Legislation

Plant Health

Plant health legislation, also referred to as phytosanitary legislation, is harmonised in the EU. This means that the same rules are applied in Belgium and in other EU Member States.

The basic text of phytosanitary legislation is Directive 2000/29/EC. This directive lists regulated harmful organisms (= quarantine organisms). In addition, it lays down the conditions which plants, plant and vegetable products and other materials must meet in order to be introduced and transported in the EU.

Directive 2000/29/EC prohibits the import or use of certain organisms and materials. Directive 2008/61/EC offers the possibility of deviating from this for experiments, scientific research or selection purposes.

This Directive has been transposed into Belgian legislation by Royal Decree of 10 August 2005 on the control of organisms harmful to plants and plant products.

Various other legal texts, such as import derogations, emergency measures and control measures, further detail and elaborate on Directive 2000/29 /EC. Detailed information on this is available on the European Commission website.

The Commission Regulation (EC) No 690/2008 of 4 July 2008 recognizes protected zones exposed to particular plant health risks in the Community.

Directive 2000/29/EC will be repealed on 14 December 2019 and replaced by Regulation (EU) 2016/2031.

Plant Health Regulation (EU) 2016/2031 introduces a proactive approach to prevent the introduction of pests into the EU. By focusing on preventive measures, thorough surveillance of the territory and preparation for possible outbreaks, Member States aim to reduce yield losses and the high costs associated with control measures. Phytosanitary import controls on plants and plant products from third countries will be strengthened and the rules for intra-Community trade will be further harmonised.

Pending a risk assessment, the import of a number of high-risk products from non-EU countries will be banned and all plants will have to be accompanied by a phytosanitary certificate issued by the country of origin when imported into the EU. Travellers will be subject to the same rules for the import of plants and plant products as for commercial consignments.

With regard to intra-Community trade, the model of plant passport will be harmonised in the EU and the list of plants that must be accompanied by a plant passport will be extended to all plants intended for planting.

Plant Protection Products

European legislation

Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.

Belgian legislation

Royal Decree of 28/02/1994 on the storage, placing on the market and use of pesticides for agricultural purposes.

Fertilising Products

European legislation

Regulation (EC) No. 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.

Regulation (EC) No. 1069/2009 of the European Parliament and the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Regulation animal by-products).

Commission Regulation (EU) No. 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive.

Belgian legislation

Royal Decree of 28/01/2013 on the marketing and the use of fertilisers, soil improvers and growing media

Last updated: 02/10/2019