in force 2019-12-14 MODIFIED+200 −112§
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 sentence on informing Member States and operators through the electronic notification system now adds a cross-reference to point (a) of Article 132 of Regulation (EU) 2017/625.
The wording on the Commission's delegated act power is rephrased slightly, now describing the acts as supplementing this Regulation concerning the conditions for acceptance, rather than supplementing the conditions for acceptance directly.
The provision on electronic phytosanitary certificates no longer refers to a computerised information management system for official controls at Union level in general terms, and instead names the IMSOC referred to in Article 131(1) of Regulation (EU) 2017/625.
Cited: Art. 76, v2 · Art. 76, v1
text before / after
32016R2031 → 02016R2031-20191214
Article 76
Conditions to be fulfilled by a phytosanitary certificate
1. Without prejudice to obligations under the International Plant Protection Convention (IPPC) and taking into account relevant international standards, the competent authority shall only accept a phytosanitary certificate accompanying plants, plant products or other objects to be introduced from a third country, if the content of that certificate complies with Part A of Annex V. Where the plants, plant products or other objects are to be introduced from a third country from which they do not originate, the competent authority shall only accept a phytosanitary certificate complying either with Part A or Part B of Annex V.
It shall not accept that phytosanitary certificate where the additional declaration referred to in Article 71(2), where applicable, is not present or not correct, and where the statement referred to in Article 71(3), where applicable, is not present.
It shall not accept a phytosanitary certificate for re-export if that phytosanitary certificate is not accompanied by the original phytosanitary certificate for export, or a certified copy of the original phytosanitary certificate for export.
2. The competent authority shall only accept a phytosanitary certificate if it fulfils the following requirements:
(a) it is issued in at least one of the official languages of the Union;
(b) it is addressed to the national plant protection organisation of a Member State; and
(c) it has been issued no more than 14 days before the date on which the plants, plant products or other objects covered by it have left the third country in which it was issued.
3. In the case of a third country which is a contracting party to the IPPC, the competent authority shall only accept the phytosanitary certificates issued by the official national plant protection organisation of that third country or, under its responsibility, by a public officer who is technically qualified and duly authorised by that official national plant protection organisation.
4. In the case of a third country which is not a contracting party to the IPPC, the competent authority shall only accept the phytosanitary certificates issued by the authorities which are competent in accordance with the national rules of that third country and notified to the Commission. The Commission shall inform the Member States and the operators, through the electronic notification system referred to in Article 103, in accordance with point (a) of Article 132 of Regulation (EU) 2017/625, of the notifications received.
The Commission is empowered to adopt delegated acts acts, in accordance with Article 105 supplementing 105, to supplement this Regulation concerning the conditions for acceptance referred to in the first subparagraph of this paragraph paragraph, to ensure the reliability of those certificates.
5. Electronic phytosanitary certificates shall only be accepted when provided through, or in electronic exchange with, a computerised information management system for official controls at Union level. the IMSOC referred to in Article 131(1) of Regulation (EU) 2017/625.