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System of import, export and movement of plants

Original Language Title: Regeling invoer, uitvoer en verkeer van planten

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System of import, export and movement of plants

The Secretary of State for Agriculture, Nature Management and Fisheries,

Having regard to Article 2 of the Plant Health Act and on Article 14 , introductory wording and part d, of the Decision to combat harmful organisms 1991;

Having regard to Directive 77 /93/EEC -of the Council of the European Communities of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ 1977 L 26) and the directives based thereon;

Having regard to the opinions of the Agriculture Committee, the Main Product for AkkerConstruction Products, the Ornamental Products and the Fruit and Vegetable Product,

Decision:


Paragraph 1. General Provisions

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Article 1

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For the purposes of this arrangement:

Directive 2000 /29/EC :

Council Directive of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (PbEG L 169);

Directive 92 /90/EEC :

Directive of the Commission of the European Communities of 3 November 1992 laying down the obligations of producers and importers of plants, plant products or other objects, and detailed rules on registration (PbEG) L 344);

Directive 92 /105/EEC :

Directive of the European Communities of 3 December 1992 standardizing plant passports for the circulation of certain plants, plant products or other objects in the Community; and laying down detailed rules for the issue of such passports and the conditions and detailed rules for their replacement (PbEG L 4);

Regulation 690/2008 :

Commission Regulation (EC) No 690/2008 of 4 July 2008 on the recognition of protected zones in the Community where special plant risks exist (PbEU L 193).

Directive 2008 /61/EC :

Commission Directive 2008 /61/EC of 17 June 2008 laying down the conditions under which certain harmful organisms, plants, plant products and other harmful organisms listed in Annexes I to V of Council Directive 2000 /29/EC Materials for experiments or scientific purposes and for selection work in the Community, or in certain protected areas thereof, may be introduced into or transferred to another place (PbEU L 158).

Directive 2004 /103/EC :

Directive 2004 /103/EC of the Commission of 7 October 2004 on identity checks and plant health checks of the species listed in Annex V, Part B, to be carried out on the basis of a Directive No 2000 /29/EC plants, plant products and other materials which may be exported at a place other than the place of introduction into the Community or at a close and until the end of identification of the requirements relating to such checks (PbEU L 313);

Customs Code of the Union:

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (PbEU 2013, L 269);

Consignment :

the quantity of goods which is accompanied by a single document for customs or other formalities, such as a phytosanitary certificate or other document or mark; a consignment may consist of one or more lots;

Putting into circulation :

sell, offer for sale or surrender, as well as export and export to and from Member States;

Freeing :

make available, on the basis of customs provisions, a consignment to the person who has indicated the consignment to the official of import duties and excise duties;

Importer :

Person or legal person entering or entering a consignment, with the exception of transit, or through operations which show that the imported consignment is accepted for the first time;

Transit :

carriage of a consignment between third countries through the territory of one or more Member States;

Manufacturer :

natural or legal person who cultivates plants, manufactures or manufactures vegetable products for the purpose of putting them into circulation;

Trader :

(a) a person or a legal person who, on a professional basis, is a party of plants or plant products in a number of lots or joins lots of plants or plant products, or otherwise carries out operations, thereby causing the health level of the plants or plants to be amend the plants or plant products;

Commercial copper :

natural or legal person who trade or supplies plants or plant products to the consumer;

protected zone :

territory of the European Communities as referred to in Article 2, first paragraph, point (h), of Directive 2000 /29/EC and listed in Regulation 690/2008;

Member State :

the State of the European Communities, excluding the French Overseas Departments and the Canary Islands, Ceuta and Melilla;

third country :

is not part of the European Communities, and the French overseas departments, the Canary Islands, Ceuta and Melilla;

Other materials :

products, other than plants or plant products, which may be carriers of harmful organisms;

Plant passport :

label, as referred to in Article 2, first paragraph, part f, of Directive 2000 /29/EC ;

Phytosanitary certificate :

Certificate as set out in Annex VII A to Directive 2000 /29/EC included model;

Phytosanitary certificate for re-export :

Certificate in accordance with Annex VIIB to Directive 2000 /29/EC included model;

official statement or declaration :

A statement made by a representative of the official plant protection department or by a representative of an institution operating under the responsibility of that service.

Plants intended for planting:

plants which have already been planted and are intended to remain planted or replanted after they have been introduced, or plants which have not yet been planted at the time of introduction, but which are intended to be planted afterwards;

Point of entry:

place where plants, plant products or other objects are introduced into the customs territory of the Community for the first time: the airport in the case of air transport, the port in the case of sea or inland waterway, the railway station in the case of rail transport and, in all other cases, the place where the customs office is situated responsible for the area where the external border of the Community has been exceeded;

Commission:

Commission of the European Communities.


Article 2

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  • 1 It shall be prohibited to put into circulation or import plants, plant products or other objects from third countries, unless the provisions of the Articles 4 to 13 and 16 .

  • 2 the Minister may waive the provisions of the first paragraph. Rules may be attached to the exemption. It may be subject to restrictions.

  • The Minister may, upon application, waive the provisions of the first paragraph for experiments, scientific purposes or selection work. A derogation shall be granted only if the provisions of Directive 2008 /61/EC have been complied with.


Article 2a

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On small quantities of plants, plant products, foodstuffs or feed, where related to plants or plant products, and other materials, intended for use by the owner or recipient for non-industrial and not commercial or for consumption during transport, provided that there is no risk of harmful organism spreading in the European Union, does not apply to the Articles 4, first paragraph, part d , 4, second paragraph , 5, second paragraph, part c , 5, third member , 9 , 10, first paragraph, part b , 11, 1st Member , where reference is made to the Articles 5, part c , 12 and 13 .


Article 3

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The Articles 4 to: 20 in so far as is not specified otherwise, for wood:

  • a. Only if, in whole or in part, it has retained its natural round surface, with or without bark, or has the form of slices, chips, small pieces, sawdust, residues and waste of wood,

  • b. In the form of a propellant, intermediate bulkheads, pallets or packing material used in the transport of objects of all kinds, provided that the wood is a hazard from a plant disease point of view.


Section 2. Rates relating to the placing on the market of plants.

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Article 4

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  • 1 Plants, plant products or other objects which are placed on the market must:

    • a. Free from harmful organisms listed in Annex I, Part A, to: Directive 2000 /29/EC ;

    • b. as referred to in Annex II, Part A, to: Directive 2000 /29/EC free from the harmful organisms listed in that part of that Annex;

    • (c) be free from harmful organisms to the extent that they present an acute hazard to plants or plant products;

    • (d) meet the special requirements laid down in Annex IV, Part A, Section II, to: Directive 2000 /29/EC , which are mentioned in that part of that Annex.

