in force 2019-12-14 MODIFIED+214 −299§
Amended by Regulation (EU) 2017/625 32017R0625
applies from: unchanged
Sources disagree — the text comparison and the EU's own amendment metadata found this change; the amending act's instructions do not mention it. All are shown; none is overruled.
The provision now states that the required diagnosis must come from an official laboratory as referred to in Article 37 of Regulation (EU) 2017/625, rather than from an official laboratory designated by the competent authority under conditions set out in Union legislation on official controls, and this reference to the diagnosis basis has been merged into the first paragraph rather than being stated as a separate paragraph.
The phrase describing where the pest was previously not known to be present now reads "the respective Member State" instead of "its Member State," and the confirmation duty is phrased as confirming whether the pest is present "or not" rather than simply confirming presence.
The paragraph on phytosanitary measures pending confirmation now refers to "the Member States concerned" and "where applicable" instead of "the Member State concerned" and "where appropriate," and the closing paragraph now says information may come "from any other source" rather than "any other source."
Cited: Art. 10, v1 · Art. 10, v2
text before / after
32016R2031 → 02016R2031-20191214
Article 10
Official confirmation by the competent authorities of the presence of a Union quarantine pest
Where a competent authority suspects suspects, or has received evidence concerning concerning, the presence of a Union quarantine pest, or a pest subject to measures adopted pursuant to Article 30(1), in a part of the territory of its the respective Member State where that pest was previously not known to be present, or in a consignment of plants, plant products or other objects introduced into, intended to be introduced into, or moved within, within the Union territory, it shall immediately take the any measures necessary to confirm on the basis of a diagnosis of an official laboratory as referred to in Article 37 of Regulation (EU) 2017/625 (to officially confirm), whether that pest is present (to officially confirm).
That official confirmation shall be based on a diagnosis from an official laboratory designated by the competent authority in accordance with conditions and requirements set out in Union legislation on official controls. or not.
Pending the official confirmation of the presence of the that pest, the Member State States concerned shall, where appropriate, applicable, take phytosanitary measures to eliminate the risk of spread of the that pest.
The suspicion or evidence referred to in the first paragraph of this Article may be based on any information received pursuant to Articles 14 and 15, or from any other source.