Article 167 Entry into force and application
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . Unless otherwise provided for in paragraphs 2 to 4, it shall apply from 14 December 2019. 3. Articles 92 to 101 of this Regulation shall apply from 29 April 2018, instead of Articles 32 and 33 of Regulation (EC) No 882/2004, which is repealed by this Regulation. 4. Article 163 shall apply from 28 April 2017. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal Legislation on protective measures against pests of plants or plant products has been established at Union level since the 1970s. That legislation has been of major importance for the protection of the agriculture, the landscape and the environment in the Union. The first evaluation and revision of the Union phytosanitary policy took place between 2008 and 2016 and resulted in the adoption of Regulation (EU) 2016/2031 of the European Parliament of the Council 1 (‘the Regulation’), which repealed and replaced Council Directive 2000/29/EC 2 . Th e Regulation is currently the basic legal framework for the U nion plant health policy. Article 50 and Article 79(6) of the Regulation prescribed that the Commission submits, by the end of 2021, to the European Parliament and the Council reports on the enforcement and effectiveness of the import measures, and the experience gained by operators from the extension of the plant passport to all plants for planting (‘the reports submitted in accordance with Article 50 and Article 79(6)’). The Commission submitted those reports on 10 December 2021. The report on import measures concluded that it could be considered that those import measures, as well the inclusion of the plant health controls within the scope of Regulation (EU) 2017/625 of the European Parliament and of the Council 3 have contributed towards achieving the objectives to enhance the phytosanitary protection of the Union and to increase proactive action against pests in compliance with the rules of the International Plant Protection Convention ( IPPC) through risk-based and transparent approaches. The report on the extension of the plant passport system to all plants for planting concluded that that extension has contributed towards achieving the objectives of the Regulation. More specifically it contributed to increased effectiveness of the protection against quarantine pests, improved preparedness for the identification of new plant pests of Union concern, improved understanding and awareness on the part of relevant stakeholders concerning the plant health importance, and increased possibility to identify pests. The reports identified areas for further discussion to enhance the effectiveness and practical implementation of the rules for plant health but also for official controls. Those discussions took place in 2022 with the Member States’ Chief Plant Health Officers, as well as with Union associations relevant to plant health. They led to the conclusion that certain improvements of the system were needed, which were only possible by amending the Regulation. Those improvements refer to the need for (i) declarations on the phytosanitary certificate for regulated non-quarantine pests (RNQPs), (ii) reporting the non-compliances with the RNQP rules in the electronic notification notification system (Information Management System for Official Controls – IMSOC), (iii) procedural rules for the submission and examination of non-EU countries’ requests for temporary derogations from import prohibitions, (iv) procedures for identifying and listing of high-risk plants and (v) rationalising the obligation to attach a plant passport to certain plants. Further improvements were identified through elements deriving from the experience gained by the Commission during the first 5 years of the application of the Regulation, with regard to (i) measures against pests qualifying as quarantine pests but not yet fully assessed, (ii) the need for autonomous acts for adopting temporary derogations from import prohibitions, and special import requirements, (iii) the need for setting temporary import requirements for the introduction into the Union of palnts, plant products or other objects which have been removed from the list of high risk plants but for which the phytosanitary risk has not been fully assesed, (iv) setting out requirements for third countries’ equivalence, and (v) the alternative official attestations. Finally, certain reporting elements were identified as falling under the scope of the Commission’s commitment to rationalise the reporting obligations of Member States and professional operators on the basis of its Communication on ‘ Long-term competitiveness of the EU: looking beyond 2030’ 4 . Rationalisation of the reporting obligations As regards the rationalisiation of reporting obligations, the Commission has taken a horizontal initiative. In its Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’, it stressed the importance of a regulatory system that ensures that objectives are reached at minimum costs. It has committed therefore to a fresh push to rationalise and simplify reporting requirements, with the ultimate aim to reduce such burdens by 25%, without undermining the related policy objectives. Its overall objectives are summarised as follows: (a) to improve legal certainty and clarity for competent authorities and professional operators, both in the Union and in third countries; (b) to increase transparency, flexibility and consistency of the Union regulatory procedures; (c) to contribute through digitalisation, to the rationalisation of reporting obligations and the administrative tasks linked to them . Reporting requirements play a key role in ensuring correct enforcement and proper monitoring of legislation. Their costs are overall largely offset by the benefit they bring, in particular in monitoring and ensuring compliance with key policy measures. Reporting requirements can however also impose disproportionate burden on stakeholders, particularly affecting SMEs and micro-companies. Their cumulation over time can result in redundant, duplicating or obsolete obligations, inefficient frequency and timing, or inadequate methods of collection. The proposal thus aims also at rationalising reporting obligations by a combination of measures: – removal of reports which are not necessary any longer; – digitalisation of transmission of information; – reduction of frequency of reporting requirements The reporting requirements concern public authorities and, in certain cases, indirectly, professional operators. According to the proposed amendments, certain reporting obligations are removed, while others are digitalised or are requested with reduced frequency. 
Revised version (Article 167 Entry into force and application):
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . Unless otherwise provided for in paragraphs 2 to 4, it shall apply from 14 December 2019. 3. Articles 92 to 101 of this Regulation shall apply from 29 April 2018, instead of Articles 32 and 33 of Regulation (EC) No 882/2004, which is repealed by this Regulation. 4. Article 163 shall apply from 28 April 2017.