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The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020

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Regulation 38(1)(d) to (f)

SCHEDULE 3E+WOffences: relevant provisions in [F1[F2assimilated direct] legislation]

Textual Amendments

PART 1E+WThe F3... Plant Health Regulation

Textual Amendments

Commencement Information

I1Sch. 3 Pt. 1 in force at 27.3.2020, see reg. 1

Provision of the F4... Plant Health RegulationSubject matter
Article 5(1) (as read with Article 8(1))Prohibits the introduction of a [F5GB quarantine] pest into [F6Great Britain], the movement of a [F5GB quarantine] pest within [F6Great Britain] or the holding, multiplication or the release of a [F5GB quarantine] pest in [F6Great Britain] M1.
Article 9(3) (as read with Article 33(1))

Requires professional operators immediately to notify competent authorities of any evidence they may have concerning an imminent danger of the entry of:

(a)a [F7GB] quarantine pest or a [F8provisional GB quarantine pest] into [F9Great Britain] or into a part of [F9Great Britain] where it is not yet present, or

(b)a [F10PFA] quarantine pest into the [F11GB pest-free area established in respect of that pest].

Article 14(1) (as read with Articles 16 and 33(1))

Requires a professional operator who suspects or becomes aware that:

(a)a [F12GB quarantine pest or provisional GB quarantine pest] is present in plants, plant products or other objects which are under the operator's control;

(b)a [F13PFA] quarantine pest is present in plants, plant products or other objects which are under the operator's control in the [F14GB pest-free area established in respect of that pest],

immediately to notify the competent authority and take precautionary measures to prevent the establishment and spread of the pest.

Article 14(3)

Requires a professional operator:

(a)to consult the competent authority where the professional operator has received an official confirmation concerning the presence of a [F15GB] quarantine pest in plants, plant products or other objects which are under the operator's control, and

(b)where applicable, proceed with the actions required under Article 14(4) to (7).

Article 15(1) (as read with Articles 15(2), 16 and 33(1))

Requires a person who is not a professional operator immediately to notify the competent authority where the person becomes aware of, or has reason to suspect:

(a)the presence of a [F16GB] quarantine pest;

(b)the presence of a [F17PFA] quarantine pest in the [F18GB pest-free area established in respect of that pest].

Article 32(2)Prohibits the introduction of a [F19PFA quarantine] pest into the [F20GB pest-free area established in respect of that pest], the movement of a [F19PFA quarantine] pest within the [F20GB pest-free area established in respect of that pest] or the holding, multiplication or the release of a [F19PFA quarantine] pest in the [F20GB pest-free area established in respect of that pest] M2.
Article 37(1) (as read with Article 39, and Article 17 of the Phytosanitary Conditions Regulation)Prohibits the introduction into [F21Great Britain] by a professional operator of a [F22GB] regulated non-quarantine pest on plants for planting through which it is transmitted, or the movement of a [F22GB] regulated non-quarantine pest within [F21Great Britain] by a professional operator on plants for planting through which it is transmitted M3.
Article 40(1) (as read with Articles 47 and 48(1))Prohibits the introduction into [F23Great Britain] of certain plants, plant products or other objects if they originate from all or certain third countries or territories M4.
[F24Article 41(1) (as read with Articles 47 and 48(1))] [F24Prohibits the introduction into Great Britain of certain plants, plant products or other objects from third countries unless the special requirements in respect of those plants, plant products or other objects are fulfilled.]
[F24Article 41(1A) (as read with Article 48(1))][F24Prohibits the introduction into Great Britain of certain plants, plant products or other objects from CD territories unless the special requirements in respect of those plants, plant products or other objects are fulfilled.]
[F24Article 41(1B) (as read with Article 48(1))][F24Prohibits the movement within Great Britain of certain plants, plant products or other objects unless the special requirements in respect of those plants, plant products or other objects are fulfilled.]
Article 42(2) (as read with Articles 47 and 48(1))Prohibits the introduction into [F25Great Britain] of high-risk plants, plant products or other objects from third countries M5.
Article 43(1)Prohibits the introduction into [F25Great Britain] of wood packaging material, whether or not in use in the transport of objects of any kind, unless it fulfils the specified requirements or is subject to the exemptions provided for in ISPM 15.
Article 45(1), third paragraph (as read with Article 55)Requires postal services and professional operators involved in sales through distance contracts to make specified information available to their clients through the internet.
Article 53(1) (as read with Articles 57 and 58)