  • 2 On plants, plant products or other objects listed in Annex V, Part A, to: Directive No 2000 /29/EC ' and seed referred to in Annex IV to: Directive No 2000 /29/EC or on the packaging or the means of transport with which they are carried, which are brought into circulation for professional purposes, except on local traffic, a plant passport has been issued.

  • 3 The term "local traffic referred to in paragraph 2" shall mean the movement by the person, who is not involved in the production of plants, by virtue of his or her occupation or business, of Castanea Mill and wood, whether or not the wood is the natural round surface has not retained, from Platanus L to the final consumer, which, by virtue of his profession or company, is not involved in the production of plants either.


Article 5

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  • 1 The plants, plant products or other objects listed in Annex III, Part B, shall be prohibited. Directive 2000 /29/EC to place in the protected areas referred to in that Annex, where they originate in the countries referred to in that Annex.

  • 2 Without prejudice to the requirements, mentioned in: Article 4 only plants, plant products or other objects which are placed in a protected zone shall be put into circulation that:

  • 3 In the case of plants, plant products or other objects listed in Annex V, Part A, to Directive No 2000 /29/EC ' and seed referred to in Annex IV to: Directive No 2000 /29/EC A plant passport shall be introduced for use in a protected zone or on the packaging or means of transport with which they are carried.

  • 4 By way of derogation from the third paragraph, plants, plant products or other objects may be transported outside that zone through a protected zone outside that zone without a plant passport for the protected area concerned, if comply with the following requirements:

    • a. The packaging used, or the vehicle in which it is transported, plant products or other materials, must be clean and free from harmful organisms, mentioned in the relevant protected zone in Directive 92 /76/EEC , and must be such that there is no risk of spreading these harmful organisms;

    • (b) as soon as these plants, plant products or other objects are packed, the packaging, or the vehicle in which they are carried, must be closed in accordance with strict phytosanitary standards and in the pleasure of the Minister in such a way as to ensure that they are transported. transport through the protected area concerned remains closed, that there is no risk of the spread of harmful organisms in the protected area concerned and their identity is guaranteed and

    • (c) the plants, plant products or other objects must be accompanied by a document normally used in trade stating that the products are not originating in the protected zone concerned and a destination have outside that protected area.


Article 5a

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Bacterial fire host plants shall comply only with the special requirements specified in: Article 5, second paragraph, part c , if they have been appointed by the Minister and are grown in areas designated by him.


Article 6

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  • 1 A plant passport is issued by the Minister if, after thorough examination of plants, plant products or other materials listed in Annex V, Part A, at Directive No 2000 /29/EC ' and seed referred to in Annex IV to: Directive No 2000 /29/EC , and their packaging, in whole or in part on the basis of a representative sample and, if necessary, to the means of transport used, it has been found that the plants, plant products or other objects listed in Annex V, Part A, shall be used Directive No 2000 /29/EC ' and seed referred to in Annex IV to: Directive No 2000 /29/EC :

    • a. have not been affected by the Annex I, Part A, Section II, to Directive 2000 /29/EC the harmful organisms listed;

    • b. as referred to in Annex II, Part A, Section II, to Directive 2000 /29/EC have not been affected by the harmful organisms referred to in that part of that Annex;

    • (c) comply with the special requirements laid down in Section II of Part A of Annex IV to Directive 2000 /29/EC , which are mentioned in that part of that Annex.

  • 2 Without prejudice to the first paragraph, the issue of a plant passport for seed may be waived in accordance with a decision taken by the Commission.

  • 3 A plant passport shall not be issued if the examination provided for in paragraph 1 shows that the plants, plant products or other objects:

    • a. Impaired by the Annex I, Part A, Section I, to Directive 2000 /29/EC harmful organisms, or

    • b. as referred to in Annex II, Part A, Section I, to Directive 2000 /29/EC , affected by the harmful organisms referred to in that part of that Annex.

  • 4 With regard to protected areas, the first and second paragraphs shall apply mutatis mutandis, provided that the examination has also shown that the plants and plant products or other materials comply with the requirements, set in Article 5, second paragraph .

  • 5 Where the examination of plants, plant products or other objects reveals that a part of the plants or plant products grown, produced, produced or used by the producer or otherwise present on his premises a part of the growing medium used on the holding cannot constitute a danger of spreading harmful organisms, by way of derogation from the first and second paragraphs, only for that part of the plant passport.

  • 6 An examination as referred to in paragraph 1 shall be made only to the natural or legal person, who shall be in the official register, as referred to in Article 2 (1). Article 18 It's included.

  • 7 By way of derogation from the second paragraph, for plants, plant products or other objects for which a derogation is granted in the Article 2 (3) , granted, a plant passport shall be issued if, subject to the subject of the derogation, the plants, plant products or other objects comply with the provisions of the first paragraph. The plant passport is mentioned: This material is transferred to another site under Directive 2008 /61/EC.


Article 7

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  • 1 A plant passport as intended Article 6 consists of a label and an accompanying document, to which the data, as set out in the Annex of Directive 92 /105/EEC , where at least the minimum number of points 1 to 5 and the accompanying document shown in points 1 to 10 of the Annex to the Annex are given on the label, Directive 92 /105/EEC said data are indicated, but only a label, provided that all the information in points 1 to 10 of the Annex to this Regulation is included in the Annex to this Regulation. Directive 92 /105/EEC said data are listed.

  • 2 A plant passport must be drawn up in one of the official languages of the European Communities.

  • 3 A plant passport is valid only if the requirements laid down in Article 1 (2) (a) and (c), (2) (2), (2) and (3), second paragraph, of Directive 92 /105/EEC .

  • 4 A plant passport may be replaced by another plant passport in accordance with the provisions of Article 10, third paragraph, of Directive 2000 /29/EC .

  • 5 A plant passport is created, printed, or subsequently preserved by the Dutch Food and Warenes Authority, a body designated by the Minister or by a registered producer, trader or importer in writing. Permission from the Minister has been obtained.

  • 6 A producer, trader or importer, obtained in accordance with the fifth paragraph, may use the plant passport when the plant passport has been issued in accordance with Article 6, first paragraph , if the said producer, trader or importer has received written permission from the Minister.


Article 8

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Commercial purchasers of plants, plant products or other objects shall, as end-users involved in plant production by virtue of their occupation, keep the relevant plant passports at least one year and indicate the reference data in their records.


Article 9

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Before seed, listed in Annex IV, Part A, Section II, before: Directive 2000 /29/EC The Netherlands Food and Warsaw Authority or an institution operating under its responsibility shall carry out an investigation in order to ensure that the seed fulfils the special requirements which they require. relate and appear in that part of that Annex.


