Commission Regulation (EC) No 1756/2004 of 11 October 2004 specifying the detailed conditions for the evidence required and the criteria for the type and level of the reduction of the plant health checks of certain plants, plant products or other objects listed in Part B of Annex V to Council Directive 2000/29/EC
Date: 2004-10-11
Institutions: European Commission
Subjects: exchange of information, plant health control, plant health legislation, protection of plant life, surveillance concerning imports

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COMMISSION REGULATION (EC) No 1756/2004

of 11 October 2004

specifying the detailed conditions for the evidence required and the criteria for the type and level of
the reduction of the plant health checks of certain plants, plant products or other objects listed in
Part B of Annex V to Council Directive 2000/29/EC

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Directive 2000/29/EC present a high risk of introduction
of organisms harmful to plants or plant products, the
reduction should not apply to them.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 2000/29/EC of 8 May 2000
on protective measures against
the introduction into the
Community of organisms harmful to plants or plant products
their spread within the Community (1), and in
and against
particular Article 13a(5)(c) thereof,

(4)

(5)

into

Specific conditions are set out for plants, plant products
or other objects which are subject to authorisation of
import
derogation
Community
to the provisions of Article 15(1) of
according
Directive 2000/29/EC. Therefore, the said plants, plant
products or other objects should not be subjected to
plant health checks at a reduced frequency.

under

the

The measures provided for in this Regulation are in
accordance with
Standing
Committee on Plant Health,

opinion

the

the

of

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

Under Directive 2000/29/EC, all consignments of plants,
plant products or other objects listed in Part B of Annex
V thereof should in principle be subjected to identity and
plant health checks before being permitted to enter the
Community.

Article 1

This Regulation shall apply to the plant health checks provided
for in Article 13a(1)(b)(iii) of Directive 2000/29/EC as regards
the plants, plant products or other objects listed in Part B of
Annex V to Directive 2000/29/EC originating in a specified
country,
the products
thereof
territory or part
concerned), with the exception of:

(hereinafter

it

In order to allow plant health checks to be carried out at
a reduced frequency,
is necessary to provide for
detailed conditions for the evidence, as referred to in
the second subparagraph of Article 13a(2) of Directive
the plants, plant products or other
2000/29/EC that
objects listed in Part B of Annex V thereto, which are
introduced into the Community, meet the conditions sets
out in that Directive.

(a) plants intended for planting;

(b) any plant, plant product or other object which is subject to
authorisation allowing importation into the Community
according to the provisions of Article 15(1) of Directive
2000/29/EC;

(3)

Since plants intended for planting and plants, plant
products or other objects which are
to
measures adopted in accordance with Article 16(3) of

subject

(1) OJ L 169, 10.7.2000, p. 1. Directive as

last amended by
Commission Directive 2004/70/EC (OJ L 127, 29.4.2004, p. 97).

(c) any plant, plant product or other object which is subject to
temporary measures according to the provisions of Article
16(3) of Directive 2000/29/EC;

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d) any plant, plant product or other object which is mentioned
to Article 13a(5)(b) of

on the list established pursuant
Directive 2000/29/EC.

Article 4

The level of

1.
Article 2(2), shall be based on the following criteria:

the reduced frequency, as referred to in

Article 2

Any Member State may apply to the Commission to have
1.
a product concerned subjected to plant health checks at a
reduced frequency. The application shall contain the infor-
mation set out in Annex I.

(a)

the number of consignments of
intercepted
included in the list referred to in point (e) of Annex I;

the product concerned
the presence of harmful organisms

for

2.
Respecting the conditions in Article 3 and applying the
criteria in Article 4, the Commission shall prepare a list of
products concerned for which plant health checks may be
carried out at a reduced frequency, and specify the level of
the reduced frequency.

