Overview of the EU import controls legislation,

2000 / 29 EC

By Dr Elspeth Steel By Dr Elspeth Steel

Thursday 28th July 2011, Bangkok

• Council Directive 2000/29/EC on protective measures against the introduction and spread of organisms harmful to plants or plant products in the EU.

The EU import regulations for plants and plant products

• The Directive deals with both imports to the EU and internal movement of plants and plant products between and within MS

• Other EU Directives cover the control of quarantine organisms with an aim to eradication them.

• Location: http://eur-lex.europa.eu./en/index.htmSimple search: natural number > Directive >Enter the year: 2000, enter the number: 29, > search. For consolidated versions: >Bibliographic

Directive 2000/29/EC

search. For consolidated versions: >Bibliographic notice, > consolidated versions. Current version is: 2010-01-13.

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Short overview 2000/29/EC Structure

•‘Articles’ give the main structure to all of the legislation.

•‘Annexes’ list the harmful organisms subject to controls. How these are to be controlled and the plants and plant produce controlled. The annexes cover the details which are produce controlled. The annexes cover the details which are often amended the Commission (GD Sanco) and its Standing Committee on Plant Health and Commission Working Groups.

•Article 2 is important for an exporter of plants and plant products to the EU. It gives the definitions used for this directive and should be studied carefully.

The following structure is used in the Annexes

Annex I and II : Part A is relevant for all MS and Part B is relevant only for certain protected zones within the EU.

Section I: Harmful organisms not known to occur in any part of the community.

Short overview 2000/29/EC The Annexes

community.

Section II: Harmful organisms known to occur in the Community and relevant for the entire community.

Annex I deals with harmful organisms whose introduction and spread within all MS shall be banned.

Annex II deals with harmful organisms whose entry shall be banned if they are present on certain plants or plant products.

Part A Harmful organisms whose introduction into, and spread within, all Member States shall be banned.

EU PLANT HEALTH DIRECTIVE 2000/29/EC

ANNEX I

Section I Harmful organisms not known to occur in any part of the Community and relevant for the entire Community.

Anoplophora chinensis

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Thrips palmi Liriomyza sativae

Diabrotica undecimpunctata

EU PLANT HEALTH DIRECTIVE 2000/29/EC

ANNEX II

Part A Harmful organisms whose introduction into, and spread within, all Member States shall be banned if they are present on certain plants or plant products.

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Section I Harmful organisms not known to occur in the Community and relevant for the entire Community.

Agrilus planipennis

Stegophora ulmea

Citrus mosaic virus

• 1.1. Agrilus planipennis Fairmaire• Plants intended for planting, other than

plants in tissue culture and seeds, wood and bark of Fraxinus L., Juglansmandshurica Maxim., Ulmus davidianaPlanch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc.,

• 6. Citrus mosaic virus • Plants of Citrus L., Fortunella

Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

• 14.1. Stegophora ulmea (Schweinitz: Fries) Sydow & Sydow

• Plants of Ulmus L. and Zelkova L., intended for planting, other than seeds

EU PLANT HEALTH DIRECTIVE 2000/29/EC

ANNEX I

Part A Harmful organisms whose introduction into, and spread within, all Member States shall be banned.

Section II Harmful organisms known to occur in the

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Section II Harmful organisms known to occur in the Community and relevant for the entire Community.

Globodera pallidaGlobodera pallida

Diabrotica virgifera virgifera

Clavibacter michiganensis

EU PLANT HEALTH DIRECTIVE 2000/29/EC

ANNEX II

Part A Harmful organisms whose introduction into, and spread within, all Member States shall be banned if they are present on certain plants or plant products.

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Section II Harmful organisms known to occur in the Community and relevant for the entire Community.

Tomato Yellow Leaf Curl Virus

Liriomyza huidobrensis

Tomato Yellow Leaf Curl Virus

Helicoverpa armigera

• 6.2. Helicoverpa armigera (Hübner) • Plants of Dendranthema (DC.) Des

Moul,• Dianthus L., Pelargonium l'Hérit. ex Ait.

and• of the family Solanaceae, intended for

• 8. Liriomyza huidobrensis(Blanchard)

• Cut flowers, leafy vegetables of Apium

• graveolens L. and plants of herbaceous• of the family Solanaceae, intended for

planting, other than seeds•• 16. Tomato yellow leaf curl virus • Plants of Lycopersicon lycopersicum

(L.)• Karsten ex Farw., intended for

planting, other than seeds

• species, intended for planting, other than:

• — bulbs,• — corms,• — plants of the family Gramineae,• — rhizomes,• — seeds

Annex III: Part A: Plants, plant products and other objects, the introduction of which shall be prohibited in all MS. Part B: the same as for A but only for certain protected zones.

Annex IV: Part A: Special requirements which must be laid down by all MS for the introduction and movement of plants, plant products and other objects into and within all MS.other objects into and within all MS.

Section I: objects originating outside the Community.Section II: objects originating in the Community.

Part B: the same as for A but only for the introduction into and within certain protected zones.

Annex V: Plants, plant products and other objects which must be subject to a plant health inspection (at the place of production if originating in the Community, before being moved within the Community – in the country of origin or the consignor country, if originating outside the community) before being permitted to enter or moved within the Community.