Paragraph 3. Rules for imports and exports to and from third countries

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Article 10

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  • 1 Plants, plant products or other objects may be imported from third countries only if they comply with:

  • 2 It shall be prohibited to keep plants, plant products or other objects listed in Annex III, Part A, to Directive 2000 /29/EC to be imported from third countries, where they originate in the countries referred to above.

  • 3 The second paragraph shall not apply to transit, to the extent that there is no risk of spreading harmful organisms.

  • 4 The first and second members shall apply mutatis mutandis to wood, in the form of propellant material, suspenders, pallets or packing material actually used in the transport of objects of all kinds.


Article 11

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  • 1 In protected zones, only those plants, plant products or other objects may be imported from third countries, which meet the requirements, mentioned in Article 5, second paragraph .


Article 12

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  • 1 Without prejudice to the first paragraph of Article 134 of the Union Customs Code, plants, plant products or other objects, originating in a third country, and listed in Annex V, Part B, shall be taken into account. Directive No 2000 /29/EC under one of the customs procedures referred to in Article 5 (16), paragraphs (a) and (b) of the Union Customs Code, if they comply with the following conditions:

    • (a) plants, plant products or other objects, as evidenced by research, not contaminated by Annex I, Part A, to Directive No Other harmful organisms listed in 2000 /29/EC,

    • (b) plants and plant products are not, according to the investigation, contaminated by Annex II, Part A, to Directive No 3. Other harmful organisms listed in 2000 /29/EC,

    • (c) the plants, plant products or other objects, according to research, satisfy the requirements of Annex IV, Part A;

    • d. enter the plants, plant products or other objects, according to research, accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export as intended Article 13

  • 2 If the consignment is intended for a protected area, the first paragraph shall apply mutatis mutandis subject to the understanding that the investigation shall also focus on the provisions of Part B of Annexes I, II and IV to Directive 2000 /29/EC Harmful organisms and special requirements.

  • 4 The checks of the documents referred to in paragraph 1 (d) shall be settled at the point of entry.

  • 5 The identity checks and plant health checks referred to in paragraphs a to c and the second paragraph shall be carried out at the point of entry or at another close place situated by the customs authorities of the Member State. and has been recognised by the Minister in accordance with Directive No 2004 /103/EC .

  • 6 By way of derogation from the fifth paragraph, identity checks and plant health checks referred to in paragraph 1 (a) to (c) and the second paragraph may be carried out at the place of destination provided by the customs authorities. and has been recognised by the Minister in accordance with Directive No 2004 /103/EC .

  • 7 By way of derogation from the fifth paragraph, in the case of transit of non-Community goods the checks on identity and plant health checks referred to in paragraphs 1 to c and the second paragraph may be carried out in respect of transit operations of non-Community goods. carried out in accordance with Article 13c (c) of Directive No 2000 /29/EC and according to Directive No 2004 /103/EC .

  • 8 The Secretary of State shall recognize the place referred to in the fifth to seventh members.

  • 9 An application for recognition shall be submitted to the Netherlands Food and Warenauthority.

  • 10 The consignment is gathered at the site of research and clearly separated from other plants and kept the soil until the Minister has stated in writing that this is no longer required.

  • 11 Without prejudice to paragraph 1 (d), this Article shall also apply to plants, plant products or other objects, originating in a third country, and listed in Annex V, Part B, to Directive No 2000 /29/EC which shall be placed under one of the customs authorities referred to in Article 4 (b), (c), (d) and (e) or under one of the customs procedures referred to in Article 4 (16), points (b) and (c) of the Community Customs Code, if there is a risk of spreading harmful organisms.

  • 12 By way of derogation from paragraph 1, for a part of the consignments, the release of the release referred to in the 10th paragraph may be issued to third countries after the execution of an investigation, in accordance with a decision taken by the Commission. in the first paragraph, point (d).

  • 13 This Article shall not apply to transit and introduction into the Community of plants, plant products or other objects transferred without any alteration to their customs status through the territory of a third country from one place in the community to a different place in the Community.


Article 12a

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  • 1 For the purposes of this Article, the following definitions shall apply:

    • a. Implementing Decision 2011 /787/EU: Commission Implementing Decision 2011 /787/EU of 29 November 2011 authorising Member States temporarily to take emergency measures against the spread of Ralstonia solanacearum (Smith) Yabuuchi et al., as regards Egypt (PbEU 2011, L 319);

    • b. harmful organism: Ralstonia solanacearum (Smith) Yabuuchi et al.

  • 2 Knobers of Solanum tuberosum L., other than those intended for planting, originating in Egypt may only be introduced into the European Union if they:

    • a. have been farmed in an area included in the list of pest-free areas referred to in Article 1, second paragraph, of Implementing Decision 2011 /787/EU;

    • b. comply with the requirements of the Annex to Implementing Decision 2011 /787/EU;

    • c. are brought in in Eemshaven, Harlingen, Beverwijk, Amsterdam, Rotterdam or Vlissingen;

    • d. have been inspected for the presence of the harmful organism in accordance with the Annex to Implementing Decision 2013 /413/EU and no signs of any presence of that harmful organism have been found;

    • (e) have a label in an official language of the European Union stating that they come from Egypt, the name of the harmful organism free area, the name and the identification number of the producer and the number of the lot.

  • 3 The waste remaining after the packing and processing into the European Union of tubers of Solanum tuberosum L., other than for planting, originating in Egypt shall be disposed of so that the harmful organism is not in the European Union Union may establish or distribute.


Article 12b

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Article 12, first paragraph , shall apply mutatis mutandis to cut flowers of Orchidaceae originating in Thailand, except that the examination provided for in subparagraph (d) shall include the examination or consignment accompanied by a phytosanitary certificate which to the specific requirements of Commission Decision 98 /109/EC of 2 February 1998 authorising Member States to take temporary emergency measures against the spread of Thrips palmias in respect of Thailand Karny.


Article 12c

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The introduction into the European Union of plants other than seeds of Capsicum L., Lagenaria Ser., Luffa Mill., Momordica L. and Solanum L., with the exception of S. lycopersicu L., originating in Ghana, is prohibited.


Article 12d

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  • 1 The introduction and carriage into the European Union of seeds of tomatoes contaminated by pepinomozid virus shall be prohibited.

  • 2 Seeds of tomatoes may only be introduced into the European Union if they:

    • (a) comply with the conditions set out in point 2 of the Annex to Commission Decision 2004 /200/EC of 27 February 2004 on measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus (PbEU 2004, L 64), and

    • b. In the case of entry into the European Union, in accordance with Article 13 (1) (i) of Directive 2000 /29/EC, the pepinomozid virus has been checked and found free of that.

  • 3 Seeds of tomatoes originating in the European Union may be transported in the European Union only if they comply with the conditions set out in point 2 of the Annex to Commission Decision 2004 /200/EC of 27 February 2004 on measures to be taken to prevent the introduction into and the spread within the Community of Pepino mosaic virus (PbEU 2004, L 64).

