REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the delegation of power to adopt delegated acts conferred on the Commission, pursuant to Regulation (EU) 2016/2031 on protective measures against plant pests (‘Plant Health Law’)
Date: 2026-02-18
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: European Commission, delegated legislation, destruction of crops, pest, plant health control, plant health treatment, powers of the institutions (EU), protection of plant life, surveillance concerning imports, transfer of competence

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 18.2.2026  COM(2026) 85 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the delegation of power to adopt delegated acts conferred on the Commission, pursuant to Regulation (EU) 2016/2031 on protective measures against plant pests (‘Plant Health Law’)  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the delegation of power to adopt delegated acts conferred on the Commission, 
pursuant to Regulation (EU) 2016/2031 on protective measures against plant pests 
(‘Plant Health Law’) 

1.  INTRODUCTION 

Regulation (EU) 2016/2031 on protective measures against plant pests (‘Plant Health Law’)1 
was adopted in  2016. This  Regulation  entered into  force  on  15 November 2016 and applies 
from 14 December 2019.  

This Regulation replaces five Directives of plant health law and provides for a risk-based and 
more  proactive  approach  to  the  phytosanitary  protection  of  Union  territory.  It  provides  for 
surveys  for  the  presence  of  pests,  timely  detection  and  notification  of  outbreaks  and 
interceptions,  detailed  rules  for  eradication  and  containment,  prioritisation  of  pests, 
contingency  planning,  simulation  exercises,  more  stringent  import  rules,  harmonised 
certification and a more flexible approach for professional operators to carry out certification 
under official supervision of the competent authorities. This new regime is complemented and 
supported by the rules on official controls introduced by Regulation (EU) 2017/6252. 

According to the provisions of Regulation (EU) 2016/2031, the Commission is empowered to 
adopt a large number of implementing and delegated acts. The Regulation also imposes on the 
Commission the obligation to report to the co-legislators in respect of the delegation of power 
confered on it.  

2.  LEGAL BASIS 

This report is required under Article  105(2) of Regulation (EU) 2016/2031. Pursuant to this 
provision, the power to adopt delegated acts concerning the matters listed therein is conferred 
on the Commission for a period of five years from 13 December 2016, and the Commission is 
required  to  prepare  a  report  in  respect  of  the  delegation  of  power  at  the  latest  nine  months 
before the end of the five-year period.  

1 

2 

Regulation  (EU)  2016/2031  of  the  European  Parliament  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, ELI: http://data.europa.eu/eli/reg/2016/2031/oj). 
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official 
controls and other official activities performed to ensure the application of food and feed law, rules on 
animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 
999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 
652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council 
Regulations  (EC)  No  1/2005 and  (EC)  No  1099/2009  and Council  Directives  98/58/EC,  1999/74/EC, 
2007/43/EC,  2008/119/EC  and  2008/120/EC,  and  repealing  Regulations  (EC)  No  854/2004  and  (EC) 
No  882/2004  of  the  European  Parliament  and  of  the  Council,  Council  Directives  89/608/EEC, 
89/662/EEC,  90/425/EEC,  91/496/EEC,  96/23/EC,  96/93/EC  and  97/78/EC  and  Council  Decision 
92/438/EEC 
ELI: 
http://data.europa.eu/eli/reg/2017/625/oj).  

(Official  Controls  Regulation) 

7.4.2017, 

(OJ 

95, 

1, 

p. 

L 

1 

 
 
 
The Commission submitted the first relevant report on 27 July 20213. This report concerns the 
second reporting period, namely the one between 13 March 2021 and 13 March 2026. 

According to that Article, the Commission is empowered to adopt delegated acts referred to in 
Article  6(2),  Article  7,  Article  8(5),  Article  19(7),  Article  21,  Article  32(5),  Article  34(1), 
Article 38, Article 43(2), Article 46(2), Article 48(5), Article 51, Article 65(4), Article 71(4), 
Article 76(4), Article 81(2), Article 83(6), Article 87(4), Article 89(2), Article 96(2), Article 
98(1), Article 99(1), Article 100(4), Article 101(5) and Article 102(6) of that Regulation. 

Article  105(2)  of  that  Regulation  lays  down  that  the  delegation  of  power  shall  be  tacitly 
extended for periods of an identical duration, unless the European Parliament or the Council 
opposes  such  extension  not  later  than  three  months  before  the  end  of  each  period,  while 
Article 105(3) states that the delegation of power may be revoked at any time by the European 
Parliament or by the Council. 

3.  EXERCISE OF THE DELEGATION 

During the reporting period, namely the one between 13 March 2021 and 13 March 2026, the 
Commission exercised its delegated powers, by adopting the following delegated acts: 

•  Commission  Delegated  Regulation  (EU)  2022/1456  of  10  June  2022  establishing  a 
derogation from Article 43(1) of Regulation (EU) 2016/2031 of the European Parliament 
and the Council as regards the import conditions for introduction into the Union of wood 
packaging material in the form of ammunition boxes, originating in the United States of 
America, under the control of the United States Department of Defence, and manufactured 
before 1 September 20074. 

