The Official Controls (Plant Health) (Frequency of Checks) Regulations 2022

Determination of the frequency rate of physical checks and identity checksE+W+S

This adran has no associated Memorandwm Esboniadol

3.—[F1(1) This regulation applies to plants, plant products or other objects of a description specified in Part A of Annex 11 [F2that originate in the third country in the corresponding entry in column (3) of the table in that Part], or in Annex 12, to the Commission Regulation] F3... .

[F4(1A) Paragraph (1) does not apply to plants, plant products or other objects—

(a)that originate in an EU Member State, Liechtenstein or Switzerland;

(b)are imported into Great Britain before 31st October 2024;

(c)are either—

(i)imported through a relevant port; or

(ii)listed in the table in Schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020; and

(d)if originating in Liechtenstein, do not fall within the Schedule.]

(2) [F5Subject to paragraph (2A),] the appropriate authority must determine the frequency rate of physical checks and identity checks of goods to which this regulation applies by reference to the third country from which the goods originate, and having regard to information of a kind specified in paragraph (4).

[F6(2A) In respect of the goods listed in the Schedule, the frequency rates determined by the appropriate authority must be no lower than the rates of such checks in respect of corresponding goods being imported into Northern Ireland, notwithstanding the appropriate authority having regard to information of a kind specified in paragraph (4).]

(3) The appropriate authority must publish online the frequency rates determined under paragraph (2) [F7or paragraph (2A), as applicable], and may from time to time publish a revised frequency rate.

(4) The information referred to in paragraph (2) is—

(a)available scientific assessments;

(b)data and information collected through the appropriate computerised information management system referred to in Article 131 of the Official Controls Regulation;

(c)information relating to the risk to plant health associated with the plants, plant products or other objects, in particular, the matters specified in paragraph (5) (insofar as they apply).

(5) The matters referred to in paragraph (4)(c) are—

(a)whether the plant, plant product or other object has been processed, and if so, the method and (if necessary) the degree of processing to which it is likely to have been subjected prior to its export to Great Britain;

(b)whether the manner of storage or means of transport of the plant, plant product or other object prior to and during its export to Great Britain, or after its import into Great Britain, is likely to prevent a GB regulated non-quarantine pest from establishing or spreading;

(c)the intended use of the plant or plant product following its entry into Great Britain and, in particular, whether it is intended for—

(i)consumption or use other than planting, without further processing;

(ii)processing before consumption or further distribution; or

(iii)planting;

(d)in the case of plants for planting (including seeds), whether the plant—

(i)is a woody plant;

(ii)appears from its packaging, labelling or elsewhere to be intended for direct supply to final users not involved in professional plant production;

(iii)is intended to be grown for direct production of other commodities (propagation) or for increasing the number of the same plant for planting for commercial use; or

(iv)is intended to be an indoor plant.

(e)in the case of seeds, whether they—

(i)are intended for marketing within Great Britain;

(ii)are intended to be used for trial or official testing purposes; or

(iii)have been subjected to testing, and the level of any such testing.

(6) Subject to regulation 4(2), a plant health inspector must select goods to which this regulation applies for the performance of physical checks and identity checks at, as a minimum, the frequency rate determined pursuant to paragraph (2) [F8or paragraph (2A), as applicable] in relation to plants, plant products or other objects of the kind in question.

(7) In this regulation—

“indoor plant” means a plant which appears from its packaging, labelling or by other means to be intended for direct supply to final users for indoor use or use in an aquarium;

[F9relevant port” means any of the following seaports—

(a)

Ayr;

(b)

Barrow;

(c)

Barry;

(d)

Cairnryan;

(e)

Cardiff;

(f)

Ellesmere Port;

(g)

Fishguard;

(h)

Garston;

(i)

Greenock;

(j)

Heysham;

(k)

Holyhead;

(l)

Lancaster;

(m)

Liverpool;

(n)

Mersey Wharf;

(o)

Newport;

(p)

Pembroke;

(q)

Port Talbot;

(r)

Royal Portbury (Bristol);

(s)

Seaforth Grain Terminal;

(t)

Silloth;

(u)

Workington.]

F10...

“woody plant” means a plant which has a woody or partly woody stem, and includes all trees, forest reproductive material (other than seed), shrubs and palms, and those vines and perennial herbs with woody or partly woody stems; and for this purpose “perennial herbs” means herbs for which the average life exceeds two years.

Textual Amendments

Commencement Information

I1Reg. 3 in force at 22.7.2022, see reg. 1(1)