Setting out of equivalent requirements
Article 44
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 movement within the Union territory of the plants, plant products and other objects concerned; (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 to verify whether the conditions referred to in points (a) and (b) of the first subparagraph of paragraph 1 are fulfilled. Those investigations shall comply with requirements for Commission investigations as referred to in Union legislation on official controls.