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

5.—(1) The Plant Health (Fees) (Forestry) (Wales) Regulations 2019(1) are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “approved place of inspection” for “article 3 of the Order” substitute “regulation 13(10) of the Official Controls (Plant Health) Regulations 2020”;

(b) in the appropriate place insert—

““forestry remedial notice” (“hysbysiad adfer coedwigaeth”) means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2020;”;

(c) for the definition of “licence” substitute—

““licence” (“trwydded”) means—

(a)

a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2020 that has been granted by the Welsh Ministers, or

(b)

an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) of the Official Controls (Plant Health) Regulations 2020 granted by the Welsh Ministers;”;

(d) in the appropriate place insert—

““the Official Controls (Plant Health) Regulations 2020” (“Rheoliadau Rheolaethau Swyddogol (Iechyd Planhigion) 2020”) means the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020;”;

(e) in the appropriate place insert—

““Phytosanitary Conditions Regulation” (“Rheoliad Amodau Ffytoiechydol”) means Commission Implementing Regulation (EU) 2019/2072 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;”;

(f) in the appropriate place insert—

““plant health inspector” (“arolygydd iechyd planhigion”) means an official plant health officer appointed by the Welsh Ministers for the purposes of the Official Controls (Plant Health) Regulations 2020;”;

(g) in the definition of “plant passport authority”, at the end insert “and granted by the Welsh Ministers”;

(h) omit the definition of “the Order”;

(i) omit the definition of “remedial notice”;

(j) in the definition of “remedial work”, for “a remedial notice, or by an inspector under article 32(1) of the Order” substitute “a forestry remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2020”;

(k) in the definition of “WPM authorisation”, at the end insert “and granted by the Welsh Ministers”.

(3) In regulation 3—

(a) omit paragraph (6);

(b) at the end insert—

“(6A) The person on whom a forestry remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2020 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.”

(1)

S.I. 2019/497 (W. 114), amended by S.I. 2020/44 (W. 5).