The Phytosanitary Conditions (Amendment) Regulations 2024

Amendment of the Phytosanitary Conditions Regulation

Amendments coming into force on 31st May 2024

2.—(1) The Phytosanitary Conditions Regulation is amended as follows.

(2) In Annex 2, in the table in Part A (pests not known to occur in Great Britain)(1)—

(a) under the heading “C. Insects and mites”—

(i) after entry 39, insert—

“39A.	Chrysobothris femorata (Olivier) [CHRBFE]
39B.	Chrysobothris mali (Horn) [CHRBMA]”;

(ii) after entry 75, insert—

“75A.

Lycorma delicatula (White) [LYCMDE]”;

(b) under the heading “F. Viruses, viroids and phytoplasmas”, after entry 9, insert—

“9A.	Chilli veinal mottle virus [CHIVMV]”.

(3) In the table in Annex 2A (list of provisional GB quarantine pests)(2)—

(a) under the heading “B. Insects and mites”, omit entries 4B and 5A;

(b) under the heading “C. Viruses, viroids and phytoplasmas”, omit entry 1A.

(4) In Annex 5, in Part C (measures to prevent the presence of RNQPs on propagating material of ornamental plants and other plants for planting intended for ornamental purposes)(3), in the table under the heading “Viruses, viroids, virus-like diseases and phytoplasmas”, in the entry relating to Potato spindle tuber viroid [PSTVD0], in the second column, for “Capiscum annuum L.” substitute “Capsicum annuum L.”.

(5) In Annex 6, in the table in Part A (list of plants, plant products and other objects from third countries, other than high-risk plants, plant products and other objects, which may not be introduced into Great Britain)(4), in entry 1, in the first column, for the words from “Tsuga Carr.” to the end substitute—

“Tsuga Carr., and other than

• naturally or artificially dwarfed plants of Chamaecyparis Spach., Juniperus L., or Pinus L., either entirely of the species Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr), or of the species Pinus parviflora Sieb. & Zucc. grafted on a rootstock of a Pinus species other than Pinus parviflora Sieb. & Zucc., originating in the Republic of Korea;

• naturally or artificially dwarfed plants of Chamaecyparis Spach., Juniperus L., Pinus L., either entirely of the species Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr) or Pinus thunbergii Parl., or of the species Pinus parviflora Sieb. & Zucc. grafted on a rootstock of a Pinus species other than Pinus parviflora Sieb. & Zucc., or of Pinus thunbergii Parl. grafted on a rootstock of a Pinus species other than Pinus thunbergii Parl., originating in Japan”.

(6) In Annex 7, in the table in Part A (plants, plant products and other objects originating in third countries which may only be introduced into Great Britain if special requirements are met)(5)—

(a) in entries 52 to 54, in the first column, omit “, Picea Mill.”;