  • 4 The third paragraph shall not apply to the carriage of seeds intended for sale to final consumers who are not professional producers, provided that the packaging of the seeds or other indications clearly indicates that they are they are intended for sale to consumers.


Article 12th

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  • 1 For the purposes of this Article, the following definitions shall apply:

    • a. Implementing Decision 2013 /413/EU: Commission Implementing Decision 2013 /413/EU of 30 July 2013 authorising Member States to derogate from certain provisions of Directive 2000 /29/EC for potatoes from the regions of Akkar and Bekaa in Lebanon other than potatoes intended for planting of the Council (PbEU 2013, L 205);

    • b. harmful organism: Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.

  • 2 Knobers of Solanum tuberosum L., other than those intended for planting, from the regions of Akkar and Bekaa in Lebanon, may only be introduced into the European Union if they:

    • (a) comply with the requirements of the Annex to Implementing Decision 2013 /413/EU;

    • (b) be provided with a phytosanitary certificate which complies with the requirements set out in Article 2 of Implementing Decision 2013 /413/EU;

    • c. are brought in in Eemshaven, Harlingen, Beverwijk, Amsterdam, Rotterdam and Vlissingen;

    • d. have been inspected for the presence of the harmful organism in accordance with Article 4 of Implementing Decision 2013 /413/EU and no signs of any presence of that harmful organism have been found;

    • e. shall bear a label complying with the requirements set out in Article 6 of Implementing Decision 2013 /413/EU.

  • 3 An importer shall, in accordance with Article 8 of Implementing Decision 2013 /413/EU, submit to the responsible official body of the place of entry sufficiently in advance of its intention to tubers of Solanum tuberosum L., other than intended for planting from the regions of Akkar and Bekaa in Lebanon.

  • 4 Wastes remaining after packing and processing in the European Union of tubers of Solanum tuberosum L., other than for planting, originating in the regions of Akkar and Bekaa in Lebanon shall be disposed of so as to ensure that the harmful organism is shall not establish or distribute in the European Union.


Article 12f

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  • 1 Without prejudice to Article 1, for the purposes of this Article, the following definitions shall apply:

    a. The harmful organism:

    Phytophthora ramorum Werres, De Cock & Man in ' t Veld sp. nov.;

    b. susceptible plants:

    plants, other than fruits and seeds, of Acer macrophyllum Pursh, Acer pseudoplatanus L., Adiantum aleuticum (Rupr.) Paris, Adiantum jordanii C. Muell., Aesculus californica (Spach) Nutt., Aesculus hippocastanum L., Arbutus menziesii Pursch., Arbutus unedo L., Arctostaphylos spp. Adans, Calluna vulgaris (L) Hull, Camellia spp. L., Castanea sativa Mill., Fagus sylvatica L., Frangula californica (Eschsch.) Gray, Frangula purshiana (DC.) Cooper, Fraxinus excelsior L., Griselinia littoralis (Raoul), Hamamelis virginiana L., Heteromeles arbutifolia (Lindley) M. Roemer, Kalmia latifolia L., Laurus nobilis L., Leucothoe spp. D. Don, Lithocarpus densiflorus (Hook. & Arn.) Rehd., Lonicera hispidula (Lindl.) Dougl. ex Torr. &Gray, Magnolia spp. L., Michelia doltsopa Buch. -Ham. ex DC, Nothofagus obliqua (Mirbel) Blume, Osmanthus heterophyllus (G) Don) P. S. Green, Parrotia persica (DC) C.A. Meyer, Photinia x fraseri Dress, Pieris spp. D. Don, Pseudotsuga menziesii (Mirbel) Franco, Quercus spp. L., Rhododendron spp. L., other than Rhododendron simsii Planch., Rosa gymnocarpa Nutt., Salix caprea L., Sequoia sempervirens (Lamb. ex D. Don) Endl., Syringa vulgaris L., Taxus spp. L., Trientalis latifolia (Hook), Umbellularia californica (Hook. & Arn.) Nutt., Vaccinium ovatum Pursh and Viburnum spp. L.

    c. Sensitive wood:

    wood from Acer macrophyllum Pursh, Aesculus californica (Spach) Nutt., Lithocarpus densiflorus (Hook. & Arn.) Rehd., Quercus spp. L. and Taxus brevifolia Nutt.;

    d. sensitive bark:

    separate bark of wood from Acer macrophyllum Pursh, Aesculus californica (Spach) Nutt., Lithocarpus densiflorus (Hook. & Arn.) Rehd., Quercus spp. L. and Taxus brevifolia Nutt.;

    e. Decision No 2002 /757/EC:

    Decision No Commission of the European Communities, 2002 /757/EC of 19 September 2002 on provisional phytosanitary measures for the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ' t Veld sp. nov. to be avoided (PbEG L 252/37).

  • 2 The introduction into the Union and the spread within the Union of non-European or European isolates of the harmful organism shall be prohibited.

  • 3 By way of derogation from the Article 12, first paragraph, point (d) , and 13, first and second members , sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh, free of bark, originating in the United States of America, falling under one of the CN codes and descriptions given in Annex V, Part B, point I. 6. of Directive 2000 /29/EC. the Netherlands shall be introduced without phytosanitary certificate, provided that such wood complies with the conditions set out in the Annex to Commission Implementing Decision 2013 /780/EU of 18 December 2013 derogating from Article 13 (1), (ii) of Council Directive 2000 /29/EC in respect of sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. that is free from bark, originating in the United States of America (PbEU 2013, L 346).

  • 4 Sensitive plants and sensitive wood shall only be introduced into the territory of the Union if they comply with points 1a and 2 of Annex I to Decision No 17. If the formalities provided for in the first paragraph of Article 13, first paragraph, of Directive 2000 /29/EC have been completed and are based on these formalities with regard to the presence of non-European isolates of the European Union, Harmful organism shall be found free from the harmful organism.

  • 5 The provisions of points 1a and 2 of Annex I to Decision No 2002 /757/EC shall apply only to susceptible plants and sensitive wood, originating in the United States of America, which are to be sent to the Union on 1 November 2002.

  • 6 Notwithstanding the fourth paragraph, sawn wood free from bark of Acer macrophyllum Pursh and Quercus spp. L originating in the United States of America are introduced into the Union without complying with point 2 of Annex I to Decision No 2002 /757/EC, provided that it fulfils the conditions set out in Annex II to Decision No 2002 /757/EC.

  • 7 The Annex IV, Part A (I) (3) of Annex IV to Directive No 2000 /29/EC Adopted measures on wood of Quercus L., including wood which has not preserved its natural round surface, originating in the United States of America, shall not apply to sensitive wood of Quercus L. that the requirements set out in point 2 (b) of Annex I to Decision No 2002 /757/EC.

