(1)

Article 3 is replaced by the following: ‘Article 3 Phytosanitary inspection and reporting 1. Independent phytosanitary experts appointed by the Commission, deployed under the Technical Assistance and Information Exchange instrument (TAIEX), and operating in coordination with the Turkish Cypriot Chamber of Commerce for the implementation of Regulation (EC) No 866/2004 (“the experts”), shall inspect all goods consisting of plants, plant products and other objects listed in Part A and Part B of Annex XI to Commission Implementing Regulation (EU) 2019/2072 (*1) at the stages of production, of harvest and of marketing, to ascertain that they: (a) are free from the Union quarantine pests listed in Annex II to Regulation (EU) 2019/2072; (b) comply with the thresholds for the presence of Union regulated non-quarantine pests listed in Annex IV to Regulation (EU) 2019/2072; (c) comply with the requirements for introduction into the Union set out in Annex VII to that Regulation; and (d) comply with the measures to prevent the presence of regulated non-quarantine pests on specific plants for planting set out in Annex V to Regulation (EU) 2019/2072. Where relevant, they shall also inspect all plants, plant products and other objects listed in Annex XII to Implementing Regulation (EU) 2019/2072, to ascertain that they are free from the respective protected zone quarantine pests listed in Annex III to that Regulation. 2. In the case of potatoes, the above experts shall verify that the potatoes in the consignment were grown directly from seed potatoes certified in one of the Member States or from seed potatoes certified in any other country for which the entry into the Union of potatoes intended for planting is not prohibited pursuant to Annex VI of Implementing Regulation (EU) 2019/2072. 3. If the experts, to the best of their knowledge and as far as can be determined, establish that the relevant plants, plant products or other objects in the consignment comply with the requirements of paragraphs 1 and 2 and with the relevant requirements and checks as set out in Annex II to Regulation (EC) No 866/2004, they shall: (a) establish a report of their findings, filled in completely and duly signed by at least one of the experts, using the form provided for in Annex III to this Regulation; and (b) add that report, as a supplement, to the accompanying document referred to in Article 2 of this Regulation. The experts shall not issue “Reports of Phytosanitary inspection” in respect of plants intended for planting, including tubers of Solanum tuberosum L intended for planting. 4. The experts shall consequently seal the lorries or other means of transport in such a way as to prevent any opening of the consignment until it crosses the line. Commodities covered by this Article may only be moved across the line if points (a) and (b) of paragraph 3 are fulfilled. 5. Upon arrival in the areas in which the Government of the Republic of Cyprus exercises effective control, the competent authorities shall examine the consignment. Where applicable, the “Report of phytosanitary inspection” shall be replaced by a plant passport provided for Article 79(1) or Article 80(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council (*2). (*1) 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 (OJ L 319, 10.12.2019, p. 1)." (*2) Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 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, 23.11.2016, p. 4).’;"