- Situation
- Buying plants from a non-EU country, or selling to a non-EU country (including the United Kingdom and Switzerland)
- Who is concerned
- Nurseries, horticulturists, wholesalers, importers, exporters, seed companies, online sellers
- Authorities in France
- Import: SIVEP, at the border control post. Export: the regional food service (SRAL)
- Key point
- No plants may be imported without a phytosanitary certificate from the country of origin, save rare exceptions
- Legal texts
- Regulation (EU) 2016/2031 (plant health); Implementing Regulation (EU) 2019/2072; Regulation (EU) 2017/625 (official controls)
In short
To protect its crops and forests, the European Union subjects the entry of plants to strict rules: most must be accompanied by a phytosanitary certificate issued by the country of origin and undergo an official check on arrival; some are simply prohibited. Conversely, to export, you must meet the requirements of the destination country, certified by a phytosanitary certificate issued by the French authorities.
Importing plants into the European Union
- Prohibitions: certain plants may not enter the EU from certain countries, whatever their health status.
- “High-risk” plants: several genera of plants for planting are provisionally prohibited until a risk assessment has been carried out for the country of origin.
- Special requirements: for others, entry is allowed subject to precise requirements, such as a pest-free area of production or a treatment.
- Border control: the importer must be registered, notify the arrival of the batch in advance in the EU TRACES system and present it at the border control post, where documentary, identity and, where applicable, physical checks are carried out.
- Non-compliant batch: it may be sent back, treated, redirected or destroyed, at the operator's expense.
A border interception often turns on a botanical detail: a species name incorrectly stated, a genus classed as high-risk, growing medium attached to the roots, a discreet symptom on a few leaves. The exact botanical name and the true origin of the plants should be checked before ordering, not on arrival.
Exporting plants outside the European Union
Each country sets its own plant health requirements. In France, the Expadon database lists them country by country. The exporter applies to the regional food service for a phytosanitary certificate, the batch is inspected, and the certificate travels with it to its destination. Since Brexit, the United Kingdom is a non-EU country for these purposes.
Disputes in the international plant trade
- Batch blocked or sent back at the border: who bears the cost depends on the contract, the Incoterm and the origin of the non-compliance.
- Administrative decisions that can be challenged, provided you act quickly, as plants are perishable.
- Disputes with a foreign supplier or buyer: governing law and jurisdiction should be set in the contract.
How the firm can help
- Check the prohibitions and requirements applicable to your plants and their origin before ordering.
- Draft international purchase and sale contracts: plant health clauses, transfer of risk, governing law.
- Assist you when a batch is blocked, sent back or destroyed, and challenge the decision.
- Take action against the supplier or defend you against the buyer.
General information on French and EU law, which does not replace an analysis of your situation. Read the French version.