I thought along the same lines as you are arguing here now some months ago. Unfortunately I was incorrect. Article 73 essentially says that a phyto is required for all plants (incl. seeds) that are NOT listed in article 72. The point of this article is that per another list, items can be excluded from that requirement (while items under art. 72 can never be excluded from the phyto requirement). Currently excluded are only 4 items: Fruits of pineapples, bananas, durian and dates. How you can get more items onto that list ist governed by another part of the regulation, but apparently you can't petition to have items moved to that list.
I think there would have been an easier way to make this clear in the regulation, but I guess the EU is not required to write regulations in a way that they may easily be understood by its subjects.
By the way, also excluded from the phyto requirement are plant products that are not plants in the sense of the regulation. The definition of plants is somewhere more in the beginning, forgot where.
If you still think this interpretation is incorrect, I guess there would be a point to write to the EU commission for an interpretation guideline. Certainly the German authorities interpret it as outlined above.
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