(b) after entry 54, insert—

“54A.	Plants, other than fruit and seeds, of Picea Mill.	Any third country other than Norway	The plants must be accompanied by an official statement that they originate in a place of production which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Ips duplicatus (Sahlberg), Ips typographus L. and Ips amitinus (Eichhoff).
54B.	Plants, other than fruit, seeds and cut trees mentioned in column (1) of entry 54C, of Picea Mill.	Norway	The plants must be accompanied by an official statement that they originate in a place of production which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Ips duplicatus (Sahlberg), Ips typographus L. and Ips amitinus (Eichhoff).
54C.	Cut trees with foliage of Picea Mill. over 3m in height, introduced during the period beginning with 1st November, and ending with 30th January of the following year (“the relevant period”), following the notification of their intended introduction by the national plant protection organisation of Norway to the national plant protection organisation of the United Kingdom: a) for display at any time during the relevant period in a public place where it has been a custom for at least 10 years to display cut trees with foliage of Picea Mill. at that place, and b) not intended to be placed on the market	Norway	The trees must: (a) be accompanied by an official statement that they originate in a place of production* which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Ips duplicatus (Sahlberg), Ips typographus L. and Ips amitinus (Eichhoff)., or (b) fulfil all of the following requirements: (i) they are accompanied by an official statement that each tree has been subjected to an official inspection prior to export and found, in that inspection, to be free from Ips duplicatus (Sahlberg), Ips typographus L. and Ips amitinus (Eichhoff)., (ii) they have been made recognisable with a marking or a traceability code, exclusive to each tree and notified to the national plant protection organisation of Norway, enabling the identification of their place of origin, (iii) following their introduction into Great Britain, they are transported directly for display to a public place as referred to in the second column, (iv) following their display, they are: (aa) transported directly to a site for their destruction by the person responsible for the trees, and (bb) destroyed at that site by chipping or incineration, if introduced on or after 1st January, before the end of 31st January of that year, otherwise before the end of 31st January of the following year, and subsequent to their destruction, the place and time of the destruction is notified by the person responsible for the trees to the competent authority in writing. *The name(s) of the place(s) of production must be included in the phytosanitary certificate under the heading “Additional Declaration”. The phytosanitary certificate under the heading “Additional Declaration” must also include: the marking or traceability code referred to in point (b)(ii), the date of dispatch, and the place of display as referred to in the second column.”;

(c) after entry 64, insert—

“64A.	Plants, including cut branches with or without foliage, other than fruit, seeds, tissue cultures and pollen, of Acer L., Betula L., Carpinus L., Carya illinoinensis (Wangenheim) Koch, Cercis L., Cornus L., Crataegus L., Juglans L., Malus Mill., Ostrya virginiana (Miller) Koch, Platanus occidentalis L., Populus L., Prunus L., Pyrus L., Salix L., Tilia L., Ulmus L., and Vaccinium darrowii Camp.	Canada and the USA	The plants must be accompanied by an official statement that: (a) they have been grown during a period of at least three years prior to export, or, in the case of plants younger than three years, throughout their life, in a place of production: (i) which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Chrysobothris femorata (Olivier), (ii) which is registered and supervised by the national plant protection organisation in the country of origin, (iii) which has been subjected annually to two official inspections for any signs of Chrysobothris femorata (Olivier) carried out at appropriate times, and (iv) within which the plants have been grown in a site with complete physical protection against the introduction of Chrysobothris femorata (Olivier), (b) immediately prior to export, the plants, and in particular their stems and branches, have been subjected to a meticulous inspection for the presence of Chrysobothris femorata (Olivier), which has included destructive sampling, where appropriate, and (c) they have been packed in such a manner as to prevent infestation during transport and storage.
64B.	Plants, including cut branches with or without foliage, other than fruit, seeds, tissue cultures and pollen, of Acer L., Aesculus L., Arbutus menziesii Pursh., Ceanothus L., Cercocarpus montanus (Kunth) Rafinesque, Corylus L., Eriobotrya japonica (Thunberg) Lindley, Fagus sylvatica L., Ficus carica L., Frangula californica (Eschscholtz) A. Gray, Heteromeles arbutifolia (Lindl) Roemer, Juglans regia L., Malus Mill., Pickeringiamontana Torrey & A. Gray, Platanus L., Populus L., Prunus L., Pyrus communis L., Quercus L., Ribes L., Rosa L., Salix L., Sorbus aucuparia L., Ulmus L., and Vaccinium L.	Canada and the USA	The plants must be accompanied by: (a) an official statement that: (i) they have been grown during a period of at least three years prior to export, or, in the case of plants younger than three years, throughout their entire life, in an area* which has been established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Chrysobothris mali (Horn), and that no part of that area lies within 100km of a known outbreak of Chrysobothris mali (Horn), and (ii) they have been packed in such a manner as to prevent infestation during transport and storage, or (b) an official statement that: (i) they have been grown during a period of at least three years prior to export, or, in the case of plants younger than three years, throughout their entire life, in a place of production: (aa) which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Chrysobothris mali (Horn), (bb) which is registered and supervised by the national plant protection organisation in the country of origin, (cc) which has been subjected annually to two official inspections for any signs of Chrysobothris mali (Horn) carried out at appropriate times, and (dd) within which they have been grown in a site with complete physical protection against the introduction of Chrysobothris mali (Horn), (ii) immediately prior to export, the plants, and in particular their stems and branches, have been subjected to a meticulous inspection for the presence of Chrysobothris mali (Horn), which has included destructive sampling, where appropriate, and (iii) they have been packed in such a manner as to prevent infestation during transport and storage. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration.”;

