Plant Health Regulation

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Article 18 Establishment of demarcated areas 1. Where one of the situations referred to in points (a) and (b) of the first paragraph of Article 11 is officially confirmed, the competent authority shall immediately establish one or more areas where the eradication … 352 unchanged words … State into whose territory the demarcated area is to extend in order to allow that Member State to take all appropriate actions, as referred to in paragraphs 1 to 4. 6. Member States shall notify the Commission and the other Member States, by 30 April of each year, of the number and locations States of the demarcated areas established, immediately after their establishment, together with the pests concerned, concerned and the respective measures taken during taken. Those notifications shall be made through the preceding calendar year. electronic notification system referred to in Article 103. This paragraph shall apply without prejudice to any obligation to notify demarcated areas laid down in the implementing acts referred to in Article 104.

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Article 19 Surveys and modifications of demarcated areas and lifting of restrictions 1. Competent authorities shall at least annually, at appropriate times, carry out a survey of each demarcated area as regards the development of the presence of the pest concerned. Those surveys shall be carried out in accordance with Article 22(2). 2. Where, whether or not as a result of a survey as referred to in paragraph 1, a competent authority finds a presence of the pest concerned in the buffer zone, the Member State concerned shall immediately notify the Commission and the other Member States thereof. 3. Competent authorities shall modify the boundaries of infested zones, buffer zones and demarcated areas, where appropriate, in view of the results of the surveys referred to in paragraph 1. 4. Competent authorities may abolish a demarcated area and terminate the respective eradication measures where the pest-free status of that area has been verified. This will be the case where the following two conditions are fulfilled: (a) the survey referred to in paragraph 1 shows that the area has been found to be free from the pest concerned; and (b) the pest concerned has not been found to be present in that demarcated area for a sufficiently long period. 5. When deciding on the modifications referred to in paragraph 3 or the abolition of the demarcated area referred to in paragraph 4, the competent authority concerned shall take into account at least the following factors: (a) the biology of the pest and the vector concerned; (b) the presence of host plants; (c) the ecoclimatic conditions; and (d) the likelihood of the eradication measures having been successful. 6. By way of derogation from paragraph 1 of this Article, annual surveys shall not be required to be carried out in the infested zone of demarcated areas established for: (a) pests subject to eradication measures requiring eight years or more; (b) pests subject to the containment measures referred to in Article 28(2). 7. The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing this Regulation by further specifying the pests referred to in point (a) of paragraph 6 of this Article and in point (b) of Article 16 and conditions for the application of those derogations.8. The finding of a presence of the pest concerned in the buffer zone referred to in paragraph 2 of this Article and the abolition of the demarcated areas referred to in paragraph 4 of this Article shall be notified through the electronic notification system referred to in Article 103.

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Article 19a
Union Plant Health Emergency Team
1. A Union Plant Health Emergency Team (the Team), composed of experts, shall be created with the purpose of providing Member States, upon their request, with urgent assistance in relation to the measures to be taken pursuant to Articles 10 to 19, 27 and 28 concerning new outbreaks of Union quarantine pests and pests subject to the measures adopted pursuant to Article 30. In justified cases, the Team may also provide urgent assistance to third countries bordering the Union territory or presenting an imminent phytosanitary risk for that territory, upon the request of one or more Member States and the third country concerned, in relation to the outbreaks in their territories of Union quarantine pests and pests subject to the measures adopted pursuant to Article 30.
For each case of assistance, the Commission shall appoint specific members of the Team, on the basis of their expertise, and in consultation with the Member State or third country concerned.
That assistance may include in particular:
(a) scientific, technical and managerial on-the-spot or remote assistance as regards the eradication of the pests concerned, the prevention of their spread and other measures, in close collaboration with the competent authorities of the Member State or third country concerned by outbreaks of pests or suspicion thereof;
(b) specific scientific advice on the suitable diagnostic methods, as appropriate, in coordination with the relevant European Union reference laboratory referred to in Article 94 of Regulation (EU) 2017/625 and other reference laboratories;
(c) specific assistance, as appropriate, to support coordination among the competent authorities of the Member States or third countries and with those laboratories.
The content, conditions and timing of that assistance shall be determined by the Commission in agreement with the Member State or third country concerned and with the respective Member States providing the experts.
2. Member States may submit to the Commission the list of experts that they propose for designation as members of the Team and keep it updated. On that occasion, Member States shall provide all relevant information on the professional profile and the field of expertise of each expert proposed.
3. Members of the Team shall be entitled to an indemnity for their participation in the Team’s on-the-spot activities and, where applicable, for serving as team leaders or rapporteurs on a specific assistance mission.
That indemnity, and the reimbursement of travel and subsistence costs, shall be paid by the Commission in accordance with the rules for the reimbursement of travel, subsistence and other expenses for experts.