Prohibits:

(a)the introduction of certain plants, plant products or other objects originating from third countries into [F26GB pest-free areas];

(b)the introduction of certain plants, plant products or other objects originating [F27in Great Britain or a CD territory into GB pest-free areas] M6.

Article 54(1) (as read with Articles 57 and 58)

Prohibits:

(a)the introduction of certain plants, plant products or other objects into [F28GB pest-free areas] unless the special requirements in respect of [F29those GB pest-free areas] are fulfilled;

(b)the movement of certain plants, plant products or other objects within [F28GB pest-free areas] unless the special requirements in respect of [F29those GB pest-free areas] are fulfilled M7.

Article 59

Requires:

(a)vehicles, machinery or packaging material used for specified plants, plant products or other objects moving into or within [F30Great Britain], or through [F30Great Britain], to be free from [F31GB quarantine pests or provisional GB quarantine pests];

(b)vehicles, machinery or packaging material used for specified plants, plant products or other objects moving into or within [F32GB pest-free areas], or through [F33GB pest-free areas], to be free from the [F34PFA] quarantine pests [F35relating to those areas].

Article 62(1)Requires a person responsible for a quarantine station or confinement facility to monitor the station or facility and its immediate vicinity for the unintended presence of [F36GB quarantine pests and provisional GB quarantine pests].
Article 62(2)Requires a person responsible for a quarantine station or confinement facility to take appropriate action based on the contingency plan referred to in point (e) of Article 61(1) and to comply with the obligations of professional operators in Article 14 where the unintended presence of a [F37GB quarantine pest or a provisional GB quarantine pest] is found or suspected.
Article 64(1) (as read with Article 64(2))Prohibits the release of plants, plant products and other objects from quarantine stations or confinement facilities unless authorised by the competent authorities.
Article 66(1) (as read with Article 65(3))Requires certain professional operators to submit an application for registration to the competent authorities.
Article 66(5) (as read with Article 65(3))

Requires registered operators, where relevant:

(a)to submit an annual update concerning any changes in the data referred to in points (d) and (e) of Article 66(2) or in the statements referred to in points (b) and (c) of Article 66(2);

(b)to update the data referred to in point (a) of Article 66(2) no later than 30 days after the change in that data.