•  Commission Delegated Regulation (EU) 2022/2404 of 14 September 2022 supplementing 
Regulation  (EU)  2016/2031  of  the  European  Parliament  and  of  the  Council  by  laying 
down  detailed  rules  for  the  surveys  on  protected  zone  quarantine  pests  and  repealing 
Commission Directive 92/70/EEC5. 

By  now  the  Commission  has  used  7  of  the  27  empowerments  to  adopt  delegated  acts  as 
provided in Regulation (EU) 2016/2031. Some of these delegated powers were bundled in a 
single delegated act where the rules are substantively linked. In certain cases, the bundling in 
a single act rather than a number of cross-referenced separate acts was considered necessary 
in the interest of simplicity, transparency, to facilitate the effective application of the rules and 
to avoid duplication. 

Moreover, the Commission has carried out a review of all empowerments for the adoption of 
delegated  and  implementing  acts  under  Regulation  (EU)  2016/2031,  as  part  of  its  overall 
objective to simplify the EU policies and legislation. 

3 

4  
5 

Report from the Commission to the European Parliament and the Council on the delegation of power to 
adopt  delegated  acts  conferred  on  the  Commission,  pursuant  to  Regulation  (EU)  2016/2031  on 
protective  measures  against  plant  pests  (‘Plant  Health  Law’),  https://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:52021DC0425 . 
OJ L 229, 5.9.2022, ELI: http://data.europa.eu/eli/reg_del/2022/1456/oj. 
OJ L 317, 9.12.2022; ELI: http://data.europa.eu/eli/reg_del/2022/2404/oj. 

2 

 
 
 
The below table shows which acts contain the specific measures adopted under the relevant 
empowerments in Regulation (EU) 2016/2031. 

Empowerments in Regulation (EU) 
2016/2031 
Article 89(2) 

Articles 8(5) and 48(5) 

Article 6(2) 

Article 43(2) 

Article 32(5) and Article 34(1) 

Delegated Act 

for 

trials, 

Commission  Delegated  Regulation 
(EU) 
2019/827  of  13  March  2019  on  criteria  to  be 
fulfilled by the professional operators in order to 
comply  with  the  conditions  set  out  in  Article 
89(1) point (a) of Regulation (EU) 2016/2031 of 
the European Parliament and of the Council and 
procedures to ensure that those criteria are met. 
Commission  Delegated  Regulation 
(EU) 
2019/829  of  14  March  2019  supplementing 
Regulation  (EU)  2016/2031  of  the  European 
Parliament  and  of  the  Council  on  protective 
measures  against  pests  of  plants,  authorising 
Member  States 
temporary 
to  provide 
derogations in view of official testing, scientific 
or 
varietal 
purposes, 
educational 
selections, or breeding. 
Commission  Delegated  Regulation 
(EU) 
2019/1702  of  1  August  2019  supplementing 
Regulation  (EU)  2016/2031  of  the  European 
Parliament  and  of  the  Council  by  establishing 
the list of priority pests. 
Commission 
Regulation 
Delegated 
(EU)2022/1456  of  10  June  2022  establishing  a 
derogation  from  Article  43(1)  of  Regulation 
(EU) 2016/2031 of the European Parliament and 
the Council as regards the import conditions for 
introduction  into  the  Union  of  wood  packaging 
material  in  the  form  of  ammunition  boxes, 
originating  in  the  United  States  of  America, 
under 
the  United  States 
Department  of  Defence,  and  manufactured 
2007.  
before 
(no longer in force) 
Commission  Delegated  Regulation 
(EU) 
2022/2404 of 14 September 2022 supplementing 
Regulation  (EU)  2016/2031  of  the  European 
Parliament  and  of  the  Council  by  laying  down 
detailed rules for the surveys on protected  zone 
quarantine  pests  and  repealing  Commission 
Directive 92/70/EEC. 

the  control  of 

September 

1 

Certain  empowerments  of  Regulation  (EU)  2016/2031  have  not  been  used  during  the 
reporting period for the reasons explained below: 

3 

 
 
 
•  The  empowerments  of  Articles  7,  21,  38,  51,  71(4),  83(6),  100(4),  101(5),  and  102(6) 
concerning the amendments of Sections 1 and 4 of Annex I, Annex II, Annex III, Annex 
IV, Parts A and B of Annex V, Annex VII and Parts A, B and C of Annex VIII, in order to 
adapt  them  to  the  development  of  scientific  and  technical  knowledge  and  of  relevant 
international  standards,  were  not  used  so  far.  However  the  Commission  will  assess  the 
need  to  use  them,  once  any  updates  of  scientific  and  technical  knowledge,  or  of  the 
respective international standards, take place. 

