The Pests of Plants (Authorisations) (Amendment) Regulations 2022 No. 1020

Statutory Instruments

2022 No. 1020

Plant Health

The Pests of Plants (Authorisations) (Amendment) Regulations 2022

Made

3rd October 2022

Laid before Parliament

4th October 2022

Coming into force

1st November 2022

The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 8(5), 48(5) and 105(6)(a) of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants(1) (“the Plant Health Regulation”).

In accordance with Article 2a(2)(a) of the Plant Health Regulation, the Scottish Ministers and the Welsh Ministers have consented to the Secretary of State making these Regulations.

Citation, commencement and extent E+W+S

1.—(1) These Regulations may be cited as the Pests of Plants (Authorisations) (Amendment) Regulations 2022.

(2) These Regulations come into force on 1st November 2022.

(3) These Regulations extend to England and Wales and Scotland.

Commencement Information

I1 Reg. 1 in force at 1.11.2022, see reg. 1(2)

Amendment of Commission Delegated Regulation 2019/829 E+W+S

2.—(1) Commission Delegated Regulation (EU) 2019/829 supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants, authorising Member States to provide for temporary derogations in view of official testing, scientific or educational purposes, trials, varietal selections, or breeding(2) is amended as follows.

(2) Omit Article 3 (recording of information).

(3) In Article 6(4) (letter of authority)—

(a) for the first subparagraph, substitute—

“The letter of authority issued by the competent authority(3) for a type of specified material covers all introductions into or movement within Great Britain of that material, subject to the following condition.

For movement within Great Britain, a copy of the letter of authority must be endorsed by the competent authority of the relevant territory of Great Britain from which the material is to be moved (where that authority is not the issuing authority).”;

(b) for the second subparagraph, substitute—

“The letter of authority is valid until the end of 31st December in the calendar year in which it is issued.”.

(4) In Annex 1, in paragraph 1—

(a) in point (c), omit “the number of sendings and the quantity per sending in case of multiple sendings,”;

(b) in point (d), for the words from “, address” to “case”, substitute “and address (including country), with appropriate documentary evidence where”.

(5) For Annex 2 (model letter of authority), substitute the model letter of authority set out in the Schedule.

Commencement Information

I2 Reg. 2 in force at 1.11.2022, see reg. 1(2)

Transitional provision E+W+S

3.  Regulation 2(3)(a) applies in relation to a letter of authority issued before 1st November 2022 to introductions or movements made after the coming into force of these Regulations.

Commencement Information

I3 Reg. 3 in force at 1.11.2022, see reg. 1(2)

Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Regulation 2

SCHEDULE E+W+S Model Letter of Authority for the introduction into, or movement within, Great Britain of pests, plants, plant products and other objects for scientific or educational purposes etc

Commencement Information

I4 Sch. in force at 1.11.2022, see reg. 1(2)

  

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Commission Delegated Regulation (EU) 2019/829 supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants, authorising Member States to provide for temporary derogations in view of official testing, scientific or educational purposes, trials, varietal selections, or breeding.

The Regulations amend the requirements for record keeping, allow multiple introductions into and movements of material within Great Britain to take place under one letter of authority (subject to endorsement by the competent authority of the territory of Great Britain from which the material is to be moved, where appropriate), amend the information required in an application for an authorisation and replace the model Letter of Authority with an updated version (regulation 2).

The Regulations make transitional provision so that regulation 2(3)(a) applies to introductions or movements made after the commencement of the Regulations under letters of authority issued before 1st November 2022.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

(1)

EUR 2016/2031. Articles 8 and 48 were amended by, and Article 105 substituted by S.I. 2020/1482. Article 2a(2) of EUR 2016/2031 (inserted by S.I. 2020/1482) contains a definition of “the appropriate authority” for the purposes of making regulations and provides that, in the case of regulations applying in relation to Wales or Scotland, “the appropriate authority” is the Secretary of State if consent is given by the Welsh Ministers or the Scottish Ministers, as the case may be.

(2)

EUR 2019/829, amended by S.I. 2020/1482.

(3)

See Article 2(6) of EUR 2016/2031 (amended by S.I. 2020/1482) for the definition of “competent authority”.