned;

(c) treatments of the plants for planting concerned, or the plants from which they originate;

(d) the production of the plants for planting.

In addition, the list set out in Annex IV to this Regulation and Annex V thereto shall not affect the exemptions for plants for planting, adopted pursuant to Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 98/56/EC, 1999/105/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC, from the requirements for marketing set out by those Directives, including:

(a) exemptions concerning the supply of plants for planting to official testing and inspection bodies;

(b) exemptions concerning the supply of plants for planting to providers of services for processing and packaging, under the condition that the provider of services does not acquire title to the plants thus supplied;

(c) exemptions concerning the supply of plants for planting under certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose;

(d) exemptions for plants for planting intended for scientific purposes, selection work, other test or trial purposes;

(e) exemptions from marketing requirements set out in the provisions of Implementing Decision (EU) 2017/478;

(f) exemptions from marketing requirements for plants for planting shown to be intended for export to third countries.

Plants for planting referred to in this paragraph may only be moved within the Union if their identity and traceability is ensured.

Article 6a

Exemptions from the requirements for RNQPs for specific seed

By way of derogation from Article 5 and Article 6(1), the following seed may be exempted from compliance with the thresholds and measures set out in Annexes IV and V to this Regulation:

(a) seed not finally certified and officially labelled accordingly, pursuant to Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC, and 2002/57/EC; or

(b) seed as grown, marketed for processing and packaging pursuant to Directive 2002/55/EC.

That exemption shall only apply if any of the options concerning testing or treatment are to be applied before the marketing of that seed as pre-basic, basic, certified or standard seed in the EU pursuant to the thresholds and measures set out in Annexes IV and V, for the following seed:

(a) Oryza sativa L. in relation to the pest Aphelenchoides besseyi, as referred to in Part B of Annex V;

(b) Helianthus annuus L. in relation to the pest Botrytis cinerea de Bary, as referred to in Part G of Annex V and the pest Sclerotinia sclerotiorum (Libert) de Bary as referred to in Part H of Annex IV;

(c) Linum usitatissimum L. in relation to the pests Alternaria linicola Groves & Skolko, Boeremia exigua var. linicola (Naumov & Vassiljevsky) Aveskamp, Gruyter & Verkley, Botrytis cinerea de Bary, Colletotrichum lini Westerdijk and Fusarium (anamorphic genus), other than Fusarium oxysporum f. sp. albedinis (Kill. & Maire) W.L. Gordon and Fusarium circinatum Nirenberg & O’Donnell, as referred to in Part G of Annex V;

(d) Glycine max (L.) Merr. in relation to the pests Diaporthe caulivora (Athow & Caldwell) J.M. Santos, Vrandecic & A.J.L. Phillips and Diaporthe sojae Lehman, as referred to in Part G of Annex V;

(e) vegetable seed, in relation to the respective pests, as referred to in Part E of Annex V;

(f) Brassica napus L. in relation to the pest Sclerotinia sclerotiorum de Bary as referred to in Part H of Annex IV;

(g) Brassica rapa L. var. silvestris in relation to the pest Sclerotinia sclerotiorum de Bary as referred to in Part H of Annex IV;

(h) Sinapis alba L. in relation to the pest Sclerotinia sclerotiorum de Bary as referred to in Part H of Annex IV.

The exempted seed originating in third countries shall only be introduced into the Union if all of the following conditions are fulfilled:

(a) it is introduced by a professional operator for the purpose of processing and packaging, before the marketing of that seed;

(b) the phytosanitary certificate includes under the heading ‘Additional Declaration’, the indication ‘Subject to the exemption laid down in the first subparagraph of Article 6a(1) of Commission Implementing Regulation (EU) 2019/2072’ and a reference to the applicable point (a) or (b) of that subparagraph;

(c) its identity and traceability are ensured in accordance with Article 94(2) of Regulation (EU) 2016/2031.

The exempted seed produced in the Union shall only be moved within the Union if both of the following conditions are fulfilled:

(a) it is moved from the professional operator who has produced it to the professional operator in charge of carrying out the processing and packaging;

(b) the identity and traceability of the respective plants for planting are ensured.

Article 7

List of plants, plant products and other objects whose introduction into the Union from certain third countries is prohibited

The list of plants, plant products and other objects whose introduction into the Union territory is prohibited, together with the third countries, groups of third countries or specific areas of third countries to which the prohibition applies, as referred to in Article 40(2) of Regulation (EU) 2016/2031, is set out in Annex VI to this Regulation.

The first paragraph shall apply without prejudice to any other acts setting out prohibitions, having a temporary character, adopted pursuant to Articles 40(2), 42(3) or 49(1) of Regulation (EU) 2016/2031, and concerning the introduction into the Union territory of certain plants, plant products or other objects to address particular phytosanitary risks which are not yet fully assessed.