•  The empowerment of Article 19(7) concerning the specification of the pests referred to in 
point (a) of paragraph 6 of that Article and in point (b) of Article 16 and the conditions for 
the  application  of  the  derogations  set  out  therein,  was  not  used  so  far.  However  the 
Commission  will  assess  the  need  to  act  in  this  respect  in  the  light  of  experience  on  the 
practical  application  of  the  rules  of  the  Plant  Health  Law,  with  a  view  to  reducing 
administrative burden for business operators. 

•  The  empowerments  of  Article  46(2)  concerning  the  maximum  width  of  third  country 
frontier  zones  and  Member  State  frontier  zones,  as  appropriate  for  the  specific  plants, 
plant  products  and  other  objects,  the  maximum  distance  of  the  movement  of  the  plants, 
plant  products  and  other  objects  concerned  within  the  third  country  frontier  zones  and 
Member State frontier zones; and the procedures for the authorisation of the introduction 
into, and movement within, the Member State frontier zones of plants, plant products and 
other objects, were not used. The Commission will assess the need to act in this respect in 
the light of experience on the practical application of the rules of the Plant Health Law. 

•  The  empowerments  of  Article  65(4)  concerning  i)  addition  of  further  categories  of 
professional operators to be exempted from the application of paragraph 1 of that Article, 
where registration would constitute an administrative burden for them disproportionate to 
the low pest risk related to their professional activities; ii) particular requirements for the 
registration of certain categories of professional operators, taking into account the nature 
of the activity or of the plant, plant product or other object concerned, and iii) setting out 
the  maximum  figures  for  small  quantities  of  particular  plants,  plant  products  or  other 
objects as referred to in point (a) of the first subparagraph of paragraph 3, were not used. 
The Commission will assess the need to act in this respect in the light of experience on the 
practical  application  of  the  rules  of  the  Plant  Health  Law  with  a  view  to  reducing 
adminstrative burden for business operators. 

•  The empowerment of Article 76(4) concerning the conditions for acceptance referred to in 
the  first  subparagraph  of  that  paragraph  to  ensure  the  reliability  of  phytosanitary 
certificates, was not used. The Commission will assess the need to act in this respect in the 
light of experience on the practical application of the rules of the Plant Health Law. 

•  The empowerment of Article 81(2) concerning setting out the cases where, for particular 
plants, plant products or other objects, the  exception of paragraph 1 of that Article shall 
only apply to small quantities, was not used. The Commission will assess the need to act 
in  this  respect  in  the  light  of  experience  on  the  practical  application  of  the  rules  of  the 
Plant Health Law. 

•  The  empowerment  of  Article  87(4)  concerning  detailed  measures  concerning  visual 
examination,  sampling  and  testing,  and  the  frequency  and  timing  of  the  examinations, 
referred  to  in  paragraphs  1,  2  and  3  of  that  Article,  with  regard  to  specific  plants,  plant 
products and other objects, on the basis of the particular pest risks they may present, was 

4 

 
 
not  used.  The  Commission  will  assess  the  need  to  act  in  this  respect  in  the  light  of 
experience on the practical application of the rules of the Plant Health Law. 

•  The empowerment of Article 96(2) concerning the requirements set out in paragraph 1 of 
that  Article  in  order  to  adapt  them  to  the  development  of  international  standards  and  in 
particular to ISPM15, was not used. However the Commission will assess the need to act 
in  this  respect,  once  any  updates  of  scientific  and  technical  knowledge,  or  of  the 
respective international standards, take place. 

•  The  empowerment  of  Article  98(1)  concerning  the  specification  of  the  requirements  for 
authorisation  of the registered operators applying the mark of wood packaging  material, 
where appropriate in view of the development of scientific and technical knowledge and 
international standard, was not used. However the Commission should remain in position 
to  use  it,  once  any  update  of  scientific  and  technical  knowledge,  or  of  the  respective 
international standards, takes place. 

•  The  empowerments  of  Article  99(1)  concerning  requirements  for  i)  the  authorisation  of 
professional  operators  as  regards  the  issuance  of  the  official  attestations  referred  to  in 
Article 99(1); ii) the supervision by the competent authority of the professional operators 
referred  to  in  point  (a)  of  Article  99(2),  and  iii)  the  withdrawal  of  that  authorisation 
referred to  in  point (a) of  Article 99(2),  were not used. The Commission  will assess the 
need  to  act  in  this  respect  in  the  light  of  experience  on  the  practical  application  of  the  
rules of the Plant Health Law. 

4.  CONCLUSION 

The  Commission  sees  the  need  for  extension  of  all  empowerments  of  Regulation  (EU) 
2016/2031 to adopt delegated acts as provided for in that Regulation beyond the current five-
year period. The need to develop rules based on the empowerments will remain in the future. 
This will be appropriate to regularly adjust those rules to the latest scientific standards and to 
give  possibility  to  the  Commission  to  act  in  the areas  where  it  did  not  yet  act,  but  where  it 
may need to do so in the future.  

5