Exemptions from the requirements for RNQPs for specific seed
Article 1
Open ↗Implementing Regulation (EU) 2019/2072 is amended as follows: (1) Article 6 is amended as follows: (a) paragraph 3 is replaced by the following: ‘3. In addition, the list set out in Annex IV to this Regulation and Annex V thereto shall not affect the exemptions for plants for planting, adopted pursuant to Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 98/56/EC, 1999/105/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC, from the requirements for marketing set out by those Directives, including: (a) exemptions concerning the supply of plants for planting to official testing and inspection bodies; (b) exemptions concerning the supply of plants for planting to providers of services for processing and packaging, under the condition that the provider of services does not acquire title to the plants thus supplied; (c) exemptions concerning the supply of plants for planting under certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose; (d) exemptions for plants for planting intended for scientific purposes, selection work, other test or trial purposes; (e) exemptions from marketing requirements set out in the provisions of Implementing Decision (EU) 2017/478; (f) exemptions from marketing requirements for plants for planting shown to be intended for export to third countries. Plants for planting referred to in this paragraph may only be moved within the Union if their identity and traceability is ensured.’ ; (b) the following paragraph is added: ‘4. Where the plants for planting referred to in paragraph 3 are introduced into the Union from a third country, the phytosanitary certificate shall include under the heading ‘Additional Declaration’ the indication ‘Subject to the exemption laid down in Article 6(3) of Commission Implementing Regulation (EU) 2019/2072’ and a reference to the respective point (a) to (f).’ (2) the following Article is inserted: ‘Article 6a Exemptions from the requirements for RNQPs for specific seed 1. By way of derogation from Article 5 and Article 6(1), the following seed may be exempted from compliance with the thresholds and measures set out in Annexes IV and V to this Regulation: (a) seed not finally certified and officially labelled accordingly, pursuant to Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC, and 2002/57/EC; or (b) seed as grown, marketed for processing and packaging pursuant to Directive 2002/55/EC. That exemption shall only apply if any of the options concerning testing or treatment are to be applied before the marketing of that seed as pre-basic, basic, certified or standard seed in the EU pursuant to the thresholds and measures set out in Annexes IV and V, for the following seed: (a) Oryza sativa L. in relation to the pest Aphelenchoides besseyi , as referred to in Part B of Annex V; (b) Helianthus annuus L. in relation to the pest Botrytis cinerea de Bary, as referred to in Part G of Annex V and the pest Sclerotinia sclerotiorum (Libert) de Bary as referred to in Part H of Annex IV; (c) Linum usitatissimum L. in relation to the pests Alternaria linicola Groves & Skolko, Boeremia exigua var. linicola (Naumov & Vassiljevsky) Aveskamp, Gruyter & Verkley, Botrytis cinerea de Bary, Colletotrichum lini Westerdijk and Fusarium (anamorphic genus), other than Fusarium oxysporum f. sp. albedinis (Kill. & Maire) W.L. Gordon and Fusarium circinatum Nirenberg & O’Donnell, as referred to in Part G of Annex V; (d) Glycine max (L.) Merr. in relation to the pests Diaporthe caulivora (Athow & Caldwell) J.M. Santos, Vrandecic & A.J.L. Phillips and Diaporthe sojae Lehman , as referred to in Part G of Annex V; (e) vegetable seed, in relation to the respective pests, as referred to in Part E of Annex V; (f) Brassica napus L. in relation to the pest Sclerotinia sclerotiorum de Bary as referred to in Part H of Annex IV; (g) Brassica rapa L. var. silvestris in relation to the pest Sclerotinia sclerotiorum de Bary as referred to in Part H of Annex IV; (h) Sinapis alba L. in relation to the pest Sclerotinia sclerotiorum de Bary as referred to in Part H of Annex IV. 2. The exempted seed originating in third countries shall only be introduced into the Union if all of the following conditions are fulfilled: (a) it is introduced by a professional operator for the purpose of processing and packaging, before the marketing of that seed; (b) the phytosanitary certificate includes under the heading ‘Additional Declaration’, the indication ‘Subject to the exemption laid down in the first subparagraph of Article 6a(1) of Commission Implementing Regulation (EU) 2019/2072’ and a reference to the applicable point (a) or (b) of that subparagraph; (c) its identity and traceability are ensured in accordance with Article 94(2) of Regulation (EU) 2016/2031. 3. The exempted seed produced in the Union shall only be moved within the Union if both of the following conditions are fulfilled: (a) it is moved from the professional operator who has produced it to the professional operator in charge of carrying out the processing and packaging; (b) the identity and traceability of the respective plants for planting are ensured.’ ; (3) in Article 13, paragraph 2 is replaced by the following: ‘2. By way of derogation from paragraph 1, a plant passport shall not be required for the movement within the Union of seed which fulfil both of the following conditions: (a) it is subject to the exemptions referred to in Article 6(3) or to the exemptions referred to in Article 6a; and (b) it is not subject to the special requirements of Annex VIII or Annex X to this Regulation or to those provided for by the implementing acts adopted pursuant to Articles 28(1), 30(1) or 49(1) of Regulation (EU) 2016/2031.’