  • 8 Sensitive plants originating in the United States of America shall be transported within the Union only if they are accompanied by a plant passport.

  • 9 With effect from 1 November 2002 planting plants of Viburnum spp., Camellia spp. Rhododendron spp., other than Rhododendron simsii Planch, other than seeds, originating in third countries other than the United States of America, after entering into the territory of the Union, only within the Union Transported if they are accompanied by a plant passport.

  • 10 Sensitive bark originating in the United States of America shall not be authorised in the territory of the Union.

  • 11 Plants intended for planting of Viburnum spp., Camellia spp. and Rhododendron spp., other than Rhododendron simsii Planch, other than seeds, originating in the Union, shall not be put into circulation unless they comply with the conditions set out in point 3 of Annex I to Decision No 2002 /757/EC. The producers of these plants shall be registered in accordance with § 4.


Article 12g

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  • 1 The introduction into the European Union of plants, other than seeds and roots, of Colocasia Schott and plants, other than seeds, of Momordica L., Solanum melongena L. and Trichosanthes L., originating in India, shall be prohibited.

  • 2 Article 12, first paragraph , shall apply mutatis mutandis to plants other than seeds of Mangifera L., originating in India, except that the examination referred to in Article 12, first paragraph, part d, includes the examination or consignment accompanied by the A phytosanitary certificate, which shall include an indication of the appropriate measures taken to ensure that plants are free from harmful organisms under the heading 'Additional Declaration'.


Article 12h

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  • 1 For the purposes of this Article, implementing Decision 2016/412: Commission Implementing Decision (EU) 2016/412 of 17 March 2016 authorising Member States to derogate temporarily from certain provisions of Directive 2016/412 Council Directive 2000 /29/EC on essandwood originating in or processed in Canada (PbEU 2016, L 74).

  • 2 Wood of Fraxinus L., originating in or processed in Canada, may only be introduced into the European Union if it:

    • a. satisfies the conditions set out in the Annex to Implementing Decision 2016/412 and

    • b. accompanied by a phytosanitary certificate issued in Canada as referred to in Article 2 of Implementing Decision 2016/412.


Article 12i

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  • 1 Without prejudice Article 1 The following definitions shall apply to the following provisions:

    • a. The harmful organism: Anoplophora chinensis (Forster);

    • b. susceptible plants: plants intended for planting, with a strain or root diameter of at least 1 cm in the thickest point, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp. and Ulmus spp.;

    • c. Implementing Decision No 2012 /138/EU: implementing Decision No Commission Decision 2012 /138/EU of 1 March 2012 on the adoption of emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster) (PbEU 2012 L 64);

    • Demarcated areas: in the European Union, in accordance with Article 6 of Implementing Decision No 2012 /138/EU, established infected zones and buffer zones.

  • 2 Susceptible plants coming from third countries, with the exception of susceptible plants originating in China, which is known to prevent the harmful organism, shall only be introduced into the Community if:

    • (a) comply with the specific import requirements set out in Annex I, Section 1 (A) (1) of Implementing Decision No 2012 /138/EU; and

    • b. They, without prejudice to Article 12 , on entry into the Community in accordance with Annex I (1) (A) (2), by implementing Decision No 2012 /138/EU shall be inspected for the presence of the harmful organism and no signs of presence of that harmful organism have been found.

  • 3 Plants for planting of Acer spp., excluding seeds thereof, originating in China may, up to and including the date referred to in the first subparagraph of Article 3 (2) of Implementing Decision No 2012 /138/EU not introduced into the Community.

  • 4 Without prejudice to the third paragraph, susceptible plants originating in China may only be introduced into the Community if:

    • (a) comply with the specific import requirements set out in Annex I, Section 1 (B) (1) to Implementing Decision No 2012 /138/EU,

    • (b) without prejudice to Article 12, upon entry into the Community in accordance with Annex I (1) (B) (2) to Implementing Decision No 2012 /138/EU shall be inspected for the presence of the harmful organism and no signs of any presence of that harmful organism have been found; and

    • (c) comply with Article 3 (c) of Implementing Decision No 2012 /138/EU.

  • 5 Sensitive plants, originating in demarcated areas, may only be moved within the European Union if they fulfil the conditions set out in point 1 of Section 2 of Annex I to Implementing Decision No 5. 2012 /138/EU.

  • 6 Sensitive plants, not originating in demarcated areas, but introduced into a demarcated area, may only be moved within the European Union if they comply with the conditions set out in point 2 of Section 2 of Annex I of implementing Decision No 2012 /138/EU.

  • 7 Sensitive plants imported in accordance with paragraph 2, from third countries known to be the occurrence of the harmful organism, may only be transported within the European Union if they fulfil the conditions of point 3 of this Regulation. Section 2 of Annex I to Implementing Decision No 2012 /138/EU.


Article 12j

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  • 1 Without prejudice Article 1 For the purposes of this Article, the following definitions shall apply:

    • a. The harmful organism: Anoplophora glabripennis (Motschulsky);

    • b. susceptible plants: plants intended for planting, with a stem diameter of at least 1 cm at the thickest point, other than seeds, of Acer spp., Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Cercidiphyllum spp., Corylus spp., Fagus spp., Fraxinus spp., Koelreuteria spp., Platanus spp., Populus spp., Salix spp. Tilia spp. and Ulmus spp.;

    • c. Implementing Decision No 2015 /893/EU: Implementing Decision No 2015 /893/EU of the Commission of 9 June 2015 on measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky) (PbEU 2015, L 146);

    • d. Wood packaging material: packaging material obtained in whole or in part from the susceptible plants;

    • e. Wood: wood, wholly or partly obtained from the susceptible plants, which complies with Article 1 (b) of Implementing Decision No 2015 /893/EU.

  • 2 Susceptible plants coming from third countries known to be harmful to the harmful organism may only be introduced into the European Union if:

    • (a) comply with the specific import requirements set out in Annex II, Section 1 (A) (1), by implementing Decision No 2015 /893/EU, and

    • (b) without prejudice to Article 12, on entry into the European Union, in accordance with point 1 (A) (2) of Annex II to Implementing Decision No 2015 /893/EU shall be inspected for the presence of the harmful organism and no signs of any presence of that harmful organism have been found.

  • 3 Wood originating in third countries where the harmful organism is known to be present, may only be introduced into the European Union if:

    • (a) it complies with the specific import requirements set out in Annex II, Section 1, point B (1) and (2) of the implementing Decision No (d) 2015 /893/EU; and

    • b. Without prejudice to Article 12, on entry into the European Union in accordance with Annex II, Section 1, point B (3) of Implementing Decision No 2015 /893/EU shall be inspected for the presence of the harmful organism and no signs of any presence of that harmful organism have been found.