Article 69(1) (as read with Articles 65(3) and 69(3))Requires a professional operator to whom plants, plant products or other objects are supplied that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator who supplied each trade unit.
Article 69(2) (as read with Article 69(3))Requires a professional operator who is supplying plants, plant products or other objects that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator to whom each trade unit was supplied.
Article 69(4)Requires professional operators to keep the records required pursuant to Article 69(1) to (3) for at least three years.
Article 70(1)Requires professional operators who are supplied with, or supply, the plants, plant products or other objects referred to in Article 69(1) and (2) to have in place traceability systems or procedures to allow identification of the movements of those plants, plant products and other objects within and between their own premises.
Articles 72(1) and 73Prohibits the introduction into the [F38Great Britain] of certain plants, plant products and other objects from third countries unless they are accompanied by a phytosanitary certificate M8.
Article 74(1)Prohibits the introduction of certain plants, plant products and other objects from third countries into certain [F39GB pest-free areas] unless accompanied by a phytosanitary certificate M9.
Article 79(1) (as read with Articles 81, 82 [F40, 83 [F41, 92a and 95a(2)]])Prohibits the movement of certain plants, plant products and other objects within [F42Great Britain or the introduction of certain plants, plant products and other objects into Great Britain from a CD territory without a UK plant passport] M10.
Article 80(1) (as read with Articles 81, 82 [F43, 83 [F44, 92a and 95a(2)]])Prohibits the introduction of certain plants, plant products and other objects into certain protected zones, or the movement of certain plants, plant products and other objects within [F45GB pest-free areas], without a [F46UK] plant passport M11.
Article 84(1)Prohibits professional operators from issuing [F47UK] plant passports unless they are authorised and from issuing [F47UK] plant passports for plants, plant products or other objects for which they are not responsible.
Article 84(3)Prohibits authorised professional operators from issuing plant passports except at specified premises, collective warehouses or dispatching centres.
Article 85 (as read with Article 87)Prohibits authorised professional operators from issuing plant passports for plants, plant products or other objects unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
Article 86(1) (as read with Articles 86(2) and 87)Prohibits authorised professional operators from issuing [F48UK] plant passports for plants, plant products or other objects to be introduced into, or moved within, a [F49GB pest-free area] unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
[F50Article 86a Prohibits authorised professional operators from issuing UK plant passports for plants, plant products or other objects to be introduced into a CD territory unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.]
Article 88Requires professional operators to attach [F51UK] plant passports to the trade unit of the plants, plant products or other objects concerned, or where the plants, plant products or other objects are moved in a package, bundle or container, to that package, bundle or container.
Article 90(1)

Requires an authorised operator:

(a)to identify and monitor the points in its production process and certain other critical points as regards the movement of plants, plant products and other objects where the authorised operator intends to issue a [F52UK] plant passport in respect of those plants, plant products and other objects, and

(b)to keep records concerning the identification and monitoring of those points for at least three years.

Article 90(2)Requires authorised operators to ensure that appropriate training is given to its personnel involved in the examinations referred to in Article 87.
Article 93(1)Prohibits authorised operators from issuing replacement [F53UK] plant passports unless certain conditions are fulfilled.
Article 93(5)Requires authorised operators to retain [F54certain] plant passports or their contents for at least three years.
[F55Article 95a(1)Prohibits the introduction of a relevant NI trade unit into Great Britain from Northern Ireland unless it is accompanied by the plant passport which was required for its movement within Northern Ireland.]
Article 96(1)

Prohibits the marking of wood packaging material, wood or other objects in [F56Great Britain] :

(a)by any professional operator who is not authorised in accordance with Article 98, or

(b)otherwise than in the manner required.

Article 97(1)

Prohibits the repairing of wood packaging material:

(a)by any professional operator who is not authorised in accordance with Article 98, or

(b)otherwise than in the manner required.

Textual Amendments

Marginal Citations

M1The list of Union quarantine pests is set out in Annex 2 to Regulation (EU) 2019/2072 (“Phytosanitary Conditions Regulation”) establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants (OJ No. L 319, 10.12.2019, p. 1) (“ EU Plant Health Regulation”).

M2The list of protected zones and the respective protected zone pests is set out in Annex 3 to the Phytosanitary Conditions Regulation.

M3The list of Union regulated non-quarantine pests and the relevant plants for planting, with categories and thresholds, is set out in Annex 4 to the Phytosanitary Conditions Regulation.

M4The list of plants, plant products and other objects and the third countries, groups of third countries or specific areas of third countries to which the prohibition applies is set out in Annex 6 to the Phytosanitary Conditions Regulation.

M5The list of high risk plants, plant products and other objects to which the prohibition applies is set out in Annex 1 to Commission Implementing Regulation (EU) 2018/2019 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2031 and a list of plants for which phytosanitary certificates are not required for introduction into the Union, within the meaning of Article 73 of that Regulation (OJ No. L 323, 19.12.2018, p. 10).

M6The list of plants, plant products and other objects for these purposes is set out in Annex 9 to the Phytosanitary Conditions Regulation.

