CELEX: 
Language: en
Date: 2019-12-13 00:00:00
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... on specific rules concerning the release of plants, plant products and other objects from quarantine stations and confinement facilities pursuant to Regulation (EU) 2016/2031

EUROPEAN
                             COMMISSION
                                                       Brussels, 13.12.2019
                                                       C(2019) 8889 final
                COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                         of 13.12.2019
   on specific rules concerning the release of plants, plant products and other objects from
    quarantine stations and confinement facilities pursuant to Regulation (EU) 2016/2031
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 ---pagebreak---                    COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                              of 13.12.2019
     on specific rules concerning the release of plants, plant products and other objects from
      quarantine stations and confinement facilities pursuant to Regulation (EU) 2016/2031
   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 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/EC1, and in particular Article 64(3) thereof,
   Whereas:
   (1)     Article 64 of Regulation (EU) 2016/2031 sets out general rules for the release of
           plants, plant products and other objects from quarantine stations and confinement
           facilities, and empowers the Commission to lay down specific rules in this regard.
   (2)     In accordance with that Regulation, plants, plant products or other objects subject to
           measures adopted pursuant to Article 30(1) or listed pursuant to Articles 40(2) and (3),
           41(2) and (3), 42(2) and (3), 48(1), 49(1), 53(2) and (3), and 54(2) and (3) of that
           Regulation (the ʽspecified materialʼ) might present a phytosanitary risk in the Union.
           This Implementing Regulation should therefore establish the requirements for the safe
           release of the specified material from quarantine stations and confinement facilities.
   (3)     It should be ensured that the specified material may only be released from quarantine
           stations and confinement facilities if it has been kept, without any interruption, at the
           approved quarantine stations or confinement facilities under the requirements laid
           down in Articles 61 and 62 of Regulation (EU) 2016/2031, and it has been found free
           from Union quarantine pests, protected zone quarantine pests and pests subject to the
           measures adopted pursuant to Article 30(1) of that Regulation. It should also be
           specified that, to that purpose, the appropriate methods within the meaning of Article
           34 of Regulation (EU) 2017/625 have been applied, to ensure the most effective
           implementation of that requirement.
   (4)     As Regulation (EU) 2016/2031 applies from 14 December 2019, and in order to
           ensure a consistent application of all rules concerning pests of plants, this
           Implementing Regulation should apply from the same date. Therefore, it should enter
           into force on the third day following that of its publication in the Official Journal of
           the European Union.
   (5)     The measures provided for in this Regulation are in accordance with the opinion of the
           Standing Committee on Plants, Animals, Food and Feed,
   1
           OJ L 317, 23.11.2016, p. 4.
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 ---pagebreak---    HAS ADOPTED THIS REGULATION:
                                                Article 1
                                                  Scope
   This Implementing Regulation sets out specific rules concerning the release from quarantine
   stations and confinement facilities of the specified material.
                                                Article 2
                                               Definitions
   For the purpose of this Regulation, the following definitions shall apply:
   (a)       ‘specified materialʼ means the plants, plant products or other objects subject to
             measures adopted pursuant to Article 30(1) of Regulation (EU) 2016/2031, or listed
             pursuant to Article 40(2) and (3), Article 41(2) and (3), Article 42(2) and (3), Article
             48(1), Article 49(1), Article 53(2) and (3), and Article 54(2) and (3) thereof;
   (b)       ‘specified pests’ means pests to which the specified material is known to be
             susceptible and which belong to one of the following categories:
             (i)   Union quarantine pests, listed pursuant to Article 5 of Regulation (EU)
                   2016/2031;
             (ii)  pests subject to measures adopted pursuant to Article 30(1) of that Regulation;
             (iii) protected zone quarantine pests, listed pursuant to Article 32(3) of that
                   Regulation.
   (c)       ‘methods’ shall mean all methods within the meaning of Article 34 of Regulation
             (EU) 2017/625.
                                                Article 3
                         Requirements for the release of the specified material
   The specified material may only be released from quarantine stations and confinement
   facilities designated by the Member States pursuant to Article 60 of Regulation (EU)
   2016/2031, if it fulfils the following conditions:
   (a)       it has only been kept at the approved quarantine stations or confinement facilities
             under the requirements laid down in Articles 61 and 62 of Regulation (EU)
             2016/2031;
   (b)       it has been found free from specified pests in accordance with Article 4 of this
             Implementing Regulation.
                                                Article 4
                  Methods for the detection of specified pests on the specified material
   1.        The specified material shall be visually inspected and, as applicable for the biology
             of the material and the pests, sampled and tested using appropriate methods to detect
             the presence of specified pests. That inspection, sampling and testing shall be carried
             out at the appropriate times and last for the period necessary for the detection of
             those pests.
   2.        In addition to the requirements of paragraph 1, plants for planting shall be kept under
             the official supervision of the competent authorities during the entire time needed on
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 ---pagebreak---              the basis of the biology of the plants, under conditions allowing the detection of the
             presence of the specified pests or of any latent or asymptomatic infections by such
             pests, and by using the appropriate methods to that purpose.
                                                Article 5
                                   Entry into force and application
   This Regulation shall enter into force on the third day following that of its publication in the
   Official Journal of the European Union.
   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, 13.12.2019
                                                 For the Commission
                                                 The President
                                                 Ursula von der LEYEN
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