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Article 22 Surveys on Union quarantine pests and pests provisionally qualifying as Union quarantine pests 1. Member States shall carry out risk-based surveys, over specific periods of time, checking at least for: (a) the presence of any Union quarantine pest; and (b) signs or symptoms of any pest subject to the measures referred to in Article 29 or to measures adopted pursuant to Article 30(1). Those surveys shall take place in all areas where the pest concerned was not known to be present. Those surveys shall not be required to be carried out for pests for which it is unequivocally concluded that they cannot become established or spread in the Member State concerned due to its ecoclimatic conditions or to the absence of the host species. 2. The design of the surveys referred to in paragraph 1 shall be based on the risk that the pest occurs in the area covered by each survey. They shall consist, at least, of visual examinations by the competent authority and, where appropriate, the collection of samples and performance of tests. Those surveys shall be carried out in all appropriate locations and shall include, where appropriate, premises, vehicles, machinery and packaging used by professional operators and other persons. They shall be based on sound scientific and technical principles and shall be carried out at appropriate times with regard to the possibility to detect the pest concerned. Those surveys shall take account of scientific and technical evidence, and any other appropriate information, concerning the presence of the pests concerned. 3. Member States shall report to the Commission and the other Member States, by 30 April of each year, the results of the surveys referred to in paragraph 1 which were carried out in the preceding calendar year. Those reports shall include information on where the surveys were conducted, the timing of the surveys, the pests and the plants, plant products or other objects concerned, the number of inspections and samples taken, and the finding of each pest concerned. Those reports shall be submitted through the electronic notification system referred to in Article 103. The Commission may, by means of implementing acts, set out the format of those reports, as well as instructions on how to fill it in. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).

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Article 23 Multiannual survey programmes and collection of information 1. Member States shall establish multiannual survey programmes setting out the content of the surveys to be carried out pursuant to Article 22. Those programmes shall provide for the collection and recording of the scientific and technical evidence and other information referred to in the second subparagraph of Article 22(2). The multiannual survey programmes shall include the following elements in conformity with Article 22(2): (a) the specific objective of each survey; (b) the scope of each survey as regards the area concerned and the time scale covered, as well as the pests, plants and commodities targeted; (c) the survey methodology and quality management including a description of the procedures for visual examination, sampling and testing and their technical justification; (d) the timing, frequency and numbers of scheduled visual examinations, samples and tests; and (e) the methods of recording and reporting the information collected. The multiannual survey programmes shall be established for a period of five to seven 10 years. Those programmes shall be reviewed and updated on the basis of the applicable rules and the phytosanitary situation of the territory concerned. 2. Member States shall, on request, request from the Commission, notify their multiannual survey programmes upon their establishment to the Commission and the other Member States. Those notifications shall be submitted through the electronic notification system referred to in Article 103. 3. The Commission may adopt implementing acts establishing the format of the multiannual survey programmes and the practical arrangements for the application of the elements set out in paragraph 1 to specific pest risks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).

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Article 24 Surveys of priority pests 1. For each priority pest, Member States shall carry out a survey annually, as set out in Article 22(1) and (2). Those surveys shall include a sufficiently high number of visual examinations, sampling and testing, as appropriate for each priority pest, to ensure, as far as it is possible given the respective biology of each priority pest and the ecoclimatic conditions, with a high degree of confidence, the timely detection of those pests. The surveys shall not be required to be carried out for pests for which it is unequivocally concluded that they cannot become established or spread in the Member State concerned due to its ecoclimatic conditions or to the absence of the host species. 2. Member States shall report to the Commission and the other Member States by 30 April of each year the results of the surveys referred to in paragraph 1 which were carried out in the preceding calendar year.Those reports shall be submitted through the electronic notification system referred to in Article 103.