After consultation within the Committee referred to in
the Commission shall

3.
Article 18 of Directive 2000/29/EC,
publish this list.

Article 3

The product concerned may be subject to plant health checks at
reduced frequency provided that:

(a)

the average number of consignments over three years of the
product concerned introduced into the Community each
year is at least 200, and

(b) the minimum number of consignments of

the product
concerned for which inspections have been carried out
during the previous three years is at least 600, and

(c)

the number of consignments of the product concerned each
year which were found infected by the harmful organisms
mentioned under point (e) of Annex I is less than 1 % of
the total number of consignments of
the said product
concerned imported into the Community, and

(d) the application for the products concerned as referred to in

Article 2(1) is available at the Commission.

(b) the estimated mobility of the harmful organisms included in
the list referred to in point (e) of Annex I at the most
mobile stage to which the organism could develop on the
relevant plant or plant product;

(c)

the number of consignments of the products concerned on
which a physical plant health inspection has been carried
out;

(d) any other factor relevant to a determination of the phyto-

sanitary risk from the trade concerned.

The type of the reduced frequency shall be expressed as
2.
the minimum percentage of plant health checks that may be
carried out by the Member States on the products concerned.
This minimum percentage applies for each Member State to all
consignments consisting of the products concerned imported in
its territory.

Article 5

16(1)

prejudice

to Article

1. Without
of Directive
2000/29/EC, for the purpose of monitoring the importation
of the products concerned for which plant health checks are
carried out pursuant
importing Member
to this Regulation,
States
supply to the Commission and to the other
shall
Member States the information listed in Annex II, by 31
March each year at the latest.

On the basis of this information, and in accordance with
2.
the provisions of Articles 3 and 4,
the Commission shall
establish a report and shall assess whether and at which
frequency plant health checks for the products concerned may
still be carried out at a reduced frequency pursuant to this
Regulation.

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If 1 % of the total number of consignments imported
3.
consisting of the product concerned and subject to a reduced
frequency pursuant to this Regulation, is found infected by any
of the organisms listed in the Annexes I or II to Directive
2000/29/EC, the relevant product concerned shall be considered
as no longer eligible as a product for which plant health checks
may be carried out at a reduced frequency.

which plant health checks may be carried out at a reduced
frequency, and publish the said amendment.

Article 7

This Regulation shall be reviewed by1 January 2007 at the
latest.

Article 6

Article 8

When, on the basis of the assessment mentioned in Article 5(2),
or the consideration mentioned in Article 5(3), or if evident
from more
in the
interceptions
Member States,
the product concerned does
not satisfy any longer with the provisions of Article 3, the
Commission shall amend the list of products concerned for

recent notifications of

it appears that

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

It shall apply from 1 January 2005.

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

Done at Brussels, 11 October 2004.

For the Commission

David BYRNE
Member of the Commission

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ANNEX I

The information referred to in Article 2 shall contain:

(a) a description of the products concerned;

(b) the origin of the products concerned;

(c)

the list of the Member States that import the product concerned;

(d) the volume of import into the Community of the products concerned, expressed in number of consignments and

weight or pieces or units;

(e)

the list of harmful organisms referred to in Annex I or II to Directive 2000/29/EC liable to be carried on the product
concerned;

(f)

the number of consignments of the product concerned intercepted for the presence of harmful organisms mentioned
under (e);

(g) the estimated mobility of the harmful organisms mentioned under (e) at the most mobile stage to which the organism

could develop on the relevant plant or plant product;

(h) the number of consignments of the product concerned intercepted for other reasons than the presence of harmful

organisms mentioned under (e);

(i)

the number of consignments of the products concerned on which a physical plant health inspection has been carried
out.

As regards the information mentioned under points (d), (f), (h) and (i), the dossier shall provide data covering the period
of at least three years preceding the year in which it is submitted.

The information referred to in Article 5(1) shall contain for each of the products concerned:

ANNEX II

(a)

the total number of consignments imported;

(b) the total number of consignments inspected;

(c)

the total number and the details of interceptions of harmful organisms listed in Annex I or II to Directive 2000/29/EC
related to the consignments imported pursuant to this Directive;

(d) the total number of consignments of the products concerned intercepted for other reasons than the presence of

harmful organisms mentioned under (c) and the detail thereof.