G/SPS/GEN/1541  
 
10 March 2017  
(17-1415) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
NEW PLANT HEALTH LAW  OF THE EUROPEAN UNIO N 
COMMUNICATION FROM T HE EUROPEAN UNION  
The follow ing communication, received on 10  March  2017, is being circulated at the request of the 
Delegation of the European Union . 
 
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1  THE REGULATION  
1.1.  Regulatio n (EU) No 2016/2031 on protective measures against pests of plants1 ("Plant Health 
Law") was adopted on 26 October 2016 and entered into force on 13 December 2016. 
It constitutes a new European Union (EU) legal framework for plant health providing 
comprehe nsive and clear rules for the prevention of entry into, and spread within, the EU territory 
of pests injurious to plant health. These new rules will apply from 14 December 2019.  
1.2.  The European Commission proposed and presented a draft Regulation in May 2013 as part of 
the "Animal and Plant Health Package: Smarter rules for safer food" aiming to strengthen the 
enforcement of health and food safety standards for the whole agri -food chain. The Commission 
proposal was notified under the WTO SPS Agreement as G/SPS/N/EU/44 on 21 May 2013 . 
The final Regulation was notified as G/SPS/N/E U/44/Add.2 on 26 January 2017 . 
1.3.  The Plant Health Regulation introduces measures on the prevention and eradication of 
quarantine pests, and on regulated non -quarantine pests if present on  particular plants for 
planting.  
1.4.  The Plant Health Regulation introduces rules for listing of quarantine and regulated non -
quarantine pests, and measures against quarantine pests, in accordance with specific criteria for 
risk assessment and risk management.  Those criteria are in line with the respective principles and 
standards of the International Plant Protection Convention (IPPC) and deemed to be in line with 
the SPS Agreement. Moreover, this Regulation introduces the possibility to identify certain 
quara ntine pests as "priority pests" , which have the most severe potential economic, 
environmental or social impact for the EU territory.  
1.5.  A more proactive approach has been introduced for the prevention and eradication of 
outbreaks of quarantine pests within th e EU territory. This includes measures on notifications of 
outbreaks by competent authorities and professional operators, surveys, multiannual survey 
programmes, demarcation of outbreak areas, detailed eradication rules, as well as action plans, 
contingenc y plans and simulation exercises for priority pests.  
                                                
1 Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 Oc tober 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, OJ L 317, 
23 November 2016, p. 4 –104. G/SPS/GEN/1541  
 
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  1.6.  The Plant Health Regulation maintains the basic approach of Directive 2000/29/EC2 
concerning import and the prevention of entry of quarantine pests into the EU territory. The lists of 
pests and regulated  commodities currently in Annexes I to V of Directive 2000/29/EC will be 
adopted separately under a new Implementing Regulation of the European Commission. These will 
be updated on the basis of the results of individual risk assessments.  
1.7.  The European Commi ssion will also retain the power to adopt specific measures to address 
the risk for the EU territory of particular pests.  
1.8.  A new concept introduced by the Plant H ealth Regulation is the one of " high risk plants, plant 
products and other objects", namely com modities whose import will be prohibited into the 
European Union until a full risk assessment confirms their phytosanitary status. The European 
Commission will adopt the list of high risk plants, plant products and other objects under an 
Implementing Regul ation by 14 December 2018. This list will take into account the specific criteria 
in Annex III to this Regulation.  
1.9.  The European Commission may also adopt temporary measures with regards to the import of 
plants, plant products or other objects which are lik ely to pose newly identified pest risks which 
are not sufficiently covered by any EU measures, when there is insufficient phytosanitary 
experience as regards their trade, and no assessment has been carried out as regards those newly 
identified pest risks.  
1.10.   According to Plant Health Regulation, all plants (namely living plant material such as plants 
for planting, fruits, vegetables or cut flowers) will only be imported into the European Union if 
accompanied by a phytosanitary certificate. This is important to  ensure an appropriate level of 
phytosanitary protection as well as an effective overview of the plants' import into the Union and 
the risks thereof. The European Commission will adopt by 14 December 2018 an Implementing 
Regulation listing those plants tha t will not require an import certificate. The listing of those plants 
will take into account the criteria of Annex VI to this Regulation.  
1.11.   The Plant Health Regulation introduces some further requirements, or codifies existing 
practices, which concern both i mports into the European Union as well as exports from EU to non -
EU countries. As an example, wood packaging material should only be imported into, or exported 
out of the European Union if it bears the ISPM 15 mark.  
1.12.   Competent authorities of the EU member State of origin where plants, plant products and 
other objects destined for export to non -EU countries were grown, produced, stored or processed, 
will have to issue pre -export certificates at the request of a professional operator, for the purpose 
of exchan ging within the European Union or final export out of the European Union the necessary 
phytosanitary information as the basis for issuing the phytosanitary certificate for export.  
2  FURTHER STEPS  
2.1.  The new legal framework for plant health will be complemented by a series of regulatory acts 
detailing a number of implementing measures. As it is customary, any measure potentially 
affecting international trade will be notified to the WTO SPS Committee.  
2.2.  More information about the new Plant Health Law is available on  the European Commission  
website: http://europa.eu/rapid/press -release_MEMO -16-4310_en.htm . 
 
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2 Council Directive  of 8 May 2000 on protective measures against the introduction into the Community 
of organisms harmful to plants or plant products and against their sprea d within the Community, OJ L 169, 
10 July 2000, p. 1 –112.