EN   EN  
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX  
SANTE/10766/2018  
[…](2018) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
establishing a provisional list of high risk plants, plant products or other objects, within 
the meaning of Article 42 of Regulation (EU) 2016/2031 and a list of plants for which 
phytosanitary certificates are not required for introduction into the Union, within the 
meaning of Article 73 of that Regulation    
EN 1  EN  COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
establishing  a provisional list of high risk plants, plant products or other objects, within 
the meaning of Article 42 of Regulation (EU) 2016/2031 and a list of plants for which 
phytosanitary certificates are not required for introduction into the Union, within the 
meaning of Article 73 of that Regulation  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EU) 2016/2031  of the European Parliament of the Council of 26 
October 2016 on protective me asures 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/EC1, and in particular Article s 42(3) and 73  thereof,  
Whereas:  
(1) Pursuant to Article 42(3) of Regulation (EU) 2016/2031, on the basis of  a preliminary 
assessment, the Commission is to adopt implementing acts provisionally listing  high 
risk plants, plant products or other objects that present a pest risk of unacceptable level 
for the Union territory.  
(2) Since the adoption of that Regulation , several preliminary assessment s have been 
carried out  concerning whether plants and pl ant products origin ating in  third countries 
present  a pest risk of an unacceptable level for t he Union territory. Those  assessments 
concluded that because certain  plants and plant products  fulfil one or more of the 
criteria set out in Annex III to that Regulation , they could  qualify as 'high risk plants ' 
or 'high risk plant products ' within the meaning of Article 42 of that Regulation.  The 
same preliminary risk assessments also concluded that seeds and in vitro  material of 
those 'hig -risk plants'  should be excluded from the scope of this Regulation as the level 
of pest risk is at an acceptable level.  Moreover, naturally or artificially dwarfed plants 
intended for planting should also be excluded from the scope of this Regulation as 
their import is subjected to specific require ments under Directive 2000/29/EC  that 
reduce the level of pest risk  at an acceptable level .  
(3) Plants for planting , other than seeds , in-vitro  material  and naturally or artificially 
dwarfed plants  of the genera Acacia  Mill., Acer L., Albizia  Durazz. , Alnus  Mill., 
Annona  L., Bauhinia  L., Berberis  L., Betula  L., Caesalpinia  L., Cassia  L., Castanea  
Mill. , Cornus  L., Corylus  L., Crataegus  L.,  Diospyros  L., Fagus  L., Fraxinus  L., 
Hamamelis  L., Jasminum  L., Juglans  L., Ligustrum  L., Lonicera  L., Malus  Mill. , 
Nerium  L., Persea  Mill. , Populus  L., Prunus  L., Quercus  L., Robinia  L., Salix  L., 
Sorbus  L., Taxus  L., Tilia  L., Ulmus  L., plants for planting  other than seeds , in-vitro  
material  and naturally or artificially dwarfed plants  of the Ficus carica  L. species , and 
plants of the Ullucus tuberosus  Loz. species , are known to host commonly hosted 
pests known to have a major impact on plant species which are of major economic, 
                                                 