  • 4 Sensitive plants originating in a Member State originating in a Member State in accordance with Article 7 of Implementing Decision No 4. Article 5 (2) (a) (1) of Annex II to Regulation (EC) No 208/89 should be limited to the territory of the Member State in which the territory of the Member States is to be used. 2015 /893/EU.

  • 5 Susceptible Plants in a accordance with Article 7 of Implementing Decision No Article 2 (A) (2) of Annex II to Implementing Decision No 1/2 of Regulation (EC) No 168/89 should be amended in accordance with Annex I to Regulation (EEC) No 208/89. 2015 /893/EU.

  • 6 Susceptible plants originating in third countries known to be the occurrence of the harmful organism may be transported within the European Union only if they comply with the conditions laid down in Section 2 (A) (3) of Annex II, to be carried out in the European Union. Implementing Decision No 2015 /893/EU.

  • 7 Wood, originating in a Member State in accordance with Article 7 of Implementing Decision No 2015 /893/EU area, may only be transported if it fulfils the conditions set out in Annex II, heading 2 (B) (1) to (3) of the implementing Decision No 2015 /893/EU.

  • 8 Wood which has retained all or part of its natural round surface and that in a accordance with Article 7 of Implementing Decree no. Article 2 (B) (B) (1) and (3) of Annex I to Implementing Decision No 3 of the EC Treaty shall not be subject to the conditions laid down in Annex I to Regulation (EC) No 208/89. 2015 /893/EU.

  • 9 Wooden packaging material, originating in a product in accordance with Article 7 of Implementing Decision No 2015 /893/EU area, may only be transported if it fulfils the conditions laid down in Annex II, item 2 (C), by implementing Decision No 2015 /893/EU.


Article 12k

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  • 1 Without prejudice Article 1 For the purposes of this Article, the following definitions shall apply:

    • a. harmful organism: Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner);

    • b. 2012 /270/EU implementing Decision: Commission Implementing Decision 2012 /270/EU of 16 May 2012 on emergency measures to bring the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) to be prevented (PbEU 2012, L132).

  • 2 It is prohibited to import the harmful organism and to spread within the Netherlands.

  • 3 Knobers of Solanum tuberosum L. originating in third countries where the harmful organism is known to be present, may only be introduced into the European Union if:

    • (a) comply with the specific import requirements set out in point 1 of Section 1 of Annex I to Implementing Decision No 2012 /270/EU and

    • b. Without prejudice to the Articles 12 and 12a , on entry into the European Union, in accordance with point 5 of Section 1 of Annex I to Implementing Decision No 2012 /270/EU have been inspected.

  • 4 Tubers of Solanum tuberosum L. originating in third countries where the harmful organism is known to be present and imported in accordance with the third paragraph may only be transported within the European Union if they comply with the requirements of this Regulation. the conditions set out in point 3 of Section 2 of Annex I to Implementing Decision No 2012 /270/EU.

  • 5 Knobers of Solanum tuberosum L. originating in European Union areas, pursuant to Article 5 of Implementing Decision No 5. 2012 /270/EU has been defined, may only be moved within the European Union if they fulfil the conditions set out in point 1 of Section 2 of Annex I to Implementing Decision No 1. 2012 /270/EU.


Article 12l

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  • For the purposes of this Article, the following definitions shall apply:

    • Implementing Decision No 2012 /697/EU: Commission Implementing Decision 2012 /697/EU of 8 November 2012 as regards measures to prevent the introduction into the Union of the genus Pomacea (Perry) and the spread within the Union (PbEU 2012, L 311).

  • 2 It is prohibited to enter the genus Pomacea (Perry) and to spread within the Netherlands.

  • 3 Plants intended to be planted, other than seeds, which only grow in water or in soil permanently saturated with water, originating in third countries, may only be introduced into the European Union if:

    • (a) comply with the import requirements set out in point 1 of Section 1 of Annex I to Implementing Decision No 2012 /697/EU and

    • b. Without prejudice to the Articles 12 , on entry into the European Union, in accordance with point 2 of Section 1 of Annex I to Implementing Decision No 2012 /697/EU have been inspected.

  • 4 plants intended for planting, other than seeds, which only grow in water or soil that is permanently saturated with water, originating in areas within the European Union which are intended to be grown in accordance with Article 5 of Implementing Decision No 2012 /697/EU should be allowed to circulate only within the European Union if they fulfil the conditions set out in Section 2 of Annex I to Implementing Decision No 2/697/EU of the European Union. 2012 /697/EU.


Article 12m [ Expired by 01-04-2016]

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Article 12n

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Fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids originating in Brazil may be introduced into the European Union only if they comply with the requirements set out in the Annex to Decision 2004 /416/EC of the European Union Commission of 29 April 2004 on emergency measures in respect of certain citrus fruits originating in Brazil (PbEU 2004, L 151), as last amended by Commission Implementing Decision 2013 /67/EU of 29 January 2013, amendment of Decision 2004 /416/EC on temporary emergency measures in respect of certain citrus fruits originating in Brazil (PbEU 2013, L 31).


Article 12o

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  • 1 For the purposes of this Article, the following definitions shall apply:

    • a. CN code: Code as referred to in Annex I to Regulation (EEC) No 2028/EEC: Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (PbEG 1987, L 256),

    • b. Wood packaging material: wooden packaging material as referred to in Article 1 (a) of Commission Implementing Decision 2013 /92/EU of 18 February 2013 on the supervision, plant health checks and the measures to be taken with regard to wood wood Packaging material used for the transport of specific goods originating in China (PbEU 2013, L 47).

  • 2 The wood packaging material of a consignment originating in China imported into the European Union by CN code 2514 00 00, 2515, 2516, 6801 00 00, 6802, 6803 00, 6908 or 7210 shall be covered by one of the customs procedures referred to in Article 5; Sixteenth paragraph, points (a) and (b) of the Union Customs Code, where this packaging material satisfies the requirements of Article 13a (b) (iii) of Directive 2000 /29/EC, as provided for in point (b) (iii) of Directive 2000 /29/EC, Annex IV, Part A, Section I (2) and (8) of Directive 2000 /29/EC.

  • 3 Inspections as referred to in paragraph 2 shall be carried out at the point of entry or at the place of destination approved by the customs authorities and approved by the Minister in accordance with the provisions of Directive No 17. 2004 /103/EC.

  • 4 Airport authorities, port authorities, importers or operators may be required by the Minister to notify, in advance, an imminent arrival of a consignment as referred to in the second paragraph to the customs office of the place of Entry to or from the official body of the point of entry as soon as they are aware of this.