Part A: objects originating in the Community:Section I: Plants, plant products and other objects which are potential carriers of harmful organisms of relevance for the entire Community and which must be accompanied by a plant passport.

Section II: Plants, plant products and other objects which are potential carriers of harmful organisms of relevance for certain protected zones, and which must be accompanied by a plant passport valid for the appropriate zone when introduced into or moved within that zone.

Part B: Plants, plant products and other objects originating in territories, other than those territories referred to in part A.

Section I: Plants, plant products and other objects which are potential carriers of harmful organisms of relevance for the entire Community.

Section II: Plants, plant products and other objects which are potential carriers of harmful organisms of relevance for certain protective zones.

The requirements for a Phytosanitary Certificate (PC) are given in Article 13.1,(ii).

There might be reason to look for derogations (art.15.1), cases of equivalency (art.15.2) or for emergency measures adopted in accordance with art. 16.

Annex VIIIa The standard fee referred to in Article 13d(2) shall be set at the following levels.

Comment: these fees have not been updated for many years and they do not cover the actual cost for the import control.control.

Note that MS may also set the level of the phytosanitary fee on the basis of a detailed cost calculation to cover all the costs occasioned with the documentary checks, identity checks and plant health checks provided for in this Directive in Article 13a(1)

•Not known to occur: means there are no scientific records of occurrence of the organism in question

•Known not to occur: there are scientific based surveys which indicate the freedom of the organism in question

Understanding some expressions in the Directive 2000/29/EC

•Reference to Article 18(2) means that a decision could be taken by the Standing Committee on Plant Health of the Commission, for instance on a procedure or measure.

•Protected zones are defined in Article 2(h) and the actual status for the different protected zones is given in COM Regulation 690/2008

•Plant passport is defined in Article 2(f) and COM Dir 92/105/EC amended by COM Dir 2005/17/EC.

•The internal market was established in the EU in 1993 but it is not easy, there are now 27 MS with great differences in their phytosanitary status.

•The internal market meant abolishing all plant health border

Plant Passports and Protected Zones in the EU

•The internal market meant abolishing all plant health border inspections between MS. To avoid the general spread of harmful organisms between MS, the major new measures taken was to move plant health inspections to the places of production and establish the plant passport system

•MS were given the right to achieve a higher level of protection through establishing protected zones.

• The plant passport is an official label, it contains internal EU plant health information and is a certification system –(There is also an accompanying document).

• Why describe the EU plant passport when discussing imports to the EU? All material indicated in Annex V B

Plant Passports

imports to the EU? All material indicated in Annex V B needs an EU plant passport after it’s been through border inspection. This is indicated in COM Dir 92/105/EC. Exporters must therefore, provide all relevant information along with the consignment.

The label shall have the following information :

1. EC- plant passport. 2. Member state code (SE for Sweden, UK for UK and FR for France etc). 3. Responsible official body. 4. Producers registration number. 4. Producers registration number. 5.Individual serial, or week or batch number. 6. Botanical name. 7. Quantity. 8. ZP indicating the territorial validity of the pass port, and, where appropriate the name of the protected zone.9. Marking ‘RP’ in case of replacement of a plant passport.10. Where appropriate, name of the country of origin or consignor country, for third country products.

Specific additional controls for certain harmful organisms present in the Community or only a risk for restricted areas of the Community;

Two distinctive types of zones • Differences in ecological conditions (localised crops);

Protected Zones in the EU

• Differences in ecological conditions (localised crops);• Differences in distribution of certain pests;

•MS are required to send in yearly reports to the Commission on their findings during the surveys. They are obliged to act according to Commission Dir 92/70/EEC.

Protected Zones in the EU

•These reports are discussed at the Standing Committee on Plant Health and decisions lead to amendments in the Regulation (EC) No 690/2008.

Examples of Protected Zone PestsAnnex I Part B

• Globodera pallida (Also I A II)

• (Sugar) Beet necrotic yellow vein virus (Rhizomania)

• Tomato spotted wilt virus (Also II A II)

• Leptinotarsa decemlineata

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• All are present in parts of the EU

Provisions to rapidly introduce measures to protect the Community against the introduction of newly emerging harmful organisms.

Article 16 deals with these issues. MS are must first notify the

Emergency Measures

Article 16 deals with these issues. MS are must first notify the Commission and MS if some of the listed organisms in the relevant parts of Annexes I and II are found in their territory and they must take action to eradicate or inhibit their spread.

MS can also, if they deem it necessary, take national legal actions for the eradication, avoidance of spreading or even introduction of a new harmful organism.

Kroeker Phytosanitary Consulting

• The legislation relating to EU import controls can be found in the Council Directive 2000/29/EC.

• The articles are the main structure of the legislation while the Annexes provide the detailed lists of harmful organisms that are

Summary

Annexes provide the detailed lists of harmful organisms that are subject to amendments.

• The Directive deals with both imports to the EU and internal movement of plants and plant products between and within MS.

• Plant passports and strict inspections at places of production were initiated to avoid the spread of pests upon the introduction of the single market.