Regulation (EU) 2016/2031 of the European Parliament of the CouncilDangos y teitl llawn

CHAPTER III U.K. [F1 GB] regulated non-quarantine pests

Article 36 U.K. Definition of [F2 GB] regulated non-quarantine pests

A pest is a ‘[F3 GB] regulated non-quarantine pest’ if it fulfils all of the following conditions and it is included in [F4 column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation]:

(a)

its identity is established in accordance with point (1) of Section 4 of Annex I;

(b)

it is present in [F5 Great Britain];

(c)

it is not a [F6 GB] quarantine pest or a [F7 provisional GB quarantine pest];

(d)

it is transmitted mainly through specific plants for planting, in accordance with point (2) of Section 4 of Annex I;

(e)

its presence on those plants for planting has an unacceptable economic impact, as regards the intended use of those plants for planting, in accordance with point (3) of Section 4 of Annex I;

(f)

feasible and effective measures are available to prevent its presence on the plants for planting concerned.

Textual Amendments

F2 Word in Art. 36 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(a) (with regs. 53, 55)

F3 Word in Art. 36 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(i)(aa) (with regs. 53, 55)

F4 Words in Art. 36 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(i)(bb) (with regs. 53, 55)

F5 Words in Art. 36(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(ii) (with regs. 53, 55)

F6 Word in Art. 36(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(iii)(aa) (with regs. 53, 55)

F7 Words in Art. 36(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(iii)(bb) (with regs. 53, 55)

Article 37 U.K. Prohibition of the introduction and movement of [F8 GB] regulated non-quarantine pests on plants for planting

1. [F9 A professional operator may not introduce a GB regulated non-quarantine pest into Great Britain, or move a GB regulated non-quarantine pest within Great Britain, on the plants for planting through which it is transmitted, as specified in the entries in respect of that pest in column (2) of the tables in Annex 4 to the Phytosanitary Conditions Regulation, if the presence of that pest on those plants for planting exceeds the thresholds specified in those tables in respect of that pest and those plants for planting.]

The prohibition laid down in the first subparagraph shall not apply in the following cases:

(a) movement of plants for planting within, or between, the premises of the professional operator concerned;

(b) movement of plants for planting necessary for their disinfection.

F10 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 4A. A professional operator may not introduce into Great Britain, or move within Great Britain, any plants for planting referred to in Annex 5 to the Phytosanitary Conditions Regulation, unless the measures specified in that Annex in respect of those plants for planting to prevent the presence of the GB regulated non-quarantine pests have been taken. ]

[F12 5. The appropriate authority may by regulations modify Annex 4 or 5 to the Phytosanitary Conditions Regulation where the results of an assessment show that:

(a) a pest not listed in column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation fulfils the conditions referred to in Article 36;

(b) a pest listed in column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation no longer fulfils one or more of the conditions referred to in Article 36; or

(c) amendments to Annex 4 or 5 to the Phytosanitary Conditions Regulation are necessary as regards the categories referred to in paragraph 7 of this Article or the thresholds referred to in paragraph 8 of this Article.]

[F13 5A. The appropriate authority may by regulations modify Annex 5 to the Phytosanitary Conditions Regulation to make provision as to the measures to be taken to prevent the presence of a GB regulated non-quarantine pest on the plants for planting concerned.

5B. Regulations under paragraph 5A may specify whether the measures are to apply to the introduction of the plants for planting into Great Britain, the movement of those plants for planting within Great Britain, or both.

5C. Any measures specified in regulations under paragraph 5A must be consistent with the principles set out in Section 2 of Annex 2 to this Regulation and are to apply in addition to the measures specified in the relevant legislation on the marketing of seeds and other propagating material.]

F14 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. Where point (e) of Article 36 is only fulfilled for one or more of the [F15 categories of] pre-basic, basic, or certified material, seed or seed potatoes, or standard or CAC material or seed, as referred to in [F16 the relevant legislation on the marketing of seeds and other propagating material, the tables in Annex 4 to the Phytosanitary Conditions Regulation must include] those categories F17 ...

8. Where point (e) of Article 36 is only fulfilled if the pest concerned is present at an incidence above a certain threshold higher than zero, [F18 the tables in Annex 4 to the Phytosanitary Conditions Regulation must include that threshold].

Such a threshold shall only be [F19 included] if both of the following points are fulfilled:

(a) it is possible for professional operators to ensure that the incidence of that [F20 GB] regulated non-quarantine pest on those plants for planting does not exceed that threshold;

(b) it is possible to verify whether that threshold is not exceeded in lots of those plants for planting.

The principles for the management of the risk of pests set out in Section 2 of Annex II shall apply.

9. Article 31 shall apply mutatis mutandis to the measures to be taken by the [F21 competent authorities] concerning [F22 GB] regulated non-quarantine pests and the respective plants for planting.

Textual Amendments

F8 Word in Art. 37 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(a) (with regs. 53, 55)

F9 Words in Art. 37(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(b) (with regs. 53, 55)

F10 Art. 37(2)-(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(c) (with regs. 53, 55)

F11 Art. 37(4A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(d) (with regs. 53, 55)

F12 Art. 37(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(e) (with regs. 53, 55)

F13 Art. 37(5A)-(5C) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(f) (with regs. 53, 55)

F14 Art. 37(6) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(g) (with regs. 53, 55)

F15 Words in Art. 37(7) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(h)(i) (with regs. 53, 55)

F16 Words in Art. 37(7) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(h)(ii) (with regs. 53, 55)

F17 Words in Art. 37(7) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(h)(iii) (with regs. 53, 55)

F18 Words in Art. 37(8) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(i)(i) (with regs. 53, 55)

F19 Words in Art. 37(8) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(i)(ii)(aa) (with regs. 53, 55)

F20 Words in Art. 37(8) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(i)(ii)(bb) (with regs. 53, 55)

F21 Words in Art. 37(9) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(j)(i) (with regs. 53, 55)

F22 Word in Art. 37(9) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(j)(ii) (with regs. 53, 55)

Article 38 U.K. Amendment of Section 4 of Annex I

The [F23 appropriate authority may by regulations amend] Section 4 of Annex I in order to adapt it to the development of scientific and technical knowledge and of relevant international standards.

Textual Amendments

F23 Words in Art. 38 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(5) (with regs. 53, 55)

Article 39 U.K. [F24 GB] regulated non-quarantine pests used for scientific or educational purposes, trials, varietal selection, breeding or exhibitions

The prohibition provided for in Article 37 shall not apply to [F25 GB] regulated non-quarantine pests which are present on plants for planting used for scientific or educational purposes, trials, varietal selection, breeding or exhibitions.

Textual Amendments

F24 Word in Art. 39 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(6)(a) (with regs. 53, 55)

F25 Word in Art. 39 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(6)(b) (with regs. 53, 55)

Textual Amendments

F1 Word in Ch. 3 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(2) (with regs. 53, 55)