Article 8

List of plants, plant products and other objects originating from third countries, or in the Union territory and the corresponding special requirements for their introduction into or movement within the Union territory

The first subparagraph shall apply without prejudice to any other acts setting out special requirements, having a temporary character, adopted pursuant to Articles 41(2), 42(4) or 49(1) of Regulation (EU) 2016/2031, and concerning the introduction into the Union territory of certain plants, plant products or other objects to address particular phytosanitary risks which are not yet fully assessed.

The first subparagraph shall apply without prejudice to any other acts setting out special requirements, having a temporary character, adopted pursuant to Articles 28(1), 30(1), 41(2), 42(4) or 49(1) of Regulation (EU) 2016/2031, and concerning the movement within the Union territory of certain plants, plant products or other objects to address particular phytosanitary risks which are not yet fully assessed.

Article 9

List of plants, plant products and other objects, whose introduction into certain protected zones is prohibited

The list of plants, plant products and other objects, originating from third countries or within the Union territory, whose introduction into certain protected zones is prohibited, as referred to in Article 53(2) of Regulation (EU) 2016/2031, is set out in Annex IX to this Regulation.

Article 10

List of plants, plant products and other objects to be introduced into, or moved within protected zones and corresponding special requirements for protected zones

The list of plants, plant products and other objects, the respective protected zones and the corresponding special requirements for protected zones, as referred to in Article 54(2) of Regulation (EU) 2016/2031, are set out in Annex X to this Regulation.

Article 11

List of plants, plant products and other objects, as well as the respective third countries of origin or dispatch, for which phytosanitary certificates are required

Article 12

List of plants, plant products and other objects for which a phytosanitary certificate is required for their introduction into a protected zone from certain third countries of origin or dispatch

The list of plants, plant products and other objects, whose introduction into certain protected zones from certain third countries of origin or dispatch requires a phytosanitary certificate, as referred to in Article 74(1) of Regulation (EU) 2016/2031, is set out in Annex XII to this Regulation.

Article 13

List of plants, plant products and other objects for which a plant passport is required for their movement within the Union territory

By way of derogation from paragraph 1, a plant passport shall not be required for the movement within the Union of seed which fulfil both of the following conditions:

(a) it is subject to the exemptions referred to in Article 6(3) or to the exemptions referred to in Article 6a; and

(b) it is not subject to the special requirements of Annex VIII or Annex X to this Regulation or to those provided for by the implementing acts adopted pursuant to Articles 28(1), 30(1) or 49(1) of Regulation (EU) 2016/2031.

Article 14

List of plants, plant products and other objects for which a plant passport with the designation ‘PZ’ is required for introduction into, and movement within certain protected zones

The list of plants, plant products and other objects for which a plant passport is required for their introduction into, or movement within certain protected zones, as referred to in Article 80(1) of Regulation (EU) 2016/2031, is set out in Annex XIV to this Regulation.

Plant passports referred to in the first paragraph shall bear the designation ‘PZ’.

Article 15

Repeal of Regulation (EC) No 690/2008

Regulation (EC) No 690/2008 is repealed.

Article 16

Amendment of Implementing Regulation (EU) 2018/2019

Implementing Regulation (EU) 2018/2019 is amended as follows:

(1) Article 2 is deleted;

(2) Annex II is deleted.

Article 17

Transitional measures

Seeds and other plants for planting introduced into the Union territory, moved within the Union territory or produced, before 14 December 2019, pursuant to the applicable requirements of Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 98/56/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC, 2008/90/EC concerning the presence of RNQPs before that date, may, until 14 December 2020, be introduced into, or moved within, the Union territory if they comply with those requirements. As of 14 December 2020. Articles 5 and 6 shall apply to all plants for planting covered by this Regulation.

Plant passports, required by this Regulation for the movement of seeds and other plants for planting within the Union territory benefitting from the transitional period laid down in paragraph 1 of this Article, shall until 14 December 2020 only be required to attest their compliance with the rules concerning Union quarantine pests, protected zone quarantine pests or measures adopted pursuant to Article 30 of Regulation (EU) 2016/2031.

Article 18

Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 14 December 2019.

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

ANNEX I

Definitions as referred to in Article 2(1)

For the purposes of this Regulation, the terms listed in Part A, when used in the Annexes to this Regulation, have the same meaning as defined in the respective Directives listed in the second column of Part B.

PART A

List of terms

— Pre-basic seed,

— Basic seed,

— Certified seed,

— Standard seed,

— Vine,

— Initial propagating material,

— Basic propagating material,

— Pre-basic material,

— Basic material,

— Certified material,

— Standard material,

— Propagating material of ornamental plants,

— Forest reproductive material,

— Vegetable propagating and planting material,

— Fruit plant propagating material and fruit plants intended for fruit production,

— Candidate pre-basic mother plant,

— Pre-basic mother plant,

— Basic mother plant,

— Certified mother plant,

— Conformitas Agraria Communitatis (CAC) material,

— Fodder plant seed,

— Cereal seed,

— Vegetable seed,

— Seed potatoes,

— Oil and fibre plants seed.

PART B

List of Directives and Annexes