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

PART 6 Registration, authorisations and certificates relating to plant health

Applications for registration

19.  An application for registration pursuant to Article 66(1) of the EU Plant Health Regulation which is to be submitted to an appropriate authority must be submitted in the manner and form required by the appropriate authority.

Other applications

20.—(1) The following applications must be made to the appropriate authority in the manner and form required by the appropriate authority—

(a) an application for a temporary authorisation to permit a relevant activity for official testing, scientific or educational purposes, trials, varietal selection or breeding;

(b) an application for an authorisation referred to in the following provisions of the EU Plant Health Regulation—

(i) Article 64(2),

(ii) Article 89(1), or

(iii) Article 98(1);

(c) an application for the issue of a phytosanitary certificate for export, a phytosanitary certificate for re-export or a pre-export certificate.

(2) In this regulation—

“relevant activity” means an activity which would otherwise be prohibited under the EU Plant Health Regulation, an EU emergency decision or another EU plant health rule involving—

(a)

the introduction of a plant pest or a plant, plant product or other object into Wales,

(b)

the movement of a plant pest or a plant, plant product or other object within Wales,

(c)

the holding of a controlled plant pest or a plant, plant product or other object at premises in Wales, or

(d)

the multiplication of a plant pest at premises in Wales.

Authorisations for other purposes

21.—(1) The appropriate authority may grant an authorisation to permit the carrying out of—

(a) any activity specified in a plant health derogation, or

(b) any other activity which requires the approval of the appropriate authority under the EU Plant Health Regulation, the Official Controls Regulation or these Regulations.

(2) An application for any such authorisation must be made to the appropriate authority in the manner and form required by the appropriate authority.

(3) In this regulation, a “plant health derogation” means—

(a) a derogation from provisions of the EU Plant Health Regulation which is set out in an implementing or delegated act adopted by the European Commission under the EU Plant Health Regulation or the Official Controls Regulation, or

(b) a derogation in any decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, which continues to apply for the purposes of the EU Plant Health Regulation on or after the commencement date and allows member States to authorise an activity which would otherwise be prohibited by or under the EU Plant Health Regulation.

Authorisations granted by an appropriate authority

22.—(1) An authorisation granted by an appropriate authority for the purposes of the EU Plant Health Regulation, the Official Controls Regulation or these Regulations must be in writing and may be granted—

(a) subject to conditions;

(b) for an indefinite period or a specified period.

(2) An authorisation granted by an appropriate authority may permit the appropriate authority to modify, suspend or revoke the authorisation at any time by notice in writing.