Regulation 2016/2031 - Protective measures against pests of plants - Main contents
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Regulation (EU) 2016/2031 of the European Parliament 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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2016/2031 |
| Original proposal | COM(2013)267  |
| CELEX number i | 32016R2031 |
| Document | 26-10-2016; Date of signature |
|---|---|
| Publication in Official Journal | 23-11-2016; OJ L 317 p. 4-104 |
| Signature | 26-10-2016 |
| Effect | 13-12-2016; Entry into force Date pub. +20 See Art 113 P 1 01-01-2017; Application Partial application See Art 113 P 1 PT (a) 14-12-2019; Application See Art 113 P 1 L 1 01-01-2021; Application Partial application See Art 113 P 1 PT (b) |
| Deadline | 14-12-2019; At the latest See Art 108 |
| End of validity | 31-12-2020; Partial end of validity Art. 111 Implicitly repealed by 32021R0690 31-12-9999 |
23.11.2016 |
EN |
Official Journal of the European Union |
L 317/4 |
REGULATION (EU) 2016/2031 OF THE EUROPEAN PARLIAMENT 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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Council Directive 2000/29/EC (3) sets out a plant health regime. |
(2) |
On 21 November 2008, the Council invited the Commission to proceed to an evaluation of that plant health regime. |
(3) |
In the light of the outcome of that evaluation and the experience gained from the application of Directive 2000/29/EC, that Directive should be replaced. In order to ensure uniform application of the new rules, the act replacing that Directive should take the form of a Regulation. |
(4) |
Plant health is very important for plant production, forests, natural and planted areas, natural ecosystems, ecosystem services and biodiversity in the Union. Plant health is threatened by species injurious to plants and plant products which now present a greater risk of being introduced into the Union territory owing to globalisation of trade and climate change. In order to fight that threat, it is necessary to adopt measures concerning the determination of the phytosanitary risks posed by those pests and the reduction of those risks to an acceptable level. |
(5) |
The need for such measures has long been recognised. They have formed the subject of international agreements and international conventions, including the International Plant Protection Convention (IPPC) of 6 December 1951 concluded at the United Nations Food and Agricultural Organisation (FAO) and its new, revised text approved by the FAO Conference in November 1997 at its 29th session. The Union and all its Member States are contracting parties to the IPPC. |
(6) |
It has become apparent that for the determination of the scope of this Regulation it is important to take into account bio-geographical factors to avoid the introduction into and spread within the territory of the European Union of pests not present in that territory. Consequently, Ceuta, Melilla and, with the exception of Madeira and the Azores, the outermost regions of Member States referred to in Article 355(1) of the Treaty on the Functioning of the European Union (TFEU) should be excluded from the territorial scope of this Regulation. References to third countries should be read as references also to those excluded territories. |
(7) |
Directive 2000/29/EC sets out rules concerning official controls to be carried out by the competent authorities as regards protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community. It requires the Member States to carry out adequate and efficient control measures. Such adequate and efficient official controls measures should also be continued in the future. As part of the ‘Smarter Rules for Safer Food’ package, this Regulation should only provide for a limited number of provisions on official controls since those rules should be provided for in the framework of the... |
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