(d) after entry 138, insert—

“138A.	Wood of Acer L., Betula L., Carpinus L., Carya illinoinensis (Wangenheim) Koch, Crataegus L., Juglans L., Malus Mill., Platanus occidentalis L., Populus L., Prunus L., Pyrus L., Salix L., Tilia L., and Ulmus L., other than in the form of: sawn wood less than 6mm thick, chips, particles, sawdust, shavings, wood waste and scrap, wood packaging material, including associated dunnage, but including wood which has not kept its natural round surface	Canada and the USA	The wood must be accompanied by an official statement that: (a) it has: (i) undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), (ii) undergone ionizing irradiation to achieve a minimum absorbed dose of 1kGy throughout the wood, or (iii) been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and (b) it has been packed in such a manner as to prevent infestation with Chrysobothris femorata (Olivier) during transport and storage. For the purpose of point (a)(i), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate. For the purpose of point (a)(iii), the national plant protection organisation of the country of origin must have previously provided the national plant protection organisation of the United Kingdom with written details of the fumigation.
138B.	Wood of Acer L., Aesculus L., Corylus L., Fagus sylvatica L., Juglans regia L., Malus Mill., Platanus L., Populus L., Prunus L., Pyrus communis L., Quercus L., Salix L., Sorbus aucuparia L., and Ulmus L., other than: in the form of: sawn wood less than 6mm thick, chips, particles, sawdust, shavings, wood waste and scrap, wood packaging material, including associated dunnage, in the case of Quercus L., in the form of casks, barrels, vats, tubs and other coopers’ products and parts thereof, including staves, where there is documented evidence that the wood has been produced or manufactured using heat treatment to achieve a minimum temperature of 176°C for 20 minutes, but including wood which has not kept its natural round surface	Canada and the USA	The wood must be accompanied by an official statement: (a) that it: (i) originates in an area* which has been established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Chrysobothris mali (Horn), and that no part of the area lies within 100km of a known outbreak of Chrysobothris mali (Horn), (ii) has undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), (iii) has undergone ionizing irradiation to achieve a minimum absorbed dose of 1kGy throughout the wood, or (iv) has been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and (b) that it has been packed in such a manner as to prevent infestation with Chrysobothris mali (Horn) during transport and storage. For the purpose of point (a)(ii), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate. For the purpose of point (a)(iv), the national plant protection organisation of the country of origin must have previously provided the national plant protection organisation of the United Kingdom with written details of the fumigation. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration.”;

(e) after entry 139, insert—

“139A.	Wood in the form of chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or in part from Acer L., Betula L ., Carpinus L., Carya illinoinensis (Wangenheim) Koch, Crataegus L., Juglans L., Malus Mill., Platanus occidentalis L., Populus L., Prunus L., Pyrus L., Salix L., Tilia L., and Ulmus L.	Canada and the USA	The wood must be accompanied by an official statement that: (a) it has: (i) undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, or (ii) been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and (b) it has been packed in such a manner as to prevent infestation with Chrysobothris femorata (Olivier) during transport and storage. For the purpose of point (a)(i), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate. For the purpose of point (a)(ii), the national plant protection organisation of the country of origin must have previously provided the national plant protection organisation of the United Kingdom with written details of the fumigation.
139B.	Wood in the form of chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or in part from Acer L., Aesculus L., Corylus L., Fagus sylvatica L., Juglans regia L., Malus Mill., Platanus L., Populus L., Prunus L., Pyrus communis L., Quercus L., Salix L., Sorbus aucuparia L., and Ulmus L.	Canada and the USA	The wood must be accompanied by an official statement: (a) that it: (i) originates in an area* which has been established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Chrysobothris mali (Horn), and that no part of the area lies within 100km of a known outbreak of Chrysobothris mali (Horn), (ii) has undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, or (iii) has been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and (b) that it has been packed in a manner as to prevent infestation during transport and storage. For the purpose of point (a)(ii), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate. For the purpose of point (a)(iii), the national plant protection organisation of the country of origin must have previously provided the national plant protection organisation of the United Kingdom with written details of the fumigation. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration.”.

