Changes from report parliamentary committee draft to plenary report

Objectives of the proposal:

Regulation (EU) 2016/2031 on protective measures against plant pests is applicable in its entirety since December 2019. It includes the classification and listing of regulated pests; requirements concerning the introduction/movement within the EU of certain plants, plant products and other objects; measures to eradicate pests. The Regulation also contains a number of reporting requirements on Member States. These requirements relate in particular to demarcated areas and surveys of Union quarantine pests, priority pests and protected zones quarantine pests. Together with Regulation (EU) 2017/625, which included for the first time plant health within the framework of the European regulation of official controls, Regulation (EU) 2016/2031 constitutes the basis of the current phytosanitary regime for the protection of the EU territory against the introduction and spread of plant pests.

Articles 50 and 79(6) of Regulation (EU) 2016/2031 provide for the submission by the Commission of reports on the implementation and effectiveness of import measures, as well as the experience gained by operators from the extension of the plant passport to all plants for planting. Based on these reports, presented in October 2021 and discussed with the Member States, the Commission proposes to improve different implementation measures of the EU phytosanitary policy, related to the need for:

1) Declarations in the phytosanitary certificate for regulated non-quarantine pests,

2) Notifications of non-compliance with the rules applicable to regulated non-quarantine pests in the electronic notification system (official controls information management system, SGICO),

3) Procedural rules for the submission and examination of requests for temporary exceptions to import bans submitted by non-EU countries,

4) Procedures to determine and list high-risk plants,

5) Rationalisation of the obligation to place a phytosanitary passport on certain plants.

Based on feedback from Member States and relevant stakeholders, and in line with its Communication on “Long-term competitiveness of the EU”, the Commission also proposes simplifying and digitalising some of the reporting requirements. It also proposes establishing an electronic system for the submission of notifications and reports by the Member States.

Rapporteur's position:

The Rapporteur recognises the appropriateness of the proposed technical changes, which do not modify the political orientation of the basic Regulation. However, she regrets that the Commission has delayed their presentation until October 2023, which puts time pressure on parliamentary work at the “end-of-term” period.

Besides, the Rapporteur considers it appropriate to take advantage of this proposal for amendment to Regulation (EU) 2016/2031 to introduce some additional changes, or reinforce those proposed, such as:

- Inclusion of a new article 19a on Plant Health Emergency Team, similar to what already exists in the field of animal health, in order to provide assistance to the Member State or the third country that requests it in the case of pest within the scope of this Regulation.

- Establishment of a period of five to ten years for multi-year prospecting programs, subject to review and updating based on the phytosanitary situation of the territory concerned.

- Strenghtening of the provisions relating to regulated non-quarantine pests (RNQPs) in the additional declaration to the phytosanitary certificate by adding the obligation to mention the specific category concerned by the prohibition.

- Extension of the use of the electronic notification system provided by Article 103 of the Regulation.