in force 2025-01-05 MODIFIED+432 −0§
Amended by Regulation (EU) 2024/3115 32024R3115
applies from: unchanged
A new paragraph 3 has been added authorizing the Commission to adopt implementing acts identifying cases where the exclusion for distance-contract sales under paragraph 1, point (a), does not apply to particular plants, plant products or other objects.
The added paragraph also states that such implementing acts may specify conditions for their application and that they are to be adopted under the examination procedure referred to in Article 107(2).
Paragraphs 1 and 2 remain unchanged from the earlier version.
Cited: Art. 81, v2 · Art. 81, v1
text before / after
02016R2031-20191214 → 02016R2031-20250105
Article 81 Exception for direct supply to final users 1. No plant passport shall be required for the movement of plants, plant products or other objects supplied directly to a final user, including home gardeners. That exception shall not apply to: (a) final users receiving those plants, plant products or other objects by means of sales through distance contracts; or (b) final users of plants, plant products or other objects for which a plant passport for protected zones is required pursuant to Article 80. The Commission may, by means of implementing acts, specify that the requirements of point (b) of the second subparagraph shall only apply for particular protected zone pests, plants, plant products or other objects. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2). 2. The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing this Regulation by setting out the cases where, for particular plants, plant products or other objects, the exception of paragraph 1 of this Article shall only apply to small quantities. Those delegated acts shall define those quantities per period of time as appropriate to the plant, plant product or other object concerned and the respective pest risks.3. The Commission may, by means of implementing acts, set out the cases where paragraph 1, point (a), of this Article does not apply to particular plants, plants products or other objects distributed by means of sales through distance contracts. Those implementing acts may specify conditions for their application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).