  • 5 If the wood packaging material of a consignment referred to in paragraph 2 is infected with a harmful organism listed in Annex I, Part A, to Directive 2000 /29/EC or does not comply with the requirements set out in Annex IV, Part A, Section I, Under 2 and 8 of Directive 2000 /29/EC, a measure as referred to in Article 13c (7) of Directive 2000 /29/EC shall apply.


Article 12p [ Expired by 01-11-2015]

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Article 12q [ Expired by 01-01-2016]

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Article 12r

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  • 1 Without prejudice Article 1 For the purposes of this Article, the following definitions shall apply:

    • a. harmful organism: Any subspecies of Xylella fastidiosa (Wells et al.);

    • b. Susceptible plants: the plants and all plants intended for planting, other than seeds, of the plants listed in Annex I to Implementing Decision No 2015 /789/EU species or species listed in 2015 /789/EU;

    • c. professional operator: a professional operator as referred to in Article 1 (d) of Implementing Decision No 2015 /789/EU;

    • ed. Implementing Decision No 2015 /789/EU: Implementing Decision No Commission Decision 2015 /789/EU of 18 May 2015 concerning measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (PbEG 2015, L 125);

    • e. Host plants: all plants intended for planting, other than seeds, of the genera and species listed in the Commission's database of host plants susceptible to Xylella fastidiosa, which have been determined to be in the territory of the The European Union may be susceptible to the harmful organism or to the subspecies for which a Member State has established a demarcated area.

  • 2 Susceptible plants shall only be introduced into the territory of the European Union if they comply with Article 16 or Article 17 of Implementing Decision No 2. 2015 /789/EU and thereof, without prejudice to Article 12, on entry into the European Union pursuant to Article 18 of the Implementing Decision No 2015 /789/EU has been officially verified and the harmful organism has not been detected.

  • 3 Susceptible plants grown during at least part of their life in a demarcated area as referred to in Article 4 of the Implementing Decision 2015 /789/EU shall not be transported unless the conditions laid down in Article 9 are fulfilled. of Implementing Decision 2015 /789/EU.

  • 4 The reception and supply of susceptible plants referred to in paragraph 3 and susceptible plants transported by a territory defined in accordance with Article 5 of Implementing Decision 2015 /789/EU shall keep the professional operator a register in accordance with Article 10 of Implementing Decision 2015 /789/EU. The data shall be kept for at least three years.

  • 5 The professional operator shall report the supply and receipt of lots of plants as referred to in Article 10, first and second paragraph, of Implementing Decision No 2015 /789/EU forthwith to the Minister pursuant to Article 10, fourth paragraph, of Implementing Decree no. 2015 /789/EU.

  • 6 Susceptible plants originating in third countries known to be the occurrence of the harmful organism may only be introduced into the European Union if, without prejudice to Article 12, they may enter the European Union in accordance with Article 18 of Implementing Decision No 2015 /789/EU shall be inspected for the presence of the harmful organism and no signs of presence of the harmful organism have been found.

  • 7 The introduction into the European Union of plants of Coffea intended for planting, other than seeds, originating in Costa Rica or Honduras, is prohibited.

  • 8 Plant plants of Coffea, other than seeds, intended for planting, originating in Costa Rica or Honduras, which were introduced into the European Union before the date of entry into force of this Article, may be moved after the Minister has been informed of this.

  • 9 Wearth plants not defined in a demarcated area as referred to in Article 4 of Implementing Decision No 2015 /789/EU may be transported, subject to compliance with the conditions set out in Article 9, eighth paragraph, of Implementing Decree no. 2015 /789/EU.


Article 13

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  • 1 Plants, plant products or other materials originating in a third country and listed in Annex V, Part B, Section I, Directive 2000 /29/EC which are also referred to in Annex IV, Part A, Section I, to: Directive 2000 /29/EC be accompanied by a phytosanitary certificate of that consignment, issued by the official plant protection service of the country of origin, as part of the consignment. The provisions of the first sentence shall not apply:

    • a. In the case of wood, if, in accordance with the special requirements of Annex IV to this Regulation, Directive 2000 /29/EC is sufficient that the wood has been debuned from the bark;

    • (b) in other cases, provided that the special requirements of Annex IV to this Regulation are met in places other than the points of origin, as well as Directive 2000 /29/EC .

  • 2 Plants, plant products or other objects originating in a third country and listed in Annex V, Part B, Section I, Directive 2000 /29/EC to which the provisions of paragraph 1 do not apply must be accompanied, on importation, by a phytosanitary certificate of that consignment, issued by the official plant protection service of the country of origin, but by the official plant protection service of the country of origin.

  • 3 If a consignment referred to in the first or second member in a country other than the country of origin has been exposed to a phytosanitary risk, in the opinion of the official plant protection service of that country, regardless of the fact of the consignment whether the consignment is split, stored or overtaken, the consignment must be accompanied, on importation, by a phytosanitary certificate issued by the official plant protection service of the country of origin or an officially certified copy of the consignment. of that certificate, and of a phytosanitary certificate issued by the official for plant protection of the other country.

  • 4 If a consignment as referred to in paragraph 1 is split, stored or overtaken in a country other than the country of origin and not to a plant health plant in that country in the opinion of the official plant protection service of that country The consignment must be accompanied, on importation, by a phytosanitary certificate issued by the official plant protection service of the country of origin or an official certified copy thereof, or of a certificate of such a kind as to phytosanitary certificate for re-export issued by the official for plant protection of the other country.

  • 5 If a consignment as referred to in paragraph 2 is split, stored or overtaken in a country other than the country of origin and, in that country, considers that the official plant protection service of that country does not have a phytosanitary plant The consignment must be accompanied, on importation, by a phytosanitary certificate issued by the official plant protection service of the country of origin or an official certified copy thereof and of a certificate issued by the Member State of origin of the product concerned. official plant protection service of the other country issued phytosanitary certificate For re-export or for a phytosanitary certificate issued by the official plant protection service of the other country.

  • This Article shall not apply where plants, plant products and other objects are imported from another Member State through a third country to the extent that there is no risk of spreading harmful organisms.


Article 14

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  • 1 The import of harmful organisms listed in Annex I or II to: Directive 2000 /29/EC is prohibited in isolation.

  • 2 The Minister may, upon application, waive the provisions of the first paragraph for experimental purposes or for selection work. A derogation shall be granted only if the provisions of Directive 2008 /61/EC have been complied with.


Article 15

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  • 1 For the purpose of plants and plant products intended for export, a plant health certificate shall be issued by the Minister only if, after examination of the consignment, and the packaging thereof, all or part of the certificate is given to the the means of transport used or to be used for the purposes of the plant health conditions of the country of destination have been found to be of a representative sample and, if necessary, to use the means of transport used or to be used.

  • 2 A phytosanitary certificate for re-export shall be issued by the Minister only if, after examination, it has been established that the phytosanitary import provisions of the country for which the consignment is intended are fulfilled.

