The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

1. Introductory Text

2. PART 1 Introduction

   1. 1. Citation, commencement, extent and application

   2. 2. Interpretation: general

   3. 3. Interpretation: EU instruments relating to plant health

   4. 4. Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation

   5. 5. Article 82 of the EU Plant Health Regulation: meaning of “close proximity”

3. PART 2 Competent authorities: plant health

   1. 6. Designation of competent authorities

4. PART 3 Official controls on controlled consignments from third countries and other official controls on goods from third countries

   1. 7. Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013

   2. 8. Suspicion of non-compliance

   3. 9. Consignments not correctly presented for official controls

   4. 10. Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health

   5. 11. Notices under regulation 8, 9 or10

   6. 12. Border control posts: authorisation of inspection centres and commercial storage facilities

   7. 13. Transitional provision: approved places of inspection

5. PART 4 Official activities to prevent the establishment or spread of plant pests

   1. 14. Introduction

   2. 15. Notices in relation to controlled plant pests or prohibited material

   3. 16. Action which may be taken by a plant health inspector

   4. 17. Establishment of demarcated areas and measures to be taken in those areas

6. PART 5 Temporary national measures relating to plant health

   1. 18. Schedule 1

7. PART 6 Registration, authorisations and certificates relating to plant health

   1. 19. Applications for registration

   2. 20. Other applications

   3. 21. Authorisations for other purposes

   4. 22. Authorisations granted by an appropriate authority

8. PART 7 Measures relating to certain solanaceous species

   1. 23. Schedule 2

9. PART 8 Notification requirements: plant health

   1. 24. Notification requirements in relation to seed potatoes

   2. 25. Notification requirements in relation to citrus fruits

   3. 26. Notification requirements in relation to other plants and plant products

10. PART 9 General powers of plant health inspectors and enforcement

    1. 27. Interpretation

    2. 28. Powers of entry

    3. 29. Right of entry conferred by a warrant issued by a justice of the peace

    4. 30. Information notices

    5. 31. Failure to comply with a notice

    6. 32. Removal of ISPM 15 mark from wood packaging material

    7. 33. Marking of wood packaging material: power of seizure

    8. 34. Disclosure of information held by the Commissioners for Her Majesty's Revenue and Customs

    9. 35. Disclosure of information to other competent authorities

11. PART 10 General and supplemental provisions relating to plant health notices

    1. 36. Miscellaneous provisions as to notices

    2. 37. Service of notices

12. PART 11 Offences relating to plant health legislation

    1. 38. General

    2. 39. Failure to comply with requirements of notices etc.

    3. 40. Defence: reasonable excuse

    4. 41. Provision of false or misleading information

    5. 42. Improper use of plant passports or certificates

    6. 43. Obstruction

    7. 44. Offence relating to the disclosure of information held by Revenue and Customs

    8. 45. Defence: lawful disclosure

    9. 46. Offences by bodies corporate

    10. 47. Offences by partnerships and unincorporated associations

    11. 48. Penalties

13. PART 11A Civil Sanctions

    1. 48A. Civil sanctions

14. PART 12 Miscellaneous: plant health

    1. 49. Minor and consequential amendments

    2. 50. Revocation of plant health instruments

    3. 51. Transitional provisions: licences under article 39(1) of the 2005 Order or article 41(1) of the 2015 Order

    4. 52. Transitional provisions: other licences under the 2005 Order or the 2015 Order

    5. 53. Transitional provisions: notices

    6. 54. Transitional provisions: approvals granted under article 17(1) of the 2005 Order or the 2015 Order

15. PART 13 Official controls in relation to genetically modified organisms

    1. 55. Amendment to secondary legislation on official controls in relation to genetically modified organisms

16. PART 14 Review

    1. 56. Review

17. Signature

18. 1. SCHEDULE 1

       Temporary national measures

       1. 1. Interpretation

       2. PART 1 Plants, plant products or other objects from third countries

          1. 2. Temporary measures in relation to Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.

          2. 2A. (1) No person may introduce any plants described in columns...

          3. 2B. Temporary measures in relation to Candidatus Phytoplasma ulmi

          4. 2C. Temporary measures in relation to Agrilus planipennis Fairmaire

          5. 2D. National measures in relation to Xylella fastidiosa (Wells et al.)

          6. 2E. (1) No person may introduce any plants described in columns...

          7. 2F. Exception for controlled material in transit

       3. PART 2 Plants, plant products or other objects from another part of the Union territory

          1. 3. Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory

          2. 3A. No person may introduce any plants, other than fruit or...

          3. 4. (1)) No person may introduce or move any plants, plant...

       4. PART 3 Official controls on consignments from third countries

          1. 5. (1) In this Part— “border control post” means a border...

          2. 6. Application of this Part

          3. 7. Notification and presentation of Schedule 1 consignments

          4. 8. Consignments not correctly presented for official controls

          5. 9. Official controls to be performed on Schedule 1 consignments

          6. 10. Completion of official controls

          7. 11. Removal of Schedule 1 consignments from border control posts of arrival

          8. 12. Measures to be taken on non-compliant Schedule 1 consignments

          9. 13. Measures to be taken on Schedule 1 consignments

          10. 14. Notification of decisions to refuse the entry of a Schedule 1 consignment into England

          11. 15. Notices under this Part

    2. SCHEDULE 2

       1. PART 1 General interpretation

          1. 1. In this Schedule— “Directive 93/85/EEC” means Council Directive 93/85/EEC on...