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Article 25 Contingency plans for priority pests 1. Each Member State shall draw up and keep up to date for each priority pest which is capable of entering into and becoming established in its territory, or a part thereof, a separate plan … 449 unchanged words … multiple priority pests with similar biology and range of host species. In those cases, the contingency plan shall consist of a general part common to all priority pests covered by it and of specific parts for each priority pest concerned. Similarly, Member States may cooperate to synchronise contingency plans for certain species, where appropriate for priority pest species of similar biology and overlapping or adjoining ranges of host species. 4. Within four years from the date of establishment of the list of priority pests, Member States shall establish a contingency plan for the priority pests included in that list. Within one year from the date of the inclusion of any further pest concerned in the list of priority pests, Member States shall establish a contingency plan for that priority pest. Member States shall regularly review and, where appropriate, update their contingency plans. 5. Member States shall, on request, communicate their contingency plans to the Commission and to the other Member States, and shall inform all relevant professional operators through publication on the internet.

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Article 30 Union measures concerning pests not listed as Union quarantine pests 1. Where the Commission receives a notification as referred to in the first subparagraph of Article 29(3), or has other evidence concerning the presence in, or imminent danger of entry into, or spread within, the Union territory of a pest which is not included in the list of Union quarantine pests and it considers that that pest may fulfil the conditions for inclusion in that list, it shall immediately assess whether, as regards the Union territory, that pest fulfils the criteria set out in Subsection 2 of Section 3 of Annex I. Where the Commission concludes that those criteria are fulfilled, it shall immediately, by means of implementing acts, adopt measures for a limited time as regards the risks posed by that pest. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2). Those measures shall, where appropriate, implement, specifically for each of the pests concerned, one or more of the provisions referred to in points (a) to (g) of the first subparagraph of Article 28(1). They may include the prohibition of the pest’s introduction into, movement within, or holding, multiplication or release in the Union territory and requirements concerning the introduction into, and the movement within, the Union territory of plants, plant products and other objects. 2. After adopting the measures referred to in paragraph 1, the Commission shall assess whether the pest concerned fulfils, as regards the Union territory, the criteria for quarantine pests set out in Section 1 of Annex I. 3. Where it is concluded, on the basis of surveys referred to in Articles 19 and 22 or other evidence, that the eradication of the pest concerned in a demarcated area is not possible, the implementing acts referred to in the second subparagraph of paragraph 1 of this Article may set out measures with the purpose of containment. 4. Where it is concluded that prevention measures in areas outside demarcated areas are necessary to protect the part of the Union territory where the pest concerned is not present, the implementing acts referred to in paragraph 1 may set out such measures. 5. The measures referred to in paragraphs 1, 3 and 4 shall be adopted in accordance with Annex II, taking into account the specific risks of the pests concerned and the need to implement the necessary risk-mitigation measures in a harmonised manner at Union level. 6. Until measures have been adopted by the Commission, the Member State concerned may maintain the measures that it has taken pursuant to Article 29. 7. On duly justified imperative grounds of urgency to address a serious pest risk, the Commission shall adopt immediately applicable implementing acts, in accordance with the procedure referred to in Article 107(3). Those acts shall be adopted in accordance with Annex II, taking into account the specific risks of the pests concerned and the need to implement the necessary risk-mitigation measures in a harmonised manner at Union level. 8. Member States shall notify, through the electronic notification system referred to in Article 103, the Commission and other Member States of any cases of non-compliance with the measures adopted pursuant to this Article which create a risk of spread of the pests referred to in paragraph 1 of this Article.

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Article 34 Surveys on protected zone quarantine pests 1. The competent authority shall carry out annual surveys of each protected zone as regards the presence of the protected zone quarantine pest concerned. Article 22(2) shall apply mutatis mutandis to those surveys. The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing this Regulation by laying down detailed rules for the preparation and the content of those surveys. 2. Member States shall notify the Commission and the other Member States, by 30 April of each year, of the results of the surveys referred to in paragraph 1 which were carried out in the preceding calendar year.Those notifications shall be submitted through the electronic notification system referred to in Article 103.

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Article 37 Prohibition of the introduction and movement of Union regulated non-quarantine pests on plants for planting 1. Professional operators shall not introduce a Union regulated non-quarantine pest into, or move that pest within, the Union territory on the plants for planting … 843 unchanged words … the risk of pests set out in Section 2 of Annex II shall apply. 9. Article 31 shall apply mutatis mutandis to the measures to be taken by the Member States concerning regulated non-quarantine pests and the respective plants for planting.10. In the event that plants for planting have been introduced into, or moved within, the Union territory in non-compliance with paragraph 1 of this Article, Member States shall adopt the necessary measures and shall notify that non-compliance and those measures to the Commission and other Member States through the electronic notification system referred to in Article 103. Member States shall also notify those measures to the third country from which the plants for planting were introduced into the Union territory.

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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).

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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).

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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.

No text on either side: this unit was named by a signal that carries no text, and only the structural diff carries any.

