in force 2025-01-05 INSERTED+4,425 −0§
Amended by Regulation (EU) 2024/3115 32024R3115
applies from: unknown (an inserted provision states its own application date only in prose)
Article 42a is a newly inserted provision allowing the Commission to adopt temporary derogations, by implementing acts, from the prohibitions in Article 40 and the special or equivalent requirements in Article 41, and from the acts referred to in Article 42, for plants, plant products or other objects whose phytosanitary risk is not yet fully assessed.
The new provision sets out conditions for granting such derogations, requires yearly reporting by the third country concerned, limits the application period of derogations under paragraph 1 to five years unless renewed, and empowers the Commission to adopt a delegated act on the procedure for granting these derogations.
Cited: Art. 42a, v2
text before / after
inserted text (02016R2031-20250105)
Article 42a Temporary derogations from the prohibitions provided for in Articles 40 and 42, and from the requirements referred to in Article 41 1. By way of derogation from Article 40(1) and Article 41(1), the Commission may, by means of implementing acts, adopt temporary derogations from the prohibition provided for in Article 40(1), and from the special and equivalent requirements referred to in Article 41(2), concerning the introduction into the Union territory of specific plants, plant products and other objects originating from one or more third countries that present a phytosanitary risk which is not yet fully assessed. Those implementing acts shall: (a) set out temporary measures concerning the introduction of those plants, plant products and other objects into the Union territory, in accordance with the principles set out in Section 2 of Annex II; and (b) amend the relevant parts of the implementing acts referred to in Article 40(2) and Article 41(2) by inserting a reference to the derogation concerning the plant, plant product or other object concerned. 2. The temporary derogations referred to in paragraph 1 may be adopted only if the following conditions have been fulfilled: (a) (i) the Commission has received evidence justifying the adoption of temporary derogations with requirements equivalent to, or more stringent than, those referred to in Article 41; or (ii) the third country concerned has submitted to the Commission a request containing official written guarantees for the application in its territory, prior to and at the moment of making the request, of the measures which are necessary for addressing the phytosanitary risk concerned; and (b) an assessment has shown that those plants, plant products or other objects pose a risk that can be reduced to an acceptable level by applying the measures which are necessary to address the phytosanitary risk concerned. 3. The Commission is empowered to adopt a delegated act, in accordance with Article 105, supplementing this Regulation as regards the procedure to be followed in order to grant the temporary derogations referred to in paragraph 1 of this Article. That delegated act shall provide for the following elements of the procedure: (a) the preparation, content and submission of the requests and dossiers by the third countries concerned; (b) the actions to be taken following the reception of those requests and dossiers, including, where appropriate, the consultation of scientific bodies or the consideration of scientific opinions or studies; (c) handling of the requests and dossiers concerning confidentiality and data protection. 4. By way of derogation from Article 42(2), the Commission may, by means of implementing acts, adopt temporary derogations from the acts referred to in Article 42(3) if all of the following conditions are fulfilled: (a) the phytosanitary risk of the high-risk plants, plant products or other objects concerned is not yet fully assessed; (b) a provisional assessment has shown that those plants, plant products or other objects pose a risk that can be reduced to an acceptable level by applying the measures which are necessary to address the phytosanitary risk concerned; (c) no implementing act pursuant to Article 42(4) has yet been adopted as regards the plants, plant products or other objects concerned. Those implementing acts shall set out temporary measures which concern the introduction of those plants, plant products and other objects into the Union and are necessary to reduce the respective phytosanitary risk to an acceptable level. 5. The implementing acts referred to in paragraphs 1 and 4 shall provide for yearly reporting from the third country concerned about the application of the respective temporary measures. In the event that a report leads to the conclusion that the risk concerned is not appropriately addressed by the measures reported on, the act providing for those measures shall be immediately repealed or amended as necessary. 6. The application period of the implementing acts referred to in paragraph 1 shall not be longer than five years. However, that period may be renewed, and the derogation concerned may be subject to amended requirements, if so justified on the basis of an updated assessment. 7. The implementing acts referred to in paragraphs 1 and 4 shall be adopted in accordance with the examination procedure referred to in Article 107(2).