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

• Coming into Force: 24 June 2021
• Published date: 24 June 2021
• Celex Number: 02019R2072-20210624
• Date: 24 June 2021

02019R2072 — EN — 24.06.2021 — 006.001

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►B 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)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION IMPLEMENTING REGULATION (EU) 2020/1199 of 13 August 2020	L 267	3	14.8.2020
►M2	COMMISSION IMPLEMENTING REGULATION (EU) 2020/1292 of 15 September 2020	L 302	20	16.9.2020
►M3	COMMISSION IMPLEMENTING REGULATION (EU) 2020/1825 of 2 December 2020	L 406	58	3.12.2020
►M4	COMMISSION IMPLEMENTING REGULATION (EU) 2020/2210 of 22 December 2020	L 438	28	28.12.2020
►M5	COMMISSION IMPLEMENTING REGULATION (EU) 2020/2211 of 22 December 2020	L 438	41	28.12.2020
►M6	COMMISSION IMPLEMENTING REGULATION (EU) 2021/759 of 7 May 2021	L 162	18	10.5.2021
M7	COMMISSION IMPLEMENTING REGULATION (EU) 2021/901 of 3 June 2021	L 197	75	4.6.2021

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▼B

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

Article 1

Subject matter

This Regulation implements Regulation (EU) 2016/2031, as regards the listing of Union quarantine pests, protected zone quarantine pests and Union regulated non-quarantine pests, and the measures on plants, plant products and other objects to reduce the risks of those pests to an acceptable level.

Article 2

Definitions

1.

For the purposes of this Regulation, the definitions provided for in Annex I shall apply.

2.

In addition, the following definitions shall apply:

(a)

‘practically free from pests’ means the extent of presence of pests, other than Union quarantine pests or protected zone quarantine pests, on the plants for planting or fruit plants, which is sufficiently low to ensure acceptable quality and usefulness of those plants;

(b)

‘official statement’ means a phytosanitary certificate, as provided for in Article 71 of Regulation (EU) 2016/2031, a plant passport, as provided for in Article 78 of that Regulation, the mark on wood packaging material, wood or other objects, as referred to in Article 96 of that Regulation, or the official attestations as referred to in Article 99 of that Regulation;

(c)

‘systems approach’ means the integration of different risk management measures, at least two of which act independently, and which, when applied together, achieve the appropriate level of protection against Union quarantine pests, protected zone quarantine pests and pests subject to the measures adopted pursuant to Article 30 of Regulation (EU) 2016/2031.

Article 3

List of Union quarantine pests

The list of Union quarantine pests, as referred to in Article 5 of Regulation (EU) 2016/2031, is set out in Annex II to this Regulation.

The list of Union quarantine pests not known to occur in the Union territory is set out in Part A of Annex II and the list of Union quarantine pests known to occur in the Union territory is set out in Part B of Annex II.

Article 4

List of protected zones and the respective protected zone quarantine pests

The list of the protected zones and the respective protected zone quarantine pests, as referred to in Article 32(3) of Regulation (EU) 2016/2031, is set out in Annex III to this Regulation.

Article 5

List of Union regulated non-quarantine pests and specific plants for planting, with categories and thresholds

The list of Union regulated non-quarantine pests (‘RNQPs’) and specific plants for planting with categories and thresholds, as referred to in Article 37(2) of Regulation (EU) 2016/2031, are set out in Annex IV to this Regulation. Those plants for planting shall not be introduced into, or moved within, the Union if the presence of the RNQPs, or symptoms caused by RNQPs, on those plants for planting is above those thresholds.

The prohibition of introduction and movement provided for in the first paragraph shall apply only to the categories of plants for planting as provided for in Annex IV.

Article 6

Measures to prevent the presence of RNQPs on specific plants for planting

1.

The measures to prevent the presence of RNQPs concerning the movement within and introduction into the Union of specific plants for planting, as referred to in Article 37(4) of Regulation (EU) 2016/2031, are set out in Annex V to this Regulation.

2.

The list set out in Annex IV to this Regulation and Annex V thereto shall not affect the measures adopted pursuant to Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 98/56/EC, 1999/105/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC concerning:

(a)

inspections, sampling and testing of the plants for planting concerned or the plants from which they originate;

(b)

the origin of the respective plants for planting from the areas or sites, which are free from, or with physical protection from, the RNQPs concerned;

(c)

treatments of the plants for planting concerned, or the plants from which they originate;

(d)

the production of the plants for planting.

3.

In addition, the list set out in Annex IV to this Regulation and Annex V thereto shall not affect the exceptions for plants for planting, adopted pursuant to Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 98/56/EC, 1999/105/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC, from the requirements for marketing set out by those Directives, including:

(a)

exceptions concerning the supply of plants for planting to official testing and inspection bodies;

(b)

exceptions concerning the supply of plants for planting as grown to providers of services for processing or packaging, under the condition that the provider of services does not acquire title to the plants thus supplied and the identity of the plants is ensured;

(c)

exceptions concerning the supply of plants for planting under certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose;

(d)

exceptions for plants for planting intended for scientific purposes, selection work, other test or trial purposes;

(e)

exceptions from marketing requirements concerning plants for planting not finally certified;

(f)

exceptions from marketing requirements set out in the provisions of Implementing Decision (EU) 2017/478;

(g)

exceptions from marketing requirements for plants for planting shown to be intended for export to third countries.

Article 7

List of plants, plant products and other objects whose introduction into the Union from certain third countries is prohibited

The list of plants, plant products and other objects whose introduction into the Union territory is prohibited, together with the third countries, groups of third countries or specific areas of third countries to which the prohibition applies, as referred to in Article 40(2) of Regulation (EU) 2016/2031, is set out in Annex VI to this Regulation.

▼M3

The first paragraph shall apply without prejudice to any other acts setting out prohibitions, having a temporary character, adopted pursuant to Articles 40(2), 42(3) or 49(1) of Regulation (EU) 2016/2031, and concerning the introduction into the Union territory of certain plants, plant products or other objects to address particular phytosanitary risks which are not yet fully assessed.

▼B

Article 8

List of plants, plant products and other objects originating from third countries, or in the Union territory and the corresponding special requirements for their introduction into or movement within the Union territory

1.

The list of plants, plant products and other objects, originating from third countries, and the corresponding special requirements for their introduction into the Union territory, as referred to in Article 41(2) of Regulation (EU) 2016/2031, is set out in Annex VII to this Regulation.

▼M3

The first subparagraph shall apply without prejudice to any other acts setting out special requirements, having a temporary character, adopted pursuant to Articles 41(2), 42(4) or 49(1) of Regulation (EU) 2016/2031, and concerning the introduction into the Union territory of certain plants, plant products or other objects to address particular phytosanitary risks which are not yet fully assessed.

▼B

2.

The list of plants, plant products and other objects, originating in the Union territory, and the corresponding special requirements for their movement within the Union territory, as referred to in Article 41(2) of Regulation (EU) 2016/2031, is set out in Annex VIII to this Regulation.

▼M3

The first subparagraph shall apply without prejudice to any other acts setting out special requirements, having a temporary...