(7) In Annex 11, in the table in Part A (list of plants, plant products and other objects and the respective third countries of origin or dispatch, which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate, as referred to in Article 72(1) of Regulation (EU) 2016/2031))(6), after entry 54, insert—

“55.	Acer L., Aesculus L., Carpinus L., Carya illinoinensis (Wangenheim) Koch., Corylus L., Crataegus L., Fagus sylvatica L., Malus Mill., Pyrus L., Salix L., Sorbus aucuparia L., Tilia L., and Ulmus L., other than wood packaging material, but including wood which has not kept its natural round surface	Fuel wood in logs, billets, twigs, faggots, or in similar forms; wood in chips or particles; sawdust, wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms: Fuel wood in logs, billets, twigs, faggots, or in similar forms: Non-coniferous: ex 4401 12 00 Wood in chips or particles: Non-coniferous: ex 4401 22 00 Sawdust, wood waste, and scrap, not agglomerated: Sawdust: ex 4401 40 10 Wood waste and scrap (other than sawdust): ex 4401 40 90 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, Treated with paint, stains, creosote or other preservatives: Non-coniferous: ex 4403 12 00 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, Other than treated with paint, stains, creosote or other preservatives: ex 4403 9900 Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise: Non-coniferous: ex 4404 20 00 Non-coniferous railway or tramway sleepers (cross-ties) of wood: Not impregnated ex 4406 12 00 Other (than not impregnated) ex 4406 92 00 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6mm: ex 4407 99 27 ex 4407 99 40 ex 4407 99 90 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves: ex 4416 00 00 Prefabricated buildings of wood: ex 9406 10 00	Canada and the USA
56.	Platanus L. other than wood packaging material, but including wood which has not kept its natural round surface	Fuel wood in logs, billets, twigs, faggots, or in similar forms; wood in chips or particles; sawdust, wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms: Fuel wood in logs, billets, twigs, faggots, or in similar forms: Non-coniferous: ex 4401 12 00 Wood in chips or particles: Non-coniferous: ex 4401 22 00 Sawdust, wood waste, and scrap, not agglomerated: Sawdust: ex 4401 40 10 Wood waste and scrap (other than sawdust): ex 4401 40 90 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, Treated with paint, stains, creosote or other preservatives: Non-coniferous: ex 4403 12 00 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, Other than treated with paint, stains, creosote or other preservatives: ex 4403 9900 Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise: Non-coniferous: ex 4404 20 00 Non-coniferous railway or tramway sleepers (cross-ties) of wood: Not impregnated ex 4406 12 00 Other (than not impregnated) ex 4406 92 00 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6mm: ex 4407 99 27 ex 4407 99 40 ex 4407 99 90 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves: ex 4416 00 00 Prefabricated buildings of wood: ex 9406 10 00	Canada”.

(1)

Annex 2 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/641, 1171, 2022/114, 1120, 2023/1131.

(2)

Annex 2A was inserted by S.I. 2020/1527 and amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/1131.

(3)

Annex 5 was substituted by S.I. 2020/1527. Part C was amended by S.I. 2021/426, 1229.

(4)

Annex 6 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/641, 1171, 2023/1131.

(5)

Annex 7 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/136, 426, 641, 1171, 1229, 2022/114, 484, 1090, 1120, 2023/959, 1131.

(6)

Annex 11 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/959.