New Plant Health Rules (EU)

In October 2016, the EU adopted Regulation (EU) 2016/2031 on protective measures against plant pests (“Plant Health Law”).

On 13 December 2016, the Regulation entered into force and is applicable from today 14 December 2019.

These rules constitute the EU Plant Health Regime, which has been in place since 1977 and was fully reviewed by the European Commission in May 2013.

The new rules aim to modernise the plant health regime, enhancing more effective measures for the protection of the Union’s territory and its plants. They also aim to ensure safe trade, as well as to mitigate the impacts of climate change on the health of our crops and forests.

From 14 December 2019, the current Annexes of Directive 2000/29/EC, whereby the regulated pests, the regulated plants, plant products and other objects and the plant health import, as well as internal movement, requirements are listed, are replaced with a new Implementing Act 2019/2072 and its Annexes.

This Implementing Act is here.

From 14 December 2019, all plants (including living parts of plants) will need to be accompanied by a phytosanitary certificate to enter into the EU, unless they are listed in Commission Implementing Regulation (EU) 2018/2019 as exempted from this general requirement (not requiring to be accompanied by a phytosanitary certificate). Currently, the list of plants exempted from the obligation to carry a phytosanitary certificate from 14 December 2019 are the following fruits: pineapples, coconuts, durians, bananas and dates.

Commission Implementing Regulation (EU) 2018/2019 is updated by 2019/2072.

EU plant health rules also cover the movement and trade within the EU of certain plants, plant products and other objects which are potential carriers of quarantine pests. These plants, plant products and other objects are listed in Annex VIII and IX of the above Implementing Regulation (EU) 2019/2072.

Within the EU, these rules include:

• Requirements for internal movements – Regulation (EU) 2019/2072 – Annex VIII, IX and X

• Production controls and inspections at the place of production during the growing season and immediately after harvest;

• Official producer registration;

• Plant passports, issued to accompany the plants, products and other objects once they have passed all the EU checks.

Registration of EU producers

• Directives 92/90 EEC and 93/50 EC

• Regulation (EU) 2016/2031, Articles 65-70

Rules for issuing plant passports

• Directive 92/105/EEC as amended by Directive 2005/17 /EC

• Criteria for authorization Regulation (EU) 2019/827

• Format of plant passports Regulation (EU) 2017/2313

• Regulation (EU) 2016/2031, Articles 78-95

Brexit – the UK Government has issued instructions, these new EU Plant Health Rules apply today to movements within the UK and movements to the EU.

The UK instructions are here.

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