emendrix

Art. 42

Plant Health Regulation · 32016R2031 · every event for this act · on EUR-Lex

Restrictions on the basis of a preliminary assessment for the introduction into the Union territory of high-risk plants, plant products and other objects

1 change recorded across 1 event, newest first.

in force 2025-01-05 MODIFIED+593 −0

Amended by Regulation (EU) 2024/3115 32024R3115

applies from: unchanged

A new paragraph 1a has been added, empowering the Commission to adopt a delegated act, under Article 105, that supplements the Regulation by setting out the procedure for listing high-risk plants, plant products and other objects.

That delegated act is required to cover the preparation of evidence for assessing such high-risk items, the actions to follow upon receipt of that evidence, the assessment procedures, and the handling of dossiers regarding confidentiality and data protection.

No such paragraph existed in the earlier version of Article 42.

Cited: Art. 42, v2 · Art. 42, v1

text before / after

02016R2031-2019121402016R2031-20250105

Article 42 Restrictions on the basis of a preliminary assessment for the introduction into the Union territory of high-risk plants, plant products and other objects 1. A plant, plant product or other object originating in a third country and which is not listed in accordance with Article 40 or not sufficiently covered by the requirements referred to in Article 41 or not subject to the temporary measures of Article 49 and which, on the basis of a preliminary assessment, presents a pest risk of an unacceptable level for the Union territory is a high-risk plant, high-risk plant product or high-risk other object (high-risk plants, plant products or other objects). That preliminary assessment shall take into account, as appropriate for the plant, plant product or other object concerned, the criteria set out in Annex III. 1a. The Commission is empowered to adopt a delegated act, in accordance with Article 105, supplementing this Regulation by setting out the procedure to conduct the listing of high-risk plants, plant products and other objects. That delegated act shall provide for all of the following elements: (a) the preparation of the evidence for the assessment of the high-risk plants, plant products and other objects; (b) the actions to be taken following the receipt of that evidence; (c) the procedures for that assessment; (d) the handling of dossiers concerning confidentiality and data protection. 2. High-risk plants, plant products or other objects listed in the implementing act provided for in paragraph 3 shall not be introduced into the Union territory from the third countries, groups of third countries or specific areas of third countries … 581 unchanged words … be followed in order to carry out the risk assessment referred to in paragraph 4. 7. The implementing acts referred to in paragraphs 3, 4 and 6 shall be adopted in accordance with the examination procedure referred to in Article 107(2).