Commission Implementing Regulation (EU) 2026/1110

Contents

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/EC^note, and in particular Article 37(2) and (4) and Article 79(2) thereof,Whereas:

(1)Annex IV and Annex V to Commission Implementing Regulation (EU) 2019/2072^note set out the list of Union regulated non-quarantine pests (‘RNQPs’) and specific plants for planting with categories, thresholds and measures for preventing the presence of RNQPs as regards the movement within and introduction into the Union of specific plants for planting.

(2)Article 6(3) of that Implementing Regulation provides that the thresholds and measures set out in Annexes IV and V to that Implementing Regulation shall not affect the exceptions for plants for planting from the requirements for marketing set out in Council Directives 66/401/EEC^note, 66/402/EEC^note, 68/193/EEC^note, 98/56/EC^note, 1999/105/EC^note, 2002/54/EC^note, 2002/55/EC^note, 2002/56/EC^note, 2002/57/EC^note, 2008/72/EC^note and 2008/90/EC^note (‘specified Directives’).

(3)Experience with the application of Article 6(3) of Implementing Regulation (EU) 2019/2072 has proven that several amendments are needed to improve the clarity of the text and to ensure that the rules therein are applied more efficiently.

(4)Article 6(3), point (b), of Implementing Regulation (EU) 2019/2072 sets out ‘exceptions concerning the supply of plants for planting as grown to providers of services for processing and 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’. The term ‘as grown’ has been subject to different interpretations upon the application of that provision, leading to confusion as to its meaning. Therefore, it is appropriate to remove it from this point. The deletion of this term will not alter the scope of that exemption.

(5)For reasons of consistency, clarity and efficacy of the checks by the competent authorities, it is necessary to set out that all plants for planting, that could benefit from the exemptions referred to in the points of Article 6(3) of Implementing Regulation (EU) 2019/2072, may only be moved within the Union if their identity and traceability is ensured.

(6)Seed covered by Article 6(3), points (a), (b), (c), (d), (f) and (g) of Implementing Regulation (EU) 2019/2072, does not fall under the scope of the specified Directives. To the contrary, seed not finally certified and officially labelled accordingly, pursuant to Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC, falls under the scope of those Directives. Similarly, seed as grown, marketed for processing and packaging pursuant to Article 21 of Directive 2002/55/EC, falls within the scope of that Directive. However, that seed should still be subject to certain exemptions from the rules on RNQPs laid down in Annexes IV and V to Implementing Regulation (EU) 2019/2072, before they are eventually marketed beyond the stage of their processing and packaging.

(7)Therefore, it is appropriate to set out separate rules as regards the exemptions from the rules on RNQPs laid down in Annexes IV and V to Implementing Regulation (EU) 2019/2072 for (i) seed covered by Article 6(3), points (a), (b), (c), (d), (f) and (g), on the one hand, and (ii) seed covered by Article 6(3), point (e), on the other hand. Moreover, and contrary to the case of Article 6(3), point (b), of Implementing Regulation (EU) 2019/2072, the use in this case of the term ‘seed as grown’ is not expected to cause interpretation problems, as it is used within the meaning of Article 21 of Directive 2002/55/EC.

(8)Annexes IV and V to Implementing Regulation (EU) 2019/2072 set out the thresholds and measures to prevent the presence of RNQPs on specific plants for planting. In certain cases, those measures offer different options to be applied. From those options, measures such as field inspections or freedom of an area or a place of production from the RNQP, can only be fulfilled in the place of origin. Therefore, compliance with the thresholds and measures set out in Annexes IV and V is necessary before introduction into or movement within the Union takes place. However, as regards seed, testing and treatment of that seed can also be applied in the Union territory outside their place of production or area, in order to make that seed compliant with the rules on RNQPs laid down in Annexes IV and V to Implementing Regulation (EU) 2019/2072 for their movement within the Union after their processing and packaging. Therefore, the exemptions as regards seed not finally certified and seed as grown should only apply if the option of testing or treatment is used, as only these two options can be applied outside the place of production and within the Union territory. In addition, and for reasons of clarity, the species of seed in relation to the respective RNQP, for which the respective option for testing or treatment of the respective seed can be used, should be listed explicitly.

(9)In order to ensure clarity and efficacy of the checks by the competent authorities, where that seed or the plants for planting falling under the scope of Article 6(3), are introduced into the Union from a third country, the phytosanitary certificate, under the heading ‘Additional Declaration’, should include: (i) the indication ‘Subject to the exemption laid down in Article 6(3) of Commission Implementing Regulation (EU) 2019/2072’ and a reference to the respective point, or (ii) the indication ‘Subject to the exemption laid down in the first subparagraph of Article 6a(1) of Commission Implementing Regulation (EU) 2019/2072’ and a reference to the applicable point.

(10)For reasons of transparency, clarity and traceability, rules should also be set out in order to ensure the handling of the respective seed not finally certified and the seed as grown by a single professional operator, and identification and traceability of the respective plant for planting during introduction into, and movement within the Union of that seed.

(11)Article 13(2) of Implementing Regulation (EU) 2019/2072 should also be amended, in order to clarify the cases for which a plant passport is not needed.

(12)For reasons of consistency and clarity, it is appropriate to replace the term ‘exceptions’, as used in Article 6(3) of Implementing Regulation (EU) 2019/2072, by the term ‘exemptions’.

(13)Implementing Regulation (EU) 2019/2072 should therefore be amended accordingly.

(14)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Plants, Animals, Food and Feed,

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