1 OJ L 317, 23.11.2016 , p. 4.  
EN 2  EN  social or environmental importance to the Union. Th ose plants of the Ullucus 
tuberosus  Loz. species  are also known to commonly harbour pests without s howing 
signs of infection , or to have  a latent period for the expression of those signs . This 
reduces the possibility for detecting the presence of such pests during inspections 
carried out when t hose plants are introduc ed into the Union territory.  Moreover, those 
plants for planting are usually introduced into the Union in the form of shrubs or trees 
and they are usually present in the Union in such form.  In light of this , the existing 
measures governing the introduction of the plants  for planting  listed in Annex I to this 
Regulation  and plants of the Ullucus tuberosus  Loz. species originating from third 
countries  are not considered to be sufficient to prevent the entry of pests. Therefore the 
plants for planting listed in Annex I  and plants of the Ullucus tuberosus  Loz. species 
should be listed as  high risk plants within the meaning of Article 42(1) of Regulation  
(EU) 2016/2031 , and their  introduction into the Union territory should be 
provisionally prohibited.  
(4) Fruits  of the genus Momordica  L. are known to host and provide a significant pathway 
for the introduction and establishment of the pest Thrips palmi  Karny , which is known 
to have the potential to  have a major impact on plant species which are of a major 
economic, social or environmental importance to the Union territory. However, this 
pest does not occur in all third countries nor in all areas within a third country where it 
is known to occur. Certain third countries also have effective mitigation measures in 
place for that pest.  In view  of this, fruits of the genus Momordica  L. that originat e in 
third countries  or from certain areas of third countries where t hat pest  is known to 
occur and those third countries lacking effective  mitigation  measures for that pest, 
qualify as high risk plants, within the meaning of Article 42(1) of Regulation  (EU) 
2016/2031 , and therefore, the  introduction into the Union of those plants should be 
provisionally prohibited.  
(5) Wood of the genus Ulmus L. is known to host and provide a significant pathway for 
the introduction and establishment of the pest Saperda tridentata  Olivier . That pest is 
known  to have a major impact on plant species which are of a major economic, social 
or environmental importance to the Union territory. However, this pest does not occur 
in all third countries, nor in certain  areas within a third countr y where it is known to 
occur. In view  of this , wood of the genus Ulmus  L. originating from third countries or 
areas of third countries where Saperda tridentat a Olivier is known to occur,  qualif ies 
as a high risk plant, within the meaning of Article 42(1) of Regulation  (EU) 
2016/20 31. The refore the  introduction into the Union of that wood should be 
provisionally prohibited.  
(6) Those plants and plant products  referred to in recitals (3), (4) and (5) are not listed in 
accordance with Article 40  to Regulation (EU) 2016/2031 , or only listed  with regard 
to certain third countries . Moreover, and in accordance with the respective preliminary 
assessments, they are  not sufficiently covered by the requireme nts referred to in 
Article 41  of that Regulation with regards to all third countries,  and not subject to the 
temporary measures of Article 49  of that Regulation .  
(7) Those plants and plant products  referred to in recitals (3), (4) and (5) are not yet 
subject to a complete  risk assessment that is required  to conclu de whether they pose  a 
risk at an unacceptable level by virtue of the likelihood that they host a Union 
quarantine pest, or whether that risk can be  reduced to an acceptable level by applying 
certain measures . Where demand for the import ation  of those plants and plant products 
is identified, they are to be subject to a risk assessment that will be carried out in  
EN 3  EN  accor dance with  an implementing act to be adopted pursuant to Article 42(6) of 
Regulation (EU) 2016/2031.  
(8) According to Article 73 of Regulation  (EU) 2016/2031 , the Commission is to provide , 
by means of implementing acts, that for plants other than the plants included in the list 
referred to in Article 72(1), a phytosanitary certificate is required for their introduction 
into the Union territory.  
(9) However, those implementing act s are to provide that a phytosanitary certificate is not 
required for those plants where an assessment  which is  based on evidence about pest 
risks and experience with trade demonstrates that such a certificate is not necessary.   
(10) Since the adoption of that Regulation , various assessments have been carried out 
concerning the pest risk and experience with trade of several  plants, other than plants 
for planting,  originating from third countries.   
(11) According to those assessments, fruits  of the species  Ananas como sus (L.) Merrill , 
Cocos nucifera  L., Durio zibethinus  Murray , Musa  L. and Phoenix dact ylifera  L. do 
not host Union quarantine pests or pests subject to measures adopted pursuant to 
Article 30  of Regulation (EU) 2016/2031 , or commonly hosted pests which may  
impact on plant species grown in t he Union. Moreover, there have been no pest 
outbreaks linked to the introduction of those fruits from one or more third countries . 
Neither have  those fruits  been subject to repetitive interceptions due to the presence of 
Union quarantine pests or pests subject to the measures adopted pursuant to Article 30 
of that Regulation during the ir introduction into the Union territory.   
(12) In view of the fact that t hose fruits  fulfil all of the criteria of Annex VI to Regulation 
(EU) 2016/2031 , no phytosanitary certificate should be required for their introduction 
into the Union territory.   
(13) The lists to be established under  Article 42(3) and Article 73 of Regulation (EU) 
2016/2031  both concern import rules on the basis  of similar criteria for risk 
assessment,  as set out in Annexes III and VI of that Regulation . They  are focused on 
the risk s posed by the respective plants and plant products, instead of the risks of 
specific pests . They have been elaborated under a common  risk assessment 
methodology and  shall be updated under the same methodology , on the basis of the 
avialable technical and scientific evidence . It is therefore appropriate to in tegrate them 
in one Regulation .   
(14) As Regulation (EU) 2016/2031 appl ies from 14 December 2019, and in order to 
ensure a consistent application of all rules concerning introduction into the Union of 
plants, plant products and other objects , this Regulation should apply from the same 
date.  
(15) The measures provided for in this Regu lation are in accordance with the opinion of the 
Standing  Committee for Plants, Animals, Food and Feed,  
HAS ADOPTED THIS REGULATION:  
Article 1  
High risk plants , plant products  and other objects  
The plants, plant products  and other objects listed in Annex I  are considered high risk plants, 
plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 
2016/2031 , and their introduction  into the Union territory shall be prohibited  pending a risk 
assessment .  
EN 4  EN   
Article 2  
Phytosanitary cer tificate for the introduction into the Union  of certain plants  
A phytosanitary certificate shall be required f or the introduction into the Union of plants, 
other than the plants included in the list referred to in Article 72(1)  of Regulation (E U) 
2016/2031 .  
However, fruits listed in Annex II  shall be excluded from this requirement . 
 
Article 3 
Entry into force  and application  
This Regulation shall enter into force the twentieth  day following that of its publication in the 
Official Journal of the European Un ion. 
It shall apply from 14 December 2019.  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
 
Done at Brussels,  
 For the Commission  
The President  
Jean -Claude JUNCKER