Version in force , Modified +65 −16§
Amended by Regulation (EU) 2024/3115 32024R3115 on EUR-Lex (external, EUR-Lex)
Explanation, written by a model and checked against the cited text
Point (a) of Article 44(1) now refers to special requirements concerning the introduction into, or movement within, the Union territory of the plants, plant products and other objects concerned from other third countries, whereas the earlier text referred only to movement within the Union territory of those items.
Cited: Art. 44, v1 (external, EUR-Lex) · Art. 44, v2 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version, in force 14 December 2019 02016R2031-20191214 → this version, in force 5 January 2025 02016R2031-20250105
Article 44
Setting out of equivalent requirements
1. The Commission shall set out equivalent requirements, by means of implementing acts, on request of a particular third country, if both of the following conditions are fulfilled:
(a) the third country concerned ensures, through the application under its official control of one or more specified measures, a level of phytosanitary protection which is equivalent to the special requirements in respect of the introduction into, or movement within within, the Union territory of the plants, plant products and other objects concerned; concerned from other third countries;
(b) the third country concerned demonstrates to the Commission that the specified measures referred to in point (a) achieve the level of phytosanitary protection referred to in that point.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).
2. Where appropriate, the Commission shall carry out investigations in the third country concerned and in accordance with Article 120 of Regulation (EU) 2017/625, to verify whether the conditions referred to in points (a) and (b) of the first subparagraph of paragraph 1 of this Article are fulfilled.