       2. PART 2 General provisions relating to the planting of certain solanaceous species

          1. 2. General restrictions on the planting of potatoes

          2. 3. Restrictions on the planting of potatoes in the protected region

       3. PART 3 Measures for the control of Potato wart disease

          1. 4. Interpretation

          2. 5. Official measures relating to contaminated plots of land

          3. 6. Prohibition on the planting of potatoes on contaminated plots

          4. 7. Revocation of the demarcation of a contaminated plot

       4. PART 4 Measures for the control of European populations of Potato cyst nematode

          1. 8. Interpretation

          2. 9. Official investigations and surveys

          3. 10. Official records of investigations and surveys

          4. 11. Notices in relation to infested fields and contaminated susceptible material

          5. 12. Prohibition on the planting of potatoes in infested fields

          6. 13. Suppression of Potato cyst nematodes

          7. 14. Controls on contaminated seed potatoes etc.

          8. 15. Controls on potatoes for industrial processing or grading

          9. 16. Controls on contaminated bulbs etc.

          10. 17. Further investigations for the presence of Potato cyst nematodes

       5. PART 5 Measures for the control of Potato ring rot

          1. 18. Interpretation

          2. 19. Official surveys and testing

          3. 20. Measures to be taken following the confirmation of the presence of Potato ring rot

          4. 21. Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot

          5. 22. Measures in relation to a contaminated place of production

          6. 23. Additional measures applicable to a unit of protected crop production

          7. 24. Measures to be taken in demarcated zones for the control of Potato ring rot

       6. PART 6 Measures for the control of Potato brown rot

          1. 25. In this Schedule— “certified seed potatoes” means pre-basic seed potatoes,...

          2. 26. Official surveys and testing

          3. 27. Measures to be taken following the confirmation of the presence of Potato brown rot

          4. 28. Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rot

          5. 29. Measures which may be required in relation to a contaminated place of production

          6. 30. Additional measures in relation to units of protected crop production

          7. 31. Measures to be taken in demarcated zones for the control of Potato brown rot

       7. PART 7 Measures relating to Egyptian potatoes

          1. 32. Measures for the purposes of Article 7 of Commission Implementing Decision 2011/787/EC

    3. SCHEDULE 3

       Offences: relevant provisions in the EU Regulations

       1. PART 1 The EU Plant Health Regulation

       2. PART 2 The Officials Control Regulation

       3. PART 3 Other EU legislation

    4. SCHEDULE 4

       Offences relating to EU emergency decisions

    5. SCHEDULE 4A

       Civil sanctions

       1. PART 1 Power to impose civil sanctions

          1. 1. Compliance notice

          2. 2. Restoration notice

          3. 3. Imposition of a fixed monetary penalty

          4. 4. Imposition of a variable monetary penalty

          5. 5. Notice of intent

          6. 6. Combination of penalties

          7. 7. Discharge of liability – fixed monetary penalties

          8. 8. Making representations and objections

          9. 9. Third party undertakings

          10. 10. Final notice

          11. 11. Contents of final notice: compliance and restoration notices

          12. 12. Contents of final notice: fixed and variable monetary penalties

          13. 13. Fixed monetary penalty: discount for early payment

          14. 14. Appeals against a final notice

          15. 15. Fixed monetary penalty: non-payment within the stated payment period

          16. 16. Criminal proceedings

       2. PART 2

          1. Stop notices

             1. 17. Stop notices

             2. 18. Contents of a stop notice

             3. 19. Appeals

             4. 20. Completion certificates

             5. 21. Compensation

             6. 22. Offences

       3. PART 3

          1. Enforcement undertakings

             1. 23. Enforcement undertakings

             2. 24. Contents of an enforcement undertaking

             3. 25. Acceptance of an enforcement undertaking

             4. 26. Discharge of an enforcement undertaking

             5. 27. Inaccurate, incomplete or misleading information

             6. 28. Non-compliance with an enforcement undertaking

       4. PART 4

          1. Non-compliance penalties

             1. 29. Non-compliance penalties

             2. 30. Appeals

       5. PART 5

          1. Withdrawal and amendment of notices

             1. 31. Withdrawing or amending a notice

       6. PART 6

          1. Costs recovery

             1. 32. Recovery of enforcement costs

       7. PART 7

          1. Appeals

             1. 33. Appeals

       8. PART 8

          1. Guidance and publicity

             1. 34. Guidance as to the use of civil sanctions

             2. 35. Consultation on guidance

             3. 36. Publication of enforcement action

    6. SCHEDULE 5

       Amendments to secondary legislation relating the marketing of seeds and plant propagating material and plant health fees

       1. PART 1 The Marketing of Vegetable Plant Material Regulations 1995

          1. 1. (1) The Marketing of Vegetable Plant Material Regulations 1995 are...

       2. PART 2 The Marketing of Ornamental Plant Propagating Material Regulations 1999

          1. 2. (1) The Marketing of Ornamental Plant Propagating Material Regulations 1999...

       3. PART 3 The Forest Reproductive Material (Great Britain) Regulations 2002

          1. 3. (1) The Forest Reproductive Material (Great Britain) Regulations 2002 are...

       4. PART 4 The Seed Potatoes (England) Regulations 2015

          1. 4. (1) The Seed Potatoes (England) Regulations 2015 are amended as...

       5. PART 5 The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

          1. 5. (1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations...

       6. PART 6 The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017

          1. 6. (1) The Marketing of Fruit Plant and Propagating Material (England)...

    7. SCHEDULE 6

       Revocation of instruments

19. Explanatory Note