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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).

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Article 88 Attaching of the plant passports Plant passports shall be attached by the professional operators concerned to the trade unit of the plants, plant products and other objects concerned before they are moved within the Union territory pursuant to Article 79 or into or within a protected zone pursuant to Article 80. Where such plants, plant products or other objects are moved in a package, bundle or container, the plant passport shall be attached to that package, bundle or container.The Commission may, by means of implementing acts, set out provisions: (a) determining the plants, plant products and other objects which, by way of derogation from the first paragraph, may be moved within the Union with a plant passport associated with them in a way other than that of a physical attachment, due to their size, shape or way of packaging that make that attachment impossible or very difficult; and (b) providing for rules to ensure that the plant passport concerned, although not attached, still refers to the respective plants, plant products and other objects. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).

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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.

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Article 99 Attestations other than the mark of wood packaging material 1. The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing this Regulation by setting out the elements to be contained in official attestations specific for plants, plant products or other objects, other than wood packaging material, which are required by the applicable international standards as form of proof of the implementation of measures adopted pursuant to Article 28(1) or (2), Article 30(1) or (3), Article 41(2) or (3), Article 44, or Article 54(2) or (3). 2. The delegated acts referred to in paragraph 1 may also set out requirements concerning one or more of the following: (a) the authorisation of professional operators as regards the issuance of the official attestations referred to in paragraph 1; (b) the supervision by the competent authority of the professional operators authorised pursuant to point (a) of this paragraph; (c) the withdrawal of that authorisation referred to in point (a) of this paragraph. 3. The Commission shall adopt, by means of implementing acts, the format specifications of the attestations referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).

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Article 103 Establishment of electronic notification system The Commission shall establish an electronic system for the submission of notifications and reports by the Member States. That system shall be connected to, and compatible with, the IMSOC.

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Article 104 Information items, format and deadlines of notifications, and notifications in the case of suspected presence of pests The Commission may, by means of implementing acts, lay down specific rules concerning the submission of notifications referred to in Article 9(1) and (2), Article 11, Article 17(3), Article 18(6), Article 19(2), 19(2) and (8), Article 28(7), the first subparagraph of Article 29(3), first subparagraph, Article 30(8), Article 33(1), Article 37(10), Article 40(4), Article 41(4), Article 46(4), Article 49(6), Article 53(4), Article 54(4), Article 62(1), 60(2), Article 77(2) and Article 95(5). Those rules shall concern one or more of the following elements: (a) the information items to be included in those notifications; (b) the format of those notifications and instructions on how to fill in that format; (c) deadlines for the submission of particular information items as referred to in point (a); (d) the cases where the suspected presence of a pest shall be notified due to the need to take swift action in view of its biology and possibility of rapid and wide spread; (e) the cases of non-compliance to be notified where that non-compliance creates a risk for spread of a Union quarantine pest or a pest provisionally qualifying as Union quarantine pest. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(2).

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Article 105 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 6(2), Article 7, Article 8(5), Article 19(7), Article 21, Article 32(5), Article 34(1), Article 38, Article 43(2), Article 46(2), Article 48(5), Article 51, Article 65(4), Article 71(4), Article 76(4), Article 81(2), Article 83(6), Article 87(4), Article 89(2), Article 96(2), Article 98(1), Article 99(1), Article 100(4), Article 101(5) and Article 102(6) shall be conferred on the Commission for a period of five years from 13 December 2016. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. The power to adopt delegated acts referred to in Article 42(1a) and Article 42a(3) shall be conferred on the Commission for a period of five years from 5 January 2025. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 6(2), Article 7, Article 8(5), Article 19(7), Article 21, Article 32(5), Article 34(1), Article 38, Article 42(1a), Article 42a(3), Article 43(2), Article 46(2), Article 48(5), Article 51, Article 65(4), Article 71(4), Article 76(4), Article 81(2), Article 83(6), Article 87(4), Article 89(2), Article 96(2), Article 98(1), Article 99(1), Article 100(4), Article 101(5) and Article 102(6) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 6(2), Article 7, Article 8(5), Article 19(7), Article 21, Article 32(5), Article 34(1), Article 38, Article 42(1a), Article 42a(3), Article 43(2), Article 46(2), Article 48(5), Article 51, Article 65(4), Article 71(4), Article 76(4), Article 81(2), Article 83(6), Article 87(4), Article 89(2), Article 96(2), Article 98(1), Article 99(1), Article 100(4), Article 101(5) and Article 102(6) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.