  • 3 A certificate referred to in the first or second member shall be issued subject to the condition that the means of transport carrying the consignment contains only consignments which comply with the phytosanitary import requirements of the country of destination as shall be indicated on the certificate issued.


Article 16

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  • 1 A certificate as intended Article 15 must have been drawn up in one of the official languages of the European Communities.

  • 2 A certificate shall not be drawn up earlier than 14 days before the date on which the plants, plant products or other objects concerned have left the third country of issue.

  • 3 A certificate must be made on the basis of an official of the Netherlands Food and Warenauthority, a staff member of an institution operating under the responsibility of the Netherlands Food and Warenauthority, or a public servant of the The customs authorities shall be responsible for customs clearance.


Paragraph 4. Rules relating to registration

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Article 17

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  • 1 A plant passport shall be granted only for the purpose of lots of plants, plant products or other objects listed in Annex V, Part A, to Directive No 2000 /29/EC ' and seed referred to in Annex IV to: Directive No 2000 /29/EC , originating from an importer registered in a register kept by the Minister.

  • 2 Distributors and packers shall include in the register, storage places and dispatch centres, where tubers of Solanum tuberosum L., other than seed potatoes, taken from multiple producers are stored or packaged. First member.

  • 3 Registration takes place where the applicant has complied with the obligations laid down in Article 2, second and third paragraphs, and Article 3 of the Directive 92 /90/EEC .


Article 18

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  • 1 Registration, as provided for in Article 17 The Director shall be sent to the Director by means of a full and truth registration form, which shall be the subject of a duly completed registration form.

  • 2 A registration form may be obtained on request from the Director or the body designated by it.

  • 3 The director or the body designated by that authority shall set up the applicant as intended: Article 17, first paragraph , in addition to the registration in the register, indicating the individual registration number assigned to the applicant.

  • 4 In any case, the register shall specify:

    • a. the individual registration number;

    • (b) the name and nature of the undertaking to which the registration relates;

    • c. the full address of the registered one;

    • d. the conditions or restrictions under which the tender was issued;

    • e. the products to which the registration relates.

    • f. Date of first request.


Article 19

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  • 1 Of any change to the Article 18 (4) These particulars must be communicated by the Director or the body designated by the Director within a period of four weeks after the change has occurred.

  • 2 If it appears that the obligations are mentioned in Article 17, second paragraph The Director may decide that registration is no longer fulfilled. The registration will be passed through. Removal shall not take place after prior warning by, or on behalf of, the Director and after the expiry of a period to be specified, within which the provisions referred to above must be fulfilled.

  • 3 The second paragraph shall also apply where the requirement laid down in paragraph 1 of this Article is not fulfilled.


Paragraph 5. Other provisions

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Article 20

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  • 1 An application for an investigation as referred to in the Articles 6 and 15 must not include at least 24 hours-Saturdays, Sundays, Good Friday and generally recognised public holidays by the exporter or his authorised representative-before the date of the proposed export to the Netherlands Food and Warenes Authority, or any the Minister shall be appointed.

  • 2 The survey referred to in paragraph 1 shall not take place on Saturdays, Sundays, Good Friday and public holidays. The investigation shall be carried out only between 8 a.m. and 5 p.m. on other days. At the place of examination a good lighting must be present, the notified consignment must be easily accessible and the consignment must be presented in a comprehensive manner so that the investigation can be carried out properly; Other for the purpose of assessing the official responsible for the investigation.

    All the requisite documents must also be produced and the requested cooperation and necessary equipment should be provided to the investigating officer.

  • 3 The Minister may, if it considers that a special case exists, derogate from the conditions laid down in paragraphs 1 and 2 under the conditions laid down by the Minister.


Article 20a

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  • 1 The recipient can submit a consignment electronically to the Dutch Food and Warenes Authority for the research, intended Article 12, first paragraph .

  • 3 The offer for examination, referred to in paragraphs 1 and 2, shall be made by means of an electronic system intended for that purpose, by means of access made available by the Minister.

  • 4 The Minister may decide to block the access provided, if the applicant or any company or organisation associated with him has in the past submitted an electronic offer for research in breach of this scheme.

  • 5 The Minister may refuse an electronic offer for examination, if this is not submitted in accordance with this scheme.

  • 6 The Minister may refuse to provide electronically supplied information and documents in so far as the acceptance thereof would result in a disproportionate burden on the Minister.

  • 7 The Minister may refuse an electronically transmitted message to the extent that the reliability or confidentiality of this message is not adequately ensured, having regard to the nature and content of the message and the purpose for which it is to be used.

  • 8 The Minister shall inform the sender as soon as possible of a refusal pursuant to this Article.

  • 9 When an electronic message is received electronically by the Dutch Food and Warenauthority, the time when the message has reached its data processing system is applicable.

  • 10 The Minister may decide not to deal with the electronic research offer if the electronic message has been refused, in whole or in part, on the basis of the fifth, sixth and seventh members. Article 4: 5 of the General Administrative Law Act shall apply mutatis mutandis.


Article 20b

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  • 1 If a consignment is in accordance with Article 20a the Dutch Food and Warenauthority for Research has been offered, the Dutch Food and Warenauthority informs the recipient of the consignment or his authorised representative through the system, referred to in Article 20a, third member. application of Article 12, 11th paragraph -or from the full application of Article 12, first paragraph. The consignee of the consignment or his authorised representative shall submit to the customs authorities for the purposes of the electronic declaration, communication to the customs authorities on the application of Article 12, 11th paragraph.

  • 2 If a consignment is in accordance with Article 20a is offered to NVWA for research and to Article 12, 12th paragraph , application is given, the decision referred to in Article 12, 10th paragraph, shall be published by electronic means.


Article 21

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  • 1 A change of one or more parts of the in Article 1 the said Directives shall apply to the application of the Articles referred to in this Arrangement, which shall refer to those elements, and shall enter into force from the date of implementation of the amending Directive concerned.

  • The Minister shall make a change as referred to in the first article in the Official Journal.


Article 22

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The Import, Export and Transport Scheme of Plants shall be repealed.


Article 23

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  • 1 This arrangement shall enter into force on 1 June 1993.

  • 6 With effect from 1 December 2016 Article 12f, third and sixth member Subject to the numbering of Article 12f, fourth to fifth paragraphs, to third to fourth members and to Article 12f, seventh to eleventh members, fifth to ninth members.

  • 8 This arrangement can be cited as: Scheme imports, exports and movement of plants.

    This arrangement will be set out in the Official Journal.

' s-Gravenhage, 26 May 1993

The

State Secretary

of Agriculture, Nature Management and Fisheries, For these, The

plv Secretary-General

,

M. Brabers