in force 2025-01-05 MODIFIED+445 −130§
Amended by Regulation (EU) 2024/3115 32024R3115
applies from: unchanged
Paragraph 2 changes the location described from the place of entry (previously called the place of entry) into the Union territory and restructures the single option of a certified copy of the original phytosanitary certificate into two listed alternatives.
The first alternative, point (a), retains the certified copy mechanism and the requirement that it accompany the movement only up to the point where the plant passport is issued, while removing the earlier wording limiting this to the territory of the respective Member State.
A new second alternative, point (b), is added allowing use of information contained in the electronic notification system referred to in Article 103, subject to the electronic or digital copy being accessible and made available to competent authorities upon request during the movement up to the point where the plant passport is issued.
Cited: Art. 94, v1 · Art. 94, v2
text before / after
02016R2031-20191214 → 02016R2031-20250105
Article 94
Plant passports replacing phytosanitary certificates
1. By way of derogation from Article 87 of this Regulation, where a plant, plant product or other object, introduced into the Union territory from a third country which, for movement within the Union territory, requires a plant passport pursuant to Article 79(1) and 80(1) of this Regulation, the passport shall be issued if the checks under Article 49(1) of Regulation (EU) 2017/625. concerning its introduction have been completed satisfactorily and have led to the conclusion that the plant, plant product or other object concerned fulfils the substantive requirements for issuance of a plant passport in accordance with to Article 85 of this Regulation and, where appropriate, Article 86 of this Regulation.
The replacement of a phytosanitary certificate by a plant passport may be carried out at the place of destination of the plant, plant product or other object concerned, instead of the point of entry, where checking at the place of destination is allowed, as referred to in Union legislation on official controls.
2. By way of derogation from the first subparagraph of paragraph 1, Member States may decide to replace a phytosanitary certificate at the place point of entry of the plant, plant product or other object concerned into the Union territory by by:
(a) a certified copy of the original phytosanitary certificate.
That certified certificate; that copy of the original phytosanitary certificate shall be issued by the competent authority and shall accompany the movement of the plant, plant product or other object concerned only up to the point where the plant passport is issued and only within issued; or
(b) the territory information contained in the electronic notification system referred to in Article 103, provided that the electronic phytosanitary certificate or a digital copy of the respective Member State. phytosanitary certificate is accessible in that system and is made available, upon request of competent authorities, during the movement of the plant, plant product or other object concerned up to the point where the plant passport is issued.
3. The competent authority shall retain the phytosanitary certificate for at least three years. That retainment may take the form of storage of the information contained in the phytosanitary certificate in a computerised database.
Where point (a) of Article 101(2) applies, that phytosanitary certificate shall be replaced by a certified copy thereof.