M7The list of plants, plant products and other objects for these purposes is set out in Annex 10 to the Phytosanitary Conditions Regulation.

M8The list of plants, plant products and other objects for the purposes of Article 72(1) is set out in Part A of Annex 11 to the Phytosanitary Conditions Regulation. The list of plants, plant products and other objects for the purposes of Article 73(1) is set out in Part B of that Annex, but does not include any plants, plant products and other objects in the list set out in Part C of that Annex.

M9The list of plants, plant products and other objects for these purposes is set out in Annex 12 to the Phytosanitary Conditions Regulation.

M10The list of plants, plant products and other objects for these purposes is set out in Annex 13 to the Phytosanitary Conditions Regulation.

M11The list of plants, plant products and other objects for these purposes is set out in Annex 14 to the Phytosanitary Conditions Regulation.

PART 2E+WThe Official Controls Regulation

Commencement Information

I2Sch. 3 Pt. 2 in force at 27.3.2020, see reg. 1

Provision of the Official Controls RegulationSubject matter
Article 47(5) (as read with Articles 5 and 7 of Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers' personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market M12)Requires the operator responsible for a relevant consignment entering [F57Great Britain] to ensure that it is presented for official controls at the border control post of first arrival into [F57Great Britain].
Article 50(1)Requires the operator of a relevant consignment to which Article 47(1) applies to present the original official certificates or documents which are required to accompany the consignment to the competent authorities of the border control post.
Article 50(3)Prohibits the operator of a relevant consignment from splitting the consignment until official controls have been performed and the Community Health Entry Document (“CHED”) has been finalised.
Article 56(1)Requires the operator of a relevant consignment to complete the relevant part of the CHED.
Article 56(4) (as read with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 on the prior notification of consignments of certain categories of animals and goods entering [F57Great Britain] M13 and regulation 9)Requires the operator of a relevant consignment to give prior notification to the competent authorities of the border control post of the arrival of the consignment before the physical arrival of the consignment in [F57Great Britain].

Textual Amendments

Marginal Citations

M12OJ No. L 321, 12.12.2019, p. 45.

M13OJ No. L 165, 21.6.2019, p. 8.

PART 3E+WOther EU legislation

Commencement Information

I3Sch. 3 Pt. 3 in force at 27.3.2020, see reg. 1

Provision of EU legislationSubject matter
Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination M14
Article 3 (as read with Articles 4(a), 5(1)(b) and (d), 5(2)(a) and (c) and 6(a))Requires the operator responsible for a consignment to ensure that a CHED accompanies the consignment before it is released for free circulation in accordance with Article 57(2)(b) of the Official Controls Regulation.
Commission Delegated Regulation (EU) 2019/2124 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union M15
Article 5(a) and (b)Requires the operator who is responsible for a relevant consignment that has been given authorisation for onward transportation to enter certain details in the CHED and submit the CHED.
Article 6Requires the operator who is responsible for a relevant consignment that has been given authorisation for onward transportation to comply with the specified conditions relating to its transportation and storage.
Article 16(1) and (3)Requires the operator who is responsible for a transhipped relevant consignment to notify the specified information to competent authorities.
Article 22(4)Requires the operator who is responsible for a relevant consignment that is in transit through [F58Great Britain] to take specific measures relating to the transportation of the consignment.
[F59Commission Delegated Regulation (EU) 2019/2123 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts
Article 2(1)(d), (e), (f), (g)(i) and (h) (as read with Article 2(2) and (3)), Article 5(1) (as read with Article 5(2), Article 6(1) and (4) and Article 8(2))Requires the operator responsible for a consignment to comply with certain conditions where identity and physical checks on the consignment are to be performed at a control point other than a border control post.]

Textual Amendments

Marginal Citations

M14OJ No. L 250, 30.9.2019, p. 6.

M15OJ No. L 321, 12.